procontrain GmbH, Berliner Platz 6, 25524 Itzehoe/Germany
Ust.-ID / VAT-ID: DE276019417 ● Registered at the Local Court of Pinneberg HRB 9101 PI
1. Scope of application
1.1 The following General Terms and Conditions apply to all legal transactions of the organizer under this contract with its contractual partner, hereinafter referred to as "Participant" in a gender-insensitive manner. "Participant" thus refers in all esteem to all participants (m/f/d).
1.2 The Participant shall be notified in writing of any amendments to these Terms and Conditions. They shall be deemed to have been approved if the participant does not raise an objection in text form. The participant must send the objection to the organizer within 2 weeks of notification of the changes.
2. Subject of the contract
2.1 The organizer offers coaching events and seminars. These can be attended by a maximum of:
A precise description and listing of the range of services shall be announced by the organizer on his website and in other media used by the organizer.
2.2 Principal services
3. Validity of the contract
3.1 Our site offers the possibility to make a non-binding reservation for a seminar or webinar via an email form. This reservation or its confirmation by us does not constitute a binding booking and therefore does not establish a contractual relationship regulated hereafter.
Such a reservation can be cancelled informally by email at any time without giving reasons. However, in the interest of mutual fairness, we expressly request that you do so.
3.2 A contract with the organizer is concluded by sending and confirming the completed and signed declaration of participation/booking form by post, by email or by completing and submitting the relevant booking form on the website.
3.3 Each participant will receive a confirmation or rejection email upon receipt of his/her declaration of participation/online booking.
3.4 The declaration of participation/booking is binding and can only be declared invalid after consultation with the organizer against payment of at least a processing fee of EUR 50.
Furthermore, the following cancellation deadlines and fees apply:
- from 6 weeks before the fixed date 50% of the fee
- from 4 weeks before the fixed date 75% of the fee
- from 2 weeks before the fixed date 100% of the fee.
The date of receipt of the cancellation is decisive for the calculation.
Provided the organizer agrees and corresponding dates are free, there is the possibility of a
possibility of rescheduling. However, there is no legal entitlement to this.
3.5 In the case of a group registration, the organizer shall conclude a participation contract with the person responsible for the participants or with the person authorized to give instructions about and for the group. This is also binding.
To place the order, it is sufficient to return the signed and stamped first page of the pro
signed and stamped first page of the procontrain offer.
3.6 The organizer reserves the right to cancel or terminate the event up to 4 weeks before the start of the event after exhausting all possibilities if this is not reasonable because the booking volume for this event is so low that the costs incurred in relation to this event would mean exceeding the economic sacrifice limit.
3.7 However, the organizer shall only be entitled to withdraw from the event if he can prove the circumstances leading to the withdrawal and has made the participant a comparable alternative offer. The participation fee paid shall be refunded immediately.
3.8 In the event of the Coach being prevented or falling ill at short notice, the organizer has the right to appoint an equally qualified substitute in the area of Business Coaching.
In the area of Life Coaching, the participant has the right to a new appointment with his/her previous coach. This rescheduling is free of charge.
3.9 In addition, the organizer shall reimburse the participant's booking expenses as a lump sum if the participant does not make use of the substitute offer.
4 Duration of Contract and Remuneration
4.1 The contract begins and ends on the specific and individually agreed date.
4.2 Payment modalities: The participation fee for the respective event is based on the current price table of the organizer at the time of conclusion of the contract.
The prices are either being published on the website or provided upon request.
The participant can pay by
Special terms of payment:
Online and offline coaching must always be paid in advance at least 7 calendar days before the date of performance.
4.3 If no advance payment is made, all payments are due 7 calendar days after invoicing without any deductions. If the payment dates are exceeded, the organizer shall be entitled to interest on arrears of 2% - above the reference interest rate of the European Central Bank in accordance with the Discount Rate Transition Act - without further reminder. The right to claim further damages remains unaffected.
4.4 Cash expenses and special costs incurred by the organizer at the express request of the Participant (travel costs, costs for accommodation) shall be charged in accordance with the statutory provisions applicable in Germany (travel costs) or at cost price (hotel and breakfast).
4.5 All services provided by the organizer are exclusive of the statutory value-added tax currently applicable in Germany at the rate of 19% if the service is provided in Germany, and exclusive of the statutory value-added tax applicable in the country concerned if the service is provided within the EU. The statutory value added tax applicable in each case shall be shown on the invoice and shall be paid by the participant with the gross amount. In the case of cross-border provision (online webinar or coaching) of services, no statutory VAT shall be charged.
5 Scope of services and unused services
5.1 The scope of services is determined by the respective contract between the organizer and the participant.
5.2 If individual services are not used by a participant, the organizer reserves the right to charge the entire participation fee nevertheless. This does not apply if the participant can prove that no or only minor damage has occurred.
In the event of illness or force majeure, the organizer shall not invoice the agreed service.
5.3 In principle, all online events take place on video conference platforms or other online collaboration platforms provided by the organizer.
The organizer does not assume any guarantee for the functioning and availability of these platforms.
availability of these platforms.
The organizer shall provide the Participant with the access data and, if necessary, further information on access in good time before the start of the Event.
If the event cannot take place in whole or in part due to connection problems, it will be rescheduled to another date free of charge for the participants, provided the organizer is responsible for this.
Should this not be possible, the full event price will be refunded within 7 calendar days to the means of payment used for the booking.
If the participant is responsible for technical problems, there is also the possibility of a rescheduling as a gesture of goodwill. However, there is no legal claim to this.
6 General conditions of participation
6.1 The participant shall be deemed to be in breach of contract if, despite a warning, he/she persistently disrupts the event, or if he/she behaves to a considerable extent contrary to good customs, so that a smooth running of the event cannot be guaranteed. In this case, the organizer reserves the right to exclude the participant from the event. The organizer reserves the right to charge the participation fee. The participant shall be at liberty to provide evidence of lower expenses.
6.2 The seminar leader/coach/trainer is authorized to give instructions to the participants for the duration and within the framework of the event.
6.3 Each participant shall separately sign a release from liability regarding personal injury and property damage due to participation in the seminar/coaching/training.
6.5 Participants undertake not to be under the influence of alcohol or other narcotics that may impair their ability to react and their physical well-being. In the event of violations of this, the organizer is entitled to exclude the participant from the event.
6.6 Prior to the event, the trainer/coach/seminar leader of the organizer must be informed of health problems and any illnesses so that the respective participant can be protected from harm in the best possible way.
6.7 In the event of recognizable health problems, the organizer is entitled to exclude the participant concerned from the event. The organizer reserves the right to charge the participation fee on a pro rata basis. The participant shall be at liberty to provide evidence of a lesser expense.
6.8 Events and seminars, especially those in the so-called outdoor area, are never without a residual risk. Each participant is only insured against accidents and rescue within the framework of his or her own accident insurance.
7. Duty of confidentiality
The organizer undertakes to maintain confidentiality about all company and business secrets of the participant/client for the duration of an event and also after its conclusion.
8.1 The organizer shall be liable only in cases of intent or gross negligence in accordance with the statutory provisions.
8.2 The information, recommendations for action and tips given during the events as well as all participant documents provided by procontrain are given or made available to the best of procontrain's knowledge and belief. Liability and warranty for the correctness, topicality, completeness and quality of the contents are excluded.
The organizer and all coaches employed by it are not liable for decisions and actions of the participants following the respective event.
9. Other provisions
9.2 The place of performance is the District Court of Pinneberg, Germany. German law of the Federal Republic of Germany shall apply.
9.3 Should individual provisions be invalid or unenforceable, this shall not affect the validity of the remaining provisions. A valid and enforceable provision shall then apply which most closely approximates the purpose of the original provision.
Itzehoe, June 21. 2021