General Terms and Condi­tions (GTC)

Status: April 13, 2021

1. GTCs – Events

1.1 Open Events

1.2 Closed group Events (inhouse)

2. Cancel­la­tion policy

General Terms and Condi­tions (GTC) – Open Events

1. Area of application

The follo­wing GTC regulate the contrac­tual relati­onship for events that are offered and hosted by the organi­zers named in paragraph 2 (contrac­tual partner) and for which parti­ci­pants can freely register accor­ding to the general condi­tions stated in the announce­ments – herein­after referred to as ‘open event’.
Amend­ments or colla­teral agree­ments require the prior written confir­ma­tion of key!4c to be valid and are only valid for the respec­tive indivi­dual business case. Conflic­ting terms and condi­tions of the parti­ci­pant and/or regis­trant are not accepted, even if they have not been expli­citly contra­dicted. Target groups, seminar locations and parti­ci­pa­tion fees can be found in the respec­tive announce­ments or offers.

2. Contrac­tual partners, Conclu­sion of contract

The contract is concluded with:
Dr. Uta B. Nachbaur (VAT ID No.: DE 291 092 014) or
Frank Schöfisch (VAT ID: DE 231 511 173)
Halden­brun­nenweg 9, 70771 Leinfelden-Echter­dingen, Germany – herein­after referred to as ‘key!4c’.

key!4c reserves the right to transfer the conclu­sion of the contract (accep­tance of order, invoi­cing, etc.) to the coope­ra­tion partner for events that are carried out in coope­ra­tion with other compa­nies. All other points of these GTC remain unaffected.

The languages available for the conclu­sion of the contract are German or English.

3. Events, technical platforms

Open events within the meaning of these GTC are seminars, training courses, workshops, web seminars, lectures, consul­ting, coaching and compa­rable events. In the case of open events, the invitation/offer to the event is made publicly or through direct adver­ti­sing by key!4c. The number and selec­tion of parti­ci­pants may be limited by thematic, technical, spatial or didactic conditions.

The technical platform for parti­ci­pa­tion in open web seminars is speci­fied by the organizer. This may be associated with a restric­tion of the possible dial-in techno­logy (end device, opera­ting system, software/app). It may be neces­sary to install additional software/applications. The technical condi­tions speci­fied for parti­ci­pa­tion must be estab­lished or ensured by the participant.

4. Regis­tra­tion, confir­ma­tion of regis­tra­tion, commis­sio­ning, right of withdrawal

Regis­tra­tion for an open event takes place via the Internet (key4c.com or an “event” site linked/named by key4c.com), in writing (email or letter post) or verbally (also by telephone). The number of parti­ci­pants at an event is usually limited.
Regis­tra­tions for open events are considered in the order in which they are received. A contract for parti­ci­pa­tion is only concluded upon written confir­ma­tion from key!4c. key!4c is entitled to refuse regis­tra­tion for an open event without giving reasons. The contract for the open event is concluded by key!4c by sending a written order/registration confir­ma­tion or invoice. This can be sent by post or email. The languages available for the conclu­sion of the contract are German and English. The text of the contract is stored by key!4c.
Consu­mers (private payers) have a statu­tory right of withdrawal. Consu­mers have the right to withdraw from the contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclu­sion of the contract.
The afore­men­tioned right of revoca­tion does not apply as soon as indivi­dual perso­na­lity profiles or assess­ment documents have been created (this applies to the comple­tion of the online questionnaires/assessments, or the recor­ding of the questi­on­n­aires by the organizer), or the event has already begun or been carried out. See also paragraph 6 (Cancel­la­tions, .…)

5. Parti­ci­pa­tion fees, invoi­cing, terms of payment, discounts

For open events, the parti­ci­pa­tion fees published at the time of regis­tra­tion apply. Unless other­wise stated in the event announce­ment, all fees quoted are subject to the statu­tory value added tax appli­cable on the date of the event. Payment of the parti­ci­pa­tion fees is due immedia­tely upon regis­tra­tion and receipt of the invoice.

Parti­ci­pa­tion in live web seminars for which parti­ci­pants register via the automated regis­tra­tion on the key4c.com website will always be invoiced at the German VAT rate appli­cable on the date of the event.

key!4c reserves the right to grant discounts on its open events. There is no entit­le­ment to price reduc­tions based on certain charac­te­ristics of the parti­ci­pants. key!4c deter­mines the charac­te­ristics for a price reduc­tion and its respec­tive amount. A combi­na­tion of discounts based on several appli­cable charac­te­ristics is not possible. If there are several appli­cable proper­ties, only the one with the highest discount will be granted.

If bookings are made via a website other than the key!4c website (key4c.com), the booking party shall bear the resul­ting service fees.

Invoices are issued and sent by email as a PDF document. When booking via a website other than the key!4c website (key4c.com), the invoice will be issued by the booking platform. Any devia­tion from this must be agreed separately.

6. Cancel­la­tion by the customer, non-parti­ci­pa­tion, parti­ci­pa­tion in the absence of perso­na­lity profiles/assessments

Cancel­la­tions must be made in text form (§126b BGB). If a parti­ci­pant is unable to attend, a repla­ce­ment person may attend by arran­ge­ment at no extra charge. If a parti­ci­pant cancels or rebooks, the follo­wing fees will be charged:

• more than 28 calendar days before the start of the event: no fee
• 28 to 8 calendar days before the start of the event: 50% of the participation/event fee
• 7 and fewer calendar days before: full participation/event fee
• In the event of non-parti­ci­pa­tion (for whatever reason), the full fee must be paid

This does not affect the statu­tory right of withdrawal for consu­mers (private payers). See paragraph 4

Cancel­la­tion and non-parti­ci­pa­tion in events with an indivi­dual perso­na­lity profile or assess­ment documents

If indivi­dual perso­na­lity profiles or assess­ment documents have already been created for the original person at the time of revoca­tion (only for consu­mers), cancel­la­tion or parti­ci­pa­tion of a substi­tute person (this applies to the comple­tion of the online questionnaires/assessments or the recor­ding of the questi­on­n­aires by the organizer), the right of revoca­tion expires and the fees incurred for this can no longer be canceled.

Fees for profiles/documents already generated may be invoiced separa­tely.
If an assessment/assessment documents are associated with parti­ci­pa­tion in an event, the parti­ci­pant is respon­sible for completing/submitting the assess­ment on time.
The follo­wing applies as standard for events for which the documents:

• sent by email (e.g. web seminars): 24 hours at the latest
• delivered perso­nally by the trainer/coach: 3 working days

before the start of the event. Any devia­ting deadlines will be indicated in the regis­tra­tion and regis­tra­tion confir­ma­tion. If these deadlines are not met by the parti­ci­pant, this will be regarded as non-parti­ci­pa­tion and the parti­ci­pant may be excluded from the event for didactic reasons.

7. Changes, cancel­la­tion by the organizer

key!4c reserves the right to resche­dule the event in terms of location and/or time, to substi­tute another speaker/facilitator or to cancel the event if circum­s­tances arise for which key!4c is not respon­sible, such as the illness or other absence of a speaker/facilitator.
If the minimum number of parti­ci­pants is not reached (unless other­wise stated, this is 50% of the maximum number of parti­ci­pants per event), key!4c reserves the right to postpone or cancel the respec­tive event. In this case, key!4c will endeavor to inform the parti­ci­pants at least 14 days before the planned start of the event.
Web seminars that cannot be held in full due to technical problems on the part of the organizer will be resche­duled. In the event of an event being resche­duled, parti­ci­pants may choose between atten­ding the alter­na­tive date offered and a refund of any parti­ci­pa­tion fees already paid. If an event is canceled without repla­ce­ment, any parti­ci­pa­tion fees already paid will be refunded. This also applies to perso­na­lity profiles and assess­ment documents that have already been generated. The parti­ci­pant shall have no further claims, in parti­cular claims for damages (inclu­ding cancel­la­tion fees for travel or hotel costs) if a seminar is changed or canceled.

8. Confir­ma­tion of participation

Parti­ci­pants in seminars and training courses with defined learning content will receive a confir­ma­tion of parti­ci­pa­tion after­wards. This does not apply to parti­ci­pants of workshops (without previously defined learning content), web seminars, lectures and coaching sessions.

9. Copyrights

All materials, documents and presen­ta­tions used in the events are subject to copyright protec­tion. Any repro­duc­tion, forwar­ding to third parties or use other than for the personal infor­ma­tion of the parti­ci­pant is only permitted with the prior written consent of key!4c.

10. Liabi­lity

key!4c selects quali­fied speakers/faciltators for the events in the respec­tive specia­list areas. key!4c assumes no liabi­lity for the correct­ness, up-to-dateness and comple­teness of the content, the documents or the achie­ve­ment of the learning objec­tive sought by the parti­ci­pant. Nor for any conse­quen­tial damages resul­ting from incor­rect and/or incom­plete seminar content. Other­wise, the liabi­lity of key!4c is limited to intent, gross negli­gence and the breach of essen­tial contrac­tual obliga­tions, whereby the damages must be typical and foreseeable for a training event.

11. Miscel­la­neous

German law applies.

General Terms and Condi­tions (GTC) – private events (in-house)

1. Scope of application

The follo­wing GTC govern the contrac­tual relati­onship for events (seminars, training courses, workshops, webinars, lectures, consul­ting, coaching, etc.) for which the contrac­tors named in paragraph 2 (contrac­tual partners) have been commis­sioned by a client.

Amend­ments or subsi­diary agree­ments shall require the prior written confir­ma­tion of key!4c to be valid and shall only apply to the respec­tive indivi­dual business case. Conflic­ting terms and condi­tions of the client/client shall not be recognized, even if they have not been expressly contradicted.

2. Contrac­tual partner, conclu­sion of contract

The contract is concluded with:
Dr. Uta B. Nachbaur (VAT ID No.: DE 291 092 014) or
Frank Schöfisch (VAT ID No.: DE 231 511 173)
Halden­brun­nenweg 9, 70771 Leinfelden-Echter­dingen, Germany – herein­after referred to as key!4c.

3. Events

Events within the meaning of these GTC are seminars, training courses, workshops, webinars, lectures, consul­ting, coaching and similar events. Closed events are held on behalf of custo­mers (in-house events).

4. Commis­sio­ning

The commis­sio­ning of a private event by the client shall be based on an offer prepared by key!4c. The order can be placed in writing (email or letter post) and must then include the accep­tance of these GTC or the condi­tions agreed with the client. If the order is placed verbally, or if the written order does not contain any infor­ma­tion regar­ding the accep­tance of these GTC or the condi­tions agreed with the client, these GTC shall be deemed to have been accepted at the start of the event.

The languages available for the conclu­sion of the contract are German and English. The text of the contract is stored by key!4c.

5. Invoi­cing, terms of payment

In the case of closed events, invoices for the agreed contract services shall be issued after the start of the indivi­dual events/event units. Excluded from this are services for which key!4c makes advance finan­cial payments to third parties (perso­na­lity profiles, assess­ments, etc.) – in this case, invoi­cing takes place when the advance payment is made. It is possible to issue partial invoices or partial invoices, especi­ally if the commis­sioned service comprises several event units. The organizer reserves the right to postpone events in the event of non-payment of previous key!4c invoices until the matter has been clari­fied.
Invoices are issued and sent by email as a PDF document. Any devia­tion from this must be agreed separately.

6. Cancel­la­tion, postpo­ne­ment, non-fulfill­ment of the imple­men­ta­tion requi­re­ments (on the part of the client)

6.1 Cancel­la­tion or postpo­ne­ment by the client

Cancel­la­tions or postpo­ne­ments of closed events must be made in text form (§126b BGB) (email, fax, letter). If an event is canceled or postponed, the follo­wing costs will be charged:

• more than 28 calendar days before the agreed date of the event: free of charge with regard to the agreed fee
• 28 to 8 calendar days before the agreed date of the event:
  Cancel­la­tion: 50%
  Postpo­ne­ment: 10%
  of the agreed fee
• 7 and fewer calendar days before the agreed event date:
  Cancel­la­tion: 100%
  Postpo­ne­ment: 25%
  of the agreed fee

If, due to the postpo­ne­ment of agreed deadlines for which the client is respon­sible, the period agreed in the order for the fulfill­ment of the order is exceeded, all items of the order not yet performed shall be renegotiated.

6.2 Cancel­la­tion of events with indivi­dual perso­na­lity profiles or assess­ment documents, parti­ci­pa­tion in the absence of perso­na­lity profiles/assessments

If indivi­dual perso­na­lity profiles or assess­ment documents have already been created at the time of cancel­la­tion – of the event or of a parti­ci­pa­ting person (this applies to the comple­tion of the online questionnaires/assessments or the collec­tion of the questi­on­n­aires by the organizer), the costs for these can no longer be cancelled. The costs for the profiles/documents already generated may be invoiced separa­tely. If an assessment/assessment documents are associated with parti­ci­pa­tion in an event, the client is respon­sible for the timely completion/submission of the assess­ments. The follo­wing applies as standard for events for which the documents:

• sent by email (e.g. webinars): 24 hours at the latest
• delivered perso­nally by the trainer/coach: 3 working days

before the start of the event. Any devia­ting deadlines will be indicated when the order is placed. If these deadlines are not met by the parti­ci­pants, key!4c reserves the right to exclude them from the event for didactic reasons.

6.3 Reimbur­se­ment of travel expenses, rent, catering costs in the event of cancel­la­tion or postpo­ne­ment by the client

If, for neces­sary logistical reasons, travel bookings (flight, train, hotel, rental car, etc.) or room rentals, catering orders, etc., which cannot be canceled or rebooked free of charge have already been made at the time the cancel­la­tion or postpo­ne­ment becomes known, these cancellation/rebooking costs shall be borne in full by the client.

7. Amend­ments, cancel­la­tion, refusal by the contractor, exclu­sion of liability 

key!4c reserves the right to postpone the event in the event of circum­s­tances for which key!4c is not respon­sible, e.g. force majeure, illness or other cancel­la­tion of a speaker, and to appoint another speaker as a repla­ce­ment. An alter­na­tive date will be agreed as soon as possible. Further liabi­lity claims of any kind by the client are excluded, unless they are based on inten­tional, grossly negli­gent behavior by key!4c or the breach of essen­tial contrac­tual obliga­tions, whereby these are limited to the agreed service fee.

8. Confir­ma­tion of participation

Parti­ci­pants in seminars, training courses and webinars with defined learning content will receive a confir­ma­tion of parti­ci­pa­tion after­wards. This does not apply to parti­ci­pants of workshops (without previously defined learning content), lectures and coaching sessions.

9. Copyrights

All materials, documents and presen­ta­tions used in the events are subject to copyright protec­tion. Any repro­duc­tion, forwar­ding to third parties or use other than for the personal infor­ma­tion of the parti­ci­pant is only permitted with the prior written consent of key!4c.

10. Liabi­lity

key!4c selects quali­fied speakers/facilitators for the events in the respec­tive specia­list areas. key!4c assumes no liabi­lity for the correct­ness, up-to-dateness and comple­teness of the content, the documents or the achie­ve­ment of the learning objec­tive sought by the parti­ci­pant. Nor for any conse­quen­tial damages resul­ting from incor­rect and/or incom­plete seminar content. Other­wise, the liabi­lity of key!4c is limited to intent, gross negli­gence and the breach of essen­tial contrac­tual obliga­tions, whereby the damages must be typical and foreseeable for a training event.

11. Miscel­la­neous

German law applies.

Revoca­tion policy

Consu­mers have a fourteen-day right of revocation.

Right of revocation

You have the right to revoke this contract within fourteen days without giving any reason.

The revoca­tion period is fourteen days from the day on which you or a third party designated by you, has received the order confirmation.

To exercise your right of revoca­tion, you must (accor­ding to the indica­tion of your order confirmation).

Frank Schöfisch – key!4c  or  Dr. Uta B. Nachbaur – key!4c
Halden­brun­nenweg 9
70771 Leinfelden-Echter­dingen
Germany

Telefon: +49.711.933 00 635
Fax: +49.711.7505125

by means of a clear decla­ra­tion (e.g. a letter sent by mail, fax or email) about your decision to revoke this contract.
You can use the enclosed sample revoca­tion form for this purpose, which is, however, not mandatory.

In order to comply with the revoca­tion period, it is suffi­cient that you send the notifi­ca­tion of the exercise of the right of revoca­tion before the expiry of the revoca­tion period.

Conse­quences of the revocation

If you revoke this contract, we must return to you all payments that we have received from you immedia­tely and at the latest within fourteen days from the day on which we received the notifi­ca­tion of your revoca­tion of this contract. For this repay­ment, we will use the same method of payment that you used for the original transac­tion, unless expressly agreed other­wise with you; in no case will you be charged any fees because of this repayment.

The right of revoca­tion does not apply to the follo­wing contracts:

• Contracts with already created personal profiles (Process Commu­ni­ca­tion Model, Drama Resili­ence Assess­ment, etc.)
• for events that have already been started or have already been held

Revoca­tion policy created free of charge with the Trusted Shops legal text editor in coope­ra­tion with Wilde Beuger Solmecke Attor­neys; upple­mented and trans­lated by Frank Schöfisch

The template for the above part of these GTC (German: AGB) (Online-Sales) was created free of charge with Trusted Shops “Rechts­texter” (Legal texter) in coope­ra­tion with Wilde Beuger Solmecke Rechts­an­wälte (Attor­neys); additions, adjus­t­ments and trans­la­tion by Frank Schöfisch.