General Terms and Conditions (GTC) for services of ac2air GmbH
§ 1 Scope of application
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These General Terms and Conditions (GTC) apply to all business relationships between ac2air GmbH, Robert-Bosch-Str. 10, 56410 Montabaur, represented by the managing directors Phillip Grahner and Björn Stichnoth (hereinafter referred to as ‘Provider’), and its customers (hereinafter referred to as ‘Customers’).
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The object of the order is the provision of an agreed service (service contract) and not the achievement of a specific result (no contract for work). The commissioned services shall be deemed to have been rendered when the required services have been performed and any questions that may arise have been dealt with. The client undertakes in his own interest to provide all relevant information truthfully and completely.
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These General Terms and Conditions apply both to companies in accordance with § 14 BGB and to consumers in accordance with § 13 BGB.
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Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing by the Contractor.
§ 2 Service description
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The provider offers consulting/advice, training, e-learning and the organisation of congresses. The respective services shall be offered and agreed individually after contact has been made.
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The Provider's offers are subject to change and non-binding. A contract shall only come into existence through the written order confirmation of the provider or through the provision of the service.
§ 2.1 Consulting / Advice
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After making contact, the provider shall prepare a customised offer that is implemented according to the customer's wishes. The service can be provided on site at the customer's premises or at the provider's premises. The manner in which the advisory and consulting services are provided shall be specified in detail in the customised offer and may include both face-to-face meetings and virtual meetings.
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The results of the consultation range from verbal advice and support to the provision of documents in physical or digital form. The scope and form of the consulting results are agreed in advance between the provider and the customer and recorded in the offer.
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Consultancy and advisory services are provided exclusively on the basis of the information provided and available by the customer at the time of the consultation. The Provider assumes no liability for the accuracy, completeness or timeliness of the advice, in particular if the information provided is incorrect or incomplete. The customer is obliged to provide the provider with all information relevant to the consultation in good time and in full.
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The advisory and consulting services do not constitute binding legal, tax or financial advice, but merely serve as general orientation and support for the customer. It is the customer's responsibility to check the information and recommendations received and, if necessary, to have them supplemented by expert third parties (e.g. lawyers, tax consultants). The provider expressly points out that the advisory services cannot replace individual legal, tax or financial advice.
§ 2.2 Training
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The provider offers traditional training courses both on site at the customer's premises worldwide and online. The training programmes are available on the provider's website.
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The provider reserves the right to cancel the training if the number of participants is too low. In this case, any participation fees already paid will be refunded in full.
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Participants are obliged to follow the trainer's instructions and actively participate in the training. The provider reserves the right to exclude participants from training who disrupt the training programme.
§ 2.3 E-Learning
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The Provider offers e-learning packages on its website. Customers can order the packages there and receive the access data for the respective e-learning package after receipt of payment.
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The invoice is to be paid in advance. After receipt of payment, the access data for the respective e-learning package will be sent to the customer.
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The Provider shall endeavour to ensure high availability of the e-learning platform. In the event of server failures or short-term access problems, the provider shall inform the customer promptly and offer a customer-friendly solution.
§ 2.4 Congress
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The provider organises specialist congresses that take place on site and can be booked via the provider's website. Changes to the programme and cancellations by participants are possible and will be charged on a staggered basis.
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Tickets for the congress are non-transferable and may not be shared by several participants.
§ 3 Conclusion of contract
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The customer books a corresponding service with the provider. The provider accepts this booking by means of a booking confirmation. A booking can be made in person, by email, by contact form or via the provider's website.
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In any case, the contract is only concluded when the provider confirms the customer's booking. The customer's booking is binding. The customer shall be informed of the terms of payment and the provider's services with the booking confirmation.
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The provider's offers are non-binding. Acceptance, additions, amendments and ancillary agreements require written confirmation by the provider.
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The Provider is entitled to refuse a service contract without giving reasons, e.g. if the Provider cannot or may not provide the service due to its specialisation or for legal reasons. In this case, the provider's fee claim for the services rendered up to the point of refusal shall remain unaffected.
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The offer defines the specific content of the service, the obligations of the parties and the terms of delivery and payment (‘service description’). Subsequent changes are not part of the service and will be invoiced separately if required.
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Access data for the learning platform will be sent to the customer by e-mail after full payment and acceptance of the contract. The customer is obliged to treat the access data confidentially and not to pass it on to third parties.
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The services offered may be one-off services and/or services to be provided regularly within the framework of a fixed term
§ 4 Content of the service contract
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The Provider shall provide its services to the Customer in such a way that it applies its knowledge and skills in the above-mentioned areas. A subjectively expected success of the customer cannot be promised or guaranteed.
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The customer undertakes to use the information materials, reports and analyses created by the provider as part of the service only for its own purposes. The customer shall receive the exclusive and non-transferable right to use them. All documents and tables are either personalised and cannot be used by third parties or are created by the Provider individually for the Customer.
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All of the provider's documents are protected by copyright. This applies both to content on the provider's website and to other documents. The customer is not authorised to reproduce, distribute or publicly reproduce such documents. The customer is also not entitled to make image, film or sound recordings of the methods of the service without the express permission of the provider.
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No liability is assumed for the correctness of technical data and other information in third-party documents and brochures. Furthermore, they shall not be deemed warranted characteristics within the meaning of the German Civil Code (BGB).
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The provider shall ask the customer whether the counselling sessions can be recorded for internal purposes only. The customer is free to decide whether to give his consent.
§ 5 Performance of the service
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The service is based on co-operation. The customer is not obliged to implement the recommendations made. The customer recognises that all steps and measures taken by him in the context of the provision of the service are his own responsibility. The customer is responsible for providing a correct e-mail address and regularly checking his e-mails.
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The Provider is entitled to postpone the performance of a service if it or a third party service provider engaged by it is prevented from performing the service on the agreed date, e.g. due to riots, strikes, lockouts, natural disasters, storms, traffic obstructions or illness, which prevent the Provider from performing the service on the agreed date through no fault of its own. In this case, the customer shall not be entitled to claim damages.
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In the event of cancellation by the provider, the provider shall offer the customer an alternative date. If no agreement is reached on an alternative date, the remuneration already paid shall be refunded to the customer. The refund shall only include the amount actually received by the provider, i.e. less the costs and fees incurred by the payment method chosen by the customer.
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The illustration and description of the service on the provider's website are for illustrative purposes only and are only approximate. No guarantee is given for full compliance.
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The Provider shall be entitled to make adjustments to the content or process of the service for technical reasons, for example if there is a need to update or further develop the content of the service, provided that this does not result in a significant change to the content of the service and the change is reasonable for the Customer.
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The provider does not have to perform the service itself. It is authorised, at its own discretion, to outsource the performance of the service to third parties, e.g. to subcontractors.
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The customer has a duty to co-operate insofar as this is necessary for the proper performance of the services. The exact obligations and requirements are set out in the individual contracts.
§ 6 Obligations of the customer to co-operate
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The customer is obliged to provide all necessary information, documents and access in good time which are necessary for the performance of the services. Delays or additional expenses due to insufficient co-operation by the customer shall be borne by the customer.
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In the case of on-site services, the customer is obliged to ensure that all necessary insurance policies and official authorisations are in place.
§ 7 Payment terms
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Payment is to be made to the provider by the customer immediately after completion of the service using the means of payment specified in the invoice. Payment is due immediately upon booking and receipt of the invoice by e-mail. The payment term is 14 days from invoicing, unless otherwise agreed.
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All prices on the website or in the provider's offer are listed as gross prices.
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The customer shall be in default if the payment deadline stated on the invoice or the agreed payment deadline is not met. In the event of default, the Provider shall be entitled to charge default interest, reminder fees and the default lump sum in accordance with §§ 288 I, II BGB. Furthermore, the provider reserves the right to suspend services to be provided regularly in the event of default without losing the right to the agreed consideration of the customer.
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The Provider reserves the right to reasonably increase the prices agreed in the service description for services after expiry of the agreed term. An increase is possible for the first time after expiry of the initial contract term.
§ 8 Duration and cancellation
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The term of the service contract is determined by the respective contract. If it is a one-off provision of a service, this shall be noted in the contract and the following paragraphs of § 9 shall not apply to it.
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Ordinary cancellation of the service contract must be made in writing to the contractual partner no later than one month before the end of the respective contract term.
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The right to extraordinary cancellation remains unaffected.
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If the contractual relationship is not cancelled up to one month before the end of the respective term, it shall always be extended by a further month if the customer is a consumer. In the case of entrepreneurs, the contractual relationship shall always be extended by the original term.
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After the end of the regular term, the cancellation period is one month until the end of the extended term. The cancellation must also be made in writing.
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Cancellations of current orders require the written consent of both contracting parties. The provider may demand reasonable compensation for services already rendered or costs incurred.
§ 9 Cancellation and refund
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The provider reserves the right to withdraw from the contract in the event of unforeseeable events that make it impossible to provide the service (e.g. illness of the trainer or unavailability of the venue). In this case, any fees already paid will be refunded in full.
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Customers can cancel free of charge up to 30 days before the start of the service. Cancellation within 30 days before the start of the service will incur a cancellation fee of 50% of the participation fee. In the event of cancellation on the day of the service or in the event of a no-show, the full participation fee shall be payable.
§ 10 Property rights
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All rights to the results of the service in connection with the Provider's activities for the Customer, in particular all copyrights, all design rights, all trademark and labelling rights and other intellectual property rights (including all stages of development), shall belong exclusively and without restriction to the Provider.
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The customer hereby transfers to the provider the exclusive rights of use, unrestricted in terms of time, space and content, at the time the results are created.
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The provider permanently retains the right to its logo and brand. The provider's brand and logo may not be used by the customer without the provider's consent.
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The intellectual property rights, copyrights and neighbouring rights to project-specific adaptations and developments shall remain with the Provider, unless expressly agreed otherwise. The customer only acquires the right of use to the agreed extent.
§ 11 Warranty and liability
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The provider endeavours to provide all activities with the utmost care and in compliance with recognised scientific findings and principles. All recommendations and analyses are made to the best of our knowledge and belief.
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The provider does not guarantee the effectiveness of its recommendations. The success of the advice is largely beyond its control and depends to a large extent on the co-operation of the customer, which is why it cannot be guaranteed.
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The counselling is help for self-help. Despite the greatest care, no guarantee can be given for the correctness and completeness of the information.
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The Provider shall be liable to the Customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
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In other cases, the provider shall only be liable - unless otherwise regulated in paragraph 6 - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the client may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, the liability of the provider is excluded, subject to the provision in paragraph 6.
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Liability for damages resulting from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
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The provider protects its customers as well as possible against cybercrime. Unfortunately, this cannot always be prevented. For damages incurred by the customer as a result of such cybercrime, the exclusion of liability in paragraphs 4 - 6 also applies with the exceptions stated.
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With the exception of the previous paragraphs, the provider is not liable for damages caused by the services provided, unless they are based on gross negligence or intent. In this context, the provider assumes no liability for loss of profit, loss of data or other indirect damage in particular.
§ 12 Data protection
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The parties shall comply with the data protection laws applicable to them in each case.
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If and insofar as the provider processes personal data of the customer on behalf of the customer within the scope of the provision of services, the parties shall conclude a standard market agreement on the processing of data on behalf of the customer in accordance with Art. 28 GDPR before the start of processing.
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The customer consents to the provider processing and storing the data required for the provision of the services. Data will only be passed on to third parties with the express consent of the customer or due to legal obligations.
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The provider's separate data protection provisions under the following link also apply: https://www.ac2air.com/de/private-policy
§ 13 Right of cancellation
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With regard to the right of cancellation, the provider refers consumers to the separate cancellation policy at link.
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If the customer is an entrepreneur, the right of cancellation is excluded.
§ 14 European dispute settlement
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The provider refers to the online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which customers can find at https://ec.europa.eu/consumers/odr finden. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.
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The provider is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 15 Final provisions
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Should individual provisions of the GTC or the respective service contract be or become invalid or void, this shall not affect the validity of the GTC or the service contract as a whole. Rather, the invalid or void provision shall be replaced by a freely interpreted provision that comes closest to the purpose of the contract or the parties' intentions.
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The law of the Federal Republic of Germany shall apply.
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Amendments and supplements to the GTC or the service contract must be made in writing to be effective. Verbal collateral agreements do not exist.
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If the customer is a merchant, the place of jurisdiction shall be the registered office of the provider. In all other respects, the statutory provisions shall apply.