General terms and conditions
for fingerLINK®® Seminars
1. General provisions
2. Booking/conclusion of a contract
A seminar contract will become binding only upon our confirmation of the booking and registration. The offer is not binding until confirmed. Verification must be made within one week after receipt of the booking. Otherwise, the customer is not bound to the booking anymore. Bookings for events must be made in writing (via letter, fax, or email). The number of participants for our events is limited; therefore, priority will be given to those who register first.
3. Kind and scope of services
- fingerLINK® offers public seminars in rented seminar rooms, at in-house seminars, company seminars, and single training in rooms agreed upon with the customer, at live online seminars with instructors, as well as e-learning at fingerLINK®online on the platform www.fingerlink.com.
- Public seminars take place according to the respective seminar description.
- Hours for company seminars and single training shall be agreed upon individually. If the event takes place in rooms organized by the customer, the customer is responsible for the appropriate and agreed-upon technical furnishing of the rooms. In addition, the quality and quantity of training material must be agreed upon separately.
- Each seminar participant will receive a certificate of attendance which is personally issued to him.
- The customer is solely responsible for the reservation of the journey to the venue and for booking a hotel room. No compensation may be claimed for undeserved loss or cancellation of the event.
4. Conclusion of a contract
- All offers of fingerLINK® are without obligation if they do not become part of a contractual agreement. Submitting a registration or booking via telephone or in writing is a binding offer. A contract with fingerLINK® comes only into effect if fingerLINK® explicitly accepts the offer and confirms it in writing via letter, fax, or email.
- If fingerLINK® has agreed-upon particular conditions, these do not apply to current and future contractual relationships with the customer.
5. Right of revocation for consumers; cancellation
- If the customer is defined as a consumer by section 13 of the German Civil Code, they may revoke their declaration of agreement in writing (e.g., letter, fax, email) within a period of two weeks without stating the reasons.
- The period shall begin at the earliest on receipt of a separately written and sent notice (e.g., letter, fax, email) regarding the right to revoke. The right to revoke lapses prematurely if fingerLINK® has either already begun with the execution of the service on the customer’s explicit request before the period with the right to revoke ended or the customer has requested the performance of the service themselves.
- The revocation is to be addressed to fingerLINK®, Owner: Ms. Nicole Szalasi, Alter Festplatz 1, 96135 Stegaurach/Germany, firstname.lastname@example.org. The customer has to state their name and the title of the event. Upon receipt, fingerLINK® is obliged to refund customer payments already made for the event.
If the customer is not a consumer, or if the period with the right to revoke has already ended acc. to item 4.1, the following terms are then valid:
- Cancellations must be made in writing to fingerLINK®.
- The customer may cancel the contract free of cost up to 30 days before the event begins (received by fingerLINK®).
- 50 % of the total amount is payable when canceling up to 14 days before the event. Alternatively, the full invoice amount may be credited for a later occasion, provided that a subsequent, written booking is given together with the cancellation.
- The entire invoice amount is payable when canceling 13 days or fewer before the event or failing to attend. This also applies when participants are unable to take part due to sickness.
- Regarding public seminars, fingerLINK® is glad to accept a substitute participant without any additional charges at any time.
- For corporate seminars, the costs of travel, accommodation, and meals of the speakers are not included in the event fee and will be charged as separate expenses. The costs already incurred when the client cancels the order are billed to the client, regardless of the revocation regulation and cancellation date.
- fingerLINK® is authorized to cancel events up to 14 days before the beginning of the event without stating a reason, relocating it to a new venue, or re-scheduling the date. We reserve the right to cancel events if there is a material reason for doing so, for example, in case of illness of one or more of our instructors or should there not be enough participants. Any further claims of the client (such as travel costs, cancellation, or accommodation and loss of working hours) are excluded.
7. Training material rights
- fingerLINK® grants the customer the non-exclusive, permanent, irrevocable, and non-transferable right to use the training material handed out in the event. These rights include tools such as electronic presentation files and samples used in the event. Any reproduction of the training material is strictly forbidden.
- We refer to the creator’s copyright when using third-party original training material.
8. Remuneration and terms of payment
- All prices of fingerLINK® are net prices in euros, plus the legal German VAT. Packaging and shipping costs will be charged separately.
- Payment is to be made immediately upon receipt without deduction.
- fingerLINK®is entitled to pass on price increases to the customer should unforeseeable cost increases occur® (e.g., currency fluctuations, unexpected price increases of suppliers, etc.).
- Should the execution of the event display significant defects, and should fingerLINK® be made responsible, fingerLINK® may then repeat the event without any extra cost for the customer within a reasonable period or may offer to reduce the event remuneration adequately.
- This requires a complaint by the customer, which must be made immediately, at the latest, within two weeks of it becoming known.
- The right to extraordinary termination for cause remains unaffected.
- Further client claims on the grounds of breach of duty are excluded. This exclusion does not apply to intent, gross negligence, or injury to life, body, or health.
10. Data protection
Suppose a customer comes under the personal scope of protection by the German Federal Data Protection Act. In that case, they agree to the data processing as far as it is required for the event organization.
11. Limitation of actions
Claims arising from this contract shall expire after three years from their knowledge but no later than eight years after the agreed latest service performance date. This does not apply in the event of intent and as far as product liability law is applicable.
12. Applicable law
- All legal relations between parties are governed by the law of the Federal Republic of Germany, excluding the regulations regarding the international sales of movable goods.
- If the customer is a merchant, a legal entity governed by public law or public law trusts, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of fingerLINK®.
- The same applies if the customer has no general place of jurisdiction in Germany or if their address or habitual residence is not known when bringing legal action.
- The right to appeal to another court of jurisdiction remains unaffected. (as of 1 May 2009).
- The contractual relationship and its execution are governed exclusively by the laws of the Federal Republic of Germany, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- This choice of law also applies to consumer contracts, provided section 29 EGBGB does not conflict (i.e., ‘Einführungsgesetz zum Bürgerlichen Gesetzbuch’; Introductory Law to the German Civil Code).
13. Severability clause and final provisions
Should single provisions of the contract, including these regulations, be entirely or partially invalid, void, or contestable, or should the contract contain a gap, then, in this case, the laws are to be interpreted or supplemented so that the intended economic purpose is reached as accurately as possible in a legally permissible manner. The validity of the remaining provisions or parts of these provisions is unaffected. The respective legal regulations must replace the ineffective or missing requirements.