General terms and conditions

1.1. The conclusion of contracts between the client (hereinafter “client”) and Kober Vertriebstraining GmbH (hereinafter “Kober”) regarding the services to be provided by both parties as well as amendments and/or additions to these must be made in writing.

1.2. In addition to the separately concluded contract, the General Terms and Conditions printed here shall apply; they are an integral part of the contract.

1.3. These terms and conditions shall take precedence over any conflicting terms and conditions of the Client.

2.1. The contractual partner is Kober Vertriebstraining GmbH.

2.2. The services are provided by Stephan Kober, employees, freelancers or contracted companies.

2.3. The scope, form, subject matter and objective of the services to be provided shall be specified in detail in a separate contract between the client and Kober.

2.4. Kober provides services in the form of key note speeches, training and further education (hereinafter referred to as “measure/s”) and online training. Due to the lack of possibilities for the speaker to influence all business factors, the speaker owes active effort, but no advisory success of any kind beyond the implementation of the specific measure.

2.5. Individual assessment of participants in measures and disclosure of this information to third parties without the participant’s consent is contrary to the speaker’s professional ethics and will not take place.

2.6. Kober reserves the right to exclude participants who repeatedly and/or fundamentally disrupt or delay the course and implementation of the measures from further participation, provided that the measure is suitable for excluding individual persons; in this case there will be no reimbursement of fees – even in part; a substitute participant can be provided, provided that he or she has mastered the content taught up to this point and is up to date with the measure.

2.7. Counselling, training and coaching language is German or English. The language is determined with the client.

2.8. The consulting and training services offered are provided exclusively in synchronous form (via face-to-face training and video conferencing). There is no prefabricated teaching or learning unit, no distance learning in the sense of the FernUSG, and no learning control. The content is dialogic, individual and not curricular.

3.1. For meetings, consultations, coaching, analyses, preparations and other tasks to be realised together with the client, on the client’s behalf or together with third parties, an individual daily fee shall apply irrespective of the place of performance.

3.2. All conditions, prices and fees quoted are exclusive of: 19 % VAT, travel and incidental expenses such as costs for flights (up to three hours flight time: economy, from three hours flight time: business), rail (1st class), taxi, rental car (upper middle class), parking, for car use € 0.78 per kilometre travelled, accommodation (Germany: max. € 190.00 / night, Europe / World: max. € 290.00/night), third-party costs (e.g. fees, room costs, flat-rate conference fees or similar); third-party costs will be shown separately with a receipt on request or invoiced directly by the provider to the client. Travel times of up to six hours per continuous travel event are included. Hotel per diems on the part of Kober shall be charged to the customer.

3.3. The agreed fees in accordance with sections 3.1 to 3.2 shall be invoiced before the measures are carried out and shall be due immediately and without deduction. Costs pursuant to clause 3 shall be invoiced immediately after they become known/fall due and are due immediately and without deduction.

3.4. Offsetting and retention rights against due payment claims are excluded unless they are undisputed or legally established claims.

4.1. The customer acknowledges Kober’s copyright to the works created by Kober (consulting and training documents etc.). Any reproduction and/or distribution of the aforementioned works by the customer requires the prior written consent of Kober. Photography and recording on audio or video tapes or other data carriers is not permitted. 4.2. The Client warrants that the works made available by it for the performance of the order are not subject to copyright and/or other rights.

4.3. The Customer shall inform KOber before and during the provision of the agreed service of all circumstances that are of significance for the preparation and execution of the order. A responsible contact person shall be appointed by the client.

4.4. Kober undertakes to maintain confidentiality with regard to all commercially relevant processes of which it becomes aware through its cooperation with the customer. The scope of the confidentiality obligation may be regulated in a separate written confidentiality agreement between the parties.

4.5. If a deadline for the provision of the service by Kober cannot be met due to force majeure, illness, accident or other circumstances for which Kober is not responsible, Kober is entitled to carry out the measures on a new date to be agreed, excluding any liability for damages. If – for whatever reason – a date cannot be met by the customer, Kober shall endeavor to name an alternative date within a period of one year. If no alternative date can be agreed upon, 50 % of the fee plus costs according to § 4 shall be due for cancellations by the client up to 4 months before the start of the training measure, 75 % up to 3 months and 100 % up to 2 months. Clause 3 as compensation for damages. The compensation shall be set higher or lower if Kober proves higher damages or the customer proves lower damages. The material prepared by Kober shall then be returned to the customer in accordance with the provisions of Section 4.1. provided.

4.6 Kober is entitled to name the customer with its name and/or its word/figurative mark as a reference within the usual scope and free of charge.

4.7 The Client shall provide and/or bear the costs of the rooms and infrastructure (e.g. flipcharts, moderation walls, pens, projector, screen, etc.) required for the provision of the service.

5.1. Kober Vertriebstraining GmbH has taken out professional liability insurance that covers general risks from training and seminar operations up to a loss amount of EUR 1 million.

5.2. If the speaker also provides consultancy services in addition to training services, liability for pecuniary damage caused by him/her and determined by a court of law shall be limited to a maximum amount of EUR 50,000.00.

6.1. Differences of opinion between the contracting parties shall be settled in the first instance by attempting to reach an amicable and respectful agreement.

6.2. Should individual provisions of the contract concluded between the parties or of these General Terms and Conditions for Speakers be or become invalid, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid terms and conditions as soon as possible with a valid provision that comes as close as possible to the purpose pursued by the omitted provision.

6.3. These terms and conditions and its implementation shall be governed exclusively by German law.

6.4. The exclusive place of jurisdiction for all claims arising from the contract associated with these terms and conditions and these terms and conditions is the registered office of the speaker.

The following General Terms and Conditions apply to seminar bookings via the website www.koberaktiviert.de.

1. registrations

Registration for the seminars is compulsory via online form or e-mail. The registration constitutes a binding offer. However, the contract shall only be concluded upon acceptance of the offer by us. The respective booking is confirmed in writing.

2. payment term

You will receive the invoice after booking. These are payable immediately upon receipt, without deduction. Invoices are usually sent out before the seminars. Payments are always to be arranged free of charge for us, this also applies to payments from abroad in the case of a transaction fee to be paid. All prices quoted are always exclusive of statutory value added tax. The payment term on the respective invoice shall apply.

3. Cancellation

Cancellations must be made in writing. Cancellation is free of charge up to four weeks before the start of the seminar. In case of cancellation less than four weeks before the start of the seminar, we charge 75% of the seminar fee. Seminar dates can also be rebooked, the payment obligation remains. In case of non-attendance, the full seminar fee is due. There is no partial refund entitlement should a participant not take up the full service. Substitute participants can be named without further costs (rebooking).

4. modification of the scope of services

The content of the seminar program and the selection of trainers may be changed while retaining the guaranteed added value of the seminar.
This does not constitute an entitlement to withdraw from the contract or to a reduction in payment.

5. seminar cancellation

The organiser has the right to cancel seminars if the number of participants is less than 4. In such situations, an alternative date will be offered. In case of illness of the trainer, force majeure or other unforeseeable events, the participants have no claim to the implementation of the seminar. Likewise, no travel and accommodation expenses or loss of working hours will be reimbursed. The organiser accepts liability for indirect damage, in particular loss of profit or claims by third parties. Payments already made will be refunded in the event of cancellation.

6. preservation of copyright

By registering for the seminar, participants agree to observe the following points: Seminar documents, recordings and all documents made available to the participants during the seminar are subject to copyright. They may not be reproduced under any circumstances, regardless of the technical means used. They may not be passed on to third parties. The seminars may not be documented, recorded or passed on without express written release.

7. release from liability

The seminar will be intensively prepared and conducted according to the current status. We do not accept any liability for tips and advice. The organiser is only liable for damage caused intentionally or by gross negligence.

8. place of jurisdiction

The place of jurisdiction is Lippstadt.

9. final provisions and severability clause

The law of the Federal Republic of Germany shall apply to our business and legal relations between the customer and us. Should any provision of these terms and conditions or any provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements. Differently negotiated agreements are only valid if they have been agreed in writing.

[As at: 28.08.2024]