General terms and conditions
1. contract design
1.1. The conclusion of contracts between the client (hereinafter referred to as “client”) and the speaker (hereinafter referred to as “speaker”) concerning the services to be provided by both parties, as well as amendments and/or supplements thereto, must be 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. performance of the speaker
2.1. The speaker is self-employed and freelance.
2.2. The speaker provides his services himself, through employees, through freelancers or commissioned 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 the speaker.
2.4. The speaker provides services in the form of key note lectures, 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. The speaker 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 to exclude individuals; a refund of fees – even in part – will not take place in this case; a substitute participant can be provided, provided that he/she has mastered the contents 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.
3. Fees and investments
3.1. The first contact meeting with the speaker is charged at € 1,000, unless otherwise agreed individually.
3.2. 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.
3.3. 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 of the Contractor shall be charged to the Client.
3.6. 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 3.6 shall be invoiced immediately after they become known/due and shall be due immediately and without deduction.
3.7. Offsetting and retention rights against due payment claims are excluded unless they are undisputed or legally established claims.
4. securing the benefits
4.1. The client acknowledges the speaker’s copyright in the works created by the speaker (consulting and training documents, etc.). Any reproduction and/or distribution of the aforementioned works by the client requires the prior written consent of the speaker. 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 client shall inform the speaker before and during the provision of the agreed service about all circumstances that are of importance for the preparation and execution of the order. A responsible contact person shall be appointed by the client.
4.4. The speaker undertakes to keep confidential all business-relevant processes that have become known to him/her through the cooperation with the client. The scope of the confidentiality obligation may be regulated in a separate written confidentiality agreement between the parties.
4.5. If a date for the performance of the service cannot be met by the speaker due to force majeure, illness, accident or other circumstances for which the speaker is not responsible, the speaker shall be entitled, to the exclusion of any liability for damages, to perform the measures on a new date to be agreed. If – for whatever reason – an appointment cannot be kept by the client, the speaker shall endeavour to name an alternative date within the 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 the Consultant proves a higher damage or the Client proves a lower damage. The material prepared by the speaker shall then be made available to the client within the framework of the provisions of clause 4.1. provided.
4.6 The Contractor shall be entitled to name the Client 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. The speaker has taken out professional liability insurance covering general risks from training and seminar operations up to a damage 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. general conditions
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.
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.
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 programme and the trainer selection can be changed while retaining the assured added values of the seminar.
This is not 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 of 26 April 2020]