General Terms and Conditions of the Gesellschaft für digitale Bildung GmbH für Fortbildungsmaßnahmen
I. Scope of Application
1. These General Terms and Conditions (subsequently: GTC) exclusively apply to contracts regarding continuing education measures by the Digital Academy of the Gesellschaft für digitale Bildung mbH, a Converge company.
2. Provider is the Gesellschaft für digitale Bildung mbH, a Converge Company, Managing Directors: Patrick Haupt, Mathias Harms, Cory Reid, Friesenweg 5g, 22763 Hamburg, HRB 87487, Local Court Hamburg, phone +49 (0)40 7344861-20, fax: +49 (0)40 7344861-549, Email: hallo@convergetp.de, Internet: www.digitalakademie.eu, Tax ID: DE228287227.
3. These GTC apply independently whether you are a consumer, entrepreneur, merchant, a corporate body governed by public law or a separate estate under public law.
4. Deviating GTC of our customers will not be recognized unless we have expressly agreed to their validity in writing.
II. Conclusion of Contract
1. Our continuing education measures are exclusively directed to persons of legal age with permanent residence in the European Union.
2. You can choose between courses on our online platform www.digitalakademie.eu and by using the provided contact form send a binding application for the participation at the course selected by you. Your application can, however, only be submitted and send, if you have accepted these GTC and by that have them incorporated in your application.
3. We subsequently will send you an automatic confirmation of receipt via e-mail which lists again your order and which you can print out using the function “Print”.
4. The contract will become binding only by our declaration of acceptance which is going to be sent out by separate e-mail, by FAX, or by post (order confirmation).
5. In any event, you will receive the contract text (consisting of the order, GTC, cancellation instructions, and order confirmation) from us on a permanent data medium (e-mail or print on paper) (Order Confirmation). The contract text is not going to be saved on our online platform and cannot be accessed again after conclusion of the order procedure.
6. The risk of an impossible to clarify and deficient transmission rests with you, if you are not a consumer.
III. Time Periods for Applications
Applications are possible until 8 weeks before the start of the courses / within the dates mentioned in the offers.
For applications that are received after the expiration of the time period for applications you have to pay a fee in the amount of 60.00 €.
IV. Costs and Payment
1. The costs for our continuing education lecture programme are reflected in the offer we have prepared. All prices indicated are to be understood to be inclusive of the legal value added tax to the extent that it applies.
2. The costs for the continuing education lecture programme will be due for payment immediately upon receipt of the invoice. Payments have to be made without deduction.
3. The full payment of the costs of the continuing education course has to be received by us via the payment methods offered by us at least 15 days prior to the start of the continuing education course. The payment information will be sent to you along with the course confirmation.
4. In the event that the application occurs less than 15 days before the start of the course, the full payment of the costs of the continuing education course has to be received by us at the latest one day before the start of the course.
V. Cancellation Policy for Consumers for Service Contracts Concluded Outside of Business Premises and in the Context of Distance Marketing Contracts
Cancellation Right
You have the right to cancel the contract within fourteen days without giving any reasons. The cancellation period is fourteen days as of the day of the conclusion of the contract.
In order to perform your cancellation right you must inform us,
Gesellschaft für digitale Bildung mbH – A Converge Company
Friesenweg 5g
22763 Hamburg
Phone: +49 (0)40 7344861-20
Email: widerruf@convergetp.de
by an unambiguous declaration (e.g., by letter sent by post, FAX or e-mail) of your decision to cancel this contract. You may use the attached sample cancellation form, which, however, is not mandatory. In order to preserve your right to cancel it suffices that you send the notice of the execution of the right to cancel before the expiration of the cancellation period.
Consequences of the Cancellation
If you cancel the contract, we have to pay you back promptly and at latest fourteen days after the day on which we have received the notice of your cancellation of this contract, all payments that we have received from you including the performance costs (except for additional costs that result from the fact that you have chosen a different performance than the one offered by us as the most reasonable standard performance). For this refund we are using the same payment method that you have used for the original transaction unless a different method has been expressly agreed upon; in no event will you be charged any fees on account of this refund.
If you have demanded that the services shall start during the cancellation period, you have to pay an adequate amount that corresponds to the portion of the services already rendered up until the point in time when you inform us of the execution of the right to cancellation of this contract in comparison to the total extent of the services provided in the contract.
End of the cancellation policy for service contracts
Premature extinction of the right to cancellation for services
The right to cancellation expires prematurely, if the performance of the service has only started after you have expressly consented to it and simultaneously have confirmed that you duly noted that you abandon your right to cancellation with complete contract fulfillment by us and that we have completely performed the service.
Sample cancellation form
(If you wish to cancel the contract, please fill in this form and send it back to us.)
– To Gesellschaft für digitale Bildung mbH – A Converge Company
– Friesenweg 5g
– 22763 Hamburg
– Phone: +49 (0)40 7344861-20
– Email: widerruf@convergetp.de
– I/We (*) hereby cancel the contract concluded by me/us (*) with respect to the purchase of the following goods (*)/ the performance of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notice on paper)
– Date
(*) Delete where inapplicable
VI. Rescission and Reversal by the Customer
1. If there is a reversal or declaration of a written rescission, the honorarium is reduced by 70% until 28 days before the start of the date of the course. In the event of a later cancellation before the start of the course, the honorarium has to be paid in full.
2. In order to preserve the cancellation period, the declaration of reversal or rescission must be received by us in writing via post, FAX, or e-mail.
3. You may, in any case and at any time, transfer your participation rights to a replacement participant to be named by you in writing. A transfer to another course is going to be treated as reversal.
4. We are liable for damages that you may suffer by way of a cancellation only under the conditions and limitations of the provisions in section IX. Liabilities.
5. Your right under the legal provisions to revoke the participation or cancel the contract is not affected by paragraphs 1 through 4.
VII. Cancellations, Alternate Dates, Changes and Replacement Speakers
1. We have the right to cancel a course, to change the structure of the course, to change to location of the course, or to postpone the date, if
• the minimum number of participants that has been determined in advance and identified to you has not been reached,
• the designated speaker is prevented to perform the seminar for important reasons and an equivalent replacement cannot or not in time be procured,
• other reasons exist that prevent us from performing the course.
2. We will promptly inform you in such case and according to the circumstances undertake the appropriate transactions.
3. In case of the cancellation, you will receive the full amount of the paid remuneration. In the event of the remainder of the cases listed in paragraph 1, you have the right to cancellation of the contract within 2 weeks after the information about the respective circumstance if you cannot or do not want to participate on account of the change.
4. Necessary contentual, methodical, and organizational changes and deviations before and during the course may be done to the extent that they do not materially change the overall character of the announced course. Designated speakers may be replaced, as the case may be, by other persons that are with respect to the announced subject equally qualified. In case of doubt, the proof of such a qualification is rests on us. You do not have in such cases any claim for reduction of the costs of the continuing education course or the right to cancellation pursuant to paragraph 2.
VIII. Course Participation, Language Level
1. You are not allowed to bring third persons, in particular partner or children, to the course. Persons under 18 years are not allowed to stay alone and unattended in the premises of the course location.
2. Inappropriate language and behavior vis-a-vis other course participants or our staff-members gives us the right after prior warning to cancel the contract without further notice. In such a case you do not have a right anymore to participate at the booked continuing education course.
IX. Liabilities
1. Claims for damages by the customer are excluded. Excepted therefrom are claims for damages of the customer on account of injury to life, body, and health, or on account of the violation of essential contractual duties (Cardinal Duties) as well as liabilities for other damages that are based on an intentional or grossly negligent violation of duties of the provider, its legal representatives or its agents. Essential contractual duties are those the fulfillment of which are necessary to reach the goal of the contract.
2. If there is a violation of essential contractual duties, the provider is only liable for the contract-typical and foreseeable damages if they had been negligently caused unless there are claims for damages by the customer based on injury to life, body, or health.
3. The limitations in paragraphs 1. and 2. apply to legal representatives and agents of the provider, as well, if claims are directed against them.
4. The limitations of liability provided in paragraphs 1. and 2. do not apply to the extent that we have fraudulently concealed the deficiency or have undertaken a guarantee as to the condition of the matter. The same holds true to the extent that we have entered into an agreement as to the condition of the matter with you. The provisions of the Product Liability Act remain unaffected.
5. We do not assume any responsibility, guarantee, or liability for the content and success of a continuing education course. This pertains, likewise, to the completeness, correctness, quality, or actuality of the provided information and materials.
X. Place of Performance/Jurisdiction
If you are not a consumer, the place of performance is the place of our company, Hamburg. As to all disputes arising out of the contractual relationship, the exclusive place of jurisdiction is, if you are not a consumer, Hamburg. German law applies exclusively. The legal provision with respect to limitations of the choice of law and as to the application of compulsory provisions especially of the country in which the customer as consumer has his/her usual place of residence remain unaffected.
XI. Online Dispute Resolution and Consumer Dispute Resolution
1. The European Commission provides a platform for online dispute resolution (ODR). The platform can be found under http://ec.europa.eu/consumers/odr/.
2. We are neither willing nor dutybound to participate at a dispute resolution procedure before a consumer arbitration board pursuant to the Consumer Dispute Resolution Act (“Verbraucherstreitbeilegungsgesetz”)
XII. Miscellaneous
Even if singular items are legally invalid, the remaining parts of a concluded contract remain binding. Instead of the invalid items, the legal provisions apply to the extent they exist. To the extent that would constitute an undue hardship for one contractual party, the entire contract would become invalid.
Status as of February 2024