GENERAL TERMS AND CONDITIONS
Dr. Daniel Zeiss
Av Marítima 19 Ed Brisamar III Desp. 4
38530 Candelaria, S/C de Tenerife, Spain
Automatic translation. In case of doubt the German version applies.
For the sake of comprehensibility, a representation in female and diverse form has been omitted here. The AGB`s apply to all forms.
(1) The following General Terms and Conditions apply to all legal transactions between Dr. Daniel Zeiß (“Provider”) and his contractual partner (“Participant”).
(2) Insofar as the Participant is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction (= entrepreneur within the meaning of § 14 BGB), these Terms and Conditions shall also apply to future legal transactions between the Participant and the Provider. Deviating general terms and conditions of this participant do not apply.
2. conclusion of the contract / subject matter of the contract
(1) Offers of the supplier are in principle non-binding and subject to change.
(2) By submitting his declaration of participation by mail, fax, electronic mail or verbally, the participant makes a binding offer for the conclusion of the contract.
(3) Insofar as the participant makes an offer (e.g. submits a registration form) and in doing so expressly leaves open which of the several named and offered dates he/she will/would ultimately participate in, his/her offer is nevertheless binding and effective, i.e. upon corresponding acceptance by the provider, the participant is obligated to participate in one of the dates, otherwise section 3 paragraph 4 shall apply.
(4) A contract with the provider is concluded if the provider accepts the offer within 6 weeks.
(5) There is no exclusivity, i.e. the Provider may also offer its services to competitors of the Participant.
(6) The participant has no right to a specific trainer/mentor, unless this is expressly announced or agreed as a fixed component of the event.
(7) The provider may change individual components of an event if this is necessary from his point of view and reasonable for the participant and if this would not change essential parts of the event.
(8) By participating in an event, the provider does not promise any concrete or specific success or result, and in this respect it does not give any guarantees, unless the success or guarantee is expressly agreed.
(1) The participation fee for the respective event is based on the current price table or the provider’s event program at the time of conclusion of the contract. Unless expressly agreed, flat-rate conference fees on the part of the venue are not included in the participation fee.
(2) All payments are due and payable immediately after invoicing, without any deductions, but in any case before the start of the event, unless another payment term has been expressly agreed.
(3) Invoicing shall be inclusive of the legally applicable value added tax, if any.
(4) If individual services are not used by a participant through no fault of the Provider, the participation fees and any additional agreed fees and costs shall nevertheless be due.
(5) If the participant books several seminars in a package at a discounted price, the above paragraph 4 shall apply accordingly to the entire package. This means that the participant must pay the full package price even if he/she only attends one seminar, unless the provider is at fault for the non-attendance or there is a contractually or legally regulated case that reduces or excludes the obligation to pay.
(6) For events lasting more than 2 days, payment of participation fees in installments may be agreed upon in individual cases.
(7) The Provider may terminate the contract or refuse admission to the event if the agreed participation fee or other third-party costs due have not been paid or have not been paid in full at the latest before the start of the event. In this case, however, the provider retains the right to payment of the participation fees and costs.
4. general conditions of participation
(1) Participation in an event cannot be divided among different participants.
(2) The participant behaves contrary to the contract and can be excluded from the event if
a.) he/she permanently disturbs or intends to disturb the event despite a warning, or he/she behaves or intends to behave to a considerable extent contrary to good morals, or he/she does not follow the instructions of the trainer/mentor, so that a smooth running of the event cannot be guaranteed and a further cooperation is no longer reasonable, or
b.) he is under the influence of alcohol or other narcotics or medication (e.g. antidepressants) or psychotropic drugs that may impair his ability to react and his physical well-being, or
c.) he carries out advertising of any kind without the prior, express written consent of the provider, or
d.) he uses or intends to use the event for non-contractual and non-event purposes.
The trainer/mentor leading the event is authorized to exclude the participant. In this case of exclusion, the provider retains its claim to the participation fees plus any conference fees and other third-party costs to be paid. Further claims for damages and reimbursement of costs by the provider remain unaffected.
(3) 4. General Conditions of Participation Paragraph 2 applies accordingly in the event of physical or health problems of the participant which, in the opinion of the provider and/or trainer/mentor, could impair the proper participation of the participant or other participants.
(4) The seminar leader/coach/trainer/mentor is authorized to give instructions to the participants for the duration and within the framework of the event.
(5) By registering, the participant agrees that pictures, sound and video recordings may be made of him/her. These may be distributed and published by the provider in addition to a supervision also for their own advertising purposes, in print and online media. The consent is unlimited in terms of space, content and time. The provider will not pass on the recordings to unauthorized third parties.
(6) The participant is responsible for the timely arrival, return and compliance with any entry requirements and their timely preparation (eg procurement of any necessary documents). The provider may only give a recommendation of the travel organization. However, the given seminar package is obligatory.
5. safety and health
(1) The participant is informed that the implementation of the event is not free of risks. Of course, the provider strives for the greatest possible safety already during the planning, but there are many factors that he can not or only little influence.
(2) Therefore, the following instructions must be observed urgently:
a.) Be sure to follow the instructions of the trainer/mentor and staff.
b.) If you find or feel that you are not eligible for any measure, please let the trainer/mentor know immediately.
c.) If you notice that other participants are unsuitable (e.g. alcoholized, scared or similar), please inform the trainer/mentor as well.
(3) If, after the event or after reading the documents/media, you apply or implement the knowledge learned or experienced there on yourself or on third parties, the provider can of course not guarantee that the application or implementation is legal and correct.
(4) Insofar as you take medically prescribed medication and/or perform medically prescribed measures or measures based on a medical finding, you should not make a change to the medication or measures without consulting your doctor on the basis of the event attended. This means that the participant cannot infer from participation in an event or mentoring that he or she would not be allowed to discontinue medically prescribed medication or medical measures or change the dosage or prescribed intake without consulting his or her physician.
(1) The documents and files handed over to the participant are subject to copyright law even if they do not reach the required level of creation in individual cases. The participant may only use the documents and files for private use and within the scope of the legal permissions.
(2) Photographs may be taken at the event by the participant, provided they only record an insignificant part of the event. However, the participant is responsible for observing the personal rights of other participants and third parties as well as other third-party rights (e.g. copyrights, property rights). Film & sound recordings of essential seminar points (contents) are completely prohibited.
7. withdrawal of the provider
(1) The provider may postpone an event in terms of dates and location if the intended trainer/mentor is absent due to illness through no fault of the provider and a replacement trainer/mentor is not available. In this case, the participant is not entitled to a refund of the participation fees already paid. In the event of a seminar postponement or relocation, the provider will offer the participant a voucher. The participant has no other claims.
(2) Paragraph 1 shall apply accordingly if, through no fault of the Provider, the location rented by the Provider and also a substitute location cannot be made available in time.
8. termination/cancellation by the participant
(1) For entrepreneurs, an ordinary termination or cancellation is excluded within the meaning of § 14 BGB. Consumers have a 14-day right of cancellation. After expiry of the revocation period, ordinary termination or cancellation is excluded.
(2) A fee of € 50.00 net will be charged for each rebooking or cancellation of a seminar date. If the rebooking or cancellation is made less than 7 days before the start of the seminar, a rebooking fee of € 100.00 net per seminar day will be charged.
(3) If the participant is unable or unwilling to attend the event, he or she may provide a substitute participant to avoid costs, provided that the substitute participant meets the admission criteria and the event has not yet begun. However, the original participant remains liable for the participation fees.
(4) When booking a seminar package, § 3 paragraph 5 shall apply accordingly.
9. force majeure, postponement of the event
(1) In the event of force majeure leading to a termination or interruption of the contract or the event, the provider may withdraw from the contract. This also applies if one of its service providers or service providers (e.g. the event location) cannot provide its services to him due to force majeure. In these cases, the participant will receive a value voucher, which he can redeem for an alternative date offered by the provider. Insofar as the statutory voucher redemption pursuant to Art. 240 §5 EGBGB does not apply anyway, these provisions shall apply accordingly.
(2) There shall be no claims for damages against the Provider.
(3) Force majeure shall be deemed to include the following events, unless the provider is responsible for them: Prohibitions by the state, country, authorities, police, etc. to hold the event; recommendations by the state, country, authorities, police, etc. not to hold the event; high requirements by the state, country, authorities, police, etc., which make it economically impossible to hold the event (cf. § 275 para. 2 BGB); travel bans by the provider or speaker; cancellation of other participants in significant numbers, so that the formative character of the event is lost.
(4) It is understood that the conclusion of a contract in the course of an epidemic/pandemic/plague or other prolonged conditions of force majeure shall not preclude the invocation of force majeure.
(5) The Provider may postpone the seminar date and/or relocate the seminar location for good cause.
(6) As a mitigating measure prior to cancellation of the event due to force majeure or for good cause, the Provider is entitled, but not obligated, to hold the event in whole or in part on another date and/or at another location.
(7) In this case, the provider will notify the participant of the new date and location. The participant will automatically rebook for the new seminar date and location. Rebooking fees according to §8 (2) do not arise for the participant here.
(8) In case of cancellation of the event, the provider can offer a value voucher, which the participant can redeem for another event or other services of the provider within 3 years.
10. right of withdrawal
Consumers have the right to revoke your contract within 14 days without giving any reason. This does not apply if the revocation option was also waived to receive a service that is within this period.
Books/CD/DVD: The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Digital goods(e-books/e-media/audiobooks/software/online courses, etc.): The right of withdrawal expires according to § 356 para. 5 BGB for non-embodied products.
Event registrations: The cancellation period is 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must contact us (Dr. Daniel Zeiß, postal address: Guenther-Wagner-Allee 13 App 265, 30177 Hannover, Germany, Fax: +49-(0)511-36054744, Email: mail(at)danielzeiss.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to revoke this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If our performance begins during the cancellation period, you shall pay a reasonable amount after exercising your right of cancellation. Reasonable is the amount that corresponds to the proportion of the services already provided up to that point in time compared to the total scope of the services provided for in the contract. The decisive point in time is the time at which we received the notification of your revocation of this contract.
11. data protection
(1) Insofar as this is necessary for the establishment, implementation or termination of a contractual or quasi-contractual customer relationship, the Provider shall collect, process and use the Participant’s personal data. Otherwise, the Provider shall collect, process and use personal data only with the prior consent of the Participant. His personal data will only be used for the purpose and to the extent stated in the consent. For example, the provider will only inform the participant about its products and services after the participant has given his or her consent. The participant may revoke his consent at any time with effect for the future. Upon receipt of the revocation, the provider will delete his data. Please send the revocation to the following address: E-mail: mail(at)danielzeiss.com or postal address: Dr. Daniel Zeiß, Guenther-Wagner-Allee 13 App 265, 30177 Hannover, Germany.
(2) The collection, processing and use of personal data is carried out by the provider or service providers commissioned by him. In this case, it is ensured that the service providers comply with the relevant statutory data protection rules and the obligations arising from this data protection notice. Service providers may be commissioned, for example, in the context of sending goods or advertising materials.
(3) Apart from that, no third party shall have access to the Participant’s personal data with the exception of the circumstances described in 4.5. In particular, the Provider shall not sell or otherwise exploit such data. Only in response to official or statutory requirements and in the event of statutory notification obligations will it process the data, in particular transmit it to government agencies.
(4) The Provider shall delete the personal data if the business purpose associated with the data has ceased to exist or the relevant statutory data protection rules require this.
(5) At the request of the participant, the provider will block personal data in whole or in part. As far as technically possible, the participant can exclude the processing and use of his data for certain areas in this way.
12. special provisions for media (e.g. books, DVDs)
(1) For the delivered goods, the warranty is limited to a replacement delivery. Claims for cancellation of the contract or reduction of the remuneration are excluded, provided that a replacement delivery is made within a reasonable period. Objections due to defects of the goods can be asserted within 8 days. If the inspection of the defective goods shows that the defects are due to the fault of the purchaser (e.g. damage due to improper handling), the purchaser shall bear the costs of the replacement delivery.
(2) An exchange of the ordered goods is only possible in case of wrong delivery or manufacturing defects. In the case of returns, the invoice or copy of the invoice must be enclosed, as otherwise processing is not possible, or proof of purchase must be provided by other suitable means, unless the customer has ordered directly from the provider/supplier by name.
(3) Unless otherwise agreed, delivery shall be made ex warehouse to the delivery address specified by the Participant/Orderer. The delivery will be made with a suitable service provider. For deliveries to other countries, the appropriate shipping route will be selected in each case and the shipping costs will be invoiced according to expenditure.
(4) The statutory value added tax is already included in the price. Discounts and discounts not recorded on the invoice cannot be granted. Prices are subject to change before conclusion of the purchase contract and errors excepted. In the case of shipments to invoice recipients within the EU, deliveries can be made without VAT if a sales tax number (UIN, ATU, VAT, etc.) is available. Shipments to invoice recipients outside the EU will be delivered without VAT. Customs duties and any other import costs are to be paid by the customer.
(5) No guarantee is given that specific products will fulfill the purpose desired by the customer.
(6) The delivered goods remain the property of the provider/supplier until full payment has been made.
13 Liability of the provider
(1) The Provider shall be liable without limitation for property damage and financial loss caused to the Participant, only to the extent that such damage was caused by gross negligence or intent on the part of the Provider or its vicarious agents.
(2) The Provider shall be liable for property damage and financial losses caused to the Participant, insofar as they were caused negligently by the Provider or its vicarious agents, however, only in the event of a breach of a material contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Participant may regularly rely (so-called cardinal obligation). The liability of the provider for slight negligence is limited in amount to the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
(3) For damages to life, body and health caused to the participant by the provider or his vicarious agents, we are liable for intent.
(4) This liability provision does not cover claims under data protection law.
14. dispute resolution proceedings before a consumer arbitration board
The provider is not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
15 Place of performance and jurisdiction
(1) The place of performance is the location of the event.
(2) The place of jurisdiction is agreed to be Santa Cruz de Tenerife, Spain. However, the provider is also entitled to take legal action at the participant’s registered office in this case.
16 Ineffectiveness of individual provisions
Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions.
Contractual amendments must be made in writing. This also applies to the amendment of the written form provision.
© 2023 DANIEL ZEISS – CLARITY MENTORING.