Terms & Conditions:
PART I: General Provisions
The following General Terms and Conditions regulate the contractual relationship between Schilling & Entrepreneurs and its customers. Depending on the subject of the contract, the additional provisions of Part II and Part III will apply.
The customers’ general terms and conditions of business do not apply, even if Schilling & Entrepreneurs does not explicitly object to them.
Schilling & Entrepreneurs provides services exclusively to businesses within the meaning of Section 14 of the German Civil Code (BGB). If a consumer wishes to make use of the services of Schilling & Entrepreneurs they must contact Schilling & Entrepreneurs and expressly disclose that fact. Schilling & Entrepreneurs will then assess whether an offer suitable for consumers can be made.
The contractual partner of the customer is
Schilling & Entrepreneurs
Girardetallee 12
D-53604 Bad Honnef/Bonn
Germany
General Manager: Roman Schilling
Registration court: Court of Bonn
VAT ID: DE282498004
Place of performance for all liabilities of Schilling & Entrepreneurs arising from this contract is Bonn, Germany, unless otherwise agreed in individual cases.
- 4 Use of Data for Information on Similar Product
With reference to Section 7 Paragraph 3 of the German Act against Unfair Competition (“Gesetz gegen den unlauteren Wettbewerb”), Schilling & Entrepreneurs reserves the right to advertise similar goods or services of Schilling & Entrepreneurs by email. The customer may object to this use at any time without incurring any costs other than the transmission costs according to the basic tariffs. To unsubscribe it is sufficient to send an informal email to request [at] schilling [minus] entrepreneurs [dot] com.
- 5 Data Protection and Data Security
With regard to the further regulations concerning data protection and data security, reference is made to the separate data protection declaration.
- 6 Applicable Law and Place of Jurisdiction
Any disputes arising directly or indirectly from the contractual relationship with the customer shall be referred to the courts of competent jurisdiction at the place of our registered office in Bonn, Germany. The foregoing sentence shall not apply to contractual partners with a different applicable place of jurisdiction in Germany if they are not merchants, legal persons under public law, or special assets (Sondervermögen) under public law.
The contractual relationship with the customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and excluding the provisions of international private law.
- 7 Liability and Limitation
Damage caused by slight negligence on the part of Schilling & Entrepreneurs will only be compensated insofar as it was caused by the breach of a material contractual obligation (cardinal obligation). Material contractual obligations are those which are necessary for the proper execution of the contract and on which the contractual Partner may regularly rely. Otherwise, liability for slight negligence is excluded. In cases of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract. Unless otherwise agreed, this limit shall be EUR 5,000 for each contractual relationship. If the customer foresees the possibility of a higher damage it is the customer’s responsibility to inform Schilling & Entrepreneurs thereof prior to the conclusion of the contract.
All claims against Schilling & Entrepreneurs become time-barred after 12 months of arising and becoming due.
The aforementioned limitations of liability and shortening of the limitation period do not apply in the case of intent or gross negligence or in the case of culpable injury to life, body, or health, or in the case of liability under the German Product Liability Act (“Produkthaftungsgesetz”).
- 8 Retention of Title, Copyright
Schilling & Entrepreneurs reserves the unrestricted right of ownership for all materials delivered in physical form until complete fulfilment of all payment obligations by the customer.
If Schilling & Entrepreneurs creates or provides copyrighted works (e.g. training documents, presentations, software code), the Customer – subject to the condition precedent of the complete fulfilment of all payment obligations by the customer – is always only granted a simple right of use for the customer’s own purposes without the rights to duplication, distribution, processing or making available, insofar as nothing else is stipulated in the contract or something else clearly results from the purpose of the contract.
The training documents handed out or sent in connection with the training – in whatever form – are subject to copyright protection and may only be reproduced, translated, reprinted, electronically processed, disseminated or published – even in excerpts – after obtaining the express written consent of Schilling & Entrepreneurs and the respective instructors.
PART II: Public Trainings, Workshops and Leadership Circles of Schilling & Entrepreneurs
In addition to the General Terms and Conditions, the following terms and conditions govern the contractual relationship for participation in open formats of Schilling & Entrepreneurs
- Registration
Registration must be made using the online registration forms or by e-mail. If the online registration forms are not used, it is absolutely necessary to state the name of the participant and the complete company address or invoice address with telephone number and e-mail address.
The registration in each case represents an offer by the customer to conclude a contract for the respective training. The acceptance of the offer of a contract is only made by express confirmation by Schilling & Entrepreneurs. The registration therefore only becomes legally binding through our confirmation by e-mail. If the event is already fully booked, we will contact you without undue delay. Without this confirmation of registration, there is no entitlement to participation.
Participation Fee
The participation fee is calculated per person and event date plus applicable statutory VAT. Unless otherwise stated, the participation fee includes attendance at the seminar and the announced training materials.
- Terms of Payment
The participation fee plus applicable VAT is due within 14 days upon receipt of the invoice. Payments are accepted by bank transfer, credit card or payment options provided. Participation in the event for only part of the event does not entitle the participant to a reduction of the applicable fee.
- Cancellation and Cancellation of Events
4.1 Substitution
You may assign your registration to a substitute participant at any time at no additional cost by sending a prior notification by email.
4.2 Cancellation (also seen below)
In case of cancellation of the registration, the following conditions apply:
- Up to 4 weeks before the start of the training, cancellation is free of charge and no cancellation fees apply.
- In the event of cancellation less than 4 but more than 2 weeks before the first day of training, 50% of the non-discounted participation fees will be charged as cancellation fees.
- In case of cancellation within 2 weeks before the training, 100% of the non-discounted participation fees will be charged as cancellation fees.
We may – at our sole discretion – decide to waive the cancellation fee in part or completely as a gesture of goodwill. This in no way constitutes a right for the participants to demand such a reduction or waiver.
4.3 Cancellation of Events
We reserve the right to cancel events up to two weeks before the scheduled event date without cause. We also reserve the right to cancel the event no later than seven days before the scheduled event date in case the minimum number of participants is not reached or in case of important reasons for which we are not responsible (e.g. sudden illness of the speaker). In such cases, any participation fees paid upfront will be refunded.
Further liability and compensation claims are excluded in any case of such a cancellation unless there is intent or gross negligence on our part. Please take this into account when booking accommodation and travel. It is the customer’s responsibility to book their travel in such a way that it can be cancelled or changed at such short notice if necessary.
4.4 Cancellation of Events due to Force Majeure
If holding an event becomes impossible or unreasonable due to circumstances of force majeure, Schilling & Entrepreneurs is released from the obligation to perform. Force majeure is defined as events that cannot be influenced by the market participants and that cannot be attributed to intent or negligence on the part of Schilling & Entrepreneurs. This includes amongst other things natural disasters, war, strike, riots, epidemics, pandemics, official orders or travel and transport restrictions.
Schilling & Entrepreneurs will inform the customer immediately of the existence of a case of force majeure and take the necessary measures to minimise the impact. In cases of force majeure, payments already made for events that cannot be carried out will be refunded. Any further claims of the customer, in particular claims for damages, are excluded.
- Reservation of Right to Make Changes
We are entitled to make necessary changes to the content, methodology and organisation or to deviations (e.g. due to changes in the law) before or during the event as long as these do not significantly change the quality of the announced event.
We are entitled to replace the scheduled speakers if necessary (e.g. illness, accident) with other persons equally qualified with regard to the announced topic.
- Liability for Contents and Lost Objects
The events are prepared by Schilling & Entrepreneurs and its speakers to the best of their knowledge. Liability and guarantees for the correctness, topicality, completeness and quality of the contents are excluded.
Schilling & Entrepreneurs is not liable for loss of or damage to items brought to events unless the loss or damage to these items is caused by gross negligence or wilful misconduct on the part of Schilling & Entrepreneurs. There is generally no surveillance of the premises (e.g. cloakroom, practice rooms during breaks).
