Allgemeine Geschäftsbedingungen

General Terms & Conditions

1. Scope of Application

These General Terms and Conditions (“GTC”) apply to all contractual relationships between Operitia (hereinafter referred to as the “Provider” or the “Organizer”) and persons registering for seminars, workshops, webinars and comparable events (hereinafter referred to as the “Participant”).

The events may be conducted either:

in person at a physical venue (“On-Site Event”); or
remotely using an online conferencing or similar electronic platform (“Online Event”).

On-Site Events and Online Events are hereinafter collectively referred to as the “Events”.

The format applicable to each Event will be indicated in the respective Event description.

Any individual agreement expressly entered into between the Provider and the Participant shall take precedence over these GTC.

Amendments or supplementary agreements should be made in text form.

2. Conclusion of Contract

Registration may be made via the Provider’s website, by individual agreement, or by means of distance communication.

Where registration takes place through the Provider’s website, the Participant submits a binding registration by completing the registration process and submitting the registration/order.

The Provider shall confirm receipt of an electronically submitted registration by email.

Unless expressly stated otherwise, the contract is concluded when the Provider accepts the Participant’s registration, normally by sending a registration or booking confirmation.

Participation in an Event is subject to full payment of the applicable Event fee in accordance with Section 3 below.

The Provider may refuse or cancel a Participant’s registration for objectively justified reasons, in particular where participation would materially interfere with the proper conduct of the Event or the legitimate interests of other Participants.

The contractual language is English, unless otherwise expressly agreed.

3. Prices, Payment and Participation

Unless otherwise stated, all prices include any applicable Swiss value-added tax (VAT).

Unless expressly included in the Event description, Event fees do not include:

travel or accommodation expenses;
catering or other personal expenses relating to On-Site Events; or
internet, telecommunications, hardware or software costs incurred by the Participant in connection with Online Events.

Payment in Advance

All Event fees must be paid in advance.

Payment must have been received by the Provider before the commencement of the Event.

The Participant has no entitlement to participate in an Event unless the full Event fee has been received by the Provider before the Event begins.

Where payment has not been received on time, the Provider may cancel the registration and/or refuse admission to an On-Site Event or access to an Online Event.

Unless otherwise indicated during the booking process, payment may be made by advance bank transfer or by another payment method offered by the Provider.

The Provider may request evidence of payment where a payment has been made but has not yet been credited to the Provider’s account.

4. Event Content, Format, Venue, Time and Host

The selection of the host, instructor, trainer, moderator or speaker is at the Organizer’s discretion.

The Organizer expressly reserves the right to replace an announced host, instructor, trainer, moderator or speaker before or during an Event.

A change of host, instructor, trainer, moderator or speaker shall not in itself constitute grounds for cancellation, withdrawal, price reduction or refund, provided that the Event can still reasonably be delivered according to its advertised subject matter and general purpose.

This applies even where a particular host, instructor or speaker was identified when the Event was advertised, unless the Provider has expressly agreed in writing that participation by that specific individual constitutes an essential contractual condition.

Venue, Time and Format

The Provider may make reasonable changes to the venue or schedule of an Event where necessary for organisational or operational reasons.

Participants shall be informed of material changes as soon as reasonably practicable.

Any material change affecting the fundamental nature of the booked Event shall remain subject to any mandatory rights of the Participant under applicable law.

5. Obligations of Participants in Online Events

Access to an Online Event is personal to the registered Participant and may not be transferred or made available to third parties unless expressly permitted by the Provider.

Any access links, passwords, login credentials or similar information supplied by the Provider must be kept confidential.

The Participant must take reasonable measures to prevent unauthorized access to the Online Event.

The Participant shall notify the Provider without undue delay if they become aware that an unauthorized third party has obtained access credentials or otherwise obtained unauthorized access to an Online Event.

The Participant may not record, reproduce, stream, transmit or otherwise make available any part of an Online Event unless expressly authorized by the Provider.

6. Technical Requirements and Availability of Online Events

Participation in an Online Event requires appropriate hardware, software and a sufficiently stable internet connection. These are the responsibility of the Participant unless expressly stated otherwise.

The Provider shall take reasonable steps to ensure that the technical infrastructure within its control is suitable for conducting the Online Event.

However, uninterrupted or error-free transmission cannot be guaranteed, particularly where interruptions or limitations arise from telecommunications networks, internet infrastructure, third-party platforms or equipment outside the Provider’s reasonable control.

Temporary technical interruptions that do not materially impair the Event shall not give rise to a right to a refund.

Where a substantial technical failure attributable to the Provider prevents the Online Event from being delivered, the Provider may provide an appropriate replacement session, alternative access or refund, taking into account the circumstances of the individual case.

7. Cancellation or Material Change by the Organizer

The Provider may cancel an Event, in particular where:

the required minimum number of Participants is not reached;
the Event cannot reasonably be conducted due to illness or unavailability of essential personnel;
the venue becomes unavailable;
essential technical infrastructure fails;
circumstances beyond the Provider’s reasonable control prevent the Event from taking place; or
other substantial organisational reasons make conducting the Event unreasonable.

Participants shall be informed of a cancellation as soon as reasonably practicable.

Full Refund in Case of Cancellation by the Organizer

If the Organizer cancels an Event and the Event does not take place, all Event fees already paid by the Participant for that Event shall be refunded in full.

The Organizer may propose an alternative date, but the Participant shall not be required to accept the alternative date.

If the Participant accepts the alternative date, the payment already made may be applied to the replacement Event.

If the Participant does not accept the proposed alternative date, the Event fee paid shall be refunded in full.

Except where liability cannot legally be excluded or limited, the Provider shall not be responsible for additional expenses incurred by the Participant as a consequence of cancellation, such as travel, accommodation or other third-party costs.

8. Cancellation or Non-Attendance by the Participant

The following cancellation conditions apply unless different conditions are expressly stated for a particular Event before registration.

8.1 Early-Bird, Promotional and Discounted Bookings

Bookings made at an early-bird, promotional, special, reduced or otherwise discounted Event fee are non-refundable.

Once such a booking has been concluded, the Participant is not entitled to a refund if the Participant cancels the booking or fails to attend the Event.

The discounted price and its non-refundable nature shall be indicated to the Participant at or before the time of booking.

This provision does not affect:

a refund due because the Organizer cancels the Event under Section 7; or
any mandatory rights which cannot legally be excluded.

8.2 Regular-Price Bookings

For bookings made at the regular Event price without an early-bird, promotional or other discount, the Participant may cancel the booking and receive a full refund of the Event fee provided that the Provider receives the cancellation no later than four (4) Working Days before the Event date.

For purposes of these GTC, “Working Day” means Monday to Friday, excluding official public holidays applicable at the Provider’s registered place of business.

The day on which the Event begins is not counted as one of the four Working Days.

A cancellation received after this deadline is non-refundable.

For multi-day Events, the cancellation deadline shall be calculated by reference to the first scheduled day of the Event.

Cancellation must be communicated to the Provider in text form, including by email.

8.3 Online Bookings and Withdrawal Rights

Under Swiss law, entering into an Event contract online does not, solely because it was concluded online, give the Participant a general statutory cooling-off or withdrawal period.

Accordingly, subject to mandatory applicable law, the cancellation and refund provisions contained in this Section 8 apply equally to bookings concluded online and to bookings concluded by other means.

Any mandatory statutory withdrawal or cancellation rights applicable in an individual case remain unaffected.

8.4 Substitute Participant

Where the original Participant cannot attend, the Provider may permit another person to participate in their place.

The Participant must notify the Provider sufficiently in advance and provide any information reasonably required for the replacement Participant.

The Provider may refuse substitution where objectively justified, including where participation is personal in nature or particular admission requirements apply.

9. Copyright, Intellectual Property Rights and Recordings

All Event materials supplied or made available by the Provider are protected by applicable intellectual-property laws.

This includes, without limitation, presentations, slides, scripts, workbooks, handouts, videos, exercises, graphics and other Event materials.

Unless expressly permitted by the Provider, the Participant may use such materials exclusively for their own personal or internal professional use and may not reproduce, publish, sell, distribute or make them publicly available.

Participants may not make audio, video, photographic, screen or other recordings of an Event without the Provider’s prior express consent.

10. Liability of the Provider

The Provider shall be liable in accordance with mandatory Swiss law.

To the extent permitted by law, liability for damage caused by slight negligence is excluded, except where the Provider breaches an essential contractual obligation.

Nothing in these GTC shall exclude or limit liability where such exclusion or limitation is prohibited by mandatory law, in particular liability for wilful misconduct or gross negligence.

The Provider shall not be responsible for external websites, services or third-party content merely because reference or access to them is provided in connection with an Event.

For Online Events, the Provider is responsible for the technical systems and services within its reasonable control. The Provider is not responsible for interruptions, transmission problems or failures arising from the Participant’s hardware, software, internet connection, telecommunications provider or other infrastructure outside the Provider’s reasonable control.

11. Applicable Law and Jurisdiction

These GTC and the contractual relationship between the Provider and the Participant shall be governed by substantive Swiss law, excluding its conflict-of-law rules to the extent legally permissible.

For Participants who qualify as consumers, the mandatory statutory provisions concerning applicable law and jurisdiction remain unaffected.

In particular, any mandatory right of a consumer to bring proceedings before a competent court at the consumer’s place of residence shall not be excluded by these GTC.

For contractual relationships that are not consumer contracts, the courts having jurisdiction at the Provider’s registered place of business shall have exclusive jurisdiction, subject to any mandatory jurisdiction provided by law.

12. Final Provisions

If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected to the extent permitted by law.

Any invalid or unenforceable provision shall be replaced by the applicable statutory provision.

Mandatory statutory rights of Participants remain unaffected by these GTC.