General Terms and Conditions
General Terms and Conditions of Gimmler Logistik Stiftung gGmbH
1.Scope of application
The General Terms and Conditions set out below govern the contractual relationship between the participant in the seminar (hereinafter referred to as “Seminar”) and Gimmler Logistik Stiftung gGmbH (hereinafter referred to as “Gimmler”). Divergent General Terms and Conditions of the participant shall not be recognised.
2 Registration/confirmation of registration
Your registration may take place by e-mail, letter or fax. Registrations are legally binding following confirmation by Gimmler.
The participation fee is stated per person and per event date and is subject to Value Added Tax. It includes materials, lunch and beverages during breaks. Gimmler reserves the right to make changes in respect of speakers and the programme schedule as long as the overall character of the event remains intact. Participants will be notified without delay if an event cannot be staged because of force majeure, because a speaker cannot attend, because of disruptions or malfunctions at the venue or because numbers are too low. Any cancellation necessitated by an insufficient number of participants will take place at least 2 weeks prior to the event. Fees will be refunded in such cases. Any claim for reimbursement of travel and accommodation expenses and any right of compensation for loss of working time are excluded unless such costs are incurred as a result of gross negligence or culpability on the part of Gimmler. In the event of any disruptions to performance which may occur, Gimmler shall commit to undertaking every reasonable endeavour to remedy or limit the disruption.
4 Due date and payment, default of payment, setting off of claims
The participation fee falls due for payment upon receipt of invoice. In the event that a participant is in default of payment, Gimmler shall be entitled to charge penalty interest in the amount of 5% per annum above base rate (§ 247 Paragraph1, § 288 Paragraph 1 German Civil Code, BGB). Gimmler may also demonstrate and assert a claim for higher damages caused by delay in payment. By the same token, the participant shall be entitled to demonstrate that no damage has been incurred or that the damage is materially lower than the claim asserted by Gimmler. Payment shall be made on account. Payment may not be made via the sending of cash or cheques. Gimmler assumes no liability in the event of loss. Participants may only set off claims against Gimmler if such claims are established in law or have been recognised by Gimmler in writing. A participant shall only be entitled to exert a right of retention to the extent that a counter claim is based on the same contractual arrangement.
Notice of cancellation (in writing only) may be given free of charge up until 14 days prior to the event. After this point, a charge of half of the participation fee will be made. The whole of the participation fee shall fall due in the event of a no-show or if cancellation takes place on the day of the event itself. Gimmler is happy to accept a replacement participant at no additional charge. The participant shall in all cases be entitled to demonstrate that no damage has been incurred as a result of cancellation of the event or that the damage is materially lower than the cancellation fee retained by Gimmler.
All materials used at our events are subject to copyright. Participants are granted a simple and non-transferable user right for personal purposes only.
Events are carefully prepared and executed by qualified presenters. Gimmler accepts no liability for current validity, correctness and completeness with regard to materials and execution of the event.
8 Applicable law, place of jurisdiction and place of fulfilment
Legal relations are governed by German law exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Place of fulfilment and place of jurisdiction is agreed to be Koblenz insofar as legally permissible.
9 Right of withdrawal for consumers
Participants have the right to withdraw their registration within 14 days of receipt of confirmation without any requirement to state a reason if they are deemed to be “consumers” (within the meaning of § 13 BGB), i.e. natural persons who enter into a legal transaction for purposes that predominantly are outside their trade, business or profession. Cancellation fees will not be charged in this instance. Timely dispatch of notice of withdrawal to the following address shall be deemed sufficient for compliance with the deadline for withdrawal: Gimmler Logistik Stiftung gGmbH, In den Sieben Morgen 1c, 56077 Koblenz. The above right of withdrawal shall lapse prior to the expiry if the deadline in circumstances where the event booked has taken place and the participant has taken part.