General terms and conditions for individual coaching and public courses
1. Parties to the agreement
The parties to the agreement are Improved Reading GmbH & Co.KG (hereinafter referred to as “IR”), Burgstr. 81, 65817 Eppstein (Eppstein commercial register, HRA 3524) and the participant.
2. Object of the agreement
The object of the agreement is specified in these general terms and conditions (abbreviated to “GTCs”), the registration form and the description of services in each case. The GTCs shall apply to all courses from 1 December 2014 onwards.
3. Registration/conclusion of the agreement
3.1 Course registrations must be submitted to IR in writing or via our online booking system, stating the desired course date and location, as well as the participant’s billing address, e mail address and telephone number.
3.2 The agreement on participation in the course is concluded on receipt of confirmation of registration, and at the latest on receipt of the invoice issued by IR. IR will inform applicants if there is no suitable course available for their registration.
4. Terms of payment
4.1 Unless agreed otherwise, the course fee is due in full 10 days before the start of the course. Different terms of payment may be agreed by way of derogation from this provision. Payment must be made on time and independent of any third party subsidies (e.g. the employment office).
4.2 Unless explicitly agreed otherwise, payment shall be made by bank transfer to the account specified by IR on the invoice.
5. Cancellation before start of course
5.1 The participant may cancel his/her registration in writing up to ten calendar days before the start of the course. The date on which IR receives the cancellation is authoritative.
5.2 There is no charge for cancellations made up to four weeks before the start of the course. After that, an administrative fee of €40.00 is charged per participant and course.
5.3 IR will reimburse any fees already paid to the participant in the case of cancellation, less the fee under section 5.2 if applicable.
6. Non-participation in a course
6.1 The participant is entitled to nominate a substitute participant if he/she is prevented from attending the course. This applies in particular if cancellation of the registration is subject to the restrictions set out in section 5.1.
6.2 The participant shall not have any entitlement to (partial) reimbursement of the course fee paid in the case of non-participation in individual course units or the course as a whole.
7. Cancellation and postponement of courses
IR reserves the right to cancel or postpone courses to another date, in particular in the event of insufficient registrations. In this case, any fees already paid will be refunded or – with the participant’s agreement – retained for a new course date.
8. Change of instructor/change to schedule
The participant cannot demand that the course be conducted by a particular instructor. IR reserves the right to replace the advertised instructor or change the advertised schedule, insofar as there is good reason for doing so and this will not have a significant impact on the course.
9.1 Claims for damages by the participant shall be excluded. This does not include claims for damages due to injury to life, limb or health, or due to the breach of material contractual obligations (cardinal obligations), as well as liability for any other damages caused by a wilful or grossly negligent breach of duty by IR, its legal representatives or vicarious agents. Material contractual obligations are those that must be met in order to fulfil the agreement.
9.2 In the event of the breach of material contractual obligations, IR shall be liable for foreseeable damages which are typical for this type of agreement if they are caused intentionally or by negligence, unless the customer’s claims for damages relate to injury to life, limb or health.
9.3 The restrictions set out in paragraphs 1 and 2 also apply to IR’s legal representatives or vicarious agents if claims are asserted directly against them.
10. Data protection
10.1 IR shall collect, process and use the participant’s personal data for the purpose of the contractual relationship, as well as in other cases insofar as this is required or permitted by statutory provisions on the collection, processing or use of personal data, or insofar as the customer consents to this. IR may process and use the participant’s personal data to advertise its own services as well as for market research purposes, insofar as the participant has not objected to this or, in the case of telemarketing, has consented to his/her personal data being used in this way.
10.2 IR shall be entitled to pass on the participant’s personal data to third parties insofar as this is necessary for the purposes of debt transfer and collection. The transfer of additional personal data of the participant as permitted by law for the purpose of debt collection shall remain unaffected. Written notification will be provided to the participant if a debt collection agency is engaged.
11. General provisions
11.1 Correspondence with the participant relating to the agreement shall, at IR’s discretion, either be posted to the address provided by the participant or sent by e-mail.
11.2 No verbal collateral agreements exist.
11.3 Should any provision of this agreement, these GTCs and/or description of services be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
11.4 The place of jurisdiction for disputes arising from this agreement is Frankfurt am Main, insofar at the participant is a business customer and the agreement forms part of his/her commercial activities or the participant does not have any general place of jurisdiction in Germany and if no exclusive place of jurisdiction has been specified. However, IR shall be entitled to bring legal action against the participant at any other statutory place of jurisdiction. The statutory places of jurisdiction shall apply for non-business customers.
11.5 The contractual relationship between the parties shall be subject to the laws of the Federal Republic of Germany.