1.1. Subject of the general terms and conditions
The General Terms and Conditions (GTC, as of 18 February 2020) govern the contractual relationship between Alexander Keller (hereinafter Humans Matter or also the organiser) and his customers with regard to the use, payment and performance of services offered and agreed upon. They apply to all business transactions with the customer and are part of the contract. Deviating terms and conditions of the participant do not apply.
1.2. Conclusion and duration of contract
A contract is concluded when the customer places an order and the organizer accepts the order. The placing of the order and the acceptance of the order can take place by e-mail, in writing or verbally (by telephone or in person). Each participant will receive an e-mail as confirmation or rejection after receipt of his order.
The contract begins and ends specifically and individually on the agreed date.
1.3. Place of performance and jurisdiction
The place of performance is agreed with the customer in advance. The place of jurisdiction for all services and disputes is the place of residence of Alexander Keller (currently Spain).
1.4. Use of data
The storage and processing of customer data takes place in accordance with the Data Protection Act.
Customer data as well as the data of the participants are stored for processing and accounting purposes in the form of names, the name of the company, the postal address of the participant or the company, the telephone number as well as the e-mail address. For some courses we transmit the data to workshopbutler.com to enable the organisation and creation of certificates. The customer expressly agrees to this processing of his data.
1.5. Reservation of proprietary rights and copyright
The organisers reserve unrestricted ownership of all deliveries of materials in physical form until the customer has fulfilled all payment obligations in full.
If copyrightable works (e.g. training documents, programming) are created for the customer, the customer shall only be granted a simple right of use for his own purposes without the rights to copy, distribute, process or make available, unless otherwise provided for in the contract, until all payment obligations have been fulfilled by the customer.
Any seminar documents handed out or sent to us, in whatever form, are subject to copyright protection and may not be reproduced, translated, reprinted, electronically processed, distributed or published, even in part.
1.6. Liability and warranty
In cases of intent or gross negligence the organizer is liable according to the legal regulations. Damage caused by slight negligence will only be compensated if it is a violation of an essential obligation (cardinal obligation). However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the contract-typical and foreseeable damage. The organizer is liable to the same extent for the fault of vicarious agents and representatives.
Liability claims due to slight negligence shall become statute-barred one year after their occurrence. This shall not apply in the case of culpable injury to life, body or health.
1.7. Terms of payment and delay
The prices negotiated in each case or those given when registering via the online form apply. The invoice amount is due without deduction directly after receipt of invoice. Payment must be made exclusively to the account stated in the invoice.
Interest on arrears will be charged at a rate of 8% above the respective base interest rate. We reserve the right to assert a higher damage caused by default.
Payments will only be accepted by bank transfer to the account indicated on the invoice.
The recipient of the service is the debtor of the VAT (Spain 21%). Reverse charge procedure possible.
Should one of these provisions be invalid or become invalid in the future, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision which comes closest to the economic purpose of the invalid provision.
Specific additional conditions for participation in open workshops and seminars
The following services are included: the necessary materials and training documents (in German or English), the provision of the training rooms for the duration of the event, the teaching of the training contents according to the individual description. If indicated in the descriptions of the seminars, drinks during breaks and lunch are included. Each participant will receive a confirmation of participation or a certificate, if this has been advertised. Other costs, such as travel and accommodation costs are not included in the training fees.
2.2. Terms of payment
The participation fee is per person and event date (net) and is due immediately upon receipt of the invoice, but no later than 7 days before the date. The amount of the participation fee depends on the current price information on the homepage of the organizer. Discounts cannot be combined.
We reserve the right to exclude participants from the event who have not fulfilled their payment obligations by the start of the event.
2.3. Cancellation conditions
The placing of order is binding. After consultation with the organizer, the order can be declared invalid against payment of a cancellation fee.
The cancellation fee is:
- 20% of the course price for cancellations more than 21 days before the agreed date and
- 50% of the course price for cancellations between 21 and 14 days before the agreed date and
- 100% of the training course price for cancellations less than 14 days before the agreed date.
We reserve the right to withdraw from the event up to 14 days before the start of the event if the number of bookings is too low. In the event of important reasons for which we are not responsible (e.g. illness of the speaker, force majeure), cancellation at shorter notice is also possible. Any further compensation for damages due to the cancellation, in particular loss of profit, is excluded.
In this case there is the possibility of rebooking or refunding the participation fee. Expenses already incurred (e.g. flight or train tickets or hotel bookings) will not be reimbursed to the participant. It is recommended that the participant takes out appropriate insurance.
The customer is entitled to name a substitute participant instead of the agreed training or event participant.
Special additional conditions for consulting and in-house training
3.1. Subject of the contract
The scope of the activities to be carried out by the Coach, the subject matter of the contract, is described in an offer in text form or stipulated in the contract.
3.2. Customer cooperation
The customer is obliged to make all documents and information necessary for the execution of the contract available to the Coach without special request in due time.
The amount of the remuneration and the reimbursement of expenses or travel costs shall be agreed by means of an offer and its acceptance. All amounts are net amounts.
The Coach may demand reasonable advances on remuneration and expenses. He/she may also issue partial invoices at any time according to the services already rendered.
Payment and reimbursement of expenses shall be due immediately upon receipt of the invoice, unless otherwise agreed.
If you arrive and depart by train, including a taxi ride to and from the station, a distance lump sum will be charged. For arrival and departure by plane, the travel expenses incurred will be invoiced according to the time spent. For overnight stays, a flat rate per event of €100 within Germany and €350 in other European countries will be charged in addition to the overnight fees. This applies unless otherwise agreed.
Any rebooking, cancellation and travel costs incurred as a result of a postponement by the customer must be borne in full by the customer.
3.4. Cancellation conditions
The placing of order is binding. By arrangement, the order can be declared invalid against payment of a cancellation fee.
The cancellation fee is:
- free of charge for cancellations up to 8 weeks before the agreed date
- 25% of the agreed price for cancellations between 8 and 3 weeks before the agreed date and
- 50% of the agreed price for cancellations between 21 and 14 days before the agreed date and
- 100% of the agreed price for cancellations less than 14 days before the agreed date
In any case, any expenses and/or cancellation costs for hotel and travel expenses must be borne in full by the customer.
In the event of important reasons for which we are not responsible (e.g. illness of the speaker, force majeure), cancellation at shorter notice is also possible. Any further compensation for damages due to the cancellation, in particular loss of profit, is excluded.
Special additional conditions for online sparring/coaching and online consulting
4.1. Conclusion of contract and services
a) By means of a binding offer and concrete date inquiry by the customer via the website or by e-mail and its confirmation by us, the contract is considered concluded.
b) The customer purchases a concrete number of hours in advance, which is credited to his hourly account. Afterwards, the appointments are made together and subject to our availability.
The client acquires the right to the agreed number of hours of consultation and coaching via (video) chat, e-mail and/or telephone.
The conclusion of the contract refers to a single booking divided into one or more sessions (full hours). This does not create a continuing obligation (subscription contract).
4.2. Dates, postponement and cancellation conditions
Appointments at full hours are determined in consultation with the customer and are binding.
Appointments can be postponed or cancelled free of charge up to 24 hours before the agreed appointment. In this case, the customer can arrange a new appointment free of charge.
If the appointment is cancelled within 24 hours before the agreed appointment or the appointment is not taken, the full price according to the agreed duration will be charged and there will be no refund of the fee paid or the corresponding hours will be debited from the hours account.
In case of important reasons for which we are not responsible (e.g. illness of the speaker, force majeure), cancellation at short notice is possible. Any further compensation for damages due to the cancellation, in particular loss of profit, is excluded.
4.3. Fee and method of payment
The sessions are charged per hour or part thereof:
- 5 hours package for the price of 795 € (net)
- 10 hours package for the price of 1395 € (net)
- by arrangement
Several hours can be booked in one order and will be credited to the customer’s hours account.
The fee is due immediately upon booking and must be paid in advance by bank transfer at least 48 hours before the appointment (the time of receipt of payment applies). For short-term appointments the fee is to be paid directly by PayPal in advance.
If the session is overrun, the price for a single hour for each additional hour or part thereof will be charged as an additional fee and is payable immediately afterwards.