AGB BQH.

General Terms and Conditions of BQH GmbH, Hartmannstr. 8, 44147 Dortmund, for seminars of the Beratungs- und Qualifizierungszentrums für Hebe-, Transport- und Zurrtechnik 

1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts with entrepreneurs within the meaning of § 14 BGB (hereinafter referred to as "Contractual Partner") for participation in training courses, seminars and training sessions (hereinafter uniformly referred to as "Seminars") of the Beratungs- und Qualifizierungszentrums für Hebe-, Transport- und Zurrtechnik der BQH GmbH, Hartmannstr. 8, 44147 Dortmund (hereinafter referred to as "we" or "BQH").

1.2 These GTC shall apply exclusively. Deviating and/or supplementary general terms and conditions of the contractual partner shall not apply. We hereby object to these. They shall only apply if and insofar as we have expressly agreed to them or parts thereof. The unconditional provision of the service by us does not constitute any acknowledgement of the contractual partner's general terms and conditions that deviate from or supplement these GTC.

2. Conclusion of contract, cancellation conditions

2.1 Our offers are subject to change and non-binding, unless we have expressly agreed that they are binding.

2.2 The subject matter of the contract is the agreed service. No success is owed.

2.3 The contractual partner is the company registering the participants. The registration by the contractual partner (which can be made in writing, by fax, online or by e-mail) constitutes an offer to us to conclude the contract. We can accept this offer by means of an order confirmation in text form.

2.4 Irrespective of any statutory claims, we grant the contractual partner the following cancellation option:

In the event of cancellation after conclusion of the contract up to and including the 45th day before the event, cancellation is possible for a processing fee of 50.00 euros;

In the event of cancellation less than 45 days before the event up to and including the 15th day before the event, 50% of the seminar costs will be refunded;

In the event of cancellation less than 15 days before the event, we will charge the full seminar fee.

Any seminar fee for the contractual partner is waived if the contractual partner names another participant / contractual partner for the booked event and a contract to the same extent for the event is concluded with this participant / contractual partner.

3. Subcontractors, lecturers

We are authorised to use subcontractors to conduct the seminars. The lecturers may be either BQH lecturers or external third parties at our discretion.

4. Set-off, retention

4.1 The contractual partner is only entitled to withhold payments due to undisputed or legally established counterclaims and such claims that are based on the same contractual relationship. The contractual partner shall only be entitled to offset against undisputed or legally established counterclaims and such counterclaims that are based on the same contractual relationship.

4.2 We shall be entitled to rights of set-off and retention without restriction to the extent permitted by law.

5. Prices, terms of payment

5.1 Unless expressly agreed otherwise, the prices stated in our seminar programme for the relevant period shall apply plus the applicable statutory value added tax.

5.2 The services listed in the seminar programme are included in the price in accordance with Section 5.1, unless expressly agreed otherwise.

5.3 The payment deadline for the respective seminar can be found in the offer documents for the seminar in question.

6. Number of participants, implementation (at BQH, third parties and at the contractual partner), cancellations

6.1 We shall conduct the seminars in accordance with the information in the seminar programme or in accordance with the content agreed separately with the contractual partner. However, we reserve the right to make reasonable changes for the contractual partner, provided that these do not fundamentally change the seminar.

6.2 There is no entitlement to the organisation of a seminar by a particular lecturer.

6.3 We reserve the right to cancel a seminar for important reasons for which we are not responsible. This includes in particular (but is not limited to) the short-term illness of the lecturer. Participation fees already paid will be refunded. The contractual partner shall have no further claims.

6.4 If the seminar programme specifies a minimum number of participants for the seminar, we are entitled to cancel the seminar if this number is not reached. Participation fees already paid will be refunded. The contractual partner shall have no further claims.

6.5 We offer the seminars at BQH, at third parties and, if necessary, by prior agreement also at the contractual partner's premises or at premises provided by the contractual partner. If the seminars are held at the premises of third parties, the general terms of use and house rules of the third party must be observed, which we are happy to provide to the contractual partner free of charge before the contract is concluded and at any time thereafter. If the seminars are held on the premises of the contractual partner or on premises provided by the contractual partner, the contractual partner assures us that these are suitable for holding the seminar in question and that all legal and official requirements (safety of participants, fire protection, escape routes, etc.) are complied with.

7. Liability

7.1 Any claims for damages by the contractual partner - regardless of the legal grounds - are excluded. This shall not apply in the event of injury to life, limb or health and/or in the event of an intentional or grossly negligent breach of duty by us or in the event of a breach of duties whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (so-called essential contractual duties/cardinal duties). Claims under the Product Liability Act are also not affected by this limitation of liability. This limitation of liability applies equally to breaches of duty by our executive bodies and vicarious agents.

7.2 The claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or we are liable for injury to life, limb or health.

7.3 The above limitations of liability apply equally to claims for reimbursement of futile expenses (Section 284 BGB). A change in the burden of proof to the detriment of the contractual partner is not associated with the above provisions.

7.4 The contractual partner shall present this limitation of liability to the participants registered by him and agree it with them in our favour. He shall indemnify us against all claims of the participants which are asserted against us in excess of this limitation of liability.

8. Force majeure

8.1 "Force Majeure" means the occurrence of an event or circumstance which prevents either party from performing one or more of its obligations under the Contract if and to the extent that it is beyond its reasonable control, it could not reasonably have been foreseen at the time the Contract was made and the effects of the impediment could not reasonably have been avoided or overcome by the party. This includes in particular war (declared or undeclared), extensive military mobilisation, civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy, currency and trade restrictions, embargo, sanctions, pandemics or epidemics, official or legal orders as a result of an epidemic or pandemic, natural disaster or extreme natural event, boycott, strike and lawful lockout, unlawful occupation of buildings.

8.2 If a seminar cannot be held at the agreed time due to force majeure (whether at our premises or at the premises of the third party on whose premises the seminars are held), both contracting parties shall be entitled to withdraw from the contract if no agreement is reached on the postponement of the seminar.

9. Copyright, recordings, documents

9.1 The verbal and written explanations of the lecturers employed by us in the seminars and any seminar documents (this includes all information provided on whatever media) are subject to copyright protection.

9.2 Recording (even in part) of the seminar or reproduction of the seminar documents is not permitted without our express consent.

10. Data protection

The contractual partner is informed and authorised that data will be processed and stored by computer in the context of contract processing and invoicing. He assures that the participants registered by him agree to the forwarding and processing of the data provided in the registration for the purpose of contract fulfilment and indemnifies us against all claims of the participants in this regard.

11. Final provisions

11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 The exclusive place of jurisdiction for all legal disputes with the contractual partner arising from and in connection with the contract for the seminar is Dortmund, Germany.

11.3 Should any provision of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

Status: August 2023