§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us, crossculture academy GmbH, Filderstr. 45, 70180 Stuttgart, and you as our customer. These GTC also apply to all future business with you without the need for a renewed reference to our GTC.

(2) The version of the GTC valid at the time of the conclusion of the contract shall apply.

(3) We do not accept any deviating terms and conditions set by you. This also applies if we do not expressly object to their inclusion.

(4) You hereby undertake to also bring these terms and conditions to the attention of the participants you have named to us for the booked program.

§ 2 Conclusion of Contract

(1) The presentation and promotion of items on our website does not constitute a binding offer to provide the services described there.

(2) If we make you an offer for one or more of our services (also referred to as “program”) in response to your inquiry, we are bound by our offer for a period of two weeks from the offer date.

(3) If you place an order with us, you are bound by 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 to the documents belonging to our offer. Third parties may only be given access to the documents with our consent.

(5) The contract language is exclusively German.

§ 3 Prices

(1) All prices quoted are net prices, to which value-added tax at the statutory rate is added. In the event of a change in VAT, we are entitled to adjust our prices accordingly.

(2) For trips necessary for the fulfillment of the contract, we will charge you the actual costs incurred (2nd class train travel, flights in economy class). For car trips, we charge €0.75 plus VAT per kilometer driven.

§ 4 Payment Terms

Our invoices are due for payment 14 days after receipt by you.

§ 5 Cancellation

You may cancel your booking at any time in text form, even as an entrepreneur or merchant. We will charge you the following cancellation fees:

Cancellation up to four weeks before the first start of the program: No cancellation fees

Cancellation up to two weeks before the first start of the program: 25% of the seminar price

Cancellation up to one week before the first start of the program: 50% of the seminar price

Cancellation up to two days before the first start of the program: 90% of the seminar price

Cancellation from the day before the first start of the program: 100% of the seminar price.

Additional costs may apply for services rendered by third parties.

§ 6 Our Services – Subcontractors – Trainer Changes

(1) The scope of the service owed by us is set out in our offer, § 2 (2) of the GTC.

(2) As with any educational offering, the success of the program also depends on the participation, interest, and willingness of the participant to learn. We cannot guarantee success.

(3) We are entitled to subcontract orders in whole or in part to subcontractors, particularly freelance trainers. This does not affect our obligations to you.

(4) We reserve the right to replace trainers we have used at any time with trainers of at least equal qualification.

§ 7 Technical Requirements

(1) If the program is conducted in whole or in part online, we use common online applications such as video conferencing 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, generally with a bandwidth of at least 10 Mbit/s download and 1 Mbit/s upload
– Computer hardware (laptop, computer) with sound output, microphone, and camera
– A browser software common at the time of the event
– Possibly registrations within the used online applications

(2) You are responsible for the availability and functionality of the participants’ equipment, e.g., hardware and software. If the equipment is not available or does not function properly for the program, the missed program is nevertheless payable by you.

§ 8 Termination

(1) If the program you have booked is not a one-time event or limited to a defined number of events, you may terminate the contract at any time with two weeks’ notice to the end of the month.

(2) In the event of termination, we will refund any prepaid fees for the period after the termination takes effect.

(3) The right to terminate without notice remains unaffected.

§ 9 Rights of Use to Content

We hold the rights of use to all teaching content and materials. We grant you as our contractual partner a simple, non-exclusive, and non-transferable right of use of this content for the purpose of participating in the program you have booked. This includes participation in the program itself, preparation for the program, and the unlimited post-processing of the program using the materials. If we offer the option to download content, we permit you to retrieve and store this data for your own use on your own data carriers. We expressly do not permit the transfer of the materials to third parties or the sublicensing.

§ 10 Material and Legal Defects

(1) In the event of any material or legal defects in delivered materials or the program, you are entitled to all rights under statutory provisions. This means that you can primarily demand subsequent performance, i.e., at your discretion, replacement delivery or rectification of defects. If the further legal requirements are met, you are entitled to reduce the purchase price or withdraw from the contract.

(2) The restrictions and exclusions provided in § 12 apply to claims for damages or reimbursement of futile expenses.

§ 11 Damages – Withdrawal

(1) If we breach a duty arising from the contractual relationship or do not provide the service due or do not provide it as owed, you may withdraw from the contract and claim damages resulting therefrom in accordance with the statutory provisions.

(2) You cannot withdraw from the contract if our breach of duty is insignificant.

(3) Notwithstanding the statutory provisions, we are entitled to withdraw from the contract if:

– You behave in breach of contract and the breach of duty is significant,
– You have made false statements about your creditworthiness, or
– The service owed by us is not available. In this case, we undertake to inform you immediately of the unavailability and to refund your consideration without delay.

§ 12 Liability

(1) We are liable if we are at fault for intent or gross negligence. We are only liable for simple negligence if a duty is violated, the fulfillment of which enables the proper execution of the contract in the first place and which you regularly trust to comply with (so-called cardinal duty). Otherwise, liability for damages of any kind, regardless of the legal basis, including liability for culpa in contrahendo, is excluded.

(2) If we are liable for simple negligence under paragraph 1, our liability is limited to the damage we typically had to reckon with at the time of conclusion of the contract based on the circumstances known at that time.

(3) The above exclusions and limitations of liability do not apply if we have assumed a guarantee for the condition of the goods, nor for damages that are to be compensated under the Product Liability Act, nor for damages resulting from injury to life, body, or health.

(4) The above exclusions and limitations of liability also apply in favor of our employees, agents, and other third parties whom we use to fulfill the contract.

§ 13 Data Protection

(1) We collect and store your data necessary for the business transaction as well as the data of the participants registered by you. We comply with the statutory provisions when processing your personal data. Details can be found in the privacy policy available on our online offer.

(2) You can request information about the data stored about you at any time.

§ 14 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Sales Law.

(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; however, we are also entitled to sue you at your domicile. Otherwise, the applicable statutory provisions shall apply for local and international jurisdiction.

§ 15 Alternative Dispute Resolution

(1) The EU Commission provides a platform for online dispute resolution at 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 purchase or service contracts involving a consumer.

(2) We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 16 Severability Clause

Should any provision of the contract, any provision subsequently included therein, or any provision of these terms and conditions be or become wholly or partially invalid or unenforceable, or should a gap arise, this shall not affect the validity of the remaining provisions. In such cases, the contracting parties agree to apply the statutory provisions in place of the invalid or unenforceable provision or to fill the gap.

Status 01.08.2022