Introduction
The following General Terms and Conditions of ALVISSION EDUCATION GmbH are valid for all training contracts between ALVISSION EDUCATION GmbH and the customer and all related legal transactions. They are also valid – as far as the sense and purpose is appropriate – for obligations between the parties, which arise from the initiation of relevant contractual negotiations or similar business contacts in the sense of § 311 para. 2 BGB (German Civil Code).
Deviating general terms and conditions of the customer shall only become part of the contract if they are expressly confirmed by ALVISSION EDUCATION GmbH in text form.
§1. Terms within the context of the general terms and conditions
The following terms are used in the given interpretation in the General Terms and Conditions of the ALVISSION EDUCATION GmbH for the purpose of clarification:
“REGISTRATION”: Registration means the binding submission of an offer to conclude a contract with ALVISSION EDUCATION GmbH
“INFORMATION MEDIA”: This includes all brochures, information media and the internet presence (www.alvission.training) of the company ALVISSION EDUCATION GmbH
“COURSE FEES”: Course fees include all services offered within the scope of the respective course description, unless these are expressly described as extra services to be paid separately
“COURSE MATERIALS”: Include all documents, materials, data and information provided by the ALVISSION EDUCATION GmbH or its employees during the course
“COURSE”: A course is the respective service offered by the company ALVISSION EDUCATION GmbH under more precise course names and course numbers and is understood as a training course. The different services offered can be found in the relevant information brochures of ALVISSION EDUCATION GmbH
“TRAINING CONTRACT”: The concluded or intended legal relationship between the parties within the scope of which access to the services of ALVISSION EDUCATION GmbH is granted within the framework of the General Terms and Conditions
“SEMINAR PARTICIPANTS”: The contractual partner (customer) who intends to receive services of ALVISSION EDUCATION GmbH according to the General Terms and Conditions by registration
“COMPANY”: ALVISSION EDUCATION GmbH, Europaallee 27d, 66113 Saarbrücken, Germany
“PERFORMANCE GUARANTEE”: This is the right of the customer to repeatedly use the services of the ALVISSION EDUCATION GmbH (in accordance with clause 7 of these general terms and conditions)
§2. Courses
2.1. All services offered by the company in their respective appearance are only provided within the framework of the General Terms and Conditions described below. The company reserves the right to make relevant changes and additions to courses without prior notice.
2.2 Courses of the Company are offered in the form specified by its information media. The seminar participant is responsible for the existence of any previous knowledge required for the course to be attended.
2.3 Information going beyond the company’s information media as well as detailed course descriptions etc. will be made available on request.
2.4 The company is entitled to change the type and structure of the information media at any time and without prior notice, as far as this appears relevant from the company’s point of view.
2.5 The company is entitled to change the type and structure of the courses as well as the time sequence of course units and examinations without prior notice, as far as this is relevant or legally required and does not have a lasting negative effect on the quality of the service to be provided or the qualification to be achieved after participation in the course.
§3. Registration and payment terms
3.1 The registration for a course offered by the company by the seminar participant must be sent to the company in written form. With the registration the seminar participant accepts the general terms and conditions of the company. Participation in the course is binding and the intended training contract is concluded if the company does not issue a written rejection declaration within 14 days. As proof of the conclusion of the training contract, the seminar participant will receive a written confirmation from the company.
3.2 If no mutual agreement regarding a special arrangement or loan negotiation between the company and the course participant has been reached, the COMPLETE payment amount shall be paid by the seminar participant when registering for the course.
3.3 Until the point of payment according to 3.2, the participant has no claim to the participation in the course. Similarly, the company is not obliged to reserve a place on the course for the seminar participant until payment has been received.
3.4 All prices quoted are exclusive of statutory taxes. If the seminar participant is responsible for a return debit note or rejection of the debit note, the additional costs charged by the bank must be reimbursed to us by the seminar participant. The seminar participant particularly has the following reasons for a return debit note:
– Incorrect bank details when the direct debit authorization was issued
– lack of bank account cover on the part of the customer and
– Return debit note of the payment amount by the seminar participant for reasons for which the company is not responsible.
As far as a return debit note or refusal of the debit note for which the seminar participant is responsible takes place, default of payment occurs at this point in time without reminder.
3.5 The company is entitled to invoice the seminar participant immediately for all services not included in the course fee which the seminar participant makes use of.
3.6 In the event that payment is not made on time in accordance with the requirements of Sections 3.1 et seq. the Company is entitled to exclude the seminar participant from the course at any time.
3.7 Upon participation in a part of the course, all course fees are due in full and are not refundable, unless other provisions of the General Terms and Conditions of Business conflict with this clause.
§4. Copyrights
4.1 The course material provided by the company is protected by copyright and may only be used by the seminar participant for the purpose of course preparation and follow-up as well as for personal information purposes.
4.2 Video and audio recordings of courses by the participants are strictly prohibited. Course material may not be reproduced or made available to third parties – even in part – without the express written consent of the company.
4.3 Unauthorized training material. Course participants should make sure that unauthorized material such as practice exam questions cannot be used during the course. Students may be asked by the instructor to leave the course if such an incident occurs. This is especially true for practice and exam questions that have not been previously approved by the instructor.
§5. Extent of warranty
5.1 The company employs highly qualified teachers for the courses offered and uses recognized teaching methods. It guarantees that the course is held in the form presented in the information media and is suitable for obtaining the promised qualification if the examination is successful at the end of the course. Although the successful completion of the course is intended for each participant, the success of the course depends on the commitment and previous knowledge of the participant and cannot be guaranteed.
5.2 A contractual or non-contractual liability for damages on the part of the company, its employees, and vicarious agents, regardless of the legal basis, exists only if the damage is due to gross negligence or intent.
5.3 The company does not assume any liability for accidents caused by negligence on the part of the seminar participant or for loss or theft of property and valuables brought to the courses.
5.4 If courses have to be cancelled by the company due to illness of the instructors or force majeure, the seminar participant has no claim to the course. In this case, the seminar participant can either book an alternative course at no extra cost or will be refunded any course fees already paid by bank transfer. Further claims for damages, especially compensation for travel expenses incurred and compensation for loss of work, are excluded, regardless of the legal basis. This exclusion of liability does not apply if the company or its vicarious agents can be accused of gross negligence or intent, or in the event of injury to life, body or health, if this is due to a negligent or intentional breach of duty by the company or its vicarious agents.
5.5 Before registering for a course, it is assumed that the seminar participant has made sure that the course in the form described in the information media, with regard to the scope of the course and the qualifications to be obtained, meets the individual requirements and needs of the seminar participant.
§6. Cancellation and rebooking
6.1 The seminar participant has the right to withdraw from the relevant training contract up to 21 calendar days before the start of the booked course. The request for withdrawal must always be submitted to the company in written form. The receipt of the letter of withdrawal by the company is decisive regarding compliance with the deadline. In this case, the seminar fees already paid will be refunded to the seminar participant – if applicable, charging any course documents already handed out. In the event of a withdrawal, the company reserves the right to invoice the administrative expenses incurred in this regard in the amount actually incurred, but no more than € 300.00, and to offset these if necessary. The seminar participant reserves the right to prove a lower damage.
6.2 After the expiry of the period specified in Section 6.1, administrative fees of 50% of the course fees according to the price list valid at the time of withdrawal shall be charged for a withdrawal, irrespective of participation. Subsequent withdrawal in case of non-appearance at the course is not possible. In case of no-shows 100% of the course fee will be charged. If the semi-attendee has made a rebooking according to section 6.3 or 6.4, a withdrawal from the course is no longer possible after this rebooking.
6.3 The seminar participant has the one-time right to exchange his or her booked course for a future course by way of a rebooking up to 21 calendar days before the beginning of the booked course. The request for rebooking must be made in written form to the company. Regarding the observance of the deadline, the receipt by the company is decisive. In this case, the course fees already paid – if applicable, considering course documents already handed out – will be offset against those of the future course. In the case of repeated course rebooking, the company reserves the right to charge the administrative expenses incurred in this regard in the amount actually incurred, but not exceeding € 300.00. The seminar participant reserves the right to prove a lower damage.
6.4 After the expiry of the deadline specified in Section 6.3, course rebookings are only possible against administrative fees amounting to 25% of the course fees according to the price list valid at the time of the rebooking. In all other respects, the provisions of Section 6.3 shall apply.
6.5 If the seminar participant waives participation in a course which has already been partially or fully paid for without exercising his or her right of withdrawal, the Company shall be entitled, after a period of 12 months – measured from the date of commencement of the originally booked course – to retain without replacement any course fees already paid. In this case, the seminar participant must reimburse any course fees not yet paid.
6.6 The company reserves the right to cancel courses without compensation or to postpone them to another date if the economically necessary minimum number of participants is not reached. If the company makes use of the aforementioned rights, the seminar participant will be informed of this in written form at the earliest possible time. In this case, the seminar participant has the right to withdraw from the course participation or to attend another course of the company. In the event of withdrawal, the course participant will be reimbursed for any course fees already paid – if applicable, the course documents already handed out will be considered. Further claims for damages by the course participant on this legal basis are excluded.
§7. Performance Guarantee
7.1 If the seminar participant does not pass the exams required for the intended certification after having attended the course, he is entitled to attend the course again. Renewal of course attendance is only possible within a maximum of 12 months following the original course start date and only if places/courses are available. If the course or a course version is no longer offered in the course of new developments of the course product, the entitlement to repeat the course is only valid until the last offered course date of the product version visited. In case of a new course, the costs to be paid are limited to the following items:
– the examination fees
– the costs of accommodation and meals.
– the costs for the use of the (digital) course materials and the lab/exercise environment
7.2 The company is nevertheless entitled to refuse renewed participation in the course if the seminar participant has not attended the originally booked course for reasons not excused by the company, has violated general principles of conduct in dealing with instructors or other seminar participants or if the failed final examination is demonstrably due to the seminar participant’s lack of willingness to cooperate.
7.3 The performance guarantee is a free additional service provided by the company. It is only valid for registration for a public course. It does not apply to customer-specific courses/course dates or company seminars. A new course registration is only valid for the same course. It does not entitle to a renewed participation in a newer version of the course.
§8. Miscellaneous
8.1 Additional or deviating agreements must be made in written form. This also applies to the waiver of the written form requirement, unless the Company confirms the deviating agreement in written form.
8.2 All clauses of the General Terms and Conditions of Business finally regulate the contractual relations of the parties and replace – as far as legally permissible – all previous agreements or promises, unless their validity is expressly confirmed in written form by the Company.
8.3 Neither the late assertion of rights from these General Terms and Conditions nor the waiver of the enforcement of such rights in individual cases shall constitute an implied amendment of the General Terms and Conditions or a waiver of such rights on the part of the Company.
8.4 Should any of the above-mentioned conditions be or become invalid, the validity of the remaining conditions shall not be affected. In this case, the invalid provision shall be replaced by a provision which corresponds to the intended economic purpose in a legally permissible manner.
8.5 The Company shall store the Customer’s data in electronic form for the duration of the contractual relationship. It undertakes to comply with all data protection regulations applicable in the Federal Republic of Germany. In particular, the stored data of the seminar participant will not be made available to any third party without the participant’s express consent. Further information can be found in the company’s data protection declaration.
8.6 The place of jurisdiction for all contractual parties is, as far as legally permissible, the company’s registered office in the Federal Republic of Germany. German law applies. The contractual language is English.