General Terms and Conditions of Business
Table of contents
1. scope of application, definitions
2. services of the organizer
3. conclusion of contract
4. right of withdrawal for consumers
5. prices and terms of payment
6. eligibility to participate, transfer of contract
7. falling below the minimum number of participants
8. change or cancellation of the event
9. teaching material
11. applicable law, place of jurisdiction
12. alternative dispute resolution
1) Scope, definitions
1.1 These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Walter Lübeck, trading under the name of “Reiki-Do Institut International Walter Lübeck” (hereinafter referred to as “Organizer”), apply to all contracts for participation in courses / seminars (hereinafter referred to as “Event”), which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Organizer with regard to the events presented on the website of the Organizer. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity.
2) Services of the organizer
2.1 The organizer offers both online and presence events. The content of the event is determined by the respective course description on the organizer’s website.
2.2 In the case of online events, the Organiser provides his services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Organiser shall provide the customer with suitable application software before the start of a video conference. For error-free participation in the online video conference, the customer’s system must meet certain minimum requirements, which are communicated to the customer on the Organizer’s website. The customer 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 customer’s site.
2.3 In the case of face-to-face events, the organizer provides his services exclusively in personal contact with the customer and in premises selected by him for this purpose. Unless otherwise stated in the organizer’s course description, the customer shall not be entitled to select a specific location for the realization of the desired event.
2.4 The Organizer shall provide his services by qualified personnel selected by him. The Organizer may also make use of the services of third parties (subcontractors) acting on his behalf. Unless otherwise stated in the Organizer’s course description, the customer 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 any particular success. In particular, the organizer does not guarantee that the customer will achieve a specific learning success or that the customer will achieve a specific performance goal. This depends not least on the personal commitment and will of the customer, on which the organizer has no influence.
3) Conclusion of contract
3.1 The events described on the website of the organizer do not represent binding offers on the part of the organizer, but serve to provide a binding offer by the customer.
3.2 The customer can submit his offer using the online registration form provided on the organizer’s website. After entering his data in the registration form, the customer submits a legally binding contractual offer for the selected event by clicking the button that concludes the registration process. Furthermore, the customer can also submit the offer to the organizer by telephone, fax, e-mail or post.
3.3 The organizer can accept the customer’s offer within five days,
– by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the customer is decisive, or
– by requesting payment from the customer after submission of his contractual declaration.
If there are several of the aforementioned alternatives, the contract shall come into effect at the time when one of the aforementioned alternatives occurs first. If the organizer does not accept the customer’s offer within the aforementioned period of time, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. The same applies in the event that the event selected by the customer begins before the end of the acceptance period and the organizer does not accept the customer’s offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.
3.4 The period for acceptance of the offer shall commence on the day following the dispatch of the offer by the customer and end at the end of the fifth day following the dispatch of the offer.
3.5 In the case of registration via the Organizer’s website, the text of the contract will be saved by the Organizer after conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Organizer will not make the text of the contract accessible beyond this.
3.6 Before the binding submission of the offer via the online registration form of the organizer, the customer can continuously correct his entries using the usual keyboard and mouse functions.
3.7 Only the German language is available for the conclusion of the contract.
3.8 If the customer registers further participants for an event, he undertakes to also be responsible for the contractual obligations of all participants registered by him, provided he makes a corresponding declaration when registering.
4) Right of revocation for consumers
A right of revocation for consumers does not exist in accordance with § 312g Abs. 2 Nr. 9 BGB for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period of time for the provision.
5) Prices and terms of payment
5.1 Unless otherwise stated in the Organizer’s offer, the prices quoted are total prices which include statutory value added tax.
5.2 Costs for travel, accommodation and meals at face-to-face events are not included in the price and are to be borne by the customer, unless otherwise stated in the course description of the organizer.
5.3 Various payment options are available to the customer, which are indicated on the website of the organizer.
5.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
6) Right to participate, transfer of contract
6.1 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.
6.2 If a third party enters into the contract between the customer and the organizer, the customer and the customer shall be jointly and severally liable to the organizer for the participation fee and any additional costs arising from the entry of the third party.
7) Falling below the minimum number of participants
7.1 The organizer can determine a minimum number of participants for his courses. When determining a minimum number of participants, the organizer shall expressly refer to this in the course description.
7.2 If the minimum number of participants is not reached, the organizer can withdraw from the contract by declaration to the customer at least seven days before the start of the course. The organizer shall send the customer his declaration of withdrawal immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course.
7.3 If the organizer makes use of his right of withdrawal according to the above clause, the customer can demand 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 for the customer. The customer must assert his demand immediately after receipt of the organizer’s declaration.
7.4 If the customer does not make use of his right according to the above clause, the organizer will immediately refund to the customer any participation fee already paid.
8) Change or cancellation of the event
8.1 The organizer reserves the right to change the time, place, course instructor and/or content of the event, provided that the change is reasonable for the customer taking into account the interests of the organizer. Only insignificant changes to services which become necessary after conclusion of the contract and which were not brought about by the organizer against good faith are reasonable. The organizer will inform the customer in time in case of a change of time, place, instructor and/or content of the event.
8.2 In the event of a significant change in services, the customer 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 customer.
8.3 The customer must assert the rights according to the above clause immediately after informing the organizer about the change in services.
8.4 The organizer is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fees already paid. The organizer will try to find an alternative date if the event is cancelled.
9) Teaching material
9.1 The organizer is the owner of all rights of use required for the performance of the event. This shall also apply with regard to training documents which may be provided to the customer in connection with the event.
9.2 The customer may only use the contents of the event, including any training documents provided, to the extent required for the contractual purpose on which both parties are based. In particular, the customer shall not be entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible any teaching documents without the separate permission of the organizer.
9.3 In the case of online events, the Customer shall be provided with course-related teaching material (e.g. training documents) exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer has no right to receive the teaching material in physical form.
The organizer is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The organizer is liable without limitation for any legal reason
– in case of intent or gross negligence,
– in case of intentional or negligent injury to life, body or health,
– on the basis of a guarantee promise, unless otherwise regulated in this regard,
– due to mandatory liability such as under the Product Liability Act.
10.2 If the Organizer negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is provided for in the above clause. Material 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 fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
10.3 Any further liability of the organizer is excluded.
10.4 The above liability provisions shall also apply with regard to the liability of the Organizer for his vicarious agents and legal representatives.
11) Applicable law, place of jurisdiction
11.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties.
11.2 If the customer 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 exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Organizer. If the customer has his registered office outside the territory of the Federal Republic of Germany, the Organiser’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the organizer shall in any case be entitled to appeal to the court at the customer’s place of business.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The Organizer is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.