General Terms and Conditions and Information for participants
Table of contents
1. Scope of application, contractual partners and definitions
2. Subject matter of the contract
3. Services provided by the organizer
4. Conclusion of contract and contract language
5. Right of withdrawal
6. Obligations of the participant to cooperate
7. Delivery and redemption of promotional vouchers
8. Remuneration and payment conditions
9. Eligibility and transfer of contract
10. Changes to or cancellation of the event
11. Withdrawal by the organizer due to not reaching the minimum number of participants
12. Withdrawal of the organizer
13. Contractual right of withdrawal of the participant – Cancellations
14. Granting of rights of use for event and teaching materials
15. Liability
16. Enticement of personnel and subcontractors
17. Cancellation due to force majeure and for behavioral reasons
18. Contract term and termination for events
19. Confidentiality
20. Alternative dispute resolution
21. Final provisions
1. Scope of application, contractual partners and definitions
1.1. The following General Terms and Conditions (hereinafter “GTC”) apply to all contracts between Alter Solutions Deutschland GmbH, represented by the managing directors Thomas Faß and Mathieu Prulhière, Klaus-Bungert-Straße 6a, 40468 Düsseldorf, Germany, Tel.: +49 211 54560190, E-Mail:
digital@alter-solutions.com, Internet: www.alter-solutions.de, Registered office of the company: Düsseldorf, registration court: Düsseldorf Local Court, registration number: HRB 82865 (hereinafter referred to as “Organizer”) and the customers (hereinafter referred to as “Participants”, jointly also referred to as “Parties”) of the Organizer.
1.2 If the participant uses conflicting or supplementary terms and conditions, their validity and inclusion is hereby objected to, unless otherwise agreed between the parties. These GTC shall also apply exclusively if the Organizer performs the services to the Participant without special reservation in the knowledge that the Participant’s terms and conditions conflict with or deviate from these GTC.
1.3 These GTC apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause. Pursuant to Section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. Pursuant to Section 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in exercise of its trade, business or profession.
1.4 Entrepreneurs within the meaning of these GTC are also authorities, corporations, institutions, foundations, legal entities under public law or special funds under public law that act exclusively under private law when concluding a contract.
1.5 For participants who are entrepreneurs, the following shall apply in addition: Unless otherwise agreed between the parties, these GTC shall apply in the version valid at the time of the participant’s order or in any case in the version last communicated to him in text form as a framework agreement also for similar future contracts, without the organizer having to refer to them again in each individual case. Individual framework agreements or other contracts concluded with the participant in individual cases (including ancillary agreements, supplements and amendments) shall always take precedence and shall merely be supplemented by these GTC.
2. Subject matter of the contract
2.1 These GTC apply to all contracts for participation in courses, seminars, workshops, training and coaching (hereinafter “Events”) of the Organizer that the Participant concludes with the Organizer with regard to the Events presented on the Organizer’s website.
2.2 These GTC apply accordingly to contracts for the delivery of promotional vouchers, unless otherwise expressly regulated in these GTC or otherwise agreed between the parties. Promotional vouchers are issued free of charge by the organizer as part of promotions with a specific validity period and can only be redeemed by participants via the website during the specified period.
3. Services provided by the organizer
3.1.The organizer offers both face-to-face and online events. The content of the event can be found in the respective service description on the organizer’s website.
3.2 The face-to-face events shall take place at venues selected by the Organizer or at the Participant’s premises. The Organizer shall provide its services exclusively in personal contact with the Participant. The Organizer is not obliged to use a specific venue to hold the desired event, unless otherwise stated in the Organizer’s service description on the Organizer’s website.
3.3 The online events offered by the Organizer shall take place exclusively in electronic form via online video conference using appropriate technical means. In particular, the participant requires a suitable end device and access to the Internet as well as application software. The organizer may use third-party services to provide the application software. The system requirements for participation in an online event via the online training platform can be found in the respective service description of the organizer. The participant is responsible for ensuring that the technical system requirements are met. The Organizer shall not be liable if the technical system requirements are not met or if the Participant is found to be deficient. For participation in online events via the Organizer’s online training platform, registration and the creation of a profile is required for each Participant after conclusion of the contract in accordance with Section 4. The registration of the respective participant is carried out by the organizer. The data required for the registration of the respective Participant shall be requested by the Organizer.
3.4 The Organizer shall provide its contractual services with the utmost care and diligence. However, the organizer does not owe any specific success, in particular not the achievement of a specific performance target of the participant. This is largely dependent on the personal commitment and will of the participant, over which the organizer has no influence.
3.5 The Organizer is not obliged to provide the services in person. The Organizer may provide its services through qualified personnel selected by it. The organizer is entitled to engage third parties as subcontractors for the provision of the services. Unless otherwise stated in the organizer’s service description, the participant is not entitled to select a specific person to provide the service.
4. Conclusion of contract and contract language
4.1.The presentation and advertising of the services described on the Organizer’s website do not constitute a binding offer on the part of the Organizer to conclude a contract, but rather an invitation to the Participant to make a binding booking for the Organizer’s services.
4.2. The Participant may submit an offer by completing the online booking form integrated on the Organizer’s website. The data to be entered by the Participant for the offer can be found in the input mask of the online booking form. After entering the data in the online booking form and by clicking the button concluding the booking process, the participant submits a legally binding contractual offer in relation to the event(s) selected and placed in the virtual shopping cart. The participant can correct his/her entries at any time before submitting his/her legally binding booking using the usual keyboard and mouse functions.
4.3. A contract between the contracting parties is only concluded if the Organizer accepts the Participant’s contract offer within five (5) days,
- by sending the participant a declaration of acceptance (e.g. by order or booking confirmation) in writing or text form (e.g. by letter or e-mail) and the relevant time is the date of receipt of the declaration of acceptance by the participant, or
- by sending the participant a declaration of acceptance (e.g. by order or booking confirmation) in writing or text form (e.g. by letter or e-mail) and the relevant time is the date of receipt of the declaration of acceptance by the participant, or
by the payment transaction being carried out by the payment service provider selected by the participant in his/her legally binding booking. In this case, the time of conclusion of the contract is determined by the payment method selected in accordance with section 8.3..
If several of the aforementioned alternatives exist, the alternative that occurred first is decisive for the conclusion of the contract. The period for accepting the offer begins on the day after the participant sends the offer. If the organizer does not accept the participant’s offer within the aforementioned period, this shall be deemed a rejection of the offer and the participant shall no longer be bound by his declaration of intent.
4.4.The organizer shall save the text of the contract, including the GTC, upon conclusion of the contract in compliance with data protection regulations and shall send it to the participant in written or text form (by letter or e-mail) after the participant has placed the order. The organizer will not make the text of the contract available beyond this. The participant can view the text of the contract in his user account on the organizer’s website, provided that the participant has set up a user account before sending the order. The order data is stored in the organizer’s system and can be viewed and accessed by the participant using his/her access data in the password-protected user account.
4.5. For participants who are entrepreneurs, the following also applies: The organizer can provide the text of the contract, including the GTC, in text form (by email) or via a reference to an online source (e.g. by link).
4.6. The contract is concluded exclusively in English.
4.7. The participant must ensure that the e-mail address provided by him/her for order processing is correct so that the e-mails sent by the organizer can be received at this address. In particular, when using SPAM filters, the participant must ensure that all e-mails sent by the organizer or by third parties commissioned by the organizer to process the order can be delivered.
4.8. If the participant expressly declares to the organizer that he/she wishes to register further participants for an event, the participant undertakes to be liable to the organizer for all claims arising in this connection.
5. Right of withdrawal
As a consumer, the participant has a fourteen-day right of withdrawal in accordance with the statutory provisions. Further information on the right of withdrawal can be found in the organizer’s cancellation policy.
6. Obligations of the participant to cooperate
6.1. The participant must support the services of the organizer through appropriate acts of cooperation. In particular, the participant shall provide the organizer with:
- provide all necessary information and data, completely and in good time
- allow access to its premises or the event venue during the usual event times and, if necessary, access to its employees or subcontractors
- Provide the necessary working materials including workstations
- if technically necessary or agreed between the parties, grant access to its IT systems and provide the technical resources required to carry out the events
insofar as these services do not contractually fall within the scope of duties of the organizer. Unless otherwise agreed in individual cases, all cooperation services shall be provided free of charge for the Contractor.
6.2. Insofar as the participant provides the organizer with information and data for use, he assures that he is authorized to hand over and use this information and data. The organizer is not obliged to check the content provided by the participant, in particular with regard to whether it is suitable for achieving the purpose of the commissioned service.
6.3. If the Participant fails to comply with its aforementioned obligations to cooperate in accordance with Sections 6.1. and 6.2. and if the Organizer is therefore unable to provide its services in whole or in part within the agreed period, the agreed period shall be extended accordingly. Any additional expenses incurred and proven by the organizer shall be remunerated separately on the basis of the agreed conditions, without prejudice to further rights of the participant.
7. Delivery and redemption of promotional vouchers
7.1. Promotional vouchers will be sent to the participant by e-mail, in the customer account (if created) or via social media channels.
7.2. The participant can only redeem one promotional voucher per booking.
7.3. The organizer has the option to exclude individual services from the voucher promotion, provided that a corresponding note is made on the promotional voucher.
7.4. The participant must redeem the promotional voucher via the website before completing the order process. Once the order process has been completed, it is no longer possible to redeem the promotional voucher for the selected service.
7.5. The amount of the booking may not be less than the value of the promotional voucher and must be at least equal to the amount of the promotional voucher. The organizer is not obliged to refund any remaining credit from the promotional voucher to the participant.
7.6. If the value of the promotional voucher is less than the amount of the booking, the participant must reimburse the remaining amount due for payment to the organizer. For this purpose, the participant can select a payment method offered by the organizer.
7.7. No cash payment or interest will be made on the value of a promotional voucher.
7.8.For participants who are private customers, the following also applies: The promotional voucher will not be refunded if the participant cancels the services booked with the promotional voucher in whole or in part within the scope of their statutory right of withdrawal.
7.9. The promotional voucher is transferable to third parties and can be redeemed by the respective holder before the service is provided via the website with debt-discharging effect. The promotional voucher cannot be redeemed if the respective holder is not authorized or legally incapable or lacks the power of representation and the organizer has knowledge or grossly negligent ignorance of this.
8. Remuneration and payment conditions
8.1. Unless otherwise stated in the service description or the Organizer’s offer, the prices quoted are total prices. The total prices quoted are in EURO and are gross prices including the statutory VAT applicable on the day of invoicing.
8.2. In the case of face-to-face events, the organizer is also entitled to reimbursement of the travel, accommodation and catering costs necessary for the provision of the service, unless otherwise stated in the service description or the organizer’s offer.
8.3. The participant may choose to pay the fee using the following payment method(s):
8.3.1. If the payment method “PayPal” is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the terms and conditions set out under https://www.paypal.com/webapps/mpp/ua/useragreement-full PayPal terms of use. If the participant does not have a PayPal account, the terms of use for payments without a PayPal account are viewable at https://www.paypal.com/webapps/mpp/ua/privacywax-full. During the ordering process, the participant is redirected from the organizer’s online store to the PayPal website. After confirming the payment instruction, the organizer requests PayPal to initiate the payment. The payment transaction is carried out automatically by PayPal. The participant will receive further instructions during the ordering process.
8.3.2.If the payment method “debit or credit card” is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). PayPal reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
8.4. For participants who are consumers, the statutory provisions on late payment apply. The organizer reserves the right to assert further claims for damages caused by delay.
8.5.If the participant is an entrepreneur, the following shall apply: Upon expiry of the above payment deadline, the participant shall be in delay. During the period of delay, interest shall be charged on the outstanding remuneration at the applicable statutory delay interest rate. The organizer reserves the right to claim further damages caused by default (e.g. reasonable costs of necessary legal defense including all court and legal fees, costs for dunning procedures or debt collection). The organizer’s claim to commercial maturity interest (§ 353 HGB) against merchants remains unaffected. In the event of overdue claims, incoming payments by the participant shall first be offset against any costs and interest and then against the oldest claim.
8.6.If the participant is an entrepreneur, the following applies: The participant is only entitled to set-off rights if his counterclaims have been legally established or are undisputed and are mutually linked to the main claim of the organizer or have been recognized by the organizer.
8.7.If the participant is an entrepreneur, the following applies: The participant has no right of retention unless the participant’s counterclaim arises from the same contractual relationship and is undisputed or has been legally established. Written notification to the organizer is required to assert this right.
9. Eligibility and transfer of contract
9.1. Only the person named in the registration confirmation is entitled to participate in the booked event. A transfer of the contract to a third party is only possible with the prior consent of the organizer.
9.2. If a third party enters into the contract between the participant and the organizer after prior consent, the third party and the participant shall be jointly and severally liable in accordance with § 426 BGB for all claims arising from the contract, in particular for the participation fee and any additional costs arising from the entry of the third party.
10. Changes to or cancellation of the event
10.1. Changes or deviations to the event with regard to time, location, event leader and/or content or type of event in accordance with Section 3 (e.g. change of the offer from face-to-face to online event), which deviate from the contractually agreed content of the contract, which become necessary after conclusion of the contract and which were not brought about by the organizer in bad faith, are only permitted insofar as the changes or deviations are not significant for the participant.
10.2. The organizer must notify the participant of any change or deviation from an event in accordance with Section 12.1 immediately after becoming aware of it.
10.3.In the event of a significant change in service, the participant is entitled to withdraw from the contract free of charge or to demand participation in another, at least equivalent event from the organizer’s program, provided that the organizer is able to offer such an event without incurring higher costs. The participant must assert the aforementioned rights against the organizer immediately after the organizer’s declaration of the change to the event.
11. Withdrawal by the organizer due to not reaching minimum number of participants
11.1. The organizer is entitled to withdraw from the contract if a minimum number of participants specified by the organizer in the respective service description on the website is not reached.
11.2. The organizer must declare the withdrawal to the participant in writing or text form (by letter or e-mail) no later than 7 days before the start of the event. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, the organizer shall immediately exercise its right of withdrawal.
11.3. 11.2 The organizer must declare the withdrawal to the participant in writing or text form (by letter or e-mail) no later than 7 days before the start of the event. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, the organizer shall immediately exercise its right of withdrawal.
11.3 The participant will be refunded the fee paid immediately if he does not exercise his right to book an event of at least equal value with the organizer. The participant must assert his demand for another event of equal value to the organizer immediately after receipt of the organizer’s declaration of withdrawal. The participant shall not be entitled to any claims for damages.
12 Withdrawal by the organizer
12.1 The organizer is entitled to withdraw from the contract for good cause. Good cause shall be deemed to exist in particular if the event has to be canceled due to circumstances for which the organizer is not responsible or if the event manager falls ill.
12.2 In the aforementioned cases, the Organizer shall refund the fee already paid in full. If the event is canceled, the organizer will endeavor to find an alternative date. The participant shall not be entitled to any claims for damages.
13 Contractual right of withdrawal of the participant – Cancellations
13.1 The participant may cancel the booked event up to 14 days before the start of the event without giving reasons and incurring costs. The participant must declare the cancellation to the organizer in writing or text form (by letter or e-mail) in compliance with the cancellation deadline. The relevant time for the timeliness of the cancellation is the receipt of the declaration by the organizer. Any statutory right of withdrawal to which the Participant may be entitled as a consumer in accordance with Section 5. shall not be restricted by the right of withdrawal regulated below.
13.2 In the event of a timely cancellation, the Organizer shall reimburse the Participant in full for any participation fee already paid. The refund of the participation fee shall be made within a period of two (2) weeks from receipt of the cancellation notice. Unless otherwise agreed between the parties, the organizer shall refund the participation fee to the participant using the same means of payment that the participant used to book the event.
14 Granting of rights of use and provision of event and teaching materials
14.1 The Organizer shall retain all rights of use under copyright law with regard to the event and teaching materials (hereinafter referred to as “teaching content”) provided to the Participant for the purpose of holding the event.
14.2 Upon full payment of the fee owed, the participant shall receive a non-transferable, non-exclusive right, unlimited in terms of time and space, to use the teaching content provided exclusively for his/her own internal purposes.
14.3 All rights, in particular the passing on, distribution, duplication or making available to the public of the teaching content or the partial or complete recording of the event in audio or video require the written consent of the organizer.
14.4 If online events are booked, the required course content shall be made available to the participant exclusively in electronic form by e-mail or for download. Unless otherwise agreed between the parties, the participant is not entitled to receive the course content in physical form.
15 Liability
15.1 With regard to the services provided by the organizer, the organizer, its legal representatives and vicarious agents shall be liable without limitation:
– in the event of intent or gross negligence;
– in the event of intentional or negligent injury to life, limb or health;
– in the event of a guarantee promise, insofar as this has been agreed between the parties;
– insofar as the scope of application of the Product Liability Act applies.
15.2 In the event of a breach of material contractual obligations, the liability of the organizer shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with section 15.1. Essential contractual obligations are those obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the participant may regularly rely (so-called cardinal obligations).
15.3 Any further liability of the organizer is excluded.
16. enticement of personnel and subcontractors
The participant undertakes not to entice away the organizer’s qualified personnel and/or subcontractors during the term of the contract and, in the event that the contractual relationship between a person belonging to the qualified personnel and the organizer should end for whatever legal reason, not to employ the person concerned until twelve (12) months after termination of that contractual relationship, unless the organizer has brought about the termination or has given its prior written consent in individual cases (§ 126 para. 1 BGB).
17 Termination due to force majeure and for behavioral reasons
17.1 If the provision of services by the Organizer is significantly impeded, jeopardized or impaired as a result of force majeure, the Organizer may terminate the contract without notice and refund any remuneration already paid. Cases of force majeure include all events that were unforeseeable and unavoidable at the time the contract was concluded, as well as events that are beyond the organizer’s control even if they were foreseeable (in particular natural disasters and storms of similar magnitude, epidemics, pandemics and infectious diseases, war or warlike conditions, riots, revolution, military or civilian coups, uprisings, blockades, official and government orders, cardinal changes in the law, strikes, unrest, lockouts). The organizer will endeavour to find an alternative date if the event is cancelled. The participant shall not be entitled to any claims for damages.
17.2 The organizer may also terminate the contract without notice if the participant persistently disrupts the contractual relationship despite a warning from the organizer or if the participant behaves in such a way contrary to the contract (in particular in the event of a breach of the safety instruction) that the immediate termination of the contract is justified. In this case, the organizer retains the right to the fee. However, the organizer must take into account the value of the saved expenses as well as the benefits that the organizer obtains from any other use of the unused service, including the contributions reimbursed to the participant by the service providers.
18 Contract term and termination
18.1 The contract shall be concluded for a limited period of time for the contract term shown in the respective service description of the organizer and shall end automatically when the agreed services have been provided in full.
18.2 The right of either party to terminate the contract without notice for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
18.3 The contract may be terminated in writing or text form (e.g. by e-mail or letter).
19 Confidentiality
The parties undertake to treat all business secrets and other information of the other party designated or marked as confidential (hereinafter “confidential information”) made accessible within the scope of the contract as confidential, to maintain secrecy and not to disclose, pass on or otherwise use such information to third parties, unless the parties are obliged to disclose the confidential information by law or on the basis of an official or court decision that is final and absolute. The obligation to maintain confidentiality also applies to employees, (freelance) staff and third parties to whom confidential information is passed on and disclosed by the parties.
The organizer is entitled to use the knowledge gained from experience (e.g. ideas, concepts, methods and know-how) which is developed or disclosed in the course of the performance of the contract and which is stored in the memory of the organizer or the persons employed by the organizer to provide the service. This does not apply in the event of an imminent infringement of the participant’s industrial property rights or copyrights. The obligation to maintain confidentiality remains unaffected by this.
20 Alternative dispute resolution
20.1 For participants who are consumers, the following regulations apply. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
20.2 The organizer is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
21 Final provisions
21.1 If the Participant is an entrepreneur, the following shall apply in addition: The assignment of claims arising from the contract concluded between the parties by the Participant, in particular the assignment of any claims for defects by the Participant, is excluded.
21.2 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
21.3 If the participant is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of § 14 BGB, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the place of business of the organizer. In all cases, the organizer is also entitled to take legal action at the place of performance of the service obligation in accordance with these GTC or an overriding individual agreement or at the general place of jurisdiction of the participant. Overriding statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.
As at: 07.02.2024