The following Terms & Conditions shall apply for all services from E>V, unless other conditions have been agreed on in writing. These Terms & Conditions shall become binding when the order is placed, be it in writing or verbally. The agreed-on prices are net, unless otherwise agreed on. Costs for items such as travel, accommodation and materials, as well as the applicable VAT, shall be charged in addition.
TERMS & CONDITIONS
Art. 1 Registering for open-enrolment seminars
Open-enrolment seminars are seminars listed for the public in our catalogue or in advertisements. Registration should be made in writing, by post, fax or e-mail, or via our website. Registrations will be confirmed in writing. The invoice is to be settled by the start of the seminar.
Art. 2 In-house seminar offerings
In-house seminars are internal to client companies. E>V's written price quotations shall remain valid for three months from the date of the quotation.
Art. 3 Payment terms
Invoices are payable net upon receipt, without discounts. If the invoiced amount has not been received within 30 days from the invoice date, E>V shall have the right to claim delay fees (interest). The interest rate shall be 10% p.a. above the discount rate of the Deutsche Bundesbank in effect at the time of invoicing.
Payments shall generally be made net of any bank or transaction fees for the recipient. This shall also apply to payments from abroad, even in such cases where a transaction fee is normally levied by the respective financial institutions involved. The costs of the payment transfer shall always be the responsibility of the payer.
All seminar fees are exclusive of the VAT applicable at the time the service is performed. If the VAT rate is changed during the contractual period, the periods with the different rates shall be considered agreed on separately.
Art. 4 Open-enrolment seminar cancellations
Your registration shall be binding. The full seminar fee shall be due upon cancellation. However, we prefer that you find a replacement in such cases. You will receive our written confirmation and your invoice within one week from registering. Payments should be received by E>V no later than one week before the start of the seminar.
Art. 5 In-house seminar cancellations: fee scales
If an order or a date is cancelled by the customer, and if the date cannot be used for another seminar, cancellation costs shall become due as follows:
In case of cancellation up to 30 days in advance: 50%;
In case of cancellation up to 20 days in advance: 75%; and
In case of cancellation up to 10 days in advance: 100% of the agreed-on fee.
Art. 6 Change in scope of Coachings
Coachings with a scheduled length up to 4 hours can be cancelled or shifted free of charge up to 7 working days in advance at the latest. Afterwards, 80% of the agreed fee will be charged.
Coachings with a scheduled length of > 1/2 day can be cancelled or shifted free of charge up to 14 working days in advance at the latest. Afterwards, 80% of the agreed fee will be charged.
Art. 7 Change in scope of performance
Each contractual partner may request changes in the agreed-on scope of performance from the other partner in writing. Upon receipt of the change request, the recipient shall review the change as to whether and at what conditions they can be made, and promptly notify the requester in writing of recipient's approval or refusal, stating reasons, if applicable.
The content and structure of the seminar program, as well as the working objective of the coaches may be changed as long as the overall nature of the seminar remains the same. This shall not give participants the right to rescind the contract or reduce the invoiced amount.
Art. 8 Seminar cancellation
E>V reserves the right to cancel open-enrolment seminars up until 3 days before their start, and to offer alternate dates if there are not enough participants (Factor E Seminar fewer than 8, IN-GENIUM fewer than 4 and the C Factor fewer than 6 participants).
When a seminar does not take place due to illness of the coach, Force Majeure or other unforeseeable events, there shall be no claim to having the seminar take place. There shall be no claim to reimbursement of travel and accommodation costs, neither of lost work. There shall be no liability for incidental damage, in particular, lost profits or third party claims.
Art. 9 Confidential information, data privacy/protection
The contractual partners shall treat essential matters and matters, that are not publicly known and which affect the other contractual partner, with the confidentiality customary in usual conduct of business. However, the contractual partners may freely utilize ideas, concepts, know-how and methods relating to personnel and organisational development.
The contractual partners shall process or utilize personal data of the other contractual partner only for the contractual purposes. They shall, in particular, protect these data from unauthorized access, and share them with third parties only with the consent of the other contractual partner.
Art. 10 Copyrights
By registering, seminar participants agree to comply with the following: seminar-related binders or documents etc. are subject to copyright and must not be duplicated photo-mechanically or electronically at any time or for any reason; they are intended only for the personal use of the course participants and must not be shared with third parties.
Art. 11 Liability
Each seminar shall be prepared and conducted according to the current state of the art. We shall not assume any liability for advice given, or for the utilization of knowledge acquired.
E>V shall not be liable for damage caused by participants intentionally or in gross negligence.
We emphasize that sports and adventure events are always subject to particular risk. All participants should feel prepared to accept the challenges of the seminar. They shall bear the responsibility for their own actions and for their physical and mental health.
E>V shall not assume any responsibility for disadvantages resulting from the fact that a participant does not fulfil the prerequisites for a seminar.
We reserve the right to exclude participants from the event program if they damage our reputation as a guest in foreign regions. The costs arising from such an early departure shall be borne by the customer.
Art. 12 Satisfaction guarantee
Participants of open-enrolment seminars who are not happy with the quality of our events shall have the right to claim seminar cost reimbursement.
Art. 13 Clause regarding sects
E>V's seminars are based on a well-founded scientific basis, not on an ideology or the cult of a sect.
Consequently, we distance ourselves expressly from organisations such as Scientology and refuse to cooperate in any way with this or similar organizations or associated companies.
We declare that our company does not work according to a method ("technology") by L. Ron Hubbard (e.g., the "technology" for leading a company) and/or any method otherwise connected to Hubbard; we reject these expressly. We distance ourselves from any related advertising for training, courses or seminars based on a theory by L. Ron Hubbard, or aligned with these "technologies," and we prevent any and all dissemination in our company.
We do not organise any training, courses or seminars according to the above "technologies" in our company, and we have nobody organise them or attend them. We do not have any business relationships with persons, companies or organisations driving the introduction of L. Ron Hubbard's method ("technology") or supporting the dissemination of said methods ("technologies").
In addition, we do not knowingly support companies and/or groups that are being managed according to or influenced by L. Ron Hubbard's method ("technology"). The declaration made in Art. 13 has been submitted to the Referat für Sekten- und Weltanschauungsfragen (Dept. for Sects and Ideological Issues) of the German Diocese of Fulda as a sworn statement.
Art. 14 Court of referral
The court of referral and venue shall be Hamburg, Germany exclusively.
Art. 15 Miscellaneous
The laws of the Federal Republic of Germany shall apply for our business relationships and all legal relationships between us and our customer. If a provision of these Terms & Conditions or a provision in any other agreements should be or become ineffective, this shall not affect the effectiveness of all other provisions or agreements. Differing agreements made shall only be effective if they have been made in writing. For orders that have been arranged by us, but confirmed, delivered, executed and invoiced by the suppliers directly, the Terms & Conditions of the corresponding supplier shall apply.