General Terms and Conditions & Customer Info

1 Scope, definitions

1.1 These General Terms and Conditions of Business (hereinafter referred to as “GTC”) of business factors Deutschland GmbH (hereinafter referred to as “Organizer”), apply to all contracts for participation in courses / seminars (hereinafter referred to as “Event”), which an entrepreneur (hereinafter referred to as “Participant”) concludes with the Organizer with regard to the events presented on the Website or in corresponding contractual documents of the Organizer. The inclusion of the Participant’s own conditions is hereby rejected, unless otherwise agreed.
1.2 An entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercising of his commercial or independent professional activity.
1.3 “Competence Partner” in the sense of these General Terms and Conditions are participants who act as organizers or moderators of paid events (lecture, workshop, masterclass, discussion groups, etc.) offered via the website of the Organizer.

2 Services of the Organizer

2.1 The Organizer offers both online and face-to-face events. The content of the event results from the respective service description on the website or from corresponding contractual documents of the Organizer.
2.2 In the case of online events, the Organizer provides his services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Organizer provides the Participant with suitable application software before the start of a video conference. For error-free participation in the online video conference, the Participant’s system must meet certain minimum requirements, which are communicated to the Participant on the Organizer’s website. The Participant is responsible for compliance with the system requirements. The Organizer is not liable for technical problems that are due to inadequate system requirements at the Participant.
2.3 In the case of face-to-face events, the Organizer provides his services exclusively in personal contact with the Participant and in premises selected by him for this purpose. Unless otherwise stated in the service description of the Organizer, the Participant has no claim to the selection of a specific room for the realisation of the desired event.
2.4 The Organizer provides his services by qualified personnel selected by him. In doing so, the Organizer may also make use of the services of third parties (subcontractors) who act on his behalf. Unless otherwise stated in the service description of the Organizer, the Participant has no right to select a specific person to carry out the desired event.
2.5 The Organizer provides his services with the greatest care and to the best of his knowledge and belief. However, the Organizer does not owe a certain success. In particular, the Organizer does not guarantee that the Participant will achieve a certain learning success or that the Participant will achieve a certain performance target. This depends not least on the personal commitment and will of the Participant, on which the Organizer has no influence.

3 Conclusion of contract

3.1 Registration via the website of the Organizer

3.1.1 The events described on the Organizer’s website do not represent binding offers on the part of the Organizer, but serve to provide a binding offer by the Participant.
3.1.2 The Participant can submit his offer via the online order form provided on the website of the Organizer. After entering his data in the form and completing the virtual order process, the Participant submits a legally binding offer to enter into a contract for the selected event by clicking the button that concludes the registration process.
3.1.3 The Organizer can accept the offer of the Participant within five days,

  • by sending the Participant a written registration confirmation or a registration confirmation in text form (fax or e-mail), whereby the receipt of the registration confirmation by the Participant is decisive, or
  • by requesting payment from the Participant after he has submitted his contractual declaration.

If there are several of the aforementioned alternatives, the contract is concluded at the point in time when one of the aforementioned alternatives occurs first. If the Organizer does not accept the Participant’s offer within the aforementioned period of time, this shall be deemed to be a rejection of the offer with the consequence that the Participant is no longer bound by his declaration of intent. The same applies in the event that the event selected by the Participant begins before the end of the acceptance period and the Organizer does not accept the Participant’s offer at least 24 hours before the start of the event, unless otherwise agreed between the parties.
3.1.4 The period for acceptance of the offer begins on the day following the dispatch of the offer by the Participant and ends at the end of the fifth day following the dispatch of the offer.
3.1.5 In case of a registration via the website of the Organizer, the text of the contract will be saved by the Organizer after the conclusion of the contract and sent to the Participant in text form (e.g. e-mail, fax or letter) after his order has been sent. The Organizer will not make the text of the contract accessible beyond this.
3.1.6 Before the binding submission of the offer via the Organizer’s online order form, the Participant can continuously correct his entries using the usual keyboard and mouse functions.
3.1.7 Only the German language is available for the conclusion of the contract.
3.2 Registration by means of individual communication
The Participant can send a non-binding request to the Organizer for participation in an event by telephone, fax, e-mail, letter or via the online contact form provided on the Organizer’s website. Upon request, the Organizer will send the Participant a binding offer by e-mail for participation in the event previously selected by the Participant. The Participant can accept this offer by submitting a declaration of acceptance to the Organizer by fax, e-mail, letter or by paying the participation fee offered by the Organizer within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the period. Notwithstanding this, the Participant may accept the offer of the Organizer up to 24 hours before the start of the event if the event begins before the aforementioned acceptance period has expired. For acceptance by payment, the date of receipt of payment by the Organizer is decisive. If the last day of the period for acceptance of the Offer falls on a Saturday, Sunday or a general holiday recognised by the state at the registered office of the Participant, the next working day shall take the place of such day. If the Participant does not accept the offer of the Organizer within the aforementioned period, the Organizer is no longer bound to his offer.
3.3 If the Participant registers further participants for an event, he/she undertakes to also be responsible for the contractual obligations of all participants registered by him/her, provided that he/she makes a corresponding declaration on registration.

4 Prices and terms of payment

4.1 The Organizer offers both free and paid events. For events with costs, the prices are shown as net prices, which are subject to statutory value added tax.
4.2 Costs for travel, accommodation and catering at face-to-face events are to be borne by the Participant, unless otherwise stated in the service description of the Organizer.
4.3 The Participant will be informed about the payment options on the website or in the offer of the Organizer.

5 Eligibility to participate, contract transfer, contract amendments

5.1 Only the person named in the registration confirmation is entitled to participate. A contract transfer to a third party is only possible with the consent of the organizer.
5.2 If a third party enters into the contract between the Participant and the Organizer, he and the Participant are jointly and severally liable to the organizer for the participation fee and any additional costs arising from the entry of the third party.
5.3 If the Participant demands changes after the conclusion of the contract, especially with regard to the scope and content of the event, the Organizer will make every reasonable effort to accommodate the Participant’s request for changes. Insofar as the request for change has a significant effect on the contractual basis, in particular the effort and/or the schedule of the Organizer, the Organizer is entitled to agree to a corresponding change to the contract only against an appropriate adjustment of the contractual conditions, in particular an increase in the remuneration and/or an adjustment of the performance deadlines. As far as and as long as a corresponding agreement has not been reached, the Organizer shall perform his services on the basis of the concluded contract and these terms and conditions.

6 Change or cancellation of the event

6.1 The Organizer reserves the right to change the time, place, moderator/speaker and/or content of the event, provided the change is reasonable for the Participant, taking into account the interests of the Organizer. Only insignificant changes in services which become necessary after conclusion of the contract and which were not caused by the Organizer against good faith are reasonable. The Organizer will inform the Participant in good time if there is a change in time, place, moderator/speaker and/or content of the event.
6.2 In the event of a significant change in performance, the Participant may withdraw from the contract free of charge or demand instead the participation in another event of at least equal value, if the Organizer is able to offer such an event from his offer without additional cost to the Participant.
6.3 The Participant must assert the rights in accordance with the above clause immediately after informing the Organizer of the change in services.
6.4 The Organizer is entitled to cancel the event at short notice for important economic or organisational reasons, such as force majeure, unrest, war and natural disasters or other events for which he is not responsible (e.g. strike, lockout, traffic disruption, illness of the moderator/speaker, official decrees at home or abroad, epidemic and pandemic) against full reimbursement of any participation fee already paid. In this case, the Participant will receive a voucher that entitles him/her to participate in any event from the Organizer’s offer until the end of the following calendar year. For organisational reasons, this voucher can only be claimed up to three months before the start of the event requested by the Participant and only on condition that the event is not already fully booked. In this case the Participant has no further claims.

7 Cancellations

7.1 For events with paid services, the Organizer grants the Participant the right to cancel the registration for an event of the Organizer according to the following conditions:
The Participant can cancel his registration for an event up to four weeks before the event begins in text form (e.g. e-mail, fax or letter) to the Organizer. In this case the Participant will receive a voucher from the Organizer for a comparable future event of the Organizer. This voucher is valid for one year from the date of issue. The date of receipt of the declaration by the Organizer is decisive for compliance with the cancellation deadline.
7.2 Notwithstanding the above clause, “Competence Partner” may cancel the registration for an event organised by the Organizer in accordance with the following conditions:
The Participant can cancel his registration for an event up to four weeks before the event begins in text form (e.g. e-mail, fax or letter) to the Organizer. In this case the Organizer retains a claim of 85% plus VAT of the participation fee. If the withdrawal is made within four weeks before the event, the Organizer receives the full service fee. Any discounts granted for multiple bookings shall not apply if individual items are cancelled.

8 Obligations of the Participant

The Participant is obliged to create the necessary conditions for the proper execution of the contract and in particular to provide all data and documents relevant to the services of the Organizer in a timely and complete manner and to provide the necessary information. The Participant is responsible for the correctness and completeness of the documents submitted by him/her and the information provided by him/her in writing or orally. The Organizer is only obliged to subject the data provided by the Participant or third parties to a plausibility check. Should the Participant, in particular the inside Partner or smart inside Partner at face-to-face events within the scope of his sponsorship activities (exhibition stand, lecture, round table or working group moderation, etc.) Want to make changes to the event rooms, written permission must be obtained from the Organizer. The costs for any necessary repair work shall be borne by the Participant. The work must be agreed with the Organizer in advance.

9 Mutual obligations of loyalty

The parties are mutually bound to loyalty. Each party shall immediately inform the other party of all events which occur during the term of the contract and which may influence its execution. Both parties are each prohibited from hiring or otherwise employing employees or former employees who are or were employed in the context of the Organizer’s activities before the expiry of a lock-up period of twelve months after the end of the contract. Furthermore, both parties undertake not to actively entice away the employees of the other party who are involved in the execution of the contract. If the Participant learns that an employee employed by the Organizer under the contract intends to terminate his or her employment, the Participant must inform the Organizer immediately.

10 Information material

10.1 The Organizer is the owner of all rights of use necessary for the realisation of the event. This also applies with regard to training documents that may be provided to the Participant in connection with the event.
10.2 The Participant may only use the contents of the event, including any training documents provided, to the extent required for the purpose of the contract on which both parties are based. In particular, the Participant is not entitled to record the event or parts thereof or to copy, distribute or make publicly available teaching documents without the separate permission of the Organizer.
10.3 In the case of online events, the Participant will be provided with information material accompanying the course (e.g. presentation documents) exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the Participant has no right to receive the information material in physical form.

11 Redemption of promotion vouchers

11.1 Vouchers which are issued free of charge by the Organizer within the scope of promotional campaigns with a certain period of validity and which cannot be purchased by the Participant (hereinafter referred to as “promotional vouchers”) can only be redeemed in the online shop of the Organizer and only within the specified period.
11.2 Individual events may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
11.3 Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.
11.4 Only one promotion voucher can be redeemed per order.
11.5 The event value must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the Organizer.
11.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Organizer can be chosen to settle the difference.
11.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
11.8 The promotion voucher will not be refunded if the Participant returns the event paid for in full or in part with the promotion voucher within the framework of the right of withdrawal.
11.9 The promotion voucher is transferable. The Organizer can make payments with discharging effect to the respective owner who redeems the promotion voucher in the online shop of the Organizer. This does not apply if the Organizer has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.

12 Liability

12.1 The Organizer is not liable for damages caused by force majeure, riots, war and natural phenomena or by other incidents for which he is not responsible (e.g. strike, lockout, traffic disruption, official decrees at home or abroad, epidemic and pandemic) or by technical failures (computer system, power supply) for which he is not responsible. Computer viruses or deliberate attacks on computer systems are also considered to be force majeure, provided that appropriate protective measures have been taken in each case.
12.2 In all other respects, the Organizer is liable to the Participant from all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
12.2.1 The Organizer is liable for any legal reason

  • in case of breach of contractual or non-contractual obligations
  • in the event of intent or gross negligence on the part of its legal representatives, its executive employees and its vicarious agents,
  • in the event of intentional or negligent injury to life, body or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this respect,
  • due to mandatory liability such as under the Product Liability Act.

12.2.2  If the Organizer negligently violates an essential contractual obligation, the liability is limited to the foreseeable damage typical of the contract for each individual case of damage in total to 30% of the total net fee volume. Essential contractual obligations are obligations which the contract imposes on the Organizer according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the participants may regularly rely.
12.2.3 Any further liability of the Organizer is excluded. it In particular for damages caused by force majeure, riots, war and natural events or by other incidents for which he is not responsible (e.g. strike, lockout, traffic disruption, official decrees at home or abroad) or by technical faults (EDP system, power supply) for which he is not responsible. Computer viruses or deliberate attacks on computer systems are also considered to be force majeure, provided that appropriate protective measures have been taken in each case.
12.2.4 The above liability regulations also apply with regard to the liability of the Organizer for his vicarious agents and legal representatives.

13 Applicable law, place of jurisdiction

13.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties.
13.2 If the Participant acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the registered office of the Organizer. If the Participant’s place of business is outside the territory of the Federal Republic of Germany, the Organizer’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the Organizer is in any case entitled to appeal to the court at the Participant’s place of business.