General Terms and Conditions for Trainings
This text has been machine translated. In case of doubt, the German original version applies.
1. Application of the terms of contract
WPS – Workplace Solutions GmbH, Hans-Henny-Jahnn-Weg 29, 22085 Hamburg (hereinafter referred to as “WPS GmbH”) provides its services to its customers, including – if not differentiated – both the clients and the training participants sent by the client (hereinafter referred to as “customers”), solely on the basis of these General Terms and Conditions. These conditions also apply to pre-contractual obligations. The conditions apply in the business traffic. “Consumers” cannot become contractors. Other contractual conditions, in particular purchase conditions of the customer / participant / prospective customer, are not part of the contract, even if WPS GmbH does not explicitly contradict them. Even if these terms and conditions are not referred to when concluding similar contracts, only these “General Terms and Conditions for Trainings” of WPS GmbH in the version valid at the time of submission of the offer apply.
2. Conclusion of contract
The offers of WPS GmbH are non-binding, unless the offer is declared as binding in written form. A legal binding comes only by both sides signed contract or by order confirmation of WPS GmbH in text form. Even if the WPS GmbH starts after the order with the performance of the contract, a contract is concluded under the validity of these conditions.
Registrations should be in writing or in text form. By registering, the customer makes a binding offer to conclude a training contract. The confirmation of the receipt of the application follows promptly and does not constitute an acceptance of the contract. The contract only comes into force after a confirmation of the contract has been sent by WPS GmbH, at the latest with the beginning of the training event. If the number of participants is limited, the applications will be considered in the order in which they were received.
3. Subject matter of the contract, scope of service
3.1. The content and scope and type of the training result from the invitation to tender, which in turn becomes part of the contract. The invitation to tender shall state the contents of the course, time and place, the extent and the type of the training (classroom or online / remote), periods and the price of the course. As far as speakers are named, it remains up to WPS GmbH to use a similarly qualified substitute referee. The organization, ie the detailed design of the content, the didactic preparation, the course of the event and the location of the breaks are laid down by WPS GmbH. Unless agreed otherwise, the customer has no claim to a specific organization of the event.
3.2. Before signing up, the customer must check whether the training offered corresponds to his previous knowledge, wishes and needs, and whether he has the technical requirements and the necessary line capacities for online training. If in doubt, the customer should seek additional information before registering with WPS GmbH. The customer is not allowed to invoke ignorance afterwards.
3.3. The scope, nature and quality of WPS GmbH’s services are determined by contracts, order confirmation or performance by WPS GmbH, possibly based on the offer of WPS GmbH. Other information or requirements will only become part of the contract if the contractual partners have agreed this in writing or if WPS GmbH has confirmed this in text form. Descriptions, representations etc. are performance descriptions, but not guarantees.
4. Availability | Cancellation
4.1. As a rule, the number of participants in the training per appointment is limited. Conversely, WPS GmbH reserves the right to cancel the event in the event that the minimum number of participants defined by WPS GmbH has not been reached. Cancellation by WPS GmbH is permitted up to 10 days before the event. Similarly, a cancellation in case of failure of the referee is allowed, as well as in case of force majeure. Of course, in these cases, the customer is entitled to immediate repayment of the paid remuneration. Further liability or damage compensation claims do not exist (for the rest, the liability regulations in Section 7 apply). Especially when booking flights, trains and accommodation this should be considered. However, WPS GmbH will endeavor to give preference to affected customers at one of the next training dates or to rebook them to already scheduled events at the customer’s request.
The customer cannot withdraw from the contract. The customer is given the following option to change the contract: The customer can at any time appoint a representative instead of the registered participant without incurring any costs; in the case of a planned certification, the substitute participant should be named as early as possible for administrative reasons at WPS GmbH.
4.2. A resignation of the customer from the contract is not possible. However, the customer has the following options for contract modification or cancellation:
The customer may at any time appoint a representative instead of the registered participant without incurring any costs; however, in the case of a planned certification, the substitute participant should be named as early as possible for administrative reasons of WPS GmbH.
4.3. Only with regular booking without discount (full payers) a free cancellation is possible up to 60 days before the start of training.
- Up to 30 days before the start of the course, cancellation is possible for a processing fee of € 100.
- For cancellations up to 14 days before the start of the training, 50% of the agreed training costs must be paid.
- If you cancel up to 2 working days (Monday – Friday) before the start of your training, 80% of the agreed training costs will be charged.
- Thereafter and in case of non-appearance of the participant and in case of premature termination of participation, the agreed remuneration shall be paid in full.
5. Remuneration, Payment
5.1. Unless agreed otherwise, the payment due is due for payment 14 days prior to commencement of training without deduction. WPS GmbH reserves the right to exclude customers from unpaid training without further notice.
5.2. If the contractual partners have not agreed otherwise, then the applicable, at the time of conclusion of the contract valid list of services and prices of WPS GmbH, in the absence of such, the local compensation.
5.3. For in-house trainings or group trainings, travel expenses and expenses for travel outside the metropolitan region of Hamburg are also billed according to expenditure. Additional services requested by WPS GmbH will be charged according to expenditure or in accordance with the service and price list.
5.4. All prices are net plus the legally prescribed value added tax.
5.5. Colleague discount: For some training events, WPS GmbH grants a colleague discount when several colleagues register at the same time. Even if this is not mentioned in the call for tenders, it is worth asking. However, there is no legal claim to it.
5.6. The customer can only set off claims that are undisputed or legally established by WPS GmbH. A right of retention or the objection of the unfulfilled contract are only available to the customer within this contractual relationship.
5.7. Insofar as ownership rights to the services of WPS GmbH exist, WPS GmbH reserves ownership of the object (for example, training documents) until full payment of the agreed price.
The services of WPS GmbH have the agreed quality and are suitable for the contractually assumed, in the absence of agreement for the ordinary, use. An insignificant reduction in quality is disregarded. Regarding online training, no deficiency for which WPS GmbH is responsible is inadequate technical equipment of the customer or insufficient line capacity on the side of the customer. In the event of defects, WPS GmbH may initially remedy the defect. The type of supplementary performance is at the option of WPS GmbH. Due to a defect, at least two attempts at subsequent performance have to be accepted. If WPS GmbH finally refuses subsequent performance or if it finally fails or is unreasonable for the customer, the customer can either withdraw from the contract or reduce the compensation accordingly.
WPS GmbH shall indemnify or reimburse useless expenses, regardless of the legal grounds (for example, from legal and legal transactions, defects in title and title, breach of duty and tort), only to the following extent:
7.1. The liability for intent and warranty is unlimited. In the case of gross negligence, WPS GmbH is liable to the amount of the typical damage foreseeable upon conclusion of the contract. WPS GmbH shall be liable in the amount of the typical and upon conclusion of the contract in the case of simply negligent violation of a cardinal obligation (duty the fulfillment of which enables the customer to regularly rely and trust and whose violation jeopardizes the achievement of the purpose of the contract) foreseeable damage, however, not exceeding € 20,000.00 per claim and € 100,000.00 for all claims arising out of and in connection with the contract as a whole. WPS GmbH remains open to the objection of contributory negligence.
7.2. In case of injury of life, body and health as well as claims from the product liability law, the legal regulations apply without restrictions.
8. Privacy, Photo / Video, Privacy
8.1. The contracting parties undertake to enclose all circumstances / objects (eg software, documentation, documents, information) transmitted or disclosed to them before or during the performance of the contract, which are legally protected or contain business or company secrets or are designated as confidential are to be kept confidential even after the termination of the contract, unless they are publicly known without violating the obligation of secrecy. The contract partners store and secure this information / objects in such a way that access for third parties is excluded.
8.2. There are copyrights / exclusive rights of use of WPS GmbH to the training contents and training documents. The live stream as part of an online training course is also protected by copyright, and the trainer’s personal rights also apply. Recording or storage is therefore not permitted. The customer is granted a simple, non-exclusive and non-transferable right of use for the purpose of the training. Without previous, explicit declaration of WPS GmbH in text form, no duplication of the contents or documents or parts thereof is permitted. In particular, the content and documents may not be published or distributed, nor shared or distributed through public networks.
8.3. In the events, WPS GmbH can produce photo or video recordings on which participants can also be seen; WPS GmbH can also use these for advertising purposes. If a participant does not agree to a recording of his person, the participant must immediately declare his or her objection to the instructor or instructor and ensure that the participant is not shown.
8.4. Records in the training event, regardless of whether sound, photo or video by participants are permitted only with the prior consent of WPS GmbH in writing. Incidentally, there is an unconditional right for WPS GmbH to delete recordings.
8.5. The WPS GmbH informs its customers in irregular intervals about offers of the WPS GmbH, in particular to training offers and related offers, also by email. The customer hereby agrees. This consent can be revoked at any time informally. To make it easier, there is a link to unsubscribe from the mailing list at the end of each email.
9. Place of performance, jurisdiction, formalities
9.1. Unless agreed otherwise, the place of performance and place of performance of training is the registered office of WPS GmbH.
9.2. The law of the Federal Republic of Germany applies excluding the UN sales law. Place of jurisdiction for all disputes arising from and in connection with the underlying contractual relationship is the registered office of WPS GmbH in Hamburg.
Updated: March 25, 2020