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I. GENERAL TERMS & CONDITIONS

1. Area of validity

  • The following General Terms and Conditions (hereinafter referred to as GTC) apply to all contractual and legal transactions of Robert Kysela – Executive Trainer & Coach (hereinafter referred to as SERVICE Provider) and its contractual partners (hereinafter referred to as CUSTOMER)

2. Registration

  • The registration for participation in customer-specific courses, external (open) courses (hereinafter referred to as EVENT) or other services of the SERVICE PROVIDER shall be made in writing (by post), by e-mail (signed registration form) or via the online registration on the website (www.kysela.de; www.kysela-training.com) 
  • All changes made by the SERVICE PROVIDER must be notified to the CUSTOMER in writing. These shall be deemed accepted unless the CUSTOMER objects to them in writing within 2 weeks after notification of the changes. 
  • The contract for the EVENT/SERVICE comes into effect with the written confirmation of the order, which the CUSTOMER normally receives within 2 weeks after receipt of the registration
  • The subject of the contract is described in the order confirmation
  • If a registration by the participant is made at such short notice that a written confirmation of registration is no longer possible, the contract is considered legally binding when the registration is confirmed in a suitable manner (e.g.: via e-mail).

3. Cancellation

  • The CUSTOMER has the right to revoke his registration within fourteen (14) days without giving reasons.
    For further details, please refer to chapter II Cancellation Policy for Customers
  • The contract can be cancelled by the CUSTOMER up to four (4) weeks before the beginning of the EVENT. This termination must be in writing, which must be received by the SERVICE PROVIDER before the beginning of the period. The termination can be made by mail or by e-mail (signed PDF).  
  • In case of a later termination of the contract up to fourteen (14) days before the beginning of the EVENT, 50% of the event costs are to be paid.
  • If a short-term cancellation is made within fourteen (14) days prior to the beginning of the EVENT, the full costs of the event must be paid. 
  • The CUSTOMER reserves the right to prove that the service provider has suffered less damage in a specific case
  • The right of revocation expires prematurely if the contract has been completely fulfilled by both parties before the right of revocation has been exercised.
  • A cancellation or revocation always refers to the complete EVENT. Individual parts (modules) cannot be cancelled or revoked. 
  • The right to extraordinary termination in accordance with the statutory provisions remains unaffected

4. Duration of contract / cancellation of events

  • The contract begins and ends at the specified and individual time agreed in the order confirmation.
  • The SERVICE PROVIDER reserves the right to cancel or postpone announced EVENTS at any time in case of insufficient number of participants, short-term absence due to illness or force majeure (e.g.: natural disasters).  
  • In any case, the SERVICE PROVIDER shall endeavour to notify the CUSTOMER of the cancellation in writing as soon as possible. If this is no longer possible for time reasons, this can also be done verbally. 
  • In case of a cancellation by the SERVICE PROVIDER, the SERVICE PROVIDER will try to rebook the participant(s) to another ORGANIZATION with priority, provided the CUSTOMER agrees.
  • If an event has to be cancelled or postponed and a replacement date is not available or the participant(s) cannot attend, all costs already paid will be refunded in full.
    Additional claims, such as for travel costs already incurred, hotel cancellation costs, or any claims for damages cannot be made.

5. Terms of payment

  • Unless otherwise agreed in writing, all costs/charges are understood to be plus VAT at the rate applicable at the time the service is provided. 
  • The CUSTOMER receives an invoice with the order confirmation. The stated invoice amount is due upon receipt of the invoice and must be paid at least 14 days before the beginning of the EVENT. This does not apply to services in the COACHING area. Here, an invoice is issued after the end of the service.
  • If the payment dates are exceeded, the SERVICE PROVIDER is entitled, without additional reminder, to default interest at a rate of 2% above the reference rate of the European Central Bank in accordance with the Discount Rate Transition Act. This shall not affect the right to assert further claims based on any damage that may have arisen as a result.
  • Any additional expenses incurred by the SERVICE PROVIDER at the request of the CUSTOMER shall be charged to the CUSTOMER at cost price  
  • In the case of an external (open) training course, the SERVICE PROVIDER will organise the necessary premises (seminar or conference rooms), the costs of which are included in the price of the event. Any other costs incurred, such as costs for travel, accommodation or meals, shall be borne by the CUSTOMER, unless otherwise agreed in writing
  • In the case of a customer-specific training course, the CUSTOMER shall provide the necessary premises for the complete duration of the course, unless otherwise agreed in writing

6. Scope of services

  • The services to be rendered by the SERVICE PROVIDER usually comprise the contents detailed in the order
  • The SERVICE PROVIDER shall provide the equipment and documents necessary for the provision of the service (the latter are subject to copyright – see GTC / item 8). 
  • The content of a training course is structured in such a way that each participant can achieve the goals previously defined with the CUSTOMER. A guarantee for the achievement of the goals by each individual participant cannot be given.
  • Each participant will receive a certificate after completing an EVENT which confirms his participation
  • The SERVICE PROVIDER reserves the right to make changes to the content of the EVENTS as long as these do not fundamentally change the core theme of the EVENT

7. Obligation of secrecy

  • The SERVICE PROVIDER undertakes not to disclose to third parties any of the CUSTOMER’s business and trade secrets during the term of the contract or after its termination.

8. Copyright

  • All documents, photos or videos created by the SERVICE PROVIDER are subject to copyright.
  • The SERVICE PROVIDER reserves all rights to change, translate and reproduce the event documents.
  • No part of the event documents may be copied, reproduced or distributed or published in any form, in whole or in part, without the written permission of the SERVICE PROVIDER
  • Use of the event documents for the CUSTOMER’s own training courses is not permitted. 
  • Video recordings by the CUSTOMER or the participants of the EVENT are not permitted.

9. Liability

  • The SERVICE PROVIDER shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. However, claims for damages due to the breach of contractual obligations shall be limited to foreseeable damages typical for the contract, provided that there is no injury to life, body or health.
  • The SERVICE PROVIDER shall be liable to the same extent for the fault of representatives and/or vicarious agents.

10. Data protection

  • The personal data provided by you will be processed solely for the purpose of handling and implementing the event and later participant information. Furthermore, the SERVICE PROVIDER undertakes to respect data protection – see: PRIVACY POLICY

11. Place of jurisdiction

  • The contractual/business relationship between the CUSTOMER and the SERVICE PROVIDER shall be governed exclusively by German law. This applies to customers from the Federal Republic of Germany as well as to foreign customers. 
  • Place of jurisdiction is the domicile of the SERVICE PROVIDER: AMTSGERICHT (AG) Forchheim

II. REVOCATION INSTRUCTION FOR CUSTOMERS

Right of revocation:

You have the right to revoke an event registration within fourteen (14) days without giving reasons.
The revocation period is fourteen (14) days from the date of event registration.
In order to exercise your right of revocation, you must inform me (Robert Kysela, Burggaillenreuth 116, 91320 Ebermannstadt, e-mail: office@kysela.eu) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to revoke the event registration.
In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation:

If you revoke the course registration, I will refund all payments I have received from you immediately and at the latest within fourteen days from the day I received the notification of your revocation of the course. For this refund I will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you. Under no circumstances will I charge you for this refund.

If you have requested that the services should commence during the withdrawal period, you shall pay me a reasonable amount corresponding to the proportion of the services already provided by that date on which you inform me of the exercise of the right of withdrawal in respect of this contract compared with the total amount of services provided for in the contract.

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