§ 1 Scope
(1) These General Conditions of Sale (hereinafter: GTC) apply to all between us, the crossculture academy
GmbH, Filderstr. 45, 70180 Stuttgart, and you as our customer. These GTC also apply to all future transactions with you, without any need to refer to our GTC again.
(2) The version of the GTC valid at the time of conclusion of the contract is decisive.
(3) We do not accept any differing terms and conditions you have set. This also applies if we do not expressly object to inclusion.
(4) You hereby undertake to bring these Terms and Conditions to the attention of the participants of the
booked program named by you.
§ 2 Conclusion of contract
(1) By presenting and applying articles on our website, we do not make a binding offer to provide the services described in the site.
(2) If we make you an offer for one or more of our services (also called “program”) upon your request, we will stick to our offer for a period of two weeks from the offer date.
(3) If you place an order, you will be bound to your order for a period of two weeks. Orders require our
confirmation in text form to be legally effective.
(4) We retain ownership, copyright and other rights in the documents belonging to our offer. The documents may only be made available to third parties after our approval.
(5) Contract language is exclusively German.
§ 3 Prices
(1) All prices are net prices, to which the value added tax in the legal amount is added. In the event of a change in the VAT, we are entitled to adjust our prices accordingly.
(2) For journeys necessary to fulfil the contract, we will charge you the actual costs (2nd class rail trip, economy class air travel). We charge € 0.75 plus VAT per kilometer driven for journeys by car.
§ 4 Terms of payment
Our invoices are due 14 days after receipt by you.
§ 5 Cancellation
You can, also as an entrepreneur or merchant, cancel your booking at any time in writing to us. We will charge you the following cancellation fees:
Cancellation up to four weeks before program starts: No cancellation fees
Cancellation up to two weeks before the program starts: 25% of the seminar price
Cancellation up to one week before the program starts: 50% of the seminar price
Cancellation up to two days before the program starts: 90% of the seminar price
Cancellation from the day before the program starts: 100% of the seminar price
Where appropriate, costs for third-party services used shall be added.
§ 6 Our services – subcontractors – change of trainers
(1) The scope of the service we owe results from our offer, § 2 (2) of the GTC.
(2) As with any educational offer, the success of the program depends on the participant’s
participation, interest and willingness to learn. We cannot guarantee success in learning.
(3) We are entitled to assign orders in whole or in part to subcontractors, in particular freelance trainers. This does not affect our obligations to you.
(4) We reserve the right at any time to replace coaches we employ with at least equally qualified
§ 7 Technical requirements
(1) If the program is run entirely or partially online, we use common online applications such as
videoconferencing programs and learning platforms. You or the participants you have registered must also use these online applications to participate in the program. In addition, participants need at least the following technical equipment for online events:
- an internet connection, usually with a bandwidth of at least 10 Mbit/s download and 1 Mbit/s upload
- a computer hardware (laptop, computer) with sound output, microphone and camera
- a browser software common at the time of the event
- if necessary registrations within the online applications used
(2) You are responsible for the availability and functionality of the equipment of the participants,
e.g. hardware and software. If the equipment to the program is not available or does not work, the
program you have failed to provide will be payable by you regardless.
§ 8 Termination
(1) If the program you have booked is not one off or is limited to a defined number of events, you can cancel the contract at any time with a deadline of two weeks at the end of the month.
(2) In the event of termination, we will refund you any advance payment you may have received from you for the period after the termination takes effect.
(3) The right to terminate without notice remains unaffected.
§ 9 Content Usage Rights
We hold the usage rights to all content and materials. As our contractual partner, we grant you a simple, non-exclusive and non transferrable right to use these contents for the purpose of participating in the program you have booked. This includes participation in the program itself, preparation for the program and the permanent finalization of the program using materials. If we offer a possibility to download content, we allow you to retrieve this data for your own use on our own data carriers. We expressly do not allow you to pass on the materials to third parties and sublicense them.
§ 10 Material and legal defects
(1) In the event of any material defects or defects in title of the delivered materials or the program, you
have all rights under the statutory provisions. This means that you can first and foremost demand subsequent performance, i.e. delivery or rectification of defects at your option. If the further statutory requirements are met, you are entitled to reduce the purchase price or to withdraw from the contract.
(2) The restrictions and exceptions provided for in paragraph 12 apply to claims for damages or compensation for useless expenses.
§ 11 Compensation for damages – withdrawal
(1) If we violate an obligation arising from the contractual relationship or if we do not perform the service due or do not perform as owed, you may withdraw from the contract and demand compensation for the damage resulting from it, in compliance with the statutory provisions.
(2) You cannot withdraw from the contract if our breach of duty is irrelevant.
(3) Notwithstanding the statutory provisions, we are entitled to withdraw from the contract if:
- If you are acting contrary to the contract and the breach of duty is serious,
- You have provided incorrect information about your credit rating; or
- the service owed by us is not available. In this case, we undertake to inform you immediately of the
unavailability and to reimburse the consideration provided by you immediately.
§ 12 Liability
The following disclaimers and limitations of liability shall apply to liability of us for damages.
(1) We shall be liable if we are guilty of intent or gross negligence. We shall only be liable for simple negligence in the event of a breach of an obligation, the fulfilment of which enables the proper performance of the contract in the first place and on whose compliance you may regularly trust (so-called cardinal obligation). Furthermore, liability for damages of all kinds, whatever the basis of the claim, including liability for fault at the conclusion of the contract, is excluded.
(2) If we are liable for simple negligence in accordance with paragraph 1, our liability shall be limited to the damage that we typically had to expect to incur in the circumstances known at the conclusion of the contract.
(3) The above disclaimer and limitations of liability shall not apply if we have taken over a warranty for the
quality of the goods, nor for damages to be compensated under the Product Liability Act, nor for damage to life, body or health.
(4) The foregoing disclaimers and limitations of liability also apply in favor of our employees, vicarious agents and other third parties whom we use to perform the contract.
§ 13 Data Protection
(2) On request, you will always receive information about the data stored about you.
§ 14 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is Stuttgart; We are, however, entitled to sue you also in your court of residence. In addition, the applicable legal provisions apply to local and international jurisdiction.
§ 15 Alternative Dispute Resolution
(1) The European Commission is providing an online dispute resolution platform on the Internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
(2) We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer
§ 16 Divisibility clause
If any provision of the contract, any future provision or provision of these terms and conditions is, in whole or in part, ineffective or impracticable, or if the effectiveness or feasibility is lost or a gap is identified, this shall not affect the validity of the remaining provisions. In this case, the contracting parties agree to apply the statutory provisions instead of the invalid and unenforceable provision or to fill the gap.
Version: August 1st 2022