§ 1 Scope
(1) These General Terms and Conditions (hereinafter “GTC”) of PRO-EL GmbH, Im Langel 6, 59872 Meschede, (hereinafter “Organizer”) apply to all training courses offered by the Organizer.
(2) Subject to individual agreements, which take precedence over these GTC, the following GTC exclusively apply to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions is hereby rejected.
§ 2 Conclusion of Contract
(1) The contract is concluded in the event of a contract between the customer and
PRO-EL GmbH
Im Langel 6
59872 Meschede
VAT ID No. DE 302472978
Tax No. 334/5073/1901
Local Court Arnsberg HRB 11365
(2) Training offers must be booked in writing, by fax, by e-mail, or via the Organizer’s website. A binding contract is only established upon written confirmation of the registration by the Organizer.
(3) Since the number of participants is limited, registrations will be considered in the order they are received.
§ 3 Participation Fees
(1) The prices valid at the time of registration, according to the price lists, apply. All prices are quoted in euros plus statutory VAT.
(2) The participation fee is due on the payment date stated in the invoice. As a rule, the invoice specifies a due date of 7 days after receipt of the invoice.
(3) Unless otherwise agreed in the offer or service description, the price of training includes seminar materials, use of technical facilities provided for the training, catering during the training, and a certificate of participation.
(4) Partial participation in a training course does not entitle the participant to a reduction of the participation fee.
§ 4 Withdrawal
(1) Withdrawal must be made in writing. The timeliness of the withdrawal depends on the receipt of the declaration by the recipient.
(2) Cancellation of registration for a training course free of charge is only possible up to 4 weeks before the first training day. From 4 weeks up to 14 days before the first training day, 30% of the participation fee plus VAT will be charged. From 2 weeks before the start of the event or in case of non-attendance, even for important reasons, the full price will be charged.
(3) Rebookings to another date or another event are treated as cancellations and are subject to the corresponding costs and deadlines.
§ 5 Cancellation
(1) The Organizer reserves the right to cancel or postpone events for organizational and technical reasons (e.g., failure to reach the minimum number of participants, short-term absence of a lecturer, force majeure).
(2) In the event of cancellation by the Organizer, the parties will, if possible, agree on another date and/or venue. If an agreement is not possible, fees already paid for booked services will be refunded. Claims for reimbursement of travel and accommodation costs as well as costs incurred due to work absences are excluded, unless such costs are caused by gross negligence on the part of the Organizer.
§ 6 Right to Changes
(1) If necessary (e.g., illness), the Organizer is entitled to replace designated lecturers with other persons of equivalent qualification on the subject and reserves the right to make necessary organizational, content-related, and methodological changes.
§ 7 Copyright
(1) The training materials provided by the Organizer are protected by copyright and may not be reproduced, processed using electronic systems, duplicated, distributed, translated, publicly presented, or passed on to third parties, even in extracts, without written consent, not even for the customer’s own teaching purposes.
§ 8 Liability
(1) The Organizer shall be liable, on any legal grounds, without limitation for intent and gross negligence, unless otherwise specified below.
(2) The Organizer shall be liable for damages resulting from injury to life, body, or health caused by negligent or intentional breaches of duty on its part, as well as in cases of mandatory liability, such as under the Product Liability Act.
(3) In cases of slight negligence, the Organizer is only liable for the breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the customer regularly relies (cardinal obligations). In such cases, liability is limited to foreseeable damages typical for the contract at the time of conclusion.
(3) The Organizer is not liable for data recovery unless it has caused the data loss intentionally or through gross negligence and the customer has ensured that a backup exists so that the data can be restored with reasonable effort.
(4) The above liability provisions also apply with regard to the Organizer’s liability for its vicarious agents and legal representatives.
§ 9 Data Protection Notice
Regarding all data relating to business relationships with the customer, the data protection provisions available on the PRO-EL GmbH website at https://www.pro-el.de/datenschutz apply.
§ 10 Place of Jurisdiction, Final Provisions
(1) The business relationship is subject exclusively to the law of the Federal Republic of Germany. In business transactions with consumers within the European Union, the law at the consumer’s place of residence may also apply, provided that it is mandatory consumer law.
(2) In business transactions with merchants and legal entities under public law, Meschede is agreed as the place of jurisdiction for all disputes arising from the business relationship. This also applies if the customer has no general place of jurisdiction in Germany or the EU, or if the customer’s place of residence or usual place of stay is unknown at the time of the lawsuit.
(3) If individual provisions of these General Terms and Conditions are invalid, the remaining provisions shall remain effective.
§ 11 Dispute Resolution
We also refer you to the possibility of dispute resolution through the EU Commission’s Online Dispute Resolution platform: www.ec.europa.eu/consumers/odr. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.