Article 1

Scope, amendment of the GTC

 

1. Our General Terms and Conditions (GTC) apply to entrepreneurs within the meaning of Section 310 (1) in conjunction with Section 14 of the German Civil Code (hereinafter referred to as "BGB"); entrepreneurs in this sense are natural or legal persons or partnerships with legal capacity with whom a business relationship is established and who act in the exercise of a commercial or independent professional activity.
    

2. The following General Terms and Conditions (“GTC”) apply to all our business activities and all contracts concluded between us and our contractual partners. This also applies if we do not expressly invoke these GTC in subsequent contracts.
    

3. Our terms and conditions apply exclusively; terms and conditions of contractual partners are not part of the contract. They will not be recognized even if we do not expressly object to them after receipt and in their knowledge provide the service incumbent on us. Terms and conditions of our contractual partners that deviate from our terms and conditions shall only become binding upon written confirmation by us.
    

4. We reserve the right to change the terms and conditions at any time with effect for the future, whereby the changes will only become part of the contract if the contractual partner agrees to the changes. The contractual partner will be informed by e-mail of any intended changes to the GTC 14 calendar days before the planned entry into force of the changes. With this information, we provide the contractual partner with the new version of the GTC. The contractual partner has the option of objecting to changes to the GTC within 14 calendar days of receipt of the information, in writing or in text form. If the contractual partner does not object to the changes to the GTC within this period, consent is deemed to have been granted.

Article 2

Conclusion of contract, subject matter of the contract

 

1. Our contractual partner has the possibility to book training, courses, course modules and similar services via our website, by e-mail or by post. The booking constitutes an offer to us to conclude a contract. We accept this offer by confirming the booking in text or written form. The booking is personal and cannot be transferred in writing or text form without our express consent.
    

2. The subject matter of the contract between the contractual partner and us is the provision of access to our seminars and course documents, as well as the implementation of practical training courses in our training centres in Berlin, Munich or at other training and training locations offered at our discretion. Depending on the topics and scope, we offer theoretical knowledge as well as practical exercises and training courses for all learning content and training courses. The contracting party will receive a certificate of participation issued by HyAc GmbH.
    

3.  The modules training and the exam are offered by us only as a package and cannot be booked in isolation. Depending on the scope, depth and content, the training, courses, course modules and similar services are offered via a platform for online learning courses, via a Livestream, in presence or in a mixed form. We reserve the right to partially complete the course or to provide learning materials in digital form in individual cases. There is no entitlement of the contracting parties to complete transfer of the learning materials in physical form. The examination usually takes place with the person being present. The determination of the examination dates and the cycle of the examination dates are at our discretion.
    

4. In the event of successful completion of an exam, we will issue the respective exam participant with the audited services in the form of a certificate for the recognition of the passed exam. These records and certificates state the objective, duration, assessment and module and subject designation of the module training.
    

5.  A performance guarantee for a booked course or module training only applies if this is expressly guaranteed by us in our offer and in the booking confirmation. We endeavour to carry out each offered course on time, but expressly reserve the right to cancel or reschedule for economic or factual reasons (for example due to insufficient numbers of participants). If we are unable to carry out a specific module training, we can cancel this without further liability to the contractual partners. In these cases, we will inform the contractual partner in good time and refund any payments already made, to the contractual partner.
    

6.  A contracting party is not entitled to the limitation of a module training with a specifically limited number of participants, as long as we have not guaranteed a maximum group size in writing in advance.

Article 3

Services and module contents

 

1. The modules training and courses are carried out in accordance with the program content published by us or the current service description on our website, the applicable legal provisions and the recognized rules of technology. In addition, we are entitled to determine and vary the method and type of service provided at our own discretion. 
    

2. The use of subcontractors and vicarious agents, in particular lecturers and speakers, by us as the organizer does not require the consent of the contractual partner. 
    

3. We reserve the right to exchange speakers at short notice and/or to postpone or change the program, provided that these do not significantly change the event objective. There is no entitlement to a module implementation by a specific speaker or at a specific venue, insofar as the change has no influence on the quality and content of the module training. 
    

4.  Statements and explanations about the educational services in our advertising materials as well as on our website and in the documentation are intended exclusively as a description of the learning objectives and content and not as a guarantee or assurance of a certain ownership of the knowledge conveyed. 

Article 4

Admission to courses and modules

 

1. Our courses are open to anyone who has the qualifications required by the relevant testing institutes for the desired qualifications, insofar as these are required in the service description of the module. The interested party or participant is solely responsible for fulfilling the admission requirements. Entitlements to a course without the fulfilment of the admission requirements determined by us are excluded. Otherwise, we reserve the right to reject an interested party in individual cases, provided that there is a factual reason for this that is to be agreed with the legal provisions. 
    

2. As far as admission requirements exist, HyAc GmbH is not obliged, but entitled to check whether the participant meets the necessary admission requirements. For this purpose, the participant must provide the necessary convincing documents and supporting evidence upon request. If the organizer does not exercise its right to review the admission requirements, the participant is obliged to pay the course fees even if the admission requirements are not met.

Article 5

Obligations of the participants

 

The participants undertake to observe the house rules applicable at the place of instruction, to follow the instructions of the teaching or training staff as well as the other support staff of HyAc GmbH and its vicarious agents, to regularly participate in the classroom events of the contractual educational service and to refrain from anything that could prevent the proper execution of the module training.

Article 6

Company training at the customer's premises

 

1. If, on the basis of an individual offer, we conduct courses and module training outside of our training rooms directly at a customer’s premises or at another location selected by the customer, the customer must ensure that they cooperate fully, that its vicarious agents or third parties are ready in good time and provided free of charge for us as the organizer.
    

2. Training materials, aids, assistants, training rooms etc. necessary for the implementation of the courses within the meaning of § 6 (1) shall be made available free of charge, unless expressly agreed otherwise with us. Furthermore, the customer is responsible for ensuring that the training rooms and their equipment comply with the applicable legislation, standards, safety regulations and accident prevention regulations. 
    

3. The customer shall bear the costs for any additional time or personnel expenses incurred as a result of the fact that the courses or practical training must be repeated or delayed in whole or in part as a result of delayed, incorrect or incomplete information on the local conditions (e.g. the technical equipment of the training rooms) or non-contractual cooperation actions. We are also entitled to additionally charge any additional expenses incurred if a fixed, lump sum and/or maximum price is agreed. 

Article 7

Service deadlines and dates for external course locations

 

1. The performance deadlines and dates contracted between us are based on an assessment of the scope of services, which in turn are based on the information provided by the customer, prior to the conclusion of the contract. This applies in the case of external course offers that do not take place in our training and education centre. They are only binding if and insofar as they have been expressly confirmed by us in writing as a fixed date. 
    

2. Insofar as deadlines have been bindingly agreed, they only begin to run once the customer has provided us with all the necessary documents and information. This applies accordingly to agreed fixed dates, which are extended by the period of a delay for which we are not responsible, even without the express consent of the client.

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Article 8

Prices and payment terms

 

1. The prices for the modules training, training courses and examinations result from the price lists available on our website or otherwise provided by us or the offer individually created by us.
    

2. Unless otherwise stated in the invoice itself, our invoices are payable within 14 days from the date of invoice – free of postage and expenses as well as without deductions – to our account specified in the invoice. After expiry of this period, the contractual partner will automatically be in default of payment without the need for a reminder.
    

3.  The retention of payments or the offsetting due to any counterclaims by the contractual partner that we have disputed and not legally established are not permissible. Furthermore, the contractual partner is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
    

4. In the event of non-compliance with the payment terms by the contractual partner (payer), all outstanding claims are due immediately. The contractual partner’s default in payment shall, result in the withholding of the service owed by us, subject to further statutory and/or contractual rights and claims. 

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Article 9

Cancellation policy

 

1. The free cancellation of a bindingly booked course is possible up to 4 weeks before the start of the course. A cancellation fee of 50% of the participation fee will be charged for cancellations by the contractual partner received by us within 4 weeks before the start of the course. For cancellations received later than 2 weeks before the start of the course, in case of absence from the event or in case of cancellation of participation, the full participation fee is payable. The appointment of a substitute participant is possible insofar as the course has not yet started and the substitute participant meets the admission requirements or we agree to participate in accordance with Article 4 (1). Any revocation rights of the contractual partner shall prevail.
    

2.  Cancellation must be made in writing. The participant has the right to prove that the organizer has incurred no or only minor damage from the cancellation.

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Article 10

Termination by HyAc GmbH

 

1. We are entitled to terminate the contract in the event of significant legal or official changes to the general conditions as well as for important reasons for which the participant or the contractual partner is responsible. Notice of termination shall be given in writing.
    

2. The legal right of the contractual partner to terminate the contract for good cause remains unaffected. 

 

Article 11

Right of use, prohibition of the distribution of content

 

1. We reserve all rights to copyright of the contents of the module training, in particular to the learning materials. Insofar as we grant the contractual partner a right of use of the contents of the modules training and the learning materials for their own learning purposes, this is designed as a simple right of use, limited to the duration of the contract and not transferable to third parties. 
    

2. The right of use is limited to the respective participant of the modules training. The contents of the modules training and the learning materials may only be used by the participant for their own use during the period of use. Any commercial distribution, in particular the sale, rental, duplication and distribution of the contents of the module trainings and the learning materials without our express written consent is prohibited. A breach of these obligations by the respective participant must be attributable to the contractual partner.
    

3. The contractual partner does not acquire any ownership or exploitation rights to the content or learning materials provided.
    

4. Trademarks, company logos, other marks, or protective notices, copyright notices, serial numbers, as well as other features used to identify the organizer or the licensor or individual elements thereof may not be removed or changed by the contractual partner or course participant.

 

Article 12

Limitation of Liability

 

We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the observance of which our contractual partner may regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damage. The same applies to breaches of duty by our vicarious agents. 

 

The above exclusions of liability do not apply to injury to life, body and health.

Article 13

Storage of the contract text

 

The contractual provisions with information on the booked services including these GTC and any cancellation instructions are sent to the contractual partner in the event of the conclusion of the contract in electronic legal transactions by e-mail with acceptance of the contract offer or with notification thereof. We do not store the contractual provisions. This regulation serves to fulfil the information obligations according to Section 312i (1) sentence 1 no. 2 of the BGB in conjunction with Art. 246c no. 2 EGBGB.

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Article 14

Final provisions

 

1. The exclusive place of jurisdiction for all disputes arising from or in connection with a contract between us and the contractual partner is Berlin, unless an exclusive legal place of jurisdiction is established. 
    

2. The law of the Federal Republic of Germany shall apply to these GTC and all legal relationships between us and the contractual partner. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. The contract language is German. Insofar as participants use a different language, the German text shall prevail. 
    

3. Should individual provisions of the contract with the participants including these GTC be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation shall be replaced by a regulation whose economic success comes as close as possible to that of the ineffective regulation.

 

Berlin, December 2022

 

HyAc GmbH

c/o The Office Group

          Kronenstraße 63,

                     10117 Berlin  

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