Services

Standard Terms of Business of Bucerius Education GmbH for Public Seminar Events

(as in June 2015)

1. General Points
These standard terms of business apply to the entire business relationship between Bucerius Education GmbH and the participants in its public seminar events. “Public Seminars” are events that are publicly offered as seminars in Bucerius Education GmbH brochures or Internet appearances. They do not include seminars and events offered by Bucerius Education GmbH to a client as a company-internal or office-internal program.

All formulations referring to the male gender are intended to apply equally to persons of both genders.

The contract language is German.

2. Contract Partner
Bucerius Education GmbH
Jungiusstraße 6, D 20355 - Hamburg
Tel.: +49 (0)40 30706-267
Fax: +49 (0)40 30706-269
E-Mail: bucerius-education(at)law-school.de
www.bucerius-education.de

Hamburg District Court “Amtsgericht”, HRB 91658
Taxpayer's Reference Number: 17/837/00715
VAT Identification Number USt.-IdNr.: DE814159820
Managing Directors: Dr. Patrick Schroer, Maike Lütkens

Subject Matter of the Contract
Seminars in accordance with the description on the Internet site www.bucerius-education.de.

3. Price
The fee of the respective seminar is given in the description to be found under www.bucerius-education.de. It is also indicated at the end of the booking procedure. The price is given net, before addition of the valid turnover tax at the time of the application. Unless otherwise explicitly stated in the description, the price of a seminar includes participation in the event, as well as all materials, documents, handouts and certificates of participation. Other services such as lunch or dinner and refreshments in the breaks are only included if these are not to be paid separately in keeping with the description of the seminar.

The seminar fee is to be paid by the participants before the commencement of the seminar. It will be invoiced after the sending of confirmation of registration. The fee is due immediately on receipt of the invoice and must be transferred to the account given in the invoice within 14 days. In this connection the name of the participant and the invoice number must be given. If payment has not been received by the day of the event and no corresponding proof can be provided by the participant, Bucerius Education GmbH reserves the right to refuse participation in the seminar.

4. Registration
Registration for a seminar is made online or else in writing -– per letter, fax or e-mail -– using our registration form and in each case subject to recognition of these standard terms of business. In using our registration form you have the opportunity to check that your disclosures are correct and complete, and to make any necessary corrections, before sending off the form. Registration for an event represents a binding offer. This is regarded as accepted if Bucerius Education GmbH does not reject it within 14 days of its receipt. Regardless of this, participants are sent confirmation of registration by Bucerius Education GmbH. The registration form is stored by us electronically and can be made available to you electronically upon request.

5. Communication
The communication between Bucerius Education GmbH and the participants invariably takes place by e-mail, unless some other form of communication has been explicitly agreed on. To this end Bucerius Education GmbH participants must provide an e-mail address as part of their current contact data. Bucerius Education GmbH must be notified by the participant immediately of any changes in the contact data. The e-mail correspondence takes place uncoded. Participants must also ensure that their e-mail address is protected against access by unauthorized third parties and that the receipt of e-mails from Bucerius Education GmbH is not prevented for reasons that lie within their control (e.g. a full post box, a spam filter, etc.).

6. Right of Revocation
Consumers in the sense of section § 13 of the German Civil Code “Bürgerliches Gesetzbuch (BGB)” have the following right of revocation. A consumer in the sense of § 13 of BGB is a person who concludes a contract for a purpose that can neither be regarded as commercial, nor as falling within the sphere of a freelance or self-employed professional activity.
a. Instruction on Revocation

Instruction on Revocation
Right of Revocation
You have the right to revoke this contract within fourteen days without having to give any reasons for doing so. The revocation period is fourteen days as from the day of conclusion of contract.
To exercise your right of revocation you have to send us,

Bucerius Education GmbH
Jungiusstraße 6
D-20355 Hamburg
Tel.: +49 40 307 06 -267
Fax: +49 40 307 06-269
E-mail: bucerius-education(at)law-school.de
an explicit declaration (e.g. in a letter sent by post, by fax or by e-mail) of your decision to revoke this contract. To this end you can make use of the sample revocation form attached, though this is not a requirement.
To satisfy the revocation deadline it is sufficient that you send off your notification as to the exercising of the right of revocation before expiry of the revocation period.
Consequences of the Revocation
If you revoke this contract we must return to you all payments received from you, including delivery costs (with the exception of additional costs resulting from a decision made by you in favour of another type of delivery than the most favourably priced standard delivery customarily offered by us), immediately, and at the latest within fourteen days of the date on which we received the notification as to your revocation of this contract. For this repayment we will make use of the same means of payment used by you in the original transaction, unless some alternative has been explicitly agreed with you. On no account will you be charged for this repayment.
If you have demanded that the services begin during the revocation period, you must pay us a reasonable sum that corresponds to that share of the whole equivalent to the services provided up to the time at which we were notified by you of your exercising of the right of revocation with respect to this contract as compared with the overall extent of the foreseen services covered by the contract.
End of the Instruction on Revocation

b. Sample Revocation Form
For a revocation you can make use of the following sample revocation form, though this is not required:

Sample for the Revocation Form

Sample Revocation Form
(If you want to revoke the contract then please fill out this form and send it back to us.)
To
Bucerius Education GmbH
Jungiusstraße 6
D-20355 Hamburg,
Tel.: +49 40 307 06 -267
Fax: +49 40 307 06-269
E-mail: bucerius-education(at)law-school.de:
–I/We (*) hereby revoke the contract concluded by me/us (*) on the provision of the following service (*)
–Ordered on (*) / Received on (*)
–Name of the consumer(s)
–Address of the consumers(s)
–Signature of the consumers(s) (only if the notification is sent on paper)
  –Date
__________
(*) delete what is inapplicable.

7. Cancellation and Rebooking
Up to two weeks before commencement of the seminar rebooking or cancellation of the participation is possible by letter, fax or e-mail, against a charge of EUR 35 plus VAT. The day of receipt of the notification by letter, fax or e-mail by Bucerius Education GmbH is determinative here. Thereafter, the full fee will be invoiced, even in the event of non-participation or part participation. This does not apply if the contract partner can show that Bucerius Education GmbH has suffered no loss whatsoever, or that any such loss is considerably less. A substitute participant can be named at any time and without this involving any additional charge.

The right of revocation (point 6) is not affected by this.

8. Program Changes and Cancellations
Bucerius Education GmbH reserves the right to make program changes provided the essential concept of the event remains basically unaltered. Changes of lecturers, insignificant changes in the order of the event or a reasonable change in the venue of the event do not constitute a reason for price reduction or for withdrawal from the contract, provided these changes do not significantly alter the use of the event for the participants.

If Bucerius Education GmbH is compelled to cancel an event due to failure to reach the minimum number of participants required, or in cases of force majeure such as natural catastrophe, illness of the lecturer, or unforeseeable occurrences, no right to holding of the seminar exists. In this case the participants will be refunded the full seminar fee immediately.

Participants will be informed immediately about program changes or cancellation. In the latter case Bucerius Education GmbH will make efforts to offer substitute dates.

9. Documents, Certificate of Participation, Data Protection
The work material made available to the participants in electronic or in printed form is protected by copyright. The holder of the rights is Bucerius Education GmbH. The work material is intended solely for cooperation in the respective events and for private use by the participants. Participants are not permitted to pass on the work material to third parties, or to otherwise circulate it.

Participants are given a certificate of participation by Bucerius Education GmbH. In specially identified cases this can serve as proof of compulsory vocational training in keeping with section § 15 of the German Legal Order for Specialized Lawyers »Fachanwaltsordnung (FAO)«.

The names and data of the participants will be processed and stored in keeping with the applicable data-protection regulations. The participants state their consent to this in the registration form. The names can be made available to the other participants – subject to the granting of separate consent in the registration form – via a list of participants.

Bucerius Education GmbH makes use, in some cases, of external third parties / service companies for purposes of advertising and future information on offers of seminars and events, as well as for their evaluation. These service companies are carefully selected. The confidential and secure handling of person-specific data by the service companies is ensured by corresponding contracts and regular checking of the service companies. In addition to this, on principle Bucerius Education GmbH does not pass on stored data on the participants transferred via the registration form and in the context of the evaluation to third parties, unless it is legally compelled in individual cases to do so on the basis of a ruling by a responsible public body or a state facility.

Each participant has the right to revoke his consent to the storage and use of his data at any time, and to reject the future sending of information material. The revocation is to be sent – in writing or by e-mail – to:

Bucerius Education GmbH
at Bucerius Law School
Jungiusstraße 6
D 20355 - Hamburg
Tel.: +49 (0)40 30706-267
Fax: +49 (0)40 30706-269
E-Mail: bucerius-education(at)law-school.de.

10. Hotel Bookings
Reservation of hotel rooms is to be undertaken independently by each of the participants as a self-payer. Upon request, Bucerius Education GmbH will send the participant information on its hotel contingents at privileged conditions and on accommodation in the vicinity of the venue. Bucerius Education GmbH is not obliged to provide either hotel contingents or hotel contingents with privileged conditions.


11. Liability of Bucerius Education GmbH
Bucerius Education GmbH accepts no liability for damage resulting from force majeure, uprisings, acts of war or natural occurrences, or from other occurrences for which it is not answerable (such as strike, lockouts, traffic disturbances, or acts of high authority at home or abroad).

In the event of violation of contractual or non-contractual obligations Bucerius Education GmbH accepts liability in keeping with the relevant statutory regulations, unless some other agreement is reached hereinafter. As regards compensation, Bucerius Education GmbH accepts liability – regardless of the legal grounds – for malintent and for gross negligence. In cases of slight negligence Bucerius Education GmbH will only be liable for damage from injury to life, to limb or to health, and for damage arising from violation of an essential contractual obligation (an obligation on the fulfilment of which the proper and orderly implementation of the contract is dependent and on compliance with which the contract partner regularly trusts and is entitled to trust); in the latter case, however, liability is limited to restitution of the foreseeable, typical level of damage occurring.

12. Liability of the Participants
If, due to culpable behaviour, a participant contributes towards the occurrence of damage, the principles of partial responsibility will determine the extent to which Bucerius Education GmbH and the participant are to bear the damage.


13. Place of Performance
The place of performance chosen for the holding of the seminar by Bucerius Education GmbH is in each case the venue described on www.bucerius-education.de; otherwise the place of performance is Hamburg.


14. Application of German Law, Place of Jurisdiction
German law applies to the business relationship between the participants and Bucerius Education GmbH. The place of jurisdiction is Hamburg, provided agreement on this is permissible.

15. Ancillary Agreements
Ancillary agreements and agreements that differ from these standard terms of business require the written form. This also applies to any annulment of the written-form requirement.

16. Final Clause
Should one of the provisions of these standard terms of business prove to be ineffective or impracticable, whether at present or at some future date, the legal force of the remaining provisions will be unaffected by this. In place of the ineffective or impracticable provision an effective and practicable provision that commercially most closely approaches the desired objectives of the parties will be regarded as agreed on.

Download Standard Terms of Business of Bucerius Education GmbH for Public Seminar Events