§ 1 Scope of application
These GTC regulate the contractual modalities between the registrant (hereinafter referred to as the „Participant“) and I love implants GmbH, Schwentineweg 11, D-24211 Rastorf (hereinafter referred to as the „Organizer“) for the training and seminar events offered by the Organizer.
§ 2 Registration/Waiting List
1 The notification of course offers by the organizer is non-binding. 2.
2. upon receipt by the organizer, the registration shall constitute a binding contractual offer by the participant to the organizer. The participant must provide all information required for the execution of the contract. If certain admission requirements must be met in order to participate in a course/event, the participant will receive confirmation of receipt of his/her registration and information on which documents are still required. After submitting the required documents, the participant will receive a final confirmation of registration if the course is not yet fully booked. Participation in the course/event without submission of the required documents is not possible. 3.
The contract is concluded by the organizer’s declaration of acceptance (confirmation of registration). The confirmation of registration indicates the start and location of the event. The confirmation of receipt of the registration from the participant by the organizer is not yet a declaration of acceptance.
4. if a registration is made at such short notice that a confirmation of registration by e-mail can no longer be sent, the contract shall be deemed to have been concluded if the registration for the course/event is confirmed to the participant in another appropriate manner.
5. registration for events via the web portal www.kieler-sushi.de takes place exclusively via the online registration form.
With the conclusion of the contract, contractual rights and obligations are established between the organizer and the participant. In particular, the participant expressly accepts these GTC.
7) Registrations will be processed in the order in which they are received.
8. if the training event requested by the participant is fully booked, the participant will automatically receive an inquiry as to whether he/she would like to be placed on the waiting list. If he/she wishes to do so, he/she will receive a message stating that he/she is on the waiting list. If the participant does not wish to be placed on the waiting list, he/she can cancel the process.
If the desired course place becomes available, the participant moves up according to the order of the waiting list (waiting list place) and receives information that the vacated course place is reserved for him/her. The participant has to confirm the reservation within two calendar days after the organizer has sent the reservation information (by e-mail to s.zernial@iloveimplants.de or by mail to I love implants GmbH, Schwentineweg 11, 24211 Rastorf). If no binding registration is received by the organizer within this period, the organizer will assign the course place to another participant.
§ 3 Payment modalities
1. the course fee can be found in the respective event information on the website www.kieler-sushi.de and must be confirmed by the participant via a mask during the booking process.
2. the participant receives a payment request from the organizer for the course fee to be paid in each case. The course fee is to be paid only after receipt of this payment request. The request for payment is sent to the participant after acceptance of the registration by the organizer. 3.
The final course fee must be transferred to the account of the organizer specified in the request for payment at the latest 2 weeks before the event. If this deadline cannot be met due to a short-notice registration, the amount is due immediately upon receipt of the payment request.
In the event of a delay in payment, the organizer reserves the right to exclude the participant from participation in the course or to refuse to issue the certificate of participation and/or the examination certificate until the course fee has been paid in full.
If an examination is required as part of the course, the examination fee is due upon admission to the examination. 6.
6. all amounts are to be paid plus value added tax, if applicable, at the current rate.
§ 4 Implementation of the course/event and organizational changes
1) The implementation and the content of the course/event are based on the service description, which results from the course/event program valid at the time of registration. The organizer expressly reserves the right to make changes to the program as long as the overall character of the event is maintained.
The organizer shall not be liable for the correctness and applicability of the teaching content conveyed by the speakers. 3.
3. there is no right to claim that an event will be held by a specific lecturer. This applies even if the event was announced with the name of a specific lecturer. The organizer shall ensure that the new lecturer is also appropriately qualified to convey the learning content in a sufficient manner. 4.
4. the organizer can change the place and time of the event for factual reasons.
5. in the case of courses/events that extend over several dates, the organizer shall divide the learning content among the respective course hours/course days. Both before and after the start of the course, it is possible for the organizer, for factual reasons, to change an initial division (advance notice) of the course material to the respective course hours/days.
Changes in the sense of No. 3 to 5 of this § 4 do not entitle the participant to withdraw from the contract or to reduce the fee. If the participant cannot reasonably be expected to participate in the further event after a change in the sense of No. 4 of this provision, the participant may terminate the contract. In this case, the participant must pay the fee for the course units that have already taken place on a pro rata basis. Fees already paid for courses that have not taken place/partly not taken place will be refunded to the participant (on a pro rata basis). Cancellation must be made in text form (e.g. by letter, e-mail). Further claims are excluded, except in cases of intentional, grossly negligent or fraudulent conduct on the part of the organizer, its employees or other agents of the organizer.
§ 5 Withdrawal/Cancellation by the Organizer
1. in order for a course to take place at the stated fee, it is necessary, unless another minimum number of participants is stated in the respective course announcement. If the minimum number of participants is not reached, the organizer can cancel the contract. Cancellation shall be made in writing by the organizer no later than 14 days before the start of the course. If the course fee has already been transferred, it will be refunded immediately. Further claims are excluded, except in cases of intentional, grossly negligent or fraudulent conduct by the organizer, its employees or other agents of the organizer. In the event of a withdrawal due to the minimum number of participants not being reached, the participant will receive an alternative offer from the organizer – if available – at another course location or on another date.
2. all events or circumstances whose prevention is beyond the control of the organizer (circumstances of force majeure), in particular war, fire, natural disasters, labor disputes, failure of suppliers, acts of terrorism, pandemics and official orders, shall release the event from the fulfillment of its contractual obligations for the duration of the disruption and to the extent of its effects on this agreement. The organizer will inform the participant immediately. If a course cannot take place in whole or in part due to circumstances of force majeure, the organizer may withdraw from or terminate the agreement. In this case, the participant must pay the fee for the course units that have already taken place on a pro rata basis. Fees already paid for courses that have not taken place/partly not taken place will be refunded to the participant (on a pro rata basis). Further claims are excluded.
The organizer may terminate the contract without notice for good cause. An important reason exists in particular in the following cases: (i) violations of the house rules in force at the venue by the participant, (ii) defamation by the participant of any kind towards instructors and/or other participants, (iii) disruptions of the events by the participant which result in the organizer no longer being able to fulfill its contractual obligations towards the other participants
(iv) and/or behavior by the participant that endangers him/herself, other participants, instructors and/or third parties.
(4) Instead of termination according to No. 3, the organizer may also exclude the participant from the event.
5. the organizer’s claim to payment of the course fee shall not be affected by a termination according to No. 3 or an exclusion according to No. 4.
The lecturer shall be entitled to represent the organizer in exercising its rights vis-à-vis the participant and to issue declarations of intent on behalf of the participant within the scope of this clause 5.
§ 6 Cancellation by the participant
Irrespective of the legal right of withdrawal for consumers, each participant can cancel and withdraw from bindingly booked courses in accordance with the following regulations. Legal rights of withdrawal of the participant remain unaffected. 2.
2. 29 days prior to the start of the course, there is no obligation to pay.
3. 50% of the course fee must be paid in the event of cancellation from the 28th to the 14th day before the start of the respective course.
4. 100 % of the course fee must be paid in the event of cancellation from the 13th day before the start of the respective course. The provisions regarding the payment obligation under 2. to 4. only apply insofar as nothing to the contrary is specified in the respective course announcement. 5.
5. the deduction of saved expenses is taken into account by the above numbers 2 and 2 of this § 6. The participant is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed. The organizer is free to prove that a higher claim has arisen. If, in the event of cancellation, the organizer is able to provide the services covered by the cancellation in whole or in part to third parties, the organizer’s claim for compensation from the participant shall be reduced accordingly by the amount paid by these third parties for the service covered by the cancellation, but no more than the entire claim for compensation from the participant. 6.
In the case of multi-part seminars that can only be booked in their entirety, it is not possible to cancel individual parts of the course. Even in the case of non-participation in individual parts of the course, the course fee is therefore due in its entirety. If the participant misses parts of the course, the course fee will not be refunded on a pro rata basis.
Participants may not exchange their course places with each other. The allocation of course places is the sole responsibility of the organizer in consultation with the respective course instructor.
Cancellation must be made in writing (e.g. by letter or e-mail). The date of receipt by the organizer is decisive. Cancellations or cancellations by telephone are not possible. 9.
9. failure to attend the course in whole or in part shall not result in a reduction or refund of the course fee.
§ 7 Teaching and learning materials and copyright
(1) Required teaching and learning materials are to be procured and paid for by the participant him/herself.
2. insofar as the organizer issues working materials or other documents to the participant, these are protected by copyright and may not be reproduced – not even in part – without the prior consent of the organizer. All rights to work materials or other documents are reserved by the organizer. This does not affect the participant’s right to use the materials in accordance with general law. The documents are provided by the organizer exclusively to the participant.
§ 8 Certificates and Examinations
1. if no examination is required at the end of a course, the participant shall receive a certificate of attendance after the end of the course.
certificate of attendance at the end of the course.
2. if an examination is required at the end of a part of the course, the organizer shall issue the participant with a certificate stating whether or not he/she has passed the part of the examination and the examination result achieved.
The organizer shall issue an examination certificate stating that the participant has passed the final examination. 4.
4. if a participant does not pass a final examination, if necessary also the repeat examination, for which a separate fee is to be paid, there is no right to reimbursement of the course fees.
5 Certificates and/or examination certificates will only be issued to the participant if the course fee has been paid in full.
6. if an examination is required to complete a part of the course – in accordance with the course description on the website www.kieler-sushi.de – the examination guidelines of the organizer shall be binding.
7. the fee for the examination and the repeat examination is stated in the examination guideline and shown in the course description on the website www.kieler-sushi.de.
§ 9 Liability
1. the participant stays in the event rooms at his/her own risk. During application demonstrations and exercises that participants perform among themselves or especially on patients, the participant acts at his/her own risk and peril. The organizer therefore recommends that the participant take out appropriate insurance (e.g. professional indemnity insurance).
The organizer is liable for damages or reimbursement of futile expenses without limitation(i) in the case of intent or gross negligence, (ii) in the case of intent or gross negligence of its legal representatives or its vicarious agents, (iii) for injury to life, limb or health, (iv) in accordance with the provisions of the Product Liability Act, (v) to the extent of a guarantee assumed by it, and (vi) in the case of fraudulent intent.
The same shall apply in the event of a debtor’s default on the part of the organizer for claims to interest on arrears, to the lump sum for default pursuant to Section 288 (5) of the German Civil Code (BGB) as well as to compensation for the damage caused by the default, which is justified in the costs of legal action. The provision in paragraph 1 does not limit the liability of the organizer according to this paragraph 2.
3. in the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), liability shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question. The same shall apply in the event of default on the part of the organizer or the impossibility of performance for which the organizer is responsible.
§ 10 Data storage and right to information
Personal data of the participants will be processed by the organizer in accordance with the attached privacy policy.
§ 11 Consent to image recording and publication by the organizer
The organizer reserves the right to take photographs of participants during the courses/events and to publish these for reporting and documentation purposes in training documents, course descriptions, for corporate communication via online presences (e.g. website, social media presences, etc.), and for the purposes of the organizer. 2. to publish and disseminate the photographic material for reporting and documentation purposes in training course descriptions, for corporate communication via online presences (e.g. website, social media presences), in presentations, on the intranet and in the context of other electronic media, digital channels and in the context of print products for reporting, for public relations, for marketing purposes and for advertising subsequent events in all known and unknown types of use – if necessary also in edited and modified form.
If publication of the photographic material is not desired, the participant must inform the organizer of this in writing (e.g. by letter or e-mail) before the start of the course/event.
§ 12 Sound and Image Recordings
The participant is prohibited from making audio and video recordings during the event.
§ 13 Consumer Right of Revocation
1. if the participant books paid events with the organizer as a consumer, the participant shall have a consumer right of revocation in accordance with the appendix to these conditions of participation. According to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 2.
2. the events take place on the event dates. With the booking, the participant requests that the organizer performs the service on the specified dates regardless of the prior expiration of the cancellation period.
§ 14 Final provisions
1. should one or more of these terms and conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining terms and conditions shall not be affected.
2. disputes are subject to German law.
3. if the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the court responsible for the organizer’s registered office shall have jurisdiction over disputes arising from the contractual relationship.
Consumer cancellation policy
Right of revocation
You may revoke your contractual declaration within 14 days without stating any reasons by means of a clear declaration; you may use our attached model revocation form for this purpose, which is, however, not mandatory. The period begins after receipt of this instruction on a durable medium, but not before conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246b § 2 paragraph 1 in conjunction with Article 246b § 1 paragraph 1 EGBGB. To comply with the revocation period, it is sufficient to send the revocation in due time if the declaration is made on a durable data medium (e.g. letter, e-mail).
The revocation is to be sent to: I love implants GmbH Schwentineweg 11
D-24211 Rastorf
or by e-mail to s.zernial@iloveimplants.de
Consequences of revocation
In the event of an effective revocation, the mutually received services are to be returned. You are obligated to pay compensation for the services rendered up to the time of revocation if you were made aware of this legal consequence prior to submitting your contractual declaration and expressly consented to our commencing with the performance of the service in return before the end of the revocation period. If there is an obligation to pay compensation for lost value, this may mean that you still have to fulfill the contractual payment obligations for the period until the revocation. Your right of revocation shall expire prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt.
Special notes
Your right of revocation expires prematurely if the contract has been completely fulfilled and you have expressly agreed to this.
Financed transactions
If you have financed this contract by means of a loan and revoke the financed contract, you shall also no longer be bound by the loan agreement if both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation or return becomes effective, you may not only claim against us but also against your lender in respect of the reversal. The latter does not apply if the subject matter of the present contract is the purchase of securities, foreign exchange, derivatives or precious metals.
END OF THE CANCELLATION POLICY
I have taken note of the above cancellation instructions.
[in case of electronic conclusion here provide a checkbox, the active clicking of which is necessary to confirm knowledge in order to proceed in the booking process].
Sample cancellation form Sample cancellation form
If you wish to cancel the contract, please fill out and return this form:
To:
I love implants GmbH
Schwentineweg 11
D-24211 Rastorf
or by e-mail to s.zernial@iloveimplants.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:_____________ (*) /the provision of the following service:_______________ (*)
Ordered on _________________(*) Received on:______________(*)
Name des/der Verbraucher(s):________________________________________
Address of consumer(s): _________________________________________________________________________
Signature of consumer(s) __________________________________ (only in case of paper communication)
Datum _______________________________________________________ (*)