General Terms and Conditions of the PROUT AT WORK Foundation for seminars, workshops and conferences (last amended on 23 August 2018)
1.1 These General Terms and Conditions of the PROUT AT WORK foundation, Dantestr. 29, 80637 Munich, Germany (hereinafter referred to as “PROUT AT WORK”) apply, in the version valid at the time the contract is concluded, to all services provided by PROUT AT WORK within the scope of seminars, training programmes, workshops, courses, training units and conferences (hereinafter referred to as “Events”) for individuals and legal entities (hereinafter referred to as the “Client”).
1.2 The incorporation of a Client’s own terms and conditions is expressly precluded unless their validity has been explicitly consented to in writing.
2. Registration/conclusion of contract
PROUT AT WORK promotes its own Events in various media, such as its own Internet presence, brochures and flyers, or by individualised offers to its Clients. The following terms apply for Client registration:
2.1 Registration by fax, email or letter
Clients can register by fax, email or letter. By registering, Clients make a binding contract offer. However, no contract is concluded until PROUT AT WORK has confirmed the Client’s registration. PROUT AT WORK may reject a registration without giving any reason. Where an Event is restricted to a limited number of participants, PROUT AT WORK will consider the registrations in the order of their receipt. PROUT AT WORK will confirm or reject the Client’s registration within one week of receiving it.
If the Client registers by fax, email or letter, they will have the option to pay by invoice.
2.2 Online registration
When registering online, the Client accepts PROUT AT WORK’s offer to conclude a contract by clicking on the corresponding confirmation button in the respective order form. The Client’s acceptance of the offer is valid only if the Client has filled in all required fields of the order form. The Client will receive a confirmation email about the conclusion of a contract without delay after the contract has been concluded. Should the Client not receive such a confirmation email or not receive it in time, they must first contact XING Events.
Clients may use the means of payment that are offered by the ticketing service provider XING.
2.3 Special rates and promotional codes
Any special rates agreed with the Client apply only to future registrations by the Client that are not yet binding at the time the special rates are agreed.
Promotional codes apply only to the respective specified Event and must be stated by the Clients at the time of their registration. Any subsequent consideration of promotional codes is at PROUT AT WORK’s discretion.
3. Service type and scope
PROUT AT WORK offers open seminars, individual training and firm training programmes at its premises or at the premises agreed with the Clients. All Events are in German unless expressly agreed otherwise. PROUT AT WORK is authorised to use the services of third parties in performing the contract.
3.1 Open seminars
Open seminars are usually held at the venue specified from 9.00 am to 5.00 pm with a maximum of 16 participants unless agreed otherwise. Open seminars are held by one or more PROUT AT WORK trainers. The training units include adequate breaks. As a rule, meals and drinks are not included in the Event fees. PROUT AT WORK reserves the right to offer catering at Events for a separate fee.
Clients must make their own travel and, if necessary, accommodation arrangements and pay for these separately unless agreed otherwise with the Client with regard to the respective seminar.
3.2 Company seminars and individual training programmes
The details of company seminars and individual training programmes are agreed in individual contracts.
If an Event is held at the Client’s own premises or at premises leased by the Client, the Client ensures that the required and appropriate infrastructure is in place, in particular adequate seminar rooms and equipment, as well as technical support. At the Client’s request, PROUT AT WORK will provide the Client with a list of the necessary requirements in good time.
3.3 Other offers
Special conditions apply with regard to specific offers, such as booking a place on a CSD float or at dinner events.
4. Consumers’ right of withdrawal
If the Client is a consumer within the meaning of sec. 13 of the German Civil Code [Bürgerliches Gesetzbuch – BGB], i.e. an individual entering into a legal transaction for purposes not primarily attributable to either their commercial or self-employed professional activities, the Client has a statutory right of withdrawal according to sec. 312g BGB, which will be explained in the following.
Notice of the right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating any grounds.
The withdrawal period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must inform us (PrOut@Work-Foundation, Dantestr. 29, 80637 Munich, tel.: +49 89 9228 6199, fax: +49 89 9228 6198, email: firstname.lastname@example.org) by means of an unambiguous declaration (e.g. by letter sent by post, telefax or email) of your decision to withdraw from this contract. You may, but are not obliged to, use the enclosed sample withdrawal form for this purpose.
In order to observe the withdrawal period, it is sufficient that you send the notice of your exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of a withdrawal
If you withdraw from this contract, we must repay to you all payments which we have received from you, including delivery costs (with the exception of additional costs incurred by you because you chose a type of delivery other than the inexpensive standard delivery offered by us) without undue delay and at the latest within fourteen days of the day on which we received the notice of your withdrawal from this contract. For such repayment we will use the same means of payment which you used for the original transaction, unless explicitly agreed otherwise with you; you will not be charged any fees whatsoever for such repayment.
If you have requested that the services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already rendered up to the point in time at which you notify us of your exercise of the right of withdrawal with regard to this contract compared to the overall scope of the services provided for in the contract.
Expiry of the right of withdrawal for services
In the case of a contract for the rendering of services, the right of withdrawal also expires if PROUT AT WORK has rendered the service in full and did not begin performing the service until the Client had given its express consent to this and simultaneously confirmed that it was aware of the fact that it loses its right of withdrawal upon complete fulfilment of the contract by PROUT AT WORK.
If the Client is not a consumer or if the withdrawal period has already expired, the following provisions apply for cancellations:
5.1 Cancellations of registrations by fax, email or letter must be notified to PROUT AT WORK at a minimum in text form. In the case of online registration, the Clients must use the link in their order confirmation email in order to send a cancellation request.
5.2 Registrations for open seminars can be cancelled in writing free of charge up to eight days before the seminar begins. After this point, cancellation is no longer possible and 100% of the seminar price will be charged. PROUT AT WORK is prepared at all times to accept a substitute participant without charging any additional costs.
5.3 In the case of cancellation of an online registration, the Client must pay the ticketing fees of EUR 5. In exceptional cases, these fees may be paid by PROUT AT WORK.
5.4 Individual offers and company training sessions can be cancelled free of charge up to 30 days before the seminar begins. In the case of cancellations up to 14 days before the beginning of the first seminar, 50% of the order value will be charged. In the case of a cancellation after this point or in the event of non-attendance, 100% of the order value will be charged. The order value relates to all seminars on offer booked and confirmed by the Client which the Client cancels.
5.5 The Clients are entitled at all times to prove that PROUT AT WORK did not suffer any damage, or only minimal damage, as a result of the cancellation.
6. Cancellations or changes by PROUT AT WORK
6.1 PROUT AT WORK reserves the right to move events planned to take place at its own premises to other comparable premises in the same city or town, provided PROUT AT WORK has an objective reason for such a move and it does not become unduly difficult for the participants to reach the event as a result. PROUT AT WORK will inform the participants of the new event location in good time before the event begins.
6.2 In the event of the trainer not being able to attend, PROUT AT WORK can provide a suitable substitute trainer, provided this is possible and PROUT AT WORK does not incur any unreasonable additional costs as a result. If PROUT AT WORK does not provide any substitute trainer, the payment obligation no longer applies and PROUT AT WORK will reimburse the Clients without undue delay for any payments already received. If only part of an event is cancelled due to a trainer being unable to attend, the payment obligation will be reduced pro ratain proportion to that part of the event which did not take place. Any excess payments received will be reimbursed by PROUT AT WORK without undue delay.
6.3 PROUT AT WORKhas a right to withdraw in the event that it fails to reach the minimum number of participants communicated to the Clients before the contract was concluded. In the event of withdrawal, the payment obligation no longer applies and PROUT AT WORK will reimburse the Clients for any payments already received without undue delay.
6.4 If an event is not held pursuant to articles 6.2 or 6.3, PROUT AT WORK guarantees to inform the affected Clients without delay using the contact details provided by the latter (if several means of contact were provided, e.g. email address and postal address, one contact method will suffice). Claims that go beyond those set out in articles 6.2 or 6.3, such as the reimbursement of travel and accommodation costs or relating to absence from work, do not exist.
6.5 Serious events, including in particular force majeure, industrial action, riots, severe weather, wars or terrorist attacks, which result in unforeseeable consequences for the performance of service (“force majeure“) will exempt PROUT AT WORK from its performance obligations for the duration of the disturbance and in the scope of the effects thereof. PROUT AT WORK can offer an alternative date for events which could not be held, or were only partially held, as a result of force majeure. Any further-reaching claims against PROUT AT WORK do not exist in this case.
7. Consent to the creation and publication of images and sound recordings
7.1 At events of PROUT AT WORK, the latter’s own employees or third parties commissioned by PROUT AT WORK take photographs and make sound and/or video recordings (hereinafter referred to collectively as “recordings”) for the purposes of public relations and documentation of the work carried out by PROUT AT WORK.
7.2 The Clients of PROUT AT WORK consent to the recordings associated with the respective event being published and/or distributed for the purposes of PROUT AT WORK’s public relations efforts (online and offline), in particular in brochures and as part of digital presentations at trade fairs, exhibitions and networking events as well as on the homepage of PROUT AT WORK or its subpages. The Clients can withdraw their consent for future use of these recordings at any time by fax, email or letter to PROUT AT WORK. If the Client makes a booking on behalf of other participants, he or she must inform these participants in advance of these provisions.
8. Rights to training material
8.1 PROUT AT WORK grants the Client the non-exclusive, permanent, irrevocable and non-transferable right to use for its own internal information purposes the training material distributed within the scope of events, including any aids such as electronic presentation files and samples used. Any copying of this training material is expressly prohibited.
8.2 Deviations from these provisions governing use require an express individual contractual agreement.
9. Remuneration and payment terms
9.1 The prices stipulated for the events are – unless otherwise indicated – gross prices in euros, plus statutory German value-added tax. Packaging and shipping costs as well as travel costs (where applicable) will be charged separately.
9.2 The invoice is due immediately upon receipt without any discount, unless any other agreement has been reached. For the online registration, the different payment terms of the ticketing service provider XING apply.
9.3 A payment is deemed to have been received as soon as the corresponding amount has been credited to the account of PROUT AT WORK. If invoices are overdue, incoming payments will first be offset against any costs and interest before then being offset against the oldest receivable.
9.4 Only attending part of an event does not entitle the Client to a reduction in fees.
10. IT & Internet usage
10.1 During events held at the Client’s own premises or at premises made available by PROUT AT WORK, PROUT AT WORK can offer the participants Internet access via a LAN or WLAN connection as a voluntary benefit, without being obliged to do so. Where PROUT AT WORK enables Internet access, it does not guarantee constant functionality and/or specific data transfer rates for the connection.
10.2 Any Internet access provided may be used by the participants only for purposes relating to the event. In particular, it is prohibited to use the Internet access to
- retrieve and/or make publicly accessible contents which violate legal provisions concerning data protection, personality rights, copyright, or criminal law, or which are insulting, defamatory, anti-constitutional, racist, sexist or otherwise constitute a violation of law;
- spy out and/or use without permission the access authorisations (such as user IDs, passwords) and other authentication methods (such as chip cards, magnetic cards) of others;
Passing on and making available one’s own user IDs and other means of authentication for use by a third party is not permitted.
10.3 For the purpose of controlling misuse, PROUT AT WORK can store and process identification and connection data to the extent permitted under data protection law and, in particular, use such data for the enforcement and defence of its own rights.
10.4 Data storage devices brought by participants cannot be used on PROUT AT WORK computers. If PROUT AT WORK suffers damage as a result of a contravention of this rule, PROUT AT WORK reserves the right to assert claims for damages.
11. General warranties
11.1 The seminar contents and training material are created with due diligence in an appropriate and professional manner. The content and selection of the material is the responsibility of PROUT AT WORK. However, the achievement of a particular level of learning success is not owed. In the case of external trainers, PROUT AT WORK takes responsibility only for the careful selection of the trainers. The respective external trainer bears sole responsibility for the seminar contents and training material themselves in this case.
11.2 If the seminar contents and/or training material have significant deficiencies for which PROUT AT WORK bears responsibility, PROUT AT WORK can choose to either repeat the event at no extra cost for the Client within an appropriate period of time and provide improved training material, or offer the Client the option of paying a suitably reduced fee for the event. The prerequisite is a complaint from the Client, which must be made immediately after it becomes aware of any deficiencies.
12.1 PROUT AT WORK bears unlimited liability – irrespective of the legal reason – for damage caused by a wilful or grossly negligent breach of duty. In the event of simple negligence, PROUT AT WORK is only liable for
- damage arising from injury to life, limb or health as well as for damage arising from breaches of any guarantees or fraudulently concealed defects;
- damage arising from the breach of material contractual obligations, whereby material contractual obligations are obligations whose fulfilment is an essential prerequisite for proper performance of the contract and the observance of which the participants generally rely and may rely on. In this case, PROUT AT WORK’s liability will be limited to compensation for the foreseeable damage typically incurred.
12.2 The limitations of liability set out in article 12.1 also apply in the event of breaches of duty by or for the benefit of persons for whose culpability PROUT AT WORK bears responsibility according to statutory provisions.
13.1 Amendments or additions to these terms require the written form; the same applies to this written form requirement itself.
13.2 The laws of the Federal Republic of Germany apply to all legal relations between the parties, to the exclusion of laws on the international sale of moveable goods. This choice of governing law does not affect the protection of the consumer granted to him or her pursuant to the mandatory statutory provisions of the law of the country of his or her habitual place of abode.
13.3 If the Client is a businessman or businesswoman, a legal person under public law, or a separate estate created under public law [öffentlich-rechtliches Sondervermögen], the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of PROUT AT WORK. The same applies if the Client does not have any place of general jurisdiction in Germany or if its place of residence or habitual place of abode are not known at the time the complaint is filed. Otherwise, the place of jurisdiction is governed by the applicable statutory provisions.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete and return this form.)
–To PrOut@Work-Foundation, Dantestr. 29, 80637 Munich, fax: +49 89 9228 6198, email: email@example.com:
–I/we (*) hereby withdraw from the contract concluded by me/us (*) on the purchase of the following goods (*)/the rendering of the following service (*)
–Ordered on (*)/received on (*)
–Name of the consumer
–Address of the consumer
–Signature of the consumer (only for notices on paper)
(*) Strike out if inapplicable.