Services

Standard Terms of Business

of Bucerius Education GmbH for Public Seminar Events

(as in November 2016)

1. In General
These standard terms of business apply to the entire business relationship between Bucerius Education GmbH and the participants in its public seminar events. "Public Seminars" are events that are publicly offered as seminars in brochures or in the context of the Internet presentation of Bucerius Education GmbH under www.bucerius-academy.de and www.bucerius-education.de. Seminars and events individually offered by Bucerius Education GmbH to a client, as a company-internal or office-internal program, are not covered by these standard terms of business.
 
All formulations referring to the male gender are intended to apply equally to persons of both genders.

The contract language is German.

 
2. Contract Partner
The provider of the open seminars and your contract partner in the event of conclusion of a contract is:

Bucerius Education GmbH
Jungiusstraße 6, D 20355 - Hamburg
Tel.: +49 40 30706-267
Fax: +49 40 30706-269
E-mail: bucerius-education(at)law-school.de
www.bucerius-education.de

Hamburg District Court »Amtsgericht«, HRB 91658
Taxpayer's Reference Number: 17/837/00715
VAT Identification Number (USt.-IdNr.): DE814159820

Managing Directors: Dr. Patrick Schroer, Maike Lütkens

Subject Matter of the Contract

Seminars in accordance with the description on the Internet site www.bucerius-education.de.

 
3. Fees and Services
The fee for the respective seminar is given in the description on www.bucerius-academy.de and www.bucerius-education.de. It is also shown at the end of the ordering procedure. The fee is given as a gross sum, which includes the turnover tax valid at the time of the application.

Unless otherwise explicitly stated in the description, the seminar fee covers participation in the event, as well as all materials, documents and certificates of participation in printed form. Other services, such as lunch or dinner and refreshments in the breaks, are only included in the seminar if they are contained in the seminar description. Travelling costs to and from the seminar and any accommodation costs must be borne by the participant himself.

In the case of Online-seminars the seminar fee includes access entitlement to the seminar by means of an Internet browser for the period indicated in the description, plus all materials and documents in electronic form. At his own cost, the participant must provide a computer, a tablet computer or some other device permitting online participation, via a standard and current Internet browser, that allows a sufficiently dimensioned Internet connection for video-supported and audio-supported online interaction. The participant is recommended to test the functional capacity of his computer and other devices in good time, before the commencement of the online seminar. Depending on the description of the online seminar, the participant can actively take part in the online seminar per chat or per microphone. If, according to the description, the online seminar is offered in the form of a teaching or training video, the participant can play this back as often as he wants within the given period of at least two weeks – though outside the server maintenance times indicated under point 11 – without being able to participate actively per chat or microphone.

The seminar fee will be invoiced after confirmation of registration has been sent. The fee is due immediately on receipt of the invoice and must be transferred to the account given in the invoice within 14 days at the latest. In this connection the name of the participant and the invoice number must be given. If full payment has not been received by the third day prior to the event and no corresponding proof of payment by the participant can be provided, Bucerius Education GmbH reserves the right to refuse participation in the seminar.

 
4. Application and Conclusion of Contract
Application for a seminar is made online or else in writing – per letter, fax or e-mail – using our application form and in each case subject to recognition of these standard terms of business. In using our application form you have the opportunity to check that your disclosures are correct and complete, and to make any necessary corrections, before sending off the form. The application to take part in a seminar constitutes a binding offer to conclude a contract on participation in the seminar in question. This offer can be accepted by Bucerius Education GmbH by sending an acknowledgement of receipt within 14 days. Apart from such explicit acceptance, the offer is also held to have been accepted if Bucerius Education GmbH does not declare its refusal within 14 days of receipt of the application. The registration form is stored by us electronically and can be made available to you electronically upon request. In cases of application to an online seminar, you will receive, at the time of conclusion of contract or immediately thereafter, the access data to our teaching-management platform, from which our services can be called up and on which the online participation takes place. To take place in online seminars you must name your e-mail address and choose a password.

 
5. Communication
The communication between Bucerius Education GmbH and the participants invariably takes place by e-mail, unless some other form of communication has been explicitly agreed on. To this end participants must provide Bucerius Education GmbH with an e-mail address as part of their current contact data. Bucerius Education GmbH must be notified by the participant immediately of any changes in the contact data. The e-mail correspondence takes place uncoded. Participants must also ensure that their e-mail address is protected against access by unauthorized third parties and that the receipt of e-mails from Bucerius Education GmbH is not prevented for reasons that lie within their control (e.g. a full post box, a spam filter, etc.).


6. Right of Revocation
Customers in the sense of section § 13 of German Civil Code »Bürgerliches Gesetzbuch (BGB)« (a natural person who places the order for purposes that cannot be attributed to his commercial or self-employed, professional activities) have a right of revocation in accordance with the statutory regulations. The individual regulations applying to the right of revocation are those given in the following

a. Instruction on Revocation

Instruction on Revocation Right of Revocation
You have the right to revoke this contract within fourteen days without having to give any reasons for doing so. The revocation period is fourteen days as from the day of conclusion of contract. To exercise your right of revocation, you must send us,

Bucerius Education GmbH
an der Bucerius Law School
Jungiusstraße 6
D 20355 - Hamburg
Tel.: +49 40 30706-267
Fax: +49 40 30706-269
E-mail: bucerius-education(at)law-school.de,

an explicit declaration (e.g. in a letter sent by post, by fax or by e-mail) of your decision to revoke this contract. To this end you can make use of the sample revocation form attached, though this is not a requirement. To satisfy the revocation deadline it is sufficient that you send off your notification as to the exercising of the right of revocation before expiry of the revocation period. Consequences of the Revocation If you revoke this contract we must immediately return to you all payments received from you, including delivery costs (with the exception of additional costs resulting from a decision made by you in favour of another type of delivery than the most favourably priced standard delivery customarily offered by us), and at the latest within fourteen days of the date on which we received notification of your revocation of this contract. For this repayment we will make use of the same means of payment used by you in the original transaction, unless some alternative agreement has been explicitly reached with you. On no account will you be charged for this repayment. If you have demanded that the services begin during the revocation period, you must pay us a reasonable sum that corresponds to that share of the whole, equivalent to the services provided up to the time at which we were notified by you of your exercising of the right of revocation with respect to this contract, as compared to the overall extent of the foreseen services covered by the contract.

– End of the Instruction on Revocation –

 
b. Sample Revocation Form

For revocation you can make use of the sample revocation form attached, though this is not a requirement.

Sample Revocation Form (If you want to revoke the contract, please fill out this form and send it back to us) To:

Bucerius Education GmbH
an der Bucerius Law School
Jungiusstraße 6
D 20355 - Hamburg
Tel.: +49 40 30706-267
Fax: +49 40 30706-269
E-mail: bucerius-education(at)law-school.de

I/We (*) hereby revoke the contract concluded by me/us (*) on the provision of the following service (*) - ordered on (*) / received on (*) - name of the consumer(s) - address of the consumer(s) - signature of the consumer(s) (only in cases of notification on paper) - date _______________ (*) delete where inapplicable


7. Cancellation and Rebooking
Rebooking or cancellation of the participation is possible by letter, fax or e-mail up to three months before the commencement of the seminar, at a flat-rate cost reimbursement of EUR 35.00 incl. VAT payable to Bucerius Education GmbH. In the event of rebooking or cancellation less than three months, yet more than one month, prior to the commencement of the seminar, the participant must pay a third of the seminar fee. In the event of rebooking or cancellation within a month of commencement of the seminar, the participant must pay the full fee, as in cases of non-participation or occasional participation only.

In cases of seminars with a duration of less than eight weeks, the regulations of the previous paragraph apply correspondingly, though with the following deviating periods: in the event of rebooking or cancellation up to a month before commencement of the seminar only the cost flat rate of EUR 35.00 incl. VAT is due; in the event of rebooking or cancellation less than a month, though at least a week, before commencement of the seminar, the participant must pay a third of the seminar fee; and otherwise, the full fee is due.

The obligation to pay a third of the seminar fee or the full seminar fee does not apply to the extent that the contract partner can prove that less damage is suffered by Bucerius Education GmbH due to the rebooking or cancellation. The decisive factor in determining the date of rebooking or cancellation is the day of receipt, by Bucerius Education GmbH, of the notification sent by letter, fax or e-mail.
A substitute participant can be named at any time and without the any cost flat rate being due, provided this takes place in good time before the commencement of the seminar such that the substitute participant can be taken account of; in this case the full seminar fee is due from the substitute participant.

In the event of online teaching or training videos, the time of the first call-up possibility for the participant replaces the date of commencement of the seminar.

The right of revocation (point 6) is not affected by the regulations of point 7.

 
8. Program Changes and Cancellations
Bucerius Education GmbH reserves the right to make program changes provided the essential concept of the event remains basically unaltered. Changes of lecturers, insignificant changes in the order of the event or a reasonable change in the venue of the event do not constitute a reason for price reduction or for withdrawal from the contract, provided these changes do not significantly alter the use of the event for the participants.

If Bucerius Education GmbH is compelled to cancel an event due to failure to reach the minimum number of participants required, or in cases of force majeure such as natural catastrophe, illness of the lecturer, or unforeseeable occurrences, no right to holding of the seminar exists. In this case the participants will be refunded the full seminar fee immediately.

Participants will be informed immediately about program changes or cancellation. In the latter case Bucerius Education GmbH will make efforts to offer substitute dates.

 

9. Documents, Certificate of Participation, Data Protection
The documents and work material made available to the participants in electronic or in printed form are protected by copyright. The holder of the rights is Bucerius Education GmbH. The documents and work material are intended solely for cooperation in the respective events and for private use by the participants. Participants are not permitted to pass on the documents, work material or access data to third parties, or to otherwise circulate them.

Participants are given a certificate of participation by Bucerius Education GmbH. In specially identified cases, this can serve as proof of compulsory vocational training in keeping with section § 15 of German Legal Order for Specialized Lawyers »Fachanwaltsordnung (FAO)«.

The names and data of the participants will be processed and stored in keeping with the applicable data-protection regulations. The participants state their consent to this in the registration form. The names can be made available to the other participants – subject to the granting of separate consent in the registration form – via a list of participants.

For purposes of implementing its online offer, as well as for advertising and for future information on offers of seminars and events, and for their evaluation, Bucerius Education GmbH makes use, in some cases, of external third parties / service companies. These service companies are carefully selected. The confidential and secure handling of person-specific data by the service companies is ensured by corresponding contracts and regular checking of the service companies. Furthermore, Bucerius Education GmbH, on principle, does not pass on stored data on the participants, transferred via the registration form and in the context of the evaluation, to third parties, unless it is legally compelled to do so in individual cases on the basis of a ruling by a responsible public body or a state facility. You can find further details on the handling of your data in the data-protection statement made by Bucerius Education GmbH.

Each participant has the right to revoke his consent to the storage and use of his data at any time, and to reject the future sending of information material. The revocation is to be sent – in writing or by e-mail – to:

Bucerius Education GmbH
an der Bucerius Law School
Jungiusstraße 6
D 20355 - Hamburg
Tel.: +49 40 30706-267
Fax: +49 40 30706-269
E-mail: bucerius-education(at)law-school.de

 
10. Hotel Bookings
Reservation of hotel rooms is to be undertaken independently by each of the participants as a self-payer. Upon request, Bucerius Education GmbH will send the participant information on its hotel contingents at privileged conditions, and on accommodation in the vicinity of the venue. Bucerius Education GmbH is not obliged to provide either hotel contingents or privileged conditions for hotel contingents.

 
11. Accessibility of the Online Platform
We make efforts to help ensure that our offers and services remain accessible, online, at all times. Due to necessary maintenance and servicing work, as well as to unforeseeable technical problems, however, it can happen that our online platform is occasionally not available. We reserve the right to close the online platform for maintenance and servicing work daily in the period from 3:00 a.m. until 6:00 a.m. ("switch-off period"). In addition to this we are entitled, in urgent cases and when we see no alternative, to undertake maintenance and servicing work outside the above-mentioned switch-off period, even though this may temporarily limit the usability of our online platform. In such circumstances we will show consideration to the interests of the users as far as possible.

 
12. Liability of Bucerius Education GmbH
Bucerius Education GmbH accepts no liability for damage resulting from force majeure, uprisings, acts of war or natural occurrences, or from other occurrences for which it is not answerable (such as strike, lockouts, traffic disturbances, or acts of high authority at home or abroad).

In the event of violation of contractual or non-contractual obligations Bucerius Education GmbH accepts liability in keeping with the relevant statutory regulations, unless some other agreement is subsequently reached. As regards compensation, Bucerius Education GmbH accepts liability – regardless of the legal grounds – for malintent and for gross negligence. In cases of slight negligence Bucerius Education GmbH will only be liable for damage from injury to life, to limb or to health, and for damage arising from violation of an essential contractual obligation (an obligation on the fulfilment of which the proper and orderly implementation of the contract is dependent and on compliance with which the contract partner regularly trusts and is entitled to trust); in the latter case, however, liability is limited to restitution of damage that is not unforeseeable or untypical in the circumstances.

 
13. Liability of the Participants
If, due to culpable behaviour, a participant contributes towards the occurrence of damage, the principles of partial responsibility will determine the extent to which Bucerius Education GmbH and the participant are to bear the damage.

 
14. Place of Performance
The place of performance chosen for the holding of seminars by Bucerius Education GmbH is in each case the venue indicated in the description on www.bucerius-education.de and on www.bucerius-academy.de; for online seminars and otherwise, the place of performance is Hamburg.

 
15. Online Resolution of Disputes
The European Commission has a platform for resolving disputes online. The platform can be found under https://webgate.ec.europa.eu/odr/ .

 
16. Application of German Law, Place of Jurisdiction
German law applies to the business relationship between the participants and Bucerius Education GmbH. The sole place of jurisdiction is Hamburg, provided agreement on this is permissible.

 
17. Ancillary Agreements
Ancillary agreements and agreements that differ from these standard terms of business require the written form. This also holds for any annulment of the written-form requirement.


18. Final Clause
Should one of the provisions of these standard terms of business prove to be ineffective or impracticable, whether at present or at some future date, the legal force of the remaining provisions will be unaffected by this. In place of the ineffective or impracticable provision an effective and practicable provision that commercially most closely approaches the desired objectives of the parties will be regarded as agreed on.


Download Standard Terms of Business of Bucerius Education GmbH for Public Seminar Events