General Terms and Conditions
The following General Terms and Conditions (hereinafter: "GTC") apply to all legal relationships between us, 8PLUS "wirksam begegnen" (hereinafter "8PLUS" or "we"), and our clients in connection with the booking of assessments, seminars, workshops and mediations (hereinafter referred to as "event"). Unless expressly stated otherwise, they apply regardless of whether the customer is a consumer or an entrepreneur and regardless of which of the events offered by us is utilized.
These GTC are agreed anew for each individual booking with us and do not constitute a framework agreement
§ 1 Registration for open seminars and booking in-house seminars
1.1 Registrations for our open events are binding offers within the meaning of §145 BGB.
1.1.1 A contract is concluded when 8PLUS confirms the registration. We will then send the invoice.
1.1.2 In the case of open seminars, you will receive a separate invitation with details of the venue 7 days before the event.
1.1.3 Instead of a binding registration, a non-binding pre-booking is also possible for open events. If no binding confirmation is received by the time the event is held, the reservation shall expire automatically.
1.2 The booking of an in-house seminar comes into effect the moment you confirm acceptance of the offer to us (in writing or by telephone)
1.3 The language of the contract and contractual correspondence is German.
1.4 Your booking data will be stored by us in accordance with the statutory provisions.
§ 2 Cancellations and rebookings
2.1 Open events
2.1.1 In the case of open events, cancellations are free of charge, except in the case of a previous rebooking (see below) up to 28 calendar days before the start of the seminar at the latest. Cancellations must be made in writing (email is sufficient).
2.1.2 If you cancel an open event less than 28 calendar days before the start of the seminar, you can have a voucher issued to the value of the participation fee. Alternatively, you have the option of rebooking to another event date or participant. Rebooking is possible at any time up to the start of the event. Rebooking is possible several times and must be made in writing (email is sufficient). The possibility of issuing a voucher remains. The voucher is valid for 12 months from the date of issue.
2.2 In-house seminars / lectures, assessments, coaching, workshops and mediations
2.2.1 In the case of in-house seminars, free cancelations are possible up to 28 calendar days before the start of the seminar at the latest, except in the case of a previous rebooking (see below). Cancellations must be made in writing (email is sufficient).
2.2.2 In the event that an in-house seminar is canceled less than 28 calendar days before the start of the seminar, it is possible to rebook to another event date. If this is not desired, the full amount is due. Rebooking is possible at any time up to the start of the event. It is possible several times and must be made in writing (email is sufficient).
2.3 Note: In the event of a rebooking/cancellation, please remember to also cancel/rebook any hotel accommodation(s), train tickets, flight tickets, etc. that you may have booked.
§ 3 Prices
3.1 Open events
The price stated at the time of booking is decisive. The prices quoted are net prices in euros. The statutory value added tax is added to the net price. Unless otherwise stated, prices are per participant.
3.2 In-house
The price stated in the offer plus travel expenses is decisive. The prices quoted are net prices in euros. Statutory VAT is added to the net price. Unless otherwise stated, the prices are per event day.
§ 4 Reservation of the right to make changes
4.1 For our open events and in-house seminars, we are entitled to make minor changes to the content and organization (e.g. time frame, breaks, etc.) in the seminar program before or during the seminar, provided this is conducive to the benefit of the event.
4.2 For our open events and in-house seminars, we reserve the right, for important reasons (e.g. illness), to use another, equally qualified speaker on the seminar date, in deviation from the event program.
§ 5 Cancellation of seminars
5.1 We reserve the right to cancel events up to and including the first day of the seminar due to force majeure and if legal restrictions prevent the event from taking place due to a pandemic. The same applies in the event that a speaker is unable to attend for good cause (illness, accident, etc.) if we are unable to provide an equally qualified replacement speaker.
5.2 Cancellation due to a low number of participants shall not take place.
5.3 In the event of cancellation by us, payments already received will be refunded in full, including VAT. Any further liability and compensation claims that do not relate to injury to life, limb or health are excluded, unless there is intent or gross negligence on our part. This also applies to futile expenses (e.g. hotel rooms booked by you as well as flight or train tickets). Otherwise, the provisions of the "Liability" section shall apply.
5.4 Services not utilized
If the customer does not make use of individual event services due to premature return travel or for other reasons for which the customer is responsible, the customer shall pay the full price of the service less any expenses saved.
Cancellation by the customer for weather reasons is generally not permitted as long as, in the conscientious opinion of 8PLUS, the safe execution of the event is guaranteed. Canceled events shall be invoiced in accordance with § 3 ff.
5.5 Bad weather alternatives
For outdoor events, the customer may agree a bad weather alternative with 8PLUS in good time in advance. The customer shall have no claim against 8PLUS for these bad weather alternatives. If the bad weather alternative is an indoor event, the customer must provide suitable premises at their own expense. If mutually agreed, 8PLUS shall provide the material and trained personnel for the alternative event. 8PLUS shall agree with the customer the date by which a decision must be made on the implementation of the bad weather alternative.
The customer has no general right to the implementation of an alternative event in bad weather.
§ 6 Service contents
6.1 For open events and in-house events, the price includes participation in the booked event as described.
6.2 In the case of in-house events, you are responsible for providing the necessary infrastructure. You will receive the necessary information from us in good time, indicating which learning environment and hardware must be available and set up to ensure the success of the event.
§ 7 Quality control for open events and in-house events
With the exception of our assessment module, event participants receive access to a time-limited, web-based evaluation form for every open or in-house event, which participants can use to assess the event content, the event methodology and the course of the event on a multi-level scale.
After an in-house or outdoor event, the customer receives the evaluated assessment and the web-based assessment at the end of the allotted assessment period.
§ 8 Concepts and programs
All concepts, programs, exercises, image and video materials, ideas, works and other materials produced by 8PLUS are protected by copyright. All services provided by 8PLUS may therefore not be used, edited or passed on to third parties beyond the purpose of the contract without consent
§ 9 Cancellation policy
9.1. RIGHT OF WITHDRAWAL
a) If you as a customer are a consumer within the meaning of Section 13 of the German Civil Code (BGB) with your usual place of residence in a member state of the EU, you have the right to withdraw from the contract concluded with us within 14 days of conclusion of the contract without giving reasons.
b) In order to exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your withdrawal before the withdrawal period has expired. You can use the following sample withdrawal form for this purpose, but this is not mandatory:
c) MODEL WITHDRAWAL FORM
To the
8PLUS - meet effectively
Scheffelstrasse 14
64342 Seeheim-Jugenheim
E-mail: info@achtplus.team
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service
Booked on
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate.
9.2. CONSEQUENCES OF WITHDRAWAL
If you withdraw from the contract, we are obliged to refund all payments that we have already received from you immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original payment, unless expressly agreed otherwise with you. If you have requested that the service should commence during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided at the time of receipt of the revocation by us compared to the total scope of the services agreed in the contract.
9.3. EXPIRY OF THE RIGHT OF WITHDRAWAL
The right of withdrawal expires before the end of the 14-day withdrawal period if we have started to provide the services agreed in the contract at your express request and have already provided the agreed services in full before you exercise your right of withdrawal. You express your express consent to the provision of services before the expiry of the withdrawal period in particular by making use of the contractually agreed services within the withdrawal period, for example by participating in a seminar.
§ 10 Liability
10.1 We shall be liable without limitation in accordance with the statutory provisions for damages resulting from injury to life, limb or health and for damages under the Product Liability Act which you incur due to a culpable breach of duty by us or one of our legal representatives or vicarious agents.
10.2 In the event of culpable breach of a contractual obligation, the fulfillment of which is necessary to achieve the purpose of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), we shall be liable limited to compensation for the foreseeable and typical damage.
10.3 In all other cases, we shall only be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
§ 11 Pictures and videos
11.1 If 8PLUS takes photos and videos during the event at the request and on behalf of the customer, participants will also be depicted. The photos and videos shall be made available to the customer for 10 days after the event via a download link in a protected area.
11.2 By placing the order, the customer agrees that 8PLUS may use the photo and video material for advertising and documentation purposes on its website.
11.3 The customer shall bear sole responsibility for ensuring that all participants in the event agree to the production of photos and videos in accordance with the requirements of the GDPR and that each participant has given their consent to the production and use of the material by 8PLUS. The customer shall bear sole responsibility for ensuring that the further use and utilization of the photos takes place in accordance with these consents.
11.4 If a participant objects to the production and use of the photos and videos, 8PLUS shall immediately cease production or delete the material made available and shall not use the material in the manner described above. The customer shall indemnify 8PLUS against any disadvantages.
11.5 The copyright to the photos and videos produced by 8PLUS shall remain with 8PLUS.
§ 12 Online platform for out-of-court dispute resolution and reference to Section 36 VSBG
The European Union makes it possible to settle consumer disputes regarding online purchase and service contracts out of court on a website. You can access this website at www.ec.europa.eu/consumers/odr/. However, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 Exclusion of competition, confidentiality
8PLUS undertakes to inform the client of possible competitive conflicts with other companies and, upon request, shall grant exclusion of competition for product and service areas to be specified in detail in favor of 8PLUS.
8PLUS undertakes to maintain confidentiality regarding all confidential facts of which it becomes aware during the execution of the contract.
§ 14 Final provisions
14.1 The law of the Federal Republic of Germany shall apply to contracts between 8PLUS "wirksam begegnen" and the customer. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
14.2 The exclusive place of jurisdiction for all claims arising from the business relationship with customers, insofar as they are merchants, is Darmstadt. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany or moves his domicile or usual place of residence out of Germany after conclusion of the contract or if his domicile or usual place of residence is not known at the time the action is filed.
14.3 Should one or more provisions of the above provisions be or become legally invalid or void, this shall not affect the validity of the remaining provisions. Instead of a legally invalid or void provision, the provision that comes closest to the invalid or void provision in a legally permissible manner and corresponds to the presumed contractual intent of the parties resulting from these terms and conditions shall be deemed to have been agreed.
Status: 28.01.2024