Terms and Conditions
- Scope of application, definitions
- Services of the organizer
- Conclusion of contract
- Right of withdrawal for consumers
- Prices and terms of payment
- Eligibility to participate, contract transfer
- Falling short of the minimum number of participants
- Change or cancellation of the event
- Teaching material
- Applicable law, place of jurisdiction
- Alternative dispute resolution
1) Scope of application, definitions
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Dan Mor (hereinafter referred to as “Organizer”), apply to all contracts on the participation in courses / seminars (hereinafter referred to as “Event”), which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Organizer regarding the events (Events) presented on the website of the Organizer. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2) Services of the organizer
2.1 The organizer offers both online and face-to-face events. The content of the event results from the respective course description on the website of the organizer.
2.2 In the case of online events, the organizer shall provide its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the organizer provides 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 defective system requirements at the customer.
2.3 In the case of presence events, the organizer shall provide its services exclusively in personal contact with the customer and in premises selected by the customer for this purpose. Unless otherwise stated in the course description of the organizer, the customer has no right to select a specific venue for the implementation of the desired event.
2.4 The Organizer shall provide its services through qualified personnel selected by it. In doing so, the organizer may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the course description of the organizer, the customer has no claim to the selection of a particular person to carry out the desired event.
2.5 The organizer provides its services with the utmost care and to the best of its knowledge and belief. However, the organizer does not owe a certain success. In particular, the organizer does not guarantee that the customer will achieve a certain learning success or that the customer will reach a certain performance goal. This depends not least on the personal commitment and will of the customer, over 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 submit a binding offer by the customer.
3.2 Der Kunde kann sein Angebot über das auf der Website des Veranstalters bereitgestellte Online-Anmeldeformular abgeben. After entering his or her 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 may also submit the offer to the organizer by telephone, e-mail or mail.
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 (e-mail), in which case the receipt of the confirmation of registration by the customer is decisive, or
- by requesting payment from the customer after the customer has submitted his contractual declaration.
If several of the aforementioned alternatives exist, the contract shall be concluded 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, this shall be deemed 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 expiry of the acceptance period and the organizer does not accept the customer’s offer no later than 24 hours before the start of the event, unless otherwise agreed between the parties.
3.4 The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.
3.5 In the case of registration via the website of the organizer, the text of the contract shall be stored by the organizer after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The organizer shall not make the text of the contract accessible beyond this.
3.6 Prior to binding submission of the offer via the online registration form of the organizer, the customer can continuously correct his entries via 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 that he makes a corresponding declaration at the time of registration.
4) Right of withdrawal for consumers
A right of withdrawal for consumers exists according to § 312g para. 2 No. 9 BGB shall not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.
5) Prices and terms of payment
5.1 Unless otherwise stated in the offer of the Organizer, the prices quoted are total prices that include the statutory value-added tax.
5.2 Costs for travel, overnight 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 prepayment 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) Eligibility to participate, contract transfer
6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract 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, he and the customer are liable to the organizer as joint and several debtors for the participation price and any additional costs incurred by the entry of the third party.
7) Falling short of the minimum number of participants
7.1 The organizer can determine a minimum number of participants for his courses. If a minimum number of participants is determined, the organizer will explicitly point this out in the course description.
7.2 If the minimum number of participants is not reached, the organizer can withdraw from the contract at the latest seven days before the start of the course by declaration to the customer. 7.2 Wird die Mindestteilnehmerzahl nicht erreicht, kann der Veranstalter bis spätestens sieben Tage vor Kursbeginn durch Erklärung gegenüber dem Kunden vom Vertrag zurücktreten.
7.3 If the organizer makes use of his right of withdrawal according to the above paragraph, the customer can demand participation in another event of at least equal value, if the organizer is able to offer such an event from his range of services at no extra cost to the customer. The customer must make his request to the organizer immediately upon receipt of the organizer’s declaration.
7.4 If the customer does not make use of his right in accordance with the above clause, the organizer will immediately reimburse the customer for 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. Reasonable are only insignificant service changes that become necessary after the conclusion of the contract and were not caused by the organizer against good faith. The organizer will inform the customer in time in case of 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 instead request participation in another event of at least equal value if the organizer is able to offer such an event from its range of services at no additional cost to the customer.
8.3 The customer must assert the rights under the above section 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 fee already paid. The organizer will make every effort 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 that are necessary for the implementation of the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.
9.2 The customer may use the contents of the event, including any teaching materials provided, only to the extent required in accordance with the purpose of the contract as agreed by both parties. Without the separate permission of the organizer, the customer is in particular not entitled to record the event or parts thereof or to reproduce, distribute or make publicly available teaching materials.
9.3 In the case of online events, the customer shall be provided with course-accompanying teaching material (e.g. teaching documents) exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer is not entitled to receive the teaching material in physical form.
The organizer is liable to the customer from all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The organizer is liable for any legal reason without limitation
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a warranty promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
10.2 If the organizer negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above section. 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 makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely on.
10.3 In all other respects, liability on the part of the organizer is excluded.
10.4 The above liability provisions shall also apply with regard to the liability of the organizer for its 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 relationships between the parties.
11.2 If the customer is acting 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 shall be the organizer’s registered office. If the customer is domiciled outside the territory of the Federal Republic of Germany, the organizer’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the organizer is in any case 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 at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The organizer is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.