General Terms and Conditions (GTC)

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1. Scope of application

The following General Terms and Conditions regulate the contractual relationship between the participant in seminars and courses [hereinafter “event”] and ESI International GmbH [hereinafter “ESI”]. Deviating general terms and conditions of the participant do not apply.

2. Registration/Confirmation

You can register via Internet, letter, fax, e-mail or by telephone. The registration becomes legally binding with our confirmation in writing.

3. Performance

The participation contribution is understood as per person and event date plus statutory turnover tax. It includes event documents, lunch and drinks during the breaks. ESI reserves the right to replace announced lecturers by other speakers and to change the event programme if necessary while retaining the overall character of the event. The participants will be informed promptly if holding an event is impossible due to force majeure, inability of a lecturer to attend, disruptions at the event venue or because of too few participants. Cancellation because of too few participants will be announced no later than 2 weeks before the event. The event fee is refunded in these cases. There is no claim to compensation for travel and overnight accommodation costs or for lost working time, unless such costs are incurred due to grossly negligent or wilful conduct on the part of ESI. If performance disruptions arise, ESI commits to contribute inasmuch as reasonably possible to remedy or contain the disruption.

4. Maturity and Payment, Default, Offsetting

The participation fee is due on receipt of the invoice. If the participant is in default with payment, ESI is entitled to demand default interest of 5% over the basic lending rate [§247 paragraph 1 BGB – German Civil Code] p.a. ESI can assert a higher default damage if ESI evidences this damage. In the same manner, the participant is entitled to prove that damage has either not arisen at all or is significantly less than that asserted by ESI. Payment is made on account by credit card. It is not possible to pay by sending cash or cheques; ESI assumes no liability in case of loss. The participant can only offset with claims if they are established with lawful finality or acknowledged by ESI in writing. The participant is only entitled to exercise a withholding right if his counterclaim is founded in the same contractual relationship.

5. Cancellation

Cancellation [only in writing] is possible free of charge up to 30 days before the event begins. The entire participation fee will be charged in the case of cancellations later than that point in time or in case of failure to appear at the event. ESI will gladly accept a substitute participant for no extra charge. The participant is generally entitled to prove that the cancellation has not damaged the event at all or has damaged it significantly less than the cancellation fee retained by ESI.

6. Rebooking

Rebooking to another equivalent ESI event is possible free of charge at any time up to 30 days in advance. Later rebooking to another event is possible once only. Further rebookings are excluded thereafter.

7. Copyrights

The event documents are protected under copyright law. Replication, forwarding or using the event documents otherwise is only permitted with the explicit written consent of ESI.

8. Liability

The events are diligently prepared and conducted by qualified lecturers. ESI assumes no liability that the event documents are up to date, correct and complete or for conducting of the event itself.

9. Applicable law, jurisdiction and place of fulfilment

German law applies under exclusion of UN commercial law. The registered domicile of our enterprise in Düsseldorf is place of jurisdiction for all disputes inasmuch as you have no general place of jurisdiction in Germany or have removed your domicile to another country after contract conclusion or if your domicile is unknown at the time of bringing suit.

10. Revocation information for consumers

Right of revocation in the performance of services: You can revoke your contract declaration within two weeks in text form (e.g. letter, fax, e-mail) without stating reasons. This due period begins after receipt of this information in text form, but not before contract conclusion and also not before we have fulfilled our information obligations pursuant to Art. 312c paragraph 2 BGB (German Civil Code) in conjunction with Art. 1 paragraphs 1, 2 and 4 BGB-InfoV (Civil Code Information Ordinance) as well as our obligations according to Art. 312e paragraph 1 sentence 1 BGB in conjunction with Art. 3 BGB-InfoV. The due time allowed for revocation is deemed observed if the revocation is sent in good time. The revocation must be addressed to: ESI International GmbH, Westhafenplatz 1, 60327 Frankfurt am Main.

Revocation consequences:
In the case of an effective revocation, the reciprocally received performances must be returned and any possibly enjoyed usefulness (e.g. interest) surrendered. You must pay us compensation for diminished value if you are unable to give back to us the received performance wholly or partially or only in a worsened condition. Obligations to refund payments must be fulfilled within 30 days. This period begins for you with dispatch of the revocation declaration, and for us with receipt of the same.
Your revocation right in the case of a service extinguishes prematurely if your contract partner commenced service performance before the end of the revocation period with your explicit consent or if you have exercised your revocation right.