Terms and Conditions for In-Person Courses
Terms and Conditions for In-Person Courses
1. Scope
The followingTerms and Conditions govern the contractual relationship between
Semper Fidus GmbH
August-Mohl-Str. 13
95030 Hof
(hereinafter “Provider”)
and the customers (hereinafter“Participants”) regarding the booking and participation in in-person courses for adults offered by the Provider. These Terms and Conditions apply to all contracts for individual course bookings, unless otherwise agreed in writing in individual cases.
By registering for a course, the participant agrees to be bound by these Terms and Conditions. Any conflicting terms and conditions of the participant shall not form part of the contract unless the provider expressly agrees to their validity in writing.
2. Registration Process and Contract Signing
The listing of courses on the provider’s website, in brochures, or in other informational materials doesnotconstitutea binding offerby the provider, but rather aninvitation to the participant to submit a booking request (contractual offer).
Registration for a course can be completed online using the provided form, by email, in writing, or, if necessary, by phone. Any registration submitted by the participant constitutesa binding offerto enter into a contract for participation in the selected course.
The contract is not concluded until the provideraccepts the offer. Acceptance generally takes the form of a written confirmation of registration (e.g., via email) or a request for payment of the course fee.
Registrations will be processed in the order in which they are received. The provider reserves the right to decline a course registration, particularly if the course is fully booked or if the participant does not meet the specified eligibility requirements. In such cases, no contract will be formed, and any fees already paid will be refunded immediately.
If no confirmation of registration is received within five business days of receipt of the registration—or, in the case of last-minute registrations (less than 7 days before the course begins), no confirmation is received at least 24 hours before the course begins—the participant is no longer bound by their registration.
3. Terms of Payment, Due Date, and Default
The participation fee (course fee) for each course is listed in the published course description. All prices are per participant and include the applicable sales tax (VAT).
Unless otherwise agreed, the participant will receive an invoice (by email or mail) after registration. The course fee is due immediately upon receipt of the invoice, but no later than the due date specified on the invoice, without any deductions.Participation in the course is onlypossibleafter full paymentof the course fee; the provider is entitled to exclude the participant from the course if payment has not been received by the start of the course.
If the payment deadline is exceeded, the participant is indefault even without a reminder. Default occurs automatically no later than 30 days after receipt of the invoice, unless a reminder has already been issued or a calendar-based payment deadline has expired (Section 286 of the German Civil Code (BGB)). In the event of default, the provider is entitled to charge default interest at the statutory rate (currently 5 percentage points above the base rate for consumers).
The Provider may charge a flat-rate reminder fee for each reminder (typically €5.00 per reminder letter). The Participant is entitled to prove that the Provider incurred no damage at all or only significantly less damage. If payment is not made even after thesecond reminder, the Provider is entitled to refer the claim to a collection agency or to take legal action. The participant shall bear all reasonable costs incurred in this regard, provided that the participant is responsible for the delay in payment.
4. Withdrawal and Cancellation by Participants
For bookings of courses that take place on aspecific dateor during aspecificperiod (recreational events), consumersdo nothavea statutory right of withdrawalin distance selling (§ 312g(2)(9) BGB). This means that the participant cannot withdraw from the contract within 14 days if the booked course takes place on a fixed date or during a fixed period.
Regardless of this, the provider grants the participant the following contractual right of withdrawal (right to cancel):
- Cancellation up to 4 weeks (28 calendar days) before the course begins:The participant may withdraw from the contract free of charge. Any course fees already paid will be refunded in full.
- Cancellation between 4 weeks and 2 weeks (14 calendar days) before the course begins:50% of the course fee is due (equivalent to a 50% refund of any fee already paid).
- Cancellation less than 14 calendar days before the course begins or failure to attend:The full course fee is due; no refund will be issued.
The participant must submit the notice of cancellation to the provider inwriting(e.g., by email or letter). The date on which the provider receives the notice of cancellation determines whether the deadlines have been met. Upon request, the provider will confirm the cancellation in writing to the participant.
Instead of canceling, the participant may, no later than2 business days before the course begins, designate a suitablesubstitutewho will take over their registration, provided that the substitute meets the participation requirements and is accepted by the provider. In this case, the original participant will not incur any cancellation fees, and any course fees already paid will be credited to the substitute participant (the original participant will not receive a refund, as the substitute participant assumes the contract).
5. Minimum number of participants, course cancellations, and make-up dates
The provider may set aminimum number of participantsfor courses, which will be explicitly stated in the course description. If the required minimum number of participants is not reached, the provider is entitled to cancel the course. In this case, the provider will notify registered participants of the cancellation no later than 7 calendar days before the scheduled start of the course.
The provider will endeavor to offer participants analternative dateor to allow them to attend a comparable event at no additional cost. If the participant does not accept the alternative offer or if an alternative date cannot be arranged, the provider will refund any course fees already paid in full.
Regardless of the minimum number of participants, the provider reserves the right to cancel a course forcompelling reasonsbeyond its control. These include, in particular, casesof force majeure(e.g., extreme weather conditions, natural disasters, epidemics/pandemics, official orders) as well as the unforeseenabsence of the course instructor(e.g., due to sudden illness or accident), provided that no equivalent replacement can be provided. In such a case, the provider will inform the participants immediately and—where possible—offer an alternative date. If no alternative date can be arranged or if the participant is unable to attend the alternative date, any course fees already paid will be refunded in full. Further claims by the participant due to a course cancellation are excluded—in particular, there is no entitlement to reimbursement of travel or accommodation costs—provided the provider is not at fault for the cancellation.
6. Rights and Obligations of Participants
Participants are required to provideaccurate informationwhen registering and to notify the provider immediately of any changes to their personal information (e.g., contact details). They must also ensure that they meet anyparticipation requirements(such as required prior knowledge, minimum age, or necessary equipment). The participant certifies that they meet these requirements and are physically capable of participating in the course. The participant must inform the provider or course instructor of any existing health restrictions or risksbefore the course beginsso that appropriate precautions can be taken or advice provided.
Participants agree totreatone another and the instructors/trainerswith respect. In particular, harassment, discrimination, or aggressive behavior toward other participants or staff is prohibited. Participants must always follow the instructions of the course instructor and other staff members of the provider. The facilities at the course location and all materials provided by the provider must be treated with care. The participant is liable forany damagecaused intentionally or through negligence to the property of the provider or the venue (compensation for damages in accordance with statutory provisions). Bringing animals into the course rooms is permitted only with the prior express consent of the provider.
7. Rights and Obligations of the Provider
The Provider undertakes to conduct the courses as announced and to provide the contractually agreed services. The training sessions are led by qualified instructors or lecturers. The Provider may also engage suitableagentsor external lecturers to provide the services. The participant has no right to have the course conducted by a specific person, unless this has been expressly guaranteed. The Provider is entitledto make minor adjustments to thecourse schedule, location, or time, provided there are objective reasons for doing so, the changes are reasonable for the participants, and they do not significantly alter the overall nature of the event. The Provider will inform participants in a timely manner of any necessary changes (e.g., a change in lecturer, room, or a slight time shift).
The provider delivers its services with due care and to the best of its knowledge and belief. However, the provider does not guaranteea specific learning outcomeor the achievement of a particular course objective, as these depend largely on the participant’s personal commitment and abilities. The Provider assumes no liability for the accuracy, timeliness, or applicability of the course content; the material is taught to the best of the Provider’s knowledge, but it is the Participant’s responsibility to implement and apply what has been learned.
8. Disclaimer
The provider shall be liable fordamages—regardless of the legal basis—only in accordance with the following provisions, subject to the applicable statutory provisions:
- Unlimited Liability:The Provider shall be liable without limitation in cases of willful misconduct or gross negligence, for intentional or negligent injury to life, limb, or health, when a guarantee is given, and in cases of mandatory statutory liability (e.g., under the Product Liability Act).
- Liability for slight negligence:In the event of a breach of a material contractual obligation (a so-called cardinal obligation) due to slight negligence, the provider’s liability is limited to the amount of foreseeable damage typical for this type of contract. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the participant may reasonably rely.
- Disclaimer in Other Cases:Subject to the provisions above, the Provider shall not be liable for any further damages. The above limitations of liability also apply to the Provider’s legal representatives, employees, and agents.
Participants are responsible fortheir own actions and personal belongingsduring the course. The provider assumes no liability for the loss, theft, or damage of participants’ personal property at the course location, unless such damage was caused by the provider or its agents through willful misconduct or gross negligence.
9. Privacy Policy
The Provider collects and processes the participant’s personal data in accordance with applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Personal data required for the conduct of the course and the fulfillment of the contract (e.g., name, address, email address, phone number, date of birth, and payment information) is collected, stored, and used by the Provider for these purposes. Data will only be disclosed tothird partiesto the extent necessary for conducting the course (e.g., to the responsible course instructor or a partner at the venue) or if the provider is legally obligated to do so. Without the participant’s express consent, the data will not be used for other purposes—such as sending promotional materials.
The participant has the rightto request informationabout the personal data stored by the provider and, if such data is inaccurate, to insist on its correction. Furthermore, within the framework of legal requirements, the participant has the right toerasureor restriction of processing, as well as the right to object to the processing of their data. To exercise these rights, the participant may contact the provider using the contact information provided in the legal notice. Further information on data protection, in particular regarding the participant’s rights as a data subject and the duration of data storage, can be found in the provider’s separateprivacy policy.
10. Copyright Protection of Course Materials
Alldocuments, handouts, presentations, and other course materials provided by the provider in connection with the course are protected by copyright. Unless otherwise noted, all intellectual property rights in these materials belong to the provider or the respective copyright holder.
The participant is granted a simple, non-transferable right of use to the course materials—exclusively forpersonal useand for the purpose of participating in the booked course. In particular, without the prior written consent of the provider, the participant is not permitted to reproduce, distribute, make publicly available, or otherwise make the provided materials and content available to third parties outside the course, either in whole or in part.
It is also prohibitedto recordthe course in whole or in part (e.g., via audio or video recordings), unless expressly permitted by the provider in individual cases. Participants may also use digital course content (e.g., presentation slides provided electronically) only for their own use within the scope of the contract and may not disclose such content to third parties without the provider’s consent.
11. House Rules for In-Person Events
The provider or its representatives (e.g., the course instructor or event coordinator) have therightto enforcehouse rulesat the event venue. Participants must follow the instructions of the provider, the course instructor, and other staff members. Thehouse rulesof the respective venue apply on site, as well as any additional rules of conduct specified by the provider, which will be communicated at the beginning of the course.
The provider is entitled to exclude participants who significantly disrupt the course or violate instructions or applicable rules of conduct at the venue from further participation in the course, either in whole or in part. Such a measure is generally taken after a prior warning; in the case of serious violations (e.g., endangering others or intentional damage to property),exclusionmay also take effect immediately without prior warning.
In the eventof expulsion for good cause attributable to the participant, there is no entitlement to a refund of course fees already paid. Any further claims by the provider remain unaffected. In particular, the provider may demand that the participant compensate for any damages resulting from the participant’s culpable misconduct (e.g., costs for damaged property).
12. Final Provisions
The language of the contractis German. The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the participant is a consumer residing in another EU country, the mandatory consumer protection provisions of that country remain unaffected by the choice of law and apply in addition.
If the participant isa merchantas defined by the German Commercial Code, a legal entity under public law, or a special fund under public law,the place of jurisdictionfor all disputes arising from this contractual relationship shall be the provider’s registered office. In all other cases, the statutory provisions regarding place of jurisdiction shall apply.
Any amendments or additions to the contract or these Terms and Conditions must be made inwriting(e.g., via email), unless a more stringent form is required by law. No verbal side agreements have been made. This also applies to any amendment to the written form requirement itself.
If any provision of these Terms and Conditions is or becomesinvalid or unenforceable, in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision. The same applies in the event of agap in the contract.