General Terms and Conditions of Huth Sport Marketing GmbH
The following terms and conditions will form an integral part of each and every training course concluded with us. Deviations require a special agreement and do not affect the business conditions not affected by them.
1. Completion of the course contract
By signing up for a course, you offer us a binding contract. You are bound to this offer for 14 days. The contract shall come into effect upon acceptance of the application by us; it is in the confirmation of the application, the scope of the service and the course price.
If our confirmation differs from your application or takes place after expiry of the binding period, it shall be deemed to be an offer to you, which is binding for 14 days and can be accepted by you within this period.
The offer and acceptance of the course contract do not require any special form; they can also be sent by fax or e-mail. The binding period of 10 days commences on the day following receipt of an explanation by the recipient; it does not extend if its end falls on a Saturday, Sunday or legal holiday at the seat or residence of the recipient.
2. Payments to the course price
A deposit of 20% is due on the course price 14 days after receipt of the confirmation. The rest has to be paid 30 days before the start of the course. Payments are timely if they are received within one of our accounts within the set deadlines.
Payments can only be made in cash or by bank transfer. A different payment method is not possible.
If payments due are not paid or not fully paid and if you do not pay after a postponement with a grace period, Para. 5.
3. Services, prices
The scope of our contractual services is set out in the performance specifications in the prospectus, on the Homepa ge and possibly further details in the confirmation according to the German Commercial Code. Para. 1.1.
The granting of accommodation and meals during the course is only part of the course contract if agreed upon at your request. To this extent, however, we are also willing to negotiate contracts with other providers without charge.
4. Performance and price changes
Deviations from the agreed content of the course contract are permissible if we consider them necessary or reasonable and do not incite them in good faith, they do not have a considerable scope and do not affect the overall cut-off of the booked course.
An increase in the course price is permissible if there is more than four months between the conclusion of the contract and the start of the course. In case of a price increase of more than 5%, you are entitled to withdraw from the training contract without compensation.
5. Rescission of the participant
You can withdraw from the training contract at any time before the start of the course. In this way, we lose the right to the course price. However, we can demand reasonable compensation. It consists in the course price after deduction of the expenses saved by us and a different possible use of the agreed services.
In lieu of a specifically calculated compensation, we may charge a cancellation fee in the following stages: - 50 days before the start of the course 20% of the course price - from 49 days to 31 days before the start of the course 50% of the course price - from 30 days up to the beginning of the course Course 100% of the course fees.
You are not denied the right to prove that your withdrawal has resulted in no or less damage than the one that has been thrown out.
6. Rebooking, entry of a substitute participant
A transfer of your choice to another or future course of the same type is to be considered as an application for a change of the course contract. In general, we are not obliged to comply with this rebooking requirement. However, we endeavor to deviate from this in a justified exceptional case and to seek a fair balance of interests. If this is not possible, Para. 5 with the consequences described therein.
Until the start of the course, you may place a substitute who enters into the rights and duties of the course contract for you. However, we only have to accept this if the substitute participant is suitable and, in particular, meets the technical level for participation in the course you have booked.
7. Cancellation of the organizer
We are entitled to withdraw from the training contract 30 days before the start of the course if a minimum number of participants required in the respective service description is not reached. The right to rescind the contract does not exist, however, if we have culpably caused this condition.
After you have declared your rescission, you will be refunded the already paid payments to the course price.
8. Termination due to force majeure
If the course is severely impaired, impaired or impaired by force majeure, which was not foreseeable at the time the contract was concluded, both parties may terminate the training contract.
With the termination we lose the right to the course price. We are not entitled to any compensation for the costs incurred in the course of the course. In the opposite direction, you will not be entitled to claim compensation for the costs arising from the preparation for the course.
9. Procedure for power disturbances
If a service which we owe is not carried out or is not provided in accordance with the contract, you may request remedial action. It can only be refused by us if a disproportionate effort is required.
Upon completion of the course, you may claim an appropriate reduction in the course price as long as the course is subject to defects. However, you are entitled to this claim only if you have notified the deficiencies without delay and we have therefore been able to remedy the situation.
If the training course is significantly affected by defects, and if we do not remedy the defect within a reasonable period, we can terminate the training contract. The determination of a deadline is not necessary if remedy is impossible or is refused by us or the termination of the contract is justified by a special interest.
We can terminate the training contract if you continue to interfere with the execution of the contract and continue the disruption after a warning. The same applies if you otherwise behave contrary to the contract, that the continuation of the contract is not reasonable for us.
In the case of a termination pursuant to Art. Section 9.3, you only owe us the part of the course price, which is attributable to the services you use, and only if these services were of interest to you. An existing overpayment will be refunded. In the case of a termination pursuant to Art. Section 9.4, we retain the course fee after deduction of possible benefits from your failure. The remaining balance is returned to you.
10. Liability, exclusion period, limitation period
We are fully liable for all damages resulting from the violation of our lives, body or health, which are based on a breach of duty by our management, an employee or a contractor connected with us and established in the training course, without regard for the degree of fault. The same applies to other damages, if caused by intent or gross negligence; in the case of slight negligence, our liability is limited to the amount of the course price.
Contractual claims and tortious claims for property damage become time-barred after one year from the statutory start of limitation. The statutory time limits apply to the limitation of other claims.