General Terms and Conditions
Institute Online Mediation IOM – Anne Rickert
§ 1 General
1.1 These terms and conditions are the basis of my events and services. IOM provides all services to the contractual partner exclusively on the basis of this service agreement agreed between the parties or according to the offer.
1.2 The contracting parties are consumers and entrepreneurs.
Consumers in the sense of the Terms and Conditions are natural persons with whom a business relationship is entered into without a commercial or self-employed professional activity being attributable to them. IOM services are only available to consumers if they have their billing and delivery address in Germany and have reached the age of 18. Entrepreneurs in the sense of the Terms and Conditions are natural or legal persons or partnerships with legal capacity.
1.3 Deviations as well as changes and additions to these terms and conditions must be made in writing.
§ 2 Services
2.1 IOM training services are offered in the form of face-to-face training (in-house at the customer’s premises or at another venue), as pure online training (in a virtual room) or blended learning (mix of face-to-face and live online training). Information on individual offerings can be found in the training descriptions on the IOM website.
2.2 IOM mediations are offered in the form of face-to-face mediation (on-site at the client’s premises or at another location), live online mediation in a virtual room or hybrid mediation (mix of face-to-face mediation and live online mediation).
2.3 IOM consulting and research services are first agreed with the contracting party and form part of the contract as an individual contractual agreement.
§ 3 Conclusion of contract
3.1 The registration and/or order by the customer must be made either in writing (e-mail) or online via the IOM website. With the registration or order the customer declares his binding contractual offer to participate in the training/seminar and/or to book the ordered training/seminar. The customer receives an electronic registration confirmation from IOM after verification and thus the contract is concluded. The execution of the order shall also be deemed to be acceptance of the contract.
3.2 Participant places are limited and will be allocated in the order of registration.
3.3 The contracting party is obliged to check the order confirmation for correctness immediately after receipt and to object in writing within 7 days in the event of any discrepancies.
§ 4 Right of revocation
As a consumer, you may revoke your contractual declaration in writing within 14 days without stating any reasons. It is also granted in the case of transmission by electronic data transfer or by distance selling. The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of the IOM information obligations according to Art. 246 EGBGB. In the case of contracts in electronic commerce (§ 312e para. 1 clause 1 BGB) also not before fulfilment of IOM obligations according to § 312e para. 1 clause 1 BGB in conjunction with § 3 BGB-InfoV.
To meet the deadline, it is sufficient to send the revocation in time to:
Institute Online Mediation – Anne Rickert, Lenaustr. 13, 70193 Stuttgart, firstname.lastname@example.org
Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered.
Expiry of the right of withdrawal: The right of withdrawal shall expire if IOM has commenced the performance of the service with the express consent of the consumer before the end of the withdrawal period or if the consumer has arranged for this himself.
END OF THE RIGHT OF CANCELLATION
§5. rights of withdrawal & cancellations
Cancellation of in-house training and on-site consulting services
If the contracting party wishes to postpone the date for the implementation of an in-house/presentation or blended learning event or on-site consulting at the customer’s premises, this is possible free of charge, provided that IOM receives a corresponding written notification (e-mail is sufficient) no later than four (4) weeks before the originally scheduled date. However, the appointment can only be postponed once by a maximum of three (3) months. IOM will propose several alternative dates to the Customer, taking into account any implementation period requested by the Customer.
The Customer may nominate substitute participants free of charge up to 24 hours before the start of the event. In addition, the following cancellation deadlines and fees apply
- up to 4 weeks before the event: no cancellation fee
- up to 2 weeks before the event: 25% of the event price/fee
- less than two (2) weeks before the event: 50% of the event price/fee
- less than 4 working days before the event or in case of non-appearance: 100% of the event price/fee.
If a contractual partner does not make use of the full service, there shall be no claim to reimbursement for the unused part.
Cancellation of open training (series) and webinars
Notwithstanding a statutory right of cancellation, the contractual partner may withdraw from the contract up to the start of the training measure and name a substitute participant free of charge up to 24 hours before the event date. For open training offers and events, the following withdrawal periods and fees apply:
- up to 2 weeks before the start of the event: no cancellation fee
- less than two (2) weeks before the event: 25% of the event price
- up to 6 working days before the event: 50% of the event price
- within the last 3 working days or in case of no-show: 100% of the event price
Cancellation of mediation appointments
Written confirmed appointments for face-to-face, online or hybrid mediations can be cancelled in writing free of charge up to six (6) working days before the agreed date. The client can name a replacement appointment once, otherwise IOM will charge for the preparation work already done.
The following deadlines and fees apply for cancellations
- up to 3 working days before the mediation date: 25% of the fee for the scheduled session
- less than 3 working days before appointment: 50% of the fee of the scheduled session
- within the last working day before the appointment or in case of no-show: 100% of the fee
5.2 If a training offer consists of several individual dates (training series), the start date of the training series shall be the start date of the first event. After expiry of the cancellation period prior to the start of the first event, subsequent events in the training series can also no longer be cancelled.
5.3 In the event of cancellations or cancellations, IOM is entitled to charge any expenses for cancellations or cancellation fees for travel and accommodation costs in full, irrespective of the aforementioned deadlines.
5.4 The receipt of a written cancellation letter or e-mail by IOM is decisive for compliance with the deadlines.
6.1 Prices (training/seminar fees, honoraria,…) shall be specified in the service agreement/offer. All prices are net prices plus the applicable value-added tax, unless otherwise stated.
6.2 The training/seminar costs include the participation fee, working documents and certificate of attendance or certificate.
6.3 Invoices for open trainings and webinars will be issued after registration for an open event. Invoices for in-house trainings, facilitation, consulting and mediation services will be issued after the service has been provided. Invoices are due for payment within 14 days without deduction.
6.4 Incidental costs for in-house or face-to-face trainings, face-to-face mediations and consultations shall be charged in addition to the agreed fee as follows:
- Travel costs: train tickets, flat rate for kilometres 0.40 €/km, transfer costs (taxi, local public transport)
- Overnight stay (as incurred)
- Daily meals (flat rate according to incidence)
- Costs incurred in connection with the provision of a venue.
6.5 If the contracting party defaults on a payment, IOM reserves the right to claim damages for default (e.g. collection fees, reminder fees, default interest).
§7 Implementation & Cancellations by IOM
7.1 Training offers will only be carried out after the minimum number of participants has been reached. If the specified minimum number is not reached, the IOM may set an alternative date or withdraw from the contract. Changes to the date and/or venue shall only be made in the event of compelling necessity. IOM will notify the customer of such changes in writing without delay. If the customer does not like the new date, he/she can withdraw from the contract and will be refunded any disposition already made. In the event of withdrawal from the contract, the customer shall not be entitled to any claims beyond the refund of the payment made.
7.2 The scope of the IOM service is based on the service agreement of the respective booked offer (see information on the website). In addition, IOM reserves the right to make necessary adjustments or deviations in terms of content and methodology and, in particular, to change consultants and trainers, insofar as these do not significantly change the subject and the overall character of the booked offer.
7.3 In the case of in-house and face-to-face events, the location shall be agreed with the contractual partner in advance. If no arrangement has been made in this respect, the contractual partner shall provide the venue including the technical requirements free of charge.
7.4 In the case of online events, IOM shall provide the contracting party with rights of use for the virtual room, which shall only apply for the duration of the service provision. By agreement, a virtual room of the contracting party may also be used. In this case the contracting party shall provide IOM with unrestricted access to the virtual room for the duration of the agreed service as well as technical support.
7.5 In the event of cancellation of an event due to illness of the mediator or trainer, force majeure or other unforeseeable events, there shall be no claim to the implementation of the event. Payments already made will be refunded immediately.
§ 8 Copyright, Trademarks & Other Protective Rights
8.1 IOM is entitled to the copyright as well as all other intellectual and industrial property rights to the training and working documents of IOM as well as to all concepts, designs and methods.
8.2 By registering or commissioning, the contracting party undertakes not to reproduce, process, duplicate, translate, distribute or use for public reproduction IOM training and working documents (slide sets, templates, handouts, graphics, media etc.) or parts thereof photomechanically or electronically at any time and under any circumstances.
8.3 IOM training and working documents (slide sets, templates, handouts, media etc.) or parts thereof are only intended for the personal use of the training participants and may not be passed on to third parties. Exceptions to this are documents that clearly bear other copyright notices (e.g. references to Creative Commons licences).
8.4 If software and electronic materials are used in IOM events that are protected by copyright and trademark rights, these may not be copied or processed. IOM does not guarantee that the products, processes and scripts used are free of third-party property rights.
§ 9 Duty to cooperate
9.1 The contracting party is obliged to do everything reasonable to contribute to a removal or a limitation of the disturbance in case of possible disturbances of performance.
9.2 The contracting party shall independently ensure a stable internet connection with sufficient transmission speed as well as a functioning infrastructure for receiving and sending e-mails in accordance with the technical instructions received from IOM for participation in online training or mediation.
9.3 Login information must be protected from access by third parties and kept secret.
§ 10 Defects of quality and title & liability
10.1 The statutory provisions shall apply to the rights of the contractual partner in the event of material defects and defects of title, unless otherwise stipulated below.
10.2 If an online training course is only used temporarily by the contracting party itself or if a technical malfunction impedes the purpose of the training course only for a short period of time, this shall not entitle the contracting party to a reduction of the fee.
10.3 If the performance of an online training shows significant deficiencies (e.g. a preventing technical malfunction such as server failure of the Virtual Classroom provider), the contracting party must notify IOM of this. IOM may, at its own discretion, repeat the training without additional costs for the contracting party within a reasonable period of time or offer the contracting party to reduce the remuneration appropriately.
10.4 IOM events are designed to enable a committed participant to achieve the objectives of the event. However, IOM is not liable for the success of the training.
10.5 Claims for damages by the participant shall only exist in the case of intent or gross negligence – irrespective of the legal grounds – once up to a total amount equal to the total remuneration, but no more than a total of € 5,000. Any further liability is excluded. IOM is not liable for damage caused by viruses and other pests on copied data carriers.
§ 11 Data Protection & Miscellaneous
11.1 Personal data will only be processed or used for the contractually agreed purpose. In particular, the data will be secured against unauthorised access and it will only be passed on to third parties with the consent of the other contracting party. IOM draws the contracting party’s attention to compliance with the statutory data protection provisions in accordance with the data protection declaration on the website and, as a precaution, to Art. 28 DSGVO (contract for commissioned data processing).
11.2 The law of the Federal Republic of Germany shall apply. The application of the provisions of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980) and the conflict of laws provisions is excluded.
11.3 In the event of a dispute, IOM will always seek an out-of-court settlement of the dispute. If a legal dispute cannot be avoided, the place of jurisdiction shall be Stuttgart.
11.4 Should individual provisions of the GTC be or become invalid, unenforceable or contain loopholes, the remaining provisions shall remain valid. The contracting parties undertake to replace the invalid, unenforceable or missing provisions with valid provisions that come as close as possible to the meaning and economic purpose as well as the intention of the contracting parties.