General Terms and Conditions (GTC)
General Terms and Conditions (GTC) of IBB AG
Article 1. Scope and Definitions
(1) For contracts for the purpose of advanced training with IBB AG, the following terms and conditions apply.
(2) The term 'advanced training' is understood to mean in particular seminars, courses, modules, retraining courses, corporate training, lessons and qualifications in the real and virtual space.
(3) These GTCs apply exclusively. Any GTCs of our party to the contract that deviate from, oppose or supplement ours will be a component of the contract only and insofar as their validity has been expressly agreed on in writing by IBB AG. In any case, this approval requirement applies, for example, even when the advanced training is provided with the knowledge of the GTCs of the contractual partner of IBB AG.
Article 2. Conclusion of Contract
Registration for participation in advanced education events must be in writing. Each registration will be confirmed in writing and will only then become binding.
Article 3. Cancellation and Termination
(1) Regardless of the exercising of a statutory right of withdrawal, the party to the contract has the right to withdraw from the contract, free of charge, within 14 days after signing the contract, at the latest until the start of the advanced training course.
(2) Apart from that, the contract can be terminated with a period of notice of six weeks, at the earliest at the end of the third month after the beginning of the course and then at the end of each respective three-month period. If it is a matter of advanced training in periods shorter than three months, termination at the end of each period is possible.
(3) Periods of notice that differ from the afore-mentioned periods for a particular reason must be agreed upon in writing.
(4) The right of IBB AG and the contractual partner of IBB AG to terminate the contract for good cause hereby remain unaffected.
(5) Cancellations and terminations must be sent in writing to the administrative office of IBB AG where the contractual partner of IBB AG is registered. Other administrative office of IBB AG are not authorised to accept cancellations and/or terminations.
(6) The non-utilisation of individual lessons by the participant, a change of teacher or postponements in the schedule does not entitle the participant to withdraw from the contract or to be given a reduction in the fee.
Article 4. Cancellation of the Advanced Training
(1) IBB AG reserves the right to cancel the announced training sessions on the ground of an insufficient number of participants or due to another reason for which it is not responsible. As soon as there is cause for the training event to be cancelled, participants will be informed of this by telephone or in writing. In this case, any course fees already paid will be refunded.
(2) With fewer than 15 participants, IBB AG can issue an extraordinary termination with a period of notice of one week; this termination option shall also apply if the number of participants is lower than 15 at the start of advanced training.
Article 5. Services Provided by IBB AG
(1) IBB AG undertakes:
1. to ensure that all the skills and knowledge necessary to achieve the training objective are taught in a manner that is appropriate to adults.
2. only to appoint such persons to carry out the qualification who are qualified to do so by way of their education and experience;
3. to furnish the participants with all the learning aids and tools necessary to carry out the advanced training and to take examinations and which will be paid for by the cost bearer;
4. to give the participants, for the main, only those activities and tasks that serve the educational purpose;
5. to grant the participants the time required to participate in examinations and measures;
6. to provide participants taking part in the advanced training at a location of IBB AG the necessary training to user the hardware and software for the duration of the advanced training.
(2) Advanced training courses that follow the regulated examination regulations of the competent institutions shall be governed by the provisions of the examination regulations and, if applicable, the training schedule.
(3) Unless otherwise agreed, the necessary access to the virtual classroom for the period of the advance training will be provided for advanced training courses in the virtual spaces of IBB AG and is included in the advanced training fees.
Article 6. Duties of the Participant
(1) The participant is required to:
1. endeavour to acquire the necessary skills and knowledge;
2. actively work together with other people, especially teachers, and to follow the necessary instructions;
3. to inform IBB AG of any non-attendance of the advanced training course, preferably on the first day of the course;
4. not make it possible for third parties not registered for the training course to gain access to the training room for the purpose of active participation. This is also applies to access to virtual spaces. Participation in the advanced training course is reserved exclusively for the participant indicated in the contract. The substitution of the participant by another person or any transfer of the rights and obligations of the participant is not permitted.
(2) Participants taking part in the advanced training course at a location of IBB AG undertake to respect the valid house rules.
(3) Participants taking part in the advanced training course at a location not belonging to IBB AG bear the responsibility for the functioning of the technical conditions (e.g. PC, Internet connection). IBB AG will pass on recommendations for these conditions in good time prior to the start of the event.
(4) For corporate training courses on the premises of the contractual partner of IBB AG, the contractual partner of IBB AG will make available the necessary hardware and software for the period of training, unless otherwise agreed.
(5) The contractual partner of IBB AG bears sole responsibility for the functioning of the technical conditions (e.g. PC, Internet connection). IBB AG will pass on recommendations for these conditions in good time prior to the start of the event.
(6) As long as the fee for the advanced training course is paid to IBB AG directly by a third cost carrier, the participant is not entitled to have the fee paid out to him- or herself. Should the participant receive the event fees - for whatever reason - directly from a third cost bearer, he/she is obliged to forward the amount received immediately to IBB AG. The contract remains valid even if the start of the advanced training course is postponed.
Article 7. Certificate of Attendance or Certificate
In the case of the successful completion of the training course, IBB AG will issue the participant with a certificate, in all other cases with a certificate of attendance.
Article 8. Advanced Training Documentation
The documents that are for personal use only will become the personal property of the participant after the training course has finished. The regulations on copyright must still be observed. Learning aids and resources which may also be required as part of the training course have to be paid separately on account. IBB AG will inform the participant of the costs in good time.
Article 9. Copyright
No part of the training materials may be modified, copied, distributed or used for public performance in any form (photocopy, microfilm or any other method), especially using electronic systems, also not for the purpose of a course of your own design, without the written permission of IBB AG or the respective manufacturer. The software provided during the training course may not be removed or copied, nor may it be modified or deleted, in whole or in part. In the event of a violation, IBB AG reserves the right to claim damages.
Article 10. Data Protection
IBB AG collects, processes and uses the personal data of participants without further explicit consent only if they are required for contractual reasons, contract management and invoicing. This notice is in accordance with the provisions of the Federal Data Protection Act. Each participant may request information about the personal data stored at any time.
Article 11. Liability
(1) IBB AG shall be liable for damage to life, body and health caused by a culpable breach of its legal representatives or vicarious agents in accordance with the statutory provisions. Furthermore, according to the statutory provisions, it shall be liable for other damages caused by intentional or grossly negligent breach of its legal representatives or vicarious agents.
(2) If damage is caused because of the simple negligent infringement of a material contractual obligation, i.e. the simple negligent breach of a duty, the fulfilment of which enables the proper execution of the contract and on whose compliance the participant may regularly trust, then the liability of IBB AG is limited to the damages that are typical for the contract and foreseeable at the time the contract was concluded. This applies in particular to any advice given or in the event that the advanced training is not performed or the starting date has to be changed after contract conclusion for organizational reasons e.g. due to the instructor being ill, too few participants, as well as for other reasons for which IBB AG is not to blame or force majeure. In such an event, IBB AG cannot be obliged to compensate for travel and hotel costs or lost working time.
(3) IBB AG has compiled all of the information provided in publications and websites to the best of its knowledge. The liability for the timeliness, accuracy and completeness of the information provided is, therefore, limited to intent and gross negligence.
(4) In the event that the advanced training measure does not take place, IBB AG will set an alternative date. The participant is free to accept this date or to withdraw from the contract.
Article 12. Offsetting
The contractual partner is only entitled to set-off against a claim of IBB AG if the claims of the contractual partner have been legally established, they have been recognized by the IBB AG or are undisputed.
Article 13. Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies to these GTCs and to all legal relationships between the IBB AG and the contractor under the exclusion of International Uniform Law.
(2) The national and international court of jurisdiction for all disputes arising out of or in connection with a contract with IBB AG is Buxtehude (Germany) insofar as the contractual partner is a merchant, a legal entity under public law or special fund under public law.
Article 14. Written Form
Contractual changes, additions and cancellations, as well as other ancillary agreements, must be in writing for them to be valid. This also applies to changes to this stipulation requiring the written form. The afore-mentioned stipulation requiring the written form does not apply to oral agreements made directly between the parties after conclusion of this agreement.
Article 15. Final Provision
Should any provision be or become invalid, this will have no bearing on the validity of the remaining provisions. The invalid provision shall be replaced with a legally permitted provision that comes as close as possible to the provision intended. This also applies in the event of an unintentional omission.