You can find the current Terms and Conditions for booking online seminars, digital training, online courses, and virtual presentations (hereafter referred to as Online Seminars) here.
1. Scope of application
The following General Terms and Conditions govern current and future business and contractual relations between Gabriela Wischeropp Consulting | Coaching – hereinafter referred to as GW – and the service recipient of seminars, workshops and online seminars – hereinafter referred to as CLIENT.
Deviating or supplementary terms and conditions of the CLIENT do not become part of the contract, unless GW expressly agrees to their validity. Subsidiary agreements, amendments or supplements require text form to be effective, as does the waiver of the requirement of text form itself.
2. Conclusion of contract
Online seminars are digital training events.
The CUSTOMER’s registration constitutes a binding offer to conclude a contract for participation in an online seminar. The registration must be made in text form (online, by mail, fax or e-mail). Upon receipt of the confirmation of the registration (booking confirmation) by the CLIENT, the contract on the participation is concluded.
Correspondence on the part of GW towards the CLIENT shall be exclusively by e-mail. The CLIENT has to take the technical precautions to ensure an e-mail receipt (e.g. exclusion from a block list). If the CLIENT does not receive the booking confirmation or receives it with a delay, the contract shall be deemed concluded if GW does not declare its rejection within a period of 14 days. In this case, the CLIENT waives a declaration of acceptance by GW pursuant to § 151 BGB.
3. Cooperation obligations of the CLIENT for online seminars.
In order to participate, the CLIENT must meet the technical conditions required by GW (e.g. stable Internet connection, current browser version, loudspeaker or headset, Adobe Flashplayer). The CLIENT will receive the access data at the latest on the day before the event to the e-mail address provided during registration. The CUSTOMER is responsible for checking and ensuring the technical requirements. Any failure of the technical requirements of the CUSTOMER, if necessary also during the online seminar, does not release from the contractual payment obligation.
The CUSTOMER is obligated to keep the access data carefully, not to pass it on to unauthorized third parties and to protect it from their access. The CLIENT is also obliged to keep the registration data provided, in particular the contact data, up to date.
4. Seminar fees, terms of payment
The CUSTOMER will receive an invoice no later than 5 working days after the online seminar has been held. The invoice must be paid within 14 days without deductions, stating the invoice number.
5. Withdrawal, cancellation costs, rebooking
The CUSTOMER may cancel events only in text form (by mail, fax or e-mail). Instead of a cancellation, the CUSTOMER may name a substitute participant free of charge.
In case of cancellation, the following fees will apply:
– Cancellation up to 14 days before the start of the event: free of charge
– Cancellation within 14 days before the start of the event: 100 percent of the participation fee plus VAT. This also applies if the registered participant does not log in.
For compliance with the cancellation deadlines, the date of receipt of the mail/email by GW applies. Cancellation fees will be offset in the corresponding amount against any fee payments already made.
6. Right of withdrawal for consumers in distance contracts
Consumers have a statutory right of revocation in the case of distance contracts (contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer use exclusively means of distance communication for the contract negotiations and the conclusion of the contract). Consumer in the sense of § 13 BGB is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity.
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period for services (seminars, workshops and online seminars) is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must notify us,
Gabriela Wischeropp Consulting | Coaching
Unterhachinger Str. 49, 81737 Munich, Germany
Phone: 089 45090410
by means of a clear declaration (e.g. a letter sent by post, fax, e-mail, telephone) of your decision to revoke this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your revocation of this contract. The repayment will be made by bank transfer to your bank account. In no case will you be charged for this repayment. If we have already started providing the services (seminars, workshops and online seminars) at your request during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services (seminars, workshops and online seminars) already provided by the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services (seminars, workshops and online seminars) provided for in the contract.
7. Content and execution of the event
The subject of the respective order is the implementation of the booked event or other agreed services, but not a specific success.
The speakers carry out the events exclusively in the name of and on behalf of GW. If the CLIENT is interested in additional and/or follow-up events with the assigned speakers/event leaders, the booking must be made through GW as well as new orders.
The receipt of a certificate of attendance is only possible if a participant has attended the entire event. It is not possible to divide the event among several participants. Partial booking is only possible in exceptional cases and upon request.
The events are carefully and conscientiously prepared and conducted by the speakers/seminar leaders. GW assumes no liability for the timeliness, correctness and completeness of the documents or the execution of the events.
GW is entitled to subcontract parts of an order to third parties, even without the consent of the CLIENT.
8. Schedule, cancellation/postponement of events
All events correspond to the binding scope and content specified in the individual offer, subject to necessary changes of an organizational or content-related nature, provided that these do not significantly change the overall character of the event. If necessary, GW can replace the initially planned speaker(s) and/or seminar leader(s) with equally qualified persons. The CLIENT has no claim to the selection of a specific speaker/event leader. If the CLIENT misses the complete online seminar or individual parts, the CLIENT has no claim to compensation for the missed dates or recourse against GW.
GW is entitled to cancel or postpone events for reasons for which it is not responsible, in particular if the required number of participants is not reached, in the event of illness of the speaker/event leader or other failures for which it is not responsible (maintenance work, Internet failure, etc.). Notification will be made immediately by e-mail to the existing contact details of the CLIENT. In case of illness of the speaker/event leader without the possibility to provide a replacement in time, GW has the right to postpone the event to a replacement date. If the event is cancelled without substitution, the CUSTOMER will be reimbursed for any participation fees already paid. The CLIENT has no further claims against GW, in particular not for damages.
9. Property rights and copyrights
GW expressly reserves the copyrights to the documents, results, calculations, etc. created by it or by the speakers/event leaders. Documents relating to the online seminar may not be reproduced or made publicly accessible without the consent of GW granted in text form, but may only be used for private or other own use.
With the exception of the certificates issued by GW, the word and picture trademark of GW may not be used without the consent of GW granted in text form.
GW is liable without limitation for damages to life, body and health which are based on a negligent or intentional breach of duty of the legal representative or the vicarious agents, for damages which are covered by the liability according to the Product Liability Act as well as for all damages which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent of the legal representative or the vicarious agents.
Otherwise GW is only liable for gross negligence and intent.
GW endeavors to create its products and services in each case according to the latest knowledge and at the current state. Their correctness as well as freedom from content and technical errors is expressly not guaranteed. The publisher also gives no assurance for the applicability or usability of its products for a specific purpose. The selection of products and services, their application and use is the sole responsibility of the CUSTOMER.
11. Final provisions
German substantive law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Place of performance is the registered office of GW. If the CLIENT is a registered trader, the place of jurisdiction for all claims in connection with the business relationship is the registered office of GW. GW is also entitled to take legal action at the general place of jurisdiction of the CLIENT.
If the CLIENT moves its domicile or usual place of residence outside the area of validity of the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement is the registered office of GW. The same applies if the CLIENT has his domicile or habitual residence abroad.
The wording of the contract and these provisions in the German language is authoritative.
Deviating or supplementary terms and conditions of the CLIENT shall not become part of the contract unless GW has expressly agreed to their validity.
The EU Commission provides an internet platform for the online settlement of disputes („OS platform“) at https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of such disputes arising from online purchase contracts. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Ancillary agreements, amendments or supplements must be in writing in order to be effective, as must the waiver of the written form requirement.
Should any of these provisions be or subsequently become invalid, this shall not affect the validity of the provisions as a whole. In the event of an invalid provision, the parties shall be obliged to negotiate an effective replacement provision that comes as close as possible to the economic purpose pursued by the parties with the invalid provision.
General Terms and Conditions for Online Seminars, as of May 2020
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Unterhachinger Strasse 49
D – 81737 Munich Germany