Terms & Conditions
Terms and Conditions
- Applicability of the terms and conditions
1.1. The terms and conditions regulate the contractual relationships between Dialogakademie Kapelari & de Geus OG (hereinafter referred to as the contractor) and the customer or client, unless otherwise agreed in writing between the contracting parties. The version of the GTC valid at the time the contract is concluded is decisive.
1.2. Conflicting terms and conditions of the customer are invalid unless the contractor expressly agrees to them in writing. In the following, both male and female natural persons as well as groups or legal persons are addressed under the term customer.
1.3. By registering for advice, coaching, supervision or training or seminars, the customer expressly agrees to the terms and conditions.
2.1. The Dialogakademie OG offers further education, training, advice, training, coaching, supervision and process support for the development of people, organizations, communities and society. It is not a therapy. These services cannot replace a thorough physical examination and treatment by a doctor.
2.2. At the beginning of the joint work, mutual expectations and goals are clarified together. However, the Dialogakademie OG cannot guarantee the achievement of agreed goals or a desired success in the joint work.
The registration for the further education, seminars or other services of the Dialogakademie OG takes place in writing (also by email) and represents a firm promise to conclude a service contract.
4. Costs and terms of payment
4.1 The costs for participation in a seminar, further training or advice, supervision, coaching or process support (hereinafter referred to as 'service') will be announced in advance and if the service offered is used, the customer will accept this.
4.2. Payment is made after invoicing by transfer to the account of the contractor. In the case of payment on account, the costs invoiced are due immediately upon invoicing, unless the invoice has another payment target.
4.3. The contractor will issue an invoice with all legally required characteristics.
4.4. Electronic accounting
The contractor is also entitled to send invoices to the client in electronic form. The client expressly consents to the sending of invoices in electronic form by the contractor.
4.5. Failure to comply with the point 4.2. the contractor reserves the right to initiate a reminder procedure. In the event of a delay in payment - even if this is not the fault of the customer - the customer undertakes to replace the reminder and collection costs incurred by the contractor. In particular, the customer undertakes to bear the costs incurred by the contractor in the event that a collection agency is consulted. The contractor expressly reserves the right to assert any further damage.
5. Revocation, cancellation and cancellation of appointments
Customers who are consumers within the meaning of Section 1, Paragraph 1, Item 1 of the KschG can withdraw from a distance selling contract or a contract declaration made at a distance pursuant to Section 5e KschG within seven working days (Saturday does not count as a working day). The withdrawal must be made in writing. The withdrawal period begins on the day the contract is concluded in accordance with point 3 of the GTC. If the cancellation period has expired without result, the entire costs are due, unless otherwise specified in the cancellation conditions formulated for the specific service. However, the right of withdrawal does not exist if the execution of the order begins within seven working days of the conclusion of the contract as agreed. The beginning of the first unit of training, seminars or other services is considered the beginning of the execution of the order.
5.2 Cancellation conditions
5.2.1 Training and further education
If a registration is canceled up to six weeks before the start of training and further education, only the registration costs are due. If you cancel later, up to the beginning of the first block, 25% of the total training costs will be charged. In the event of cancellation after the start of training and further education, the entire training costs must be paid. This cancellation policy can only lapse if you take care of a substitute yourself by the beginning of the first block that meets the criteria for admission to training and further education. The decision in this regard lies with the Dialogakademie OG
If a registration is canceled up to two weeks before the start of a seminar, only the registration costs are due. If you cancel up to one week before the start of the seminar, 25% of the total training costs will be charged. In the event of cancellation afterwards until the beginning of the seminar, the entire training costs must be paid. This cancellation policy can only lapse if the canceled seminar place can be filled.
5.3. Cancellation and change of appointments
Further training Seminars and workshops can be canceled by the Dialogakademie OG for an important reason (insufficient number of participants, illness of the contractor, etc.). If possible, the cancellation will be made in writing, otherwise by e-mail or by phone. The contractor will immediately announce a replacement date.
The Dialogakademie OG reserves the right to make changes to announced learning content or to change the management or content of the seminars.
The organizer undertakes to exercise the usual care in the handling of the seminars and, if a seminar leader is prevented from doing so, to ensure that the participant can be relied upon to ensure that the underlying content is handled on the agreed dates will. Any eventual postponements or changes will be agreed between the organizer and the participants.
6. Audio and video recordings
Video and audio recordings during the seminars and workshops may only be made by the client after prior written approval by the consultant. The participant agrees to video and audio recordings intended solely for teaching seminars and training managers.
7. Place of services
The services offered are either held at 3021 Pressbaum, kaiserbrunnstrasse 6 or at another location that has been announced in advance. In agreement with the client, services can be offered in-house or externally.
8. Confidentiality and data protection
The Dialogakademie OG undertakes - even beyond the end of the contract - to treat all data and information that has become known to it in connection with a service as confidential. This does not apply to cases in which there is a legal obligation to provide information. The contractor is entitled to process the personal data entrusted to it within the scope of the purpose of the contractual relationship.
The customer agrees that the name, address, sales and invoice data, payment and accounting data and bank details are stored in your data processing system for the purpose of doing business. Data transfers are provided in accordance with legal requirements and in monetary transactions. The client further agrees to be informed about current offers and seminars by email. The client can contact himself at any time from this information service or via a written request email@example.com deregister or announce this in advance. All personal data are treated with absolute confidentiality and, unless otherwise required by law, are not passed on to other third parties. You have the right to know what personal data has been collected. On your written request at firstname.lastname@example.org We will inform you about the data stored about you. You have the right to withdraw your consent to the processing and use of your data at any time with future effect. Upon your written request, we will correct incorrect data or delete them immediately and completely.
9. Liability and compensation
9.1. The contractor is liable to the client for damage - except for personal injury - only in the event of gross negligence (intent or gross negligence). This also applies mutatis mutandis to damage caused by third parties brought in by the contractor.
9.2. Claims for damages on the part of the client can only be asserted in court within six months of becoming aware of the damage and the damaging party, but at the latest within three years after the event giving rise to the claim.
9.3. The client must provide evidence that the damage is due to the fault of the contractor.
9.4. If the contractor provides the work with the help of third parties and in this context warranty and / or liability claims arise against these third parties, the contractor assigns these claims to the client. In this case, the client will primarily adhere to these third parties.
10. Applicable Law and Jurisdiction
Austrian law applies, with the exception of the reference norms of the federal law on private international law and the United Nations Convention on Contracts for the International Sale of Goods. The competent court in Sankt Pölten is agreed as the place of jurisdiction.
11. Final Provisions
11.1. Changes to the contract and deviations from these terms and conditions must be in writing; also a departure from this formal requirement. Verbal collateral agreements do not exist.
11.2. Should individual provisions of the contract, including these provisions, be wholly or partially ineffective, or should the contract have a gap, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. Instead of an invalid provision, a regulation that comes as close as possible to its economic purpose is deemed to have been agreed.