General terms of registration and participation for courses, training sessions,
further training, seminars, and workshops (hereinafter called “events”)
The organizer is Novatec Consulting GmbH (hereinafter “Novatec”), Bertha-Benz-Platz 1,
D-70771 Leinfelden-Echterdingen, Website www.novatec-gmbh.de.
2. Scope of validity
Novatec shall hold events only in accordance with these general terms of registration and participation. The application of any other terms of business – in particular the purchasing conditions of participants – is excluded in all cases, even if they contradict this exclusive validity clause.
3. Content of events
- The events are targeted at consumers and entrepreneurs. For the content of each event, see the corresponding program.
- Where stated in the event program, event materials will be handed out at the start of the event. It is not possible to send out this material beforehand or afterwards.
- Novatec retains the copyrights and exploitation rights for all event materials. Participants are not granted any usage rights with the exception of the personal right of use in the context of the purpose of the event.
- In particular, the event materials may not be passed on or – with the exception of for the personal use of the participant – reproduced in whole or in part without the express written consent of Novatec.
- The recording of events on sound and/or image carriers is prohibited. We expressly invoke copyright, domiciliary rights, and general personal rights including the right to one’s own words and images.
4. Registration and contract conclusion
- Events that are advertised in the Novatec online booking system, on the Novatec home page, in the events program, in the newsletter, or using any other media do not constitute binding offers.
- The legally binding offer to conclude a contract for an event arises only from the participant when they register for the event in question. The registration can take place using the Novatec online booking system, by letter, by fax, or by sending an e-mail to firstname.lastname@example.org.
- The contract between Novatec and the participant comes into being once the registration of the participant is confirmed. The notification of acceptance by Novatec can be made in writing or in electronic form (e-mail).
Once participants have become contractual partners of Novatec, they have the following right of withdrawal as consumers:
- Cancellation policy – right of withdrawal: You have the right to withdraw from the contract concluded with Novatec within 14 days without specifying the reason. This right of withdrawal applies for 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must send us a clear declaration (for example, a letter sent by post, fax, or e-mail) about your decision to withdraw from the contract. If you wish, you can use the withdrawal form template provided here, but you are not obliged to do so. Send your declaration of withdrawal to: Novatec Consulting GmbH, Bertha-Benz-Platz 1, D-70771 Leinfelden-Echterdingen; fax: +49 (0)711/22040-899, e-mail: email@example.com Your right of withdrawal shall expire before term if the contract is fulfilled in full by both sides at your express request before you have exercised your right of withdrawal.
- Consequences of withdrawal: If you withdraw from this contract, we are obliged to return all payments that we have received from you including delivery costs (with the exception of any additional costs arising if you chose a different kind of delivery than the cheapest standard delivery offered by us) immediately and no later than 14 days after the day on which we receive your notification of withdrawal from this contract. For this reimbursement, we shall use the same payment method as you used for the original transaction unless we have expressly agreed otherwise with you; in no circumstances will you be charged for this reimbursement.
If you asked for the services to start before the expiry of the withdrawal period, you are obliged to pay us an amount commensurate with the services already rendered up until the time when you informed us of your withdrawal from the contract in proportion with the overall scope of the services covered by the contract.
6. Participation fees, VAT exemption, maturity, payment, and invoices
- As a general rule, the prices specified in the online booking system, event program, newsletter, and other media are net prices without VAT.
- The participation fees must be paid 7 days strictly net from receipt of invoice.
- An invoice will be issued for the participation fees and will be sent to you in writing or in electronic form (e-mail).
7. Withdrawal and failure to participate
- Cancellations and booking changes by participants must be made in writing.
- In the case of seminars and further training programs, cancellations or booking changes up to 4 weeks before the start of the event shall be charged at 20% of the participation fee plus VAT.
- No participation fees shall be reimbursed for later cancellations or booking changes and for failure of participants to turn up on the day.
8. Procedural changes and cancellations of events by Novatec
- Novatec reserves the right to change or cancel events if the lecturer is no longer available or in cases of force majeure.
- The training institution also reserves the right to cancel an event up to 15 days before the start of the seminar or training course due to insufficient numbers of participants. The minimum number of participants shall be communicated separately for the seminars and training courses.
- The replacement of a lecturer does not give the participant the right to cancel, terminate, or withdraw from the contract; this shall not affect the right to termination without notice as per Art. 626 of the German Civil Code.
- If an event is canceled by Novatec, the paid participant fee shall be refunded without delay. Any further claims against Novatec are excluded.
9. Completion of seminar and training events
- Where stated explicitly in the event description, each participant shall receive a certificate/proof of completion following the event in question.
- This certificate/proof of completion shall be handed out on the day of the event itself or shall be sent to the participant by post or e-mail within a month of the event.
- We are liable without restriction in accordance with the legal provisions for damages to life, limb, and health resulting from negligent or intentional breach of duty on our part, by our legal representatives, or by our agents as well as for damages covered by liability in accordance with product liability law.
- In the case of damages not covered by Clause 1 and that are due to willful or grossly negligent breaches of contract and fraudulent intent on our part, by our legal representatives, or by our agents, we are liable in accordance with the legal provisions. In this case, however, liability for compensation for damages shall be restricted to foreseeable, typical damages as long as we, our legal representatives, or our agents have not acted with intent.
- We are also liable for damages caused by plain negligence where this negligence relates to contractual obligations whose fulfillment is of special importance to the achievement of the purpose of the contract. However, we are liable only for damages typically associated with the contract and that are foreseeable.
- Any further liability is excluded regardless of the legal nature of the claim being asserted; in particular, this shall apply in the case of tort claims or claims for compensation of futile expenditure in lieu of performance.
- Where our liability is excluded or limited, this shall apply also to the personal liability of our employees, workers, staff members, representatives, and agents.
11. Data protection and Internet technology
- Personal data such as names, addresses, bank details, and e-mail addresses are saved when you register for a seminar.
- The handling of this data complies with statutory data protection stipulations. The collection and processing of personal data includes the saving, changing, transmitting, blocking, deleting, and usage of data of participants in compliance with the applicable data protection regulations and confidentiality of telecommunications regulations. The data is processed and used electronically and is kept only for as long as is required in accordance with these regulations and in compliance with applicable law. Personal data is passed onto third parties only with the express consent of the participant or if the training institution is obliged to disclose this data due to a judicial or official order, for example. The training institution is entitled to process and use personal data as long as this is required for its own advertising purposes and for the needs-based design of services. By consenting to data usage, participants consent to the use of their data by the training institution for marketing purposes and to receiving potentially interesting information from the training institution.
- Participants have the right at any time to revoke their consent to the use of their data, effective for the future, by post, fax, or e-mail (to firstname.lastname@example.org).
- Novatec uses the leading state-of-the-art method for the encryption of transmitted data. This ensures that the entered data is transmitted to the server in encrypted, unchanged form.
12. Final provisions
- The exclusive place of jurisdiction for disputes with participants who are not consumers is Stuttgart.
- For all disputes relating to or in conjunction with these terms of participation or relating to or in conjunction with executed transactions, the law of the Federal Republic of Germany shall apply to the exclusion of all non-mandatory conflict of law provisions referencing any other legal order. The above choice of law shall not apply to consumers if the application thereof would result in the removal of the protection granted to consumers by those provisions from which it is not allowed to deviate by agreement in accordance with the law that would be applied in the absence of a choice of law. The application of the UN Sales Convention is excluded.