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General Terms and Conditions for the Booking and Organization of Events for Businesses
1. Subject matter and Scope of application
1.1 The following General Terms and Conditions (hereinafter referred to as "Terms and Conditions of Participation") apply to all contracts between the participant as a consumer (Section 13 BGB) in seminars, courses and conferences both as face-to-face Events and virtually (hereinafter referred to as "Event") and Horváth & Partner GmbH, represented by the board members Mr. Helmut Ahr and Mr. Altfrid Neugebauer, Mr. Stefan Hiendlmeier and Mr. Axel Borcherding, business address Rotebühlstraße 100 70178 Stuttgart, entered in the Commercial Register of the Stuttgart Local Court under HRB 9879 (hereinafter "Horváth"). No liability will be undertaken for economic success or the lack of it.
1.2 All mutual claims arising from and in connection with the conclusion of a contract between Horváth and a participant shall be based exclusively on the following Terms and Conditions of Participation in the version valid at the time of conclusion of the contract. The latest version of the currently valid Terms and Conditions of Participation can be accessed at any time at https://www.horvath-partners.com/en/konferenzen-und-training/konferenzen/general-terms-and-conditions.
1.3 Terms and conditions that deviate from or supplement these Terms and Conditions of Participation shall only apply if their application has been expressly agreed upon in writing. The confirmation of participation of the participant in an Event by Horváth with knowledge of any general terms and conditions of the participant cannot be regarded as an agreement. This also applies if Horváth has not expressly objected to the validity of the participnat's GTC.
2. Conclusion of contract and contract term
2.1 The presentation of the Event in the Event database does not constitute a legally binding offer, and is subject to change. The presentation of the Event in the database constitutes an invitation to the participant to submit a legally binding offer within the meaning of Section 145 BGB (German Civil Code) by registering (invitatio ad offerendum). You can register online, by e-mail, in writing or by fax. When registering online, a binding registration for the Event shown is declared by clicking on the "Register for a fee" button. By clicking on or by ticking the box, the validity of these conditions of participation is expressly accepted. Registrations will be considered in the order in which they are received. If a registration cannot be considered by the organizer, this will be communicated immediately.
2.2 Confirmation of receipt of the online registration is sent by automated e-mail immediately after the registration has been sent. This automated e-mail does not constitute acceptance of the contract within the meaning of Section 147 sentence 2 BGB. The contract is concluded upon receipt by the participant of the organizer's confirmation of participation. Confirmation of participation will be sent in writing, by e-mail or fax to the participant address provided.
2.3 The term of the contract begins with the first day of the Event and ends on the last day of the Event.
3. Prices and terms of payment
3.1 All prices are quoted in euros (€). The participation fee is per person and Event date plus statutory value added tax (VAT). In the case of on-site Events, the participation fee includes the conference documents released for use by the participant outside the Event, lunch and drinks during breaks; for virtual Events, only the conference documents released for use by the participant outside the Event are included in the participation fee.
3.2 The participation fee is due upon receipt of the invoice. Payment shall be made by bank transfer at the customer's discretion. Horváth reserves the right to exclude certain payment methods in individual cases.
4. Delay
If the Participant is in default of the payment, Horváth shall be entitled to demand default interest at the statutory rate (Section 247 (1), Section 288 (1) BGB). If Horváth proves higher damages caused by default, these may be claimed. In the same way, the participant shall be entitled to prove that no damage was incurred at all or that the damage was significantly lower than that claimed by Horváth.
5. Cancellation by the participant
5.1 In the event of cancellation up to four weeks before the date of the Event, an administrative fee of EUR 200.00 plus VAT will be charged. In the event of later cancellation or non-participation, the participation fee will not be refunded, unless the participant's place in the Event can be replaced by another participant. However, the participant is in any case entitled to prove that no damage at all has been incurred as a result of canceling the Event or that the damage is significantly lower than the cancellation fee retained by Horváth.
5.2 The registration can be transferred once free of charge to another participant. In this case, no cancellation fees shall be due.
6. Cancellation and modification of Events by Horváth
6.1 The Event may be canceled by Horváth for good cause, in particular if the number of participants does not cover the costs or if the speaker is unavailable at short notice without the possibility of deploying a substitute speaker or if suitable event premises are unavailable at short notice without suitable and available alternative options. The participant will be informed immediately and any fees already paid will be refunded in full. Any further claims are excluded subject to clause 8.
6.2 Horváth also reserves the right to replace announced speakers with others. Horváth is also entitled to make necessary changes to the Event program, such as postponing the schedule, if the speaker falls ill or is unable to hold the Event for other reasons, or if the location of the Event is not accessible in the case of face-to-face Events. All changes must be reasonable for the participant and will be communicated by Horváth without delay. Cancellation due to an insufficient number of participants will be made no later than 2 weeks before the Event.
6.3 In cases of force majeure, such as natural disasters (e.g. floods), fires, strikes, lawful lockouts and epidemics (including epidemics and pandemics) which are the subject of official warnings and measures, the contracting party affected by this shall be released from its obligation to perform for the duration and to the extent of its obligation to perform.
6.4 Horváth undertakes, in the event of any disruptions to performance, in particular those pursuant to clauses 6.1 to 6.3 of these Terms and Conditions of Participation, to take all reasonable steps to help remedy or limit the disruption. Such measures include in particular, if reasonable for the parties, holding an event via the Internet as a digital (remote) format.
6.5 In cases pursuant to clauses 6.1 and 6.3 of these Terms and Conditions of Participation, Event fees already paid by the participant will be refunded. A claim for reimbursement of travel and accommodation costs and loss of working hours is excluded, unless such costs are incurred due to gross negligence or willful misconduct on the part of Horváth.
7. Termination
7.1 Ordinary termination of the contract after the start of the Event is not possible. The right to terminate the contract for good cause remains unaffected.
7.2 The parties may terminate the contract for good cause. Good cause shall be deemed to exist in particular, if the participant persistently disrupts the Event or fails to pay on time following a reminder. In the event of extraordinary termination, there is no entitlement to reimbursement of fees already paid.
8. Liability
8.1 The Events are carefully prepared and conducted by qualified speakers. Horváth assumes no liability for the topicality, correctness and completeness of the conference documents and the content of the Event.
8.2 Horváth shall only be liable for damages resulting from an intentional or grossly negligent breach of duty by the organizer, its legal representatives or vicarious agents. This does not affect liability for injury to life, limb and health, for the breach of essential contractual obligations (cardinal obligations) and under the Product Liability Act. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract and on whose compliance the contractual partner relies on and may regularly rely. In the event of a negligent breach of material contractual obligations, Horváth's liability shall be limited to the typically foreseeable damage.
9. Copyrights
All conference documents, presentations, illustrations, video recordings and computer software used at our Events are protected by copyright. Participants are granted a simple, non-transferable right to use the conference documents for personal use. In particular, participants and third parties are not permitted to change the content or editing of the conference documents –, including excerpts –, or to use modified versions, copy them for third parties, make them publicly accessible or forward them, to post them on the Internet or other networks for a fee or free of charge, to imitate them, resell them, market them or use them for commercial purposes. Any copyright notices, marks or trademarks may not be removed.
10. Data protection
10.1 The data of the participant and/or the contractual partner or their representative will be stored electronically and processed automatically by the organizer exclusively for the purpose of holding the Event, unless the person concerned has expressly consented to other specific use and/or application of the personal data. The data will not be passed on to unauthorized third parties. The confirmation of participation can also be sent by unencrypted e-mail. It cannot be ruled out that this data may be read by third parties.
10.2 Horváth shall process personal data exclusively within the framework of the applicable statutory provisions.
10.3 With regard to data processing, please refer to the separate information on data processing. These are available at https://www.horvath-partners.com/en/data-protection.
11. Miscellaneous
11.1 Agreements concluded on the basis of these Terms and Conditions of Participation shall be governed exclusively by German law, insofar and to the extent that this is compatible with national and European law. The applicability of the provisions of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.2 The Participant may only set off claims that are undisputed, legally established or recognized by Horváth in writing.
11.3 The exclusive place of jurisdiction in case of disputes arising under or in connection with this Agreement shall be Stuttgart, Germany.
11.4 The participant is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
11.5 Legally relevant declarations which the participant wishes to make or has to make to Horváth must always be made in writing in order to be valid, unless otherwise agreed between the parties in individual cases.
11.6 Should any provision of this contract be or become invalid, unenforceable and/or void in whole or in part, the Parties agree that the remaining provisions of the respective contract shall remain unaffected and valid. In such case, the Parties agree to replace the invalid, unenforceable and/or void provision with a valid and enforceable provision which comes as close as possible to the meaning and purpose of the invalid, unenforceable and/or void provision and which the Parties would have agreed to at the time of the conclusion of this contract if they had known or foreseen the invalidity, unenforceability or void status. The same applies accordingly if this contract should contain regulatory gaps undetected by the Parties at the time of the conclusion of the contract.
© Horváth & Partner GmbH 2020
Öffnen
Schließen
General Terms and Conditions for the Booking and Organization of Events for Consumers
1. Subject matter and Scope of application
1.1 The following General Terms and Conditions (hereinafter referred to as "Terms and Conditions of Participation") apply to all contracts between the participant as a consumer (Section 13 BGB) in seminars, courses and conferences both as face-to-face Events and virtually (hereinafter referred to as "Event") and Horváth & Partner GmbH, represented by the board members Mr. Helmut Ahr and Mr. Altfrid Neugebauer, Mr. Stefan Hiendlmeier and Mr. Axel Borcherding, business address Rotebühlstraße 100 70178 Stuttgart, entered in the Commercial Register of the Stuttgart Local Court under HRB 9879 (hereinafter "Horváth"). No liability will be undertaken for economic success or the lack of it.
1.2 All mutual claims arising from and in connection with the conclusion of a contract between Horváth and a participant shall be based exclusively on the following Terms and Conditions of Participation in the version valid at the time of conclusion of the contract. The latest version of the currently valid Terms and Conditions of Participation can be accessed at any time at https://www.horvath-partners.com/en/konferenzen-und-training/konferenzen/general-terms-and-conditions.
1.3 Terms and conditions that deviate from or supplement these Terms and Conditions of Participation shall only apply if their application has been expressly agreed upon in writing. The confirmation of participation of the participant in an Event by Horváth with knowledge of any general terms and conditions of the participant cannot be regarded as an agreement. This also applies if Horváth has not expressly objected to the validity of the participnat's GTC.
2. Conclusion of contract and contract term
2.1 The presentation of the Event in the Event database does not constitute a legally binding offer, and is subject to change. The presentation of the Event in the database constitutes an invitation to the participant to submit a legally binding offer within the meaning of Section 145 BGB (German Civil Code) by registering (invitatio ad offerendum). You can register online, by e-mail, in writing or by fax. When registering online, a binding registration for the Event shown is declared by clicking on the "Register for a fee" button. By clicking on or by ticking the box, the validity of these conditions of participation is expressly accepted. Registrations will be considered in the order in which they are received. If a registration cannot be considered by the organizer, this will be communicated immediately.
2.2 Confirmation of receipt of the online registration is sent by automated e-mail immediately after the registration has been sent. This automated e-mail does not constitute acceptance of the contract within the meaning of Section 147 sentence 2 BGB. The contract is concluded upon receipt by the participant of the organizer's confirmation of participation. Confirmation of participation will be sent in writing, by e-mail or fax to the participant address provided.
2.3 The term of the contract begins with the registration and ends on the last day of the Event.
3. Prices and terms of payment
3.1 All prices are quoted in euros (€). The participation fee is per person and Event date plus statutory value added tax (VAT). In the case of on-site Events, the participation fee includes the conference documents released for use by the participant outside the Event, lunch and drinks during breaks; for virtual Events, only the conference documents released for use by the participant outside the Event are included in the participation fee.
3.2 The participation fee is due upon receipt of the invoice. Payment shall be made by bank transfer at the customer's discretion. Horváth reserves the right to exclude certain payment methods in individual cases.
4. Delay
If the Participant is in default of the payment, Horváth shall be entitled to demand default interest at the statutory rate (Section 247 (1), Section 288 (1) BGB). If Horváth proves higher damages caused by default, these may be claimed. In the same way, the participant shall be entitled to prove that no damage was incurred at all or that the damage was significantly lower than that claimed by Horváth.
5. Cancellation by the participant
5.1 In the event of cancellation up to four weeks before the date of the Event, an administrative fee of EUR 150.00 plus VAT will be charged. In the event of later cancellation or non-participation, the participation fee will not be refunded, unless the participant's place in the Event can be replaced by another participant. However, the participant is in any case entitled to prove that no damage at all has been incurred as a result of canceling the Event or that the damage is significantly lower than the cancellation fee retained by Horváth.
5.2 The registration can be transferred once free of charge to another participant. In this case, no cancellation fees shall be due.
6. Cancellation and modification of Events by Horváth
6.1 The Event may be canceled by Horváth for good cause, in particular if the number of participants does not cover the costs or if the speaker is unavailable at short notice without the possibility of deploying a substitute speaker or if suitable event premises are unavailable at short notice without suitable and available alternative options. The participant will be informed immediately and any fees already paid will be refunded in full. Any further claims are excluded subject to clause 9.
6.2 Horváth also reserves the right to replace announced speakers with others. Horváth is also entitled to make necessary changes to the Event program, such as postponing the schedule, if the speaker falls ill or is unable to hold the Event for other reasons, or if the location of the Event is not accessible in the case of face-to-face Events. All changes must be reasonable for the participant and will be communicated by Horváth without delay. Cancellation due to an insufficient number of participants will be made no later than 2 weeks before the Event.
6.3 In cases of force majeure, such as natural disasters (e.g. floods), fires, strikes, lawful lockouts and epidemics (including epidemics and pandemics) which are the subject of official warnings and measures, the contracting party affected by this shall be released from its obligation to perform for the duration and to the extent of its obligation to perform.
6.4 Horváth undertakes, in the event of any disruptions to performance, in particular those pursuant to clauses 6.1 to 6.3 of these Terms and Conditions of Participation, to take all reasonable steps to help remedy or limit the disruption. Such measures include in particular, if reasonable for the parties, holding an event via the Internet as a digital (remote) format.
6.5 In cases pursuant to clauses 6.1 and 6.3 of these Terms and Conditions of Participation, Event fees already paid by the participant will be refunded. A claim for reimbursement of travel and accommodation costs and loss of working hours is excluded, unless such costs are incurred due to gross negligence or willful misconduct on the part of Horváth.
7. Termination
7.1 Ordinary termination of the contract after the start of the Event is not possible. The right to terminate the contract for good cause remains unaffected.
7.2 The parties may terminate the contract for good cause. Good cause shall be deemed to exist in particular, if the participant persistently disrupts the Event or fails to pay on time following a reminder. In the event of extraordinary termination, there is no entitlement to reimbursement of fees already paid.
8. Right of withdrawal for consumers
8.1 Participants whose registration cannot be attributed to their commercial or independent professional activity (see Section 13 BGB), i.e. consumers, have a statutory right of withdrawal when concluding a distance selling transaction, about which Horváth provides information below in accordance with the statutory model. A sample withdrawal form can be found in clause 8.2.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform us (Horváth & Partner GmbH, Rotebühlstraße 100, 70178, Stuttgart, TEL. 0711/669190, FAX 0711/66919-1075, e-mail:training@horvath-partners.com by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), if any, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
If goods have been sent, the following also applies: We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
8.2 Horváth provides the following information on the model withdrawal form in accordance with the statutory provisions:
If you wish to withdraw from the contract, please complete this form and return it to us:
Horváth & Partner GmbH, Rotebühlstraße 100, 70178, TEL. 0711/669190, FAX 0711/66919-1075, e-mail: training@horvath-partners.com
9. Liability
9.1 The Events are carefully prepared and conducted by qualified speakers. Horváth assumes no liability for the topicality, correctness and completeness of the conference documents and the content of the Event.
9.2 Horváth's liability shall be governed by the relevant statutory provisions. The participant is not entitled to any further claims.
10. Copyrights
All conference documents, presentations, illustrations, video recordings and computer software used at our Events are protected by copyright. Participants are granted a simple, non-transferable right to use the conference documents for personal use. In particular, participants and third parties are not permitted to change the content or editing of the conference documents –, including excerpts –, or to use modified versions, copy them for third parties, make them publicly accessible or forward them, to post them on the Internet or other networks for a fee or free of charge, to imitate them, resell them, market them or use them for commercial purposes. Any copyright notices, marks or trademarks may not be removed.
11. Data protection
11.1 The data of the participant and/or the contractual partner or their representative will be stored electronically and processed automatically by the organizer exclusively for the purpose of holding the Event, unless the person concerned has expressly consented to other specific use and/or application of the personal data. The data will not be passed on to unauthorized third parties. The confirmation of participation can also be sent by unencrypted e-mail. It cannot be ruled out that this data may be read by third parties.
11.2 Horváth shall process personal data exclusively within the framework of the applicable statutory provisions.
11.3 With regard to data processing, please refer to the separate information on data processing. These are available at https://www.horvath-partners.com/en/data-protection.
12. Miscellaneous
12.1 Agreements concluded on the basis of these Terms and Conditions of Participation shall be governed exclusively by German law, insofar and to the extent that this is compatible with national and European law. The applicability of the provisions of the UN Convention on Contracts for the International Sale of Goods is excluded.
12.2 The Participant may only set off claims that are undisputed, legally established or recognized by Horváth in writing.
12.3 The participant is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
12.4 Should any provision of this contract be or become invalid, unenforceable and/or void in whole or in part, the Parties agree that the remaining provisions of the respective contract shall remain unaffected and valid. In such case, the Parties agree to replace the invalid, unenforceable and/or void provision with a valid and enforceable provision which comes as close as possible to the meaning and purpose of the invalid, unenforceable and/or void provision and which the Parties would have agreed to at the time of the conclusion of this contract if they had known or foreseen the invalidity, unenforceability or void status. The same applies accordingly if this contract should contain regulatory gaps undetected by the Parties at the time of the conclusion of the contract.
© Horváth & Partner GmbH 2020