AGB

Terms and Conditions (T&Cs) for the Provision of Services in the Areas of Consulting, Training, Coaching, as well as the Rental of Premises, and the Delivery of Studies, Teaching Materials, and Software Articles – Version: June 2020

Preamble

die Berater (hereinafter referred to as the Contractor) accepts orders exclusively based on these General Terms and Conditions (T&Cs). These terms and conditions apply to all services provided by the Contractor. Verbal amendments or additions to this agreement are only valid if confirmed in writing by the Contractor. Unless otherwise agreed, the Customer’s general terms and conditions are excluded for the respective legal transaction and the entire business relationship. A purchase and/or service contract is concluded when the Customer sends a written order confirmation (via fax, post, or email). Offers are generally non-binding.

Registrations for Seminars and Projects

Registrations are processed in the order of receipt. Registrations, rebookings, or cancellations are accepted only in writing (via post, fax, or email). Each registration is considered binding.

Cancellation Policy

Open Seminars
No cancellation fee applies up to 4 weeks before the start of the seminar. Cancellations within 4 weeks of the seminar start will incur a charge of 50%, and within 1 week, 100% of the participation fee. Cancellations must be made exclusively in writing. Substitute participants can be named at any time.

In-House Training
For cancellations without substitution starting 4 weeks before the seminar date, 40% will be charged; 60% for cancellations 4–2 weeks prior; 80% for cancellations 2 weeks to 8 days prior; and 100% for cancellations less than 8 days prior. A rescheduling fee of 10% will apply for postponements. Additionally, any third-party costs (e.g., hotel expenses) will be charged to the Customer.

Coaching
Coaching sessions can be canceled or rescheduled free of charge up to two days before the agreed date. Cancellations made the day before, on the same day, or missed appointments will be charged in full.

Room Rentals
No cancellation fee applies up to 3 weeks before the booked date. Cancellations within 3 weeks will incur a charge of 50%, and within 1 week, 100% of the rental fee. Cancellations must be made exclusively in writing. Rescheduling within 3 weeks of the booked date will incur a 10% fee; no additional costs apply for rescheduling earlier.

Changes to the Event Program

die Berater accepts no liability for typographical or printing errors in publications and online content. The Contractor reserves the right to make organizational changes to the program. The execution of events depends on achieving a minimum number of participants.

Delivery and/or Provision of Services

Unless otherwise agreed, delivery and/or services are carried out at the Contractor’s risk and expense. Partial deliveries are permitted. Complaints about transport damage must be reported immediately upon receipt to the transport company and in writing to the Contractor, no later than 8 days after receipt. Storage measures and costs resulting from circumstances attributable to the Customer shall be borne by the Customer and considered as delivery. Reasonable and justified changes to the Contractor’s delivery and service obligations are deemed pre-approved by the Customer. The place of performance for delivery and payment is the Contractor’s business location unless otherwise mutually agreed.

Prices

The quoted prices are exclusive of VAT. Prices are calculated in Euros. The applicable prices are those valid on the delivery date.

Payment

Invoices are issued either before or concurrently with delivery (for public events) or immediately after delivery and/or service provision (for in-house events and projects). Payments are due without any deductions or fees upon receipt of the invoice. The payment terms for partial invoices correspond to those agreed for the overall contract. The Contractor is entitled to issue invoices for each unit or service upon completion. The Customer may not withhold payments due to incomplete deliveries, warranty or guarantee claims, or complaints. Payments received are first applied to compound interest, interest, incidental costs, pre-litigation expenses (e.g., lawyer or collection agency fees), and then to the oldest outstanding principal debt. Late payments will incur default interest at the usual bank rate.

Copyrights

All products delivered by the Contractor are © by die Berater, regardless of the delivery format. Copying, duplicating, sharing with third parties, or publishing the materials in any medium without written permission is prohibited.

Reminder and Collection Fees

In the event of late payment, the Customer is obliged to reimburse the Contractor for all pre-litigation costs, such as lawyer’s fees or collection agency expenses. If the Contractor handles the reminder process internally, the Customer must pay €15 per reminder in addition to accrued interest and costs. The Customer must also compensate for any further damages, such as higher interest rates on the Contractor’s credit accounts due to the delay.

Warranty, Guarantee, and Liability

The Contractor is obligated to rectify defects present at delivery through improvement, replacement, or credit within six months of delivery or service provision. A written complaint must be made promptly, within 30 days of delivery or service provision. Additional warranty services may be purchased under the same terms. The Contractor is liable only for damages caused by intent or gross negligence. Liability for consequential damages, financial losses, loss of profits, expected but unrealized savings, claims by third parties, indirect damages, or data damage is excluded to the extent permitted by law.

Offsetting

The Customer may not offset claims against the Contractor’s claims unless the Customer’s claim has been legally established or acknowledged in writing by the Contractor.

Force Majeure

Force majeure or unforeseen obstacles within the Contractor’s sphere release the Contractor from fulfilling agreed obligations. Operational or traffic disruptions affecting the Customer also constitute force majeure and exempt the Contractor from providing services during the hindrance period without entitling the Customer to a price reduction.

Jurisdiction and Applicable Law

The court of jurisdiction is the competent court for the Contractor’s business location. Austrian substantive law applies. The application of the UN Sales Convention is excluded. For disputes with consumers residing in Austria, local jurisdiction applies based on the consumer’s residence, habitual location, or employment site.

Final Provisions

The above terms apply to consumers only insofar as the Consumer Protection Act does not mandate otherwise. The Customer must immediately notify the Contractor of address changes. Terms are presented in gender-specific forms for readability but apply equally to all genders. If any provision of these T&Cs is invalid, the validity of the remaining provisions remains unaffected.