General Terms & Conditions
1. Scope of Application
The following General Terms and Conditions apply to all legal relationships between Operitia (hereinafter referred to as the “Provider”) and the participant (hereinafter referred to as the “Participant”) in webinars, online courses, and in-person courses (hereinafter collectively referred to as the “Courses”).
No oral side agreements have been made. Any future amendments to the contract must be made in text form. This also applies to any amendment or waiver of this text-form requirement.
2. Conclusion of Contract
The contract is concluded via the Provider’s website, by personal agreement, or by means of distance communication.
Where the contract is concluded via the Provider’s website, the Participant submits a binding offer by clicking the registration button. The contract is concluded upon receipt of the Provider’s confirmation email. Acceptance of the contract by the Provider shall occur at the latest upon receipt of payment from the Participant.
The contractual language is German.
The Provider is entitled to withdraw from the contract for the Course if there is a material reason relating to the Participant that justifies refusal of participation.
3. Payment and Default
Unless otherwise agreed, all prices are inclusive of statutory value-added tax (VAT). Not included are any connection costs incurred by the Participant in connection with online courses or any travel, accommodation, or catering costs incurred in connection with in-person courses.
Payment by the Participant against invoice shall be governed as follows:
Webinars: Payment is due immediately. As part of the contract conclusion, the Participant shall also enter into a data processing agreement with the Provider online.
The following payment method is available to the Participant:
- Advance payment (prepayment), in which case the Provider shall provide the Participant with its bank details.
The Provider is entitled, prior to conducting the Course, to verify receipt of the Course fee and, where appropriate, to require proof of successful payment. If the Participant fails to provide such proof or fails to make payment, the Provider may deny the Participant access to the Course.
4. Course Content and Location
Descriptions of Courses on the Provider’s website are for illustrative purposes only and constitute approximate information. No guarantee is given that such descriptions will be fully complied with.
The Provider is entitled to make reasonable adjustments to the content or structure of a Course for professional or technical reasons, in particular where updates or further development of the Course content are required, provided that no material change to the overall Course content occurs and the change is reasonable for the Participant.
The Provider is entitled to replace the announced instructor with an equally qualified substitute if this becomes necessary due to the instructor’s unavailability for health or other reasons.
The Provider is entitled to change the location and/or time of the announced Course, provided that such change is communicated to the Participant in good time and is reasonable.
5. Obligations of Participants in Online Courses
The Participant may use the Course solely for personal purposes and may not make it accessible to third parties unless expressly agreed otherwise.
The Participant shall receive access credentials from the Provider or create such credentials themselves. These credentials serve to prevent unauthorized access. If the Participant selects or changes access credentials, they must ensure adequate password security. Short or easily guessable passwords must not be used. The access credentials must be protected against unauthorized access and changed at regular intervals. Usernames and passwords may only be stored digitally in encrypted form.
In the event of repeated incorrect entry of access credentials, access may be temporarily blocked for the Participant’s protection.
The Participant must notify the Provider immediately if they become aware that third parties have gained access to their credentials or otherwise accessed the Course. If the Participant fails to notify the Provider without undue delay, the Participant shall be liable for any resulting damage.
6. Availability of the Online Course
Use of the Course requires an adequately fast internet connection, which the Participant is responsible for ensuring.
The Provider endeavours to ensure the highest possible availability of the Course. However, uninterrupted availability cannot be guaranteed and depends in part on the functionality of internet infrastructure beyond the Provider’s control.
The Provider is entitled to temporarily restrict or suspend access to the Course, in particular for maintenance, servicing, improvements, or other operational reasons. In doing so, the Provider shall take reasonable account of the Participants’ interests (e.g. when scheduling maintenance). In the event of urgent disruptions, the Provider is entitled to carry out remedial measures during normal business hours.
The Provider shall not be liable for force majeure events or operational disruptions occurring at the Provider or its subcontractors, such as civil unrest, strikes, lockouts, which prevent performance without fault on the part of the Provider. The Provider shall also not be liable for data loss or unavailability that could have been avoided by reasonable technical precautions and personal safeguards on the part of the Participant.
If performance is prevented by force majeure, the Provider’s obligation to perform shall be suspended for the duration of the impediment.
If the impediment persists for more than one week, the Participant shall be entitled to terminate the contract without notice if, as a result, performance no longer serves the Participant’s interests.
7. Cancellation of a Course
The Provider is entitled to cancel a Course if the minimum number of participants is not reached.
The Provider is also entitled to cancel a Course if the Provider or a third-party service provider engaged by the Provider—particularly the instructor or the venue—is prevented from performing due to circumstances such as civil unrest, strike, lockout, natural disasters, pandemics, severe weather, traffic disruptions, or illness, which prevent the Course from being held on the agreed date without fault on the part of the Provider.
Any cancellation shall be communicated to the Participant as promptly as possible.
In the event of cancellation pursuant to the above provisions, the Participant shall not be entitled to claim damages.
In the event of cancellation, the Provider may offer an alternative date. If no agreement is reached, any Course fees already paid shall be refunded to the Participant.
8. Participant’s Non-Attendance or Withdrawal
If the Participant withdraws from the Course or otherwise fails to attend, the Participant shall be required to pay the Course fees in whole or in part as follows:
Webinars / Individual Coaching
- Withdrawal more than 21 days prior to the first Course day: 0% of the Course fee payable
- Withdrawal 21–14 days prior to the first Course day: 50% of the Course fee payable
- Withdrawal less than 14 days prior to the first Course day: 100% of the Course fee payable
The Participant is entitled to nominate a substitute participant in their place.
9. Copyright, Intellectual Property Rights, and Recordings
All Course materials provided by the Provider are protected by copyright law. This includes content on the Provider’s website, lectures, presentations, scripts, and all other Course materials. The Participant is not entitled to reproduce, distribute, or publicly display such materials.
The Participant is not entitled to make image, video, or audio recordings of the Course without the Provider’s express prior consent.
10. Liability of the Provider
The Provider shall not be liable for slightly negligent breaches of duty unless such breaches concern essential contractual obligations or the Provider has assumed a guarantee for the fulfilment of such obligations or for the achievement of a particular result. This also applies to the acts of the Provider’s agents and representatives.
This limitation of liability shall not apply to damages resulting from injury to life, body, or health.
Liability for gross negligence or grossly negligent tortious conduct shall be limited to foreseeable damage typical for this type of contract.
These provisions apply accordingly to tortious acts committed by the Provider’s employees and vicarious agents.
The Provider shall not be liable for the content of external links on its website, in particular for advertising statements made by venue providers and/or instructors.
With respect to online content, the Provider shall only be liable for the proper transmission of data to its internet access point. The Provider shall not be liable if properly transmitted data is not received by the Participant in adequate quality, in particular due to the Participant’s reception configuration or errors attributable to network operators.
11. Jurisdiction and Final Provisions
The law applicable to all legal relationships with the Provider shall be the law of the Provider’s place of business. The place of jurisdiction shall be the competent court at the Provider’s place of business.
