General terms and conditions for seminar participants

of the association EULEAD – European Club for Excellence in Leadership and Management

Towards. 04

Scope:

The present General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between the association EULEAD - European Club for Excellence in Leadership and Management (hereinafter referred to as "EULEAD") and the contractual partners/customers/participants (hereinafter referred to as "contractual partners "). EULEAD declares that it will only act and conclude contracts in accordance with these GTC, unless otherwise expressly agreed in writing in individual cases. Deviating, conflicting or supplementary general terms and conditions of the contractual partner do not become part of the contract, even if they have not been expressly contradicted.

General notice:

EULEAD is a non-profit association within the meaning of the Associations Act and is registered under the
ZVR number: 410076887 registered in the central register of associations of the Federal Ministry of the Interior. In particular, EULEAD offers seminars in the field of leadership and management (hereinafter referred to as “event”).

Conclusion of contract/registration:

  • EULEAD offers are exclusively subject to change and non-binding. We reserve the right to make any changes of any kind. By registering for an event, the contractual partner makes a binding declaration of his contractual offer. Unless otherwise stated for the respective event, registrations must be made in writing, ie by post, e-mail or via the website www.eulead.at. The registration is only accepted when EULEAD sends a confirmation of registration by e-mail, fax or post to the contractual partner.
  • Registrations will be considered by EULEAD in the order in which they are received. If an event is already fully booked, you can be put on a waiting list.

RIGHT OF WITHDRAWAL FOR CONSUMERS

The following applies to long-distance and external transactions in the sense of the long-distance and external transactions law:

The contractual partner has the right to revoke the concluded contract within fourteen days without giving reasons. The cancellation period begins on the day the contract is concluded. In order to exercise the right of withdrawal, the contractual partner must send a clear declaration (e.g. by means of a letter sent by post or e-mail) to EULEAD (c/o Herbst Kinsky Rechtsanwälte GmbH, 1010 Vienna, Dr.-Karl-Lueger- 5th place, +43 664 3134741, office@eulead.at). The contractual partner can use the attached model cancellation form on the EULEAD website at www.eulead.at. To meet the cancellation deadline, it is sufficient for the communication regarding the exercise of the right of cancellation to be sent before the cancellation period has expired.

Consequences of the cancellation: If the contractual partner revokes the contract in due time, EULEAD shall reimburse the payments made in connection with the revocation that EULEAD has received from him immediately and at the latest within fourteen days from the day on which EULEAD received notification of the revocation of the contract is. For this repayment, EULEAD uses the same means of payment that the contractual partner used in the original transaction, unless something else was expressly agreed with the contractual partner; under no circumstances will the contractual partner be charged any fees for this repayment. If the contractual partner withdraws from a contract for a service after he has declared his request for the early provision of the service during the cooling-off period and EULEAD has then started to fulfill the contract during the cooling-off period, the contractual partner must pay an amount that is compared to the contractually agreed total price proportionately corresponds to the services provided by EULEAD up to the point of revocation.

Event/participation fee:

  • The fee for an event must be paid before the start of the respective event. With the confirmation of registration, the contractual partner receives an invoice including a payment slip.
  • Any costs for travel, accommodation and meals are to be borne by the contractual partner.
  • The prices offered are prices for the duration of the entire event and are valid until revoked. Prices are subject to change.

Payment deadlines:

All prices quoted are in EURO excl. VAT. The participation fees or other fees must be transferred within 10 working days without any deductions after receipt of the invoice.

delay:

In the event of a delay in payment, EULEAD is entitled to charge interest on arrears at a rate of 9,2% pa above the base interest rate last announced by the European Central Bank and to charge its own reminder costs of EUR 4,00/reminder.
The contracting party further undertakes to reimburse EULEAD for the costs and expenses actually incurred as a result of its default in payment and for appropriate legal prosecution. These include, without prejudice to an obligation to reimburse costs under procedural law, in particular the out-of-court costs, dunning costs, the costs of a debt collection agency (in accordance with the remuneration due in the ordinance of the BM f. economic matters on the maximum rates of debt collection agencies, BGBl 141/96, according to § 4 para . 2 of this Ordinance valorized remuneration for debt collection services), as well as the costs of intervening lawyers insofar as they were expedient and necessary.

Cancellation/postponement of events:

EULEAD reserves the right to cancel or postpone all events at any time without notice for any reason whatsoever, but in particular if a speaker is absent or there are too few participants or in similar serious cases. In the event of cancellation by EULEAD, event fees already paid will be refunded in full. If a date is postponed (“alternative date”), the registered participants will be informed immediately. If the contractual partner is unable to attend the alternative date, he is obliged to announce this immediately after notification of the alternative date. Claims that go beyond this, both in the case of a cancellation and a postponement of any kind, in particular for reimbursement of any cancellation fees for accommodation, travel expenses or the like, are expressly excluded.

Seminar documents:

The documents provided at the events become the property of the participant, but remain the intellectual property of the author of the documents. Reproduction of the documents - including internal company copies - is subject to the prior written consent of EULEAD.

If it makes sense due to innovations, EULEAD reserves the right to slightly modify the course content.

Liability:

  • To the extent permitted by law, EULEAD and its vicarious agents are only liable, regardless of the legal reason (pre-contractual, contractual, non-contractual), if damage was caused by EULEAD through gross negligence or intent. In the event of slight negligence, EULEAD is only liable for personal injury.
  • EULEAD accepts no liability whatsoever for indirect damage, consequential damage (due to defects) and loss of profit on the part of the contractual partner.
  • EULEAD assumes no liability for any damage of any kind whatsoever,
    according to § 1319 and 1319a ABGB, as well as before, during or after an event.
  • The contractual partner undertakes to indemnify and hold harmless EULEAD against claims by third parties.
  • The contractual partner undertakes to treat the premises made available to EULEAD in the context of events with care, their facilities, utensils and other objects. He undertakes to compensate for damage caused by improper handling.

Cancellation policy:

  • The cancellation of the registration must be made in writing. The cancellation fee is 24% of the order value if you withdraw within 13 to 30 working days before the start of the event. If you withdraw within 12 to 8 working days before the start of the event, the cancellation fee is 50% of the order value and if you withdraw 7 working days before the start of the event, it is 90% of the order value. In the event of cancellation on the day of the event or non-participation without prior cancellation, the entire event fee must be paid.
  • The withdrawal period is only considered to have been met if the written declaration of withdrawal has been sent to the address provided for the event registration (postal address, fax or e-mail) within the period.
  • Event places can be transferred in writing to substitute participants. If an event place is transferred to another participant at least one day before the start of the event, stating the full name and address of the substitute participant, no cancellation fees will be charged.

Rejection/exclusion of contractual partners:

  • EULEAD is entitled to refuse the participation of individual contractual partners in events without giving reasons. Event fees already paid will be refunded in full in this case.
  • EULEAD reserves the right to exclude contractual partners from further participation in events or examinations in the event of scientific misconduct, violation of the house rules or safety regulations, violation of laws or good morals. Participation/examination fees paid will be reimbursed aliquot. Further claims are excluded.
  • If a contractual partner disrupts the smooth running of the event, the didactic concept, the structure of an event or the teachers in the performance of their work through inappropriate behavior, they can be excluded from the event at any time by teachers or EULEAD representatives with immediate effect. In this case there is no entitlement to reimbursement of event fees.

Confirmation of participation:

After completing the respective event, the contractual partner will receive a confirmation of participation and/or diploma/certificate. A right to a confirmation of participation exists after the required percentage (usually > 80%) of the specified course hours has been attended and the participation fee including other costs such as examination fees have been paid. If an examination is planned, there is an entitlement to the issue of a certificate or reference or another performance evaluation if the above requirements for the issuance of a confirmation of participation are met and the examination has been successfully completed.

Severability clause:

Invalid provisions of these General Terms and Conditions do not affect the validity of the remaining provisions. In the event of the ineffectiveness of a clause in these General Terms and Conditions, the contracting parties agree to replace it with an effective one that comes as close as possible to the meaning and purpose of the ineffective provision.

Applicable law, place of jurisdiction:

For all disputes arising from or in connection with these GTC or all legal relationships between EULEAD and the contractual partner, Austrian law shall apply exclusively, excluding the conflict of law provisions of the IPR and the UN Sales Convention. For all legal disputes, the jurisdiction of the competent court in Vienna is agreed. In the case of consumers within the meaning of the Consumer Protection Act, the statutory regulations apply.

Final Provisions:

Changes, supplements and ancillary agreements to these GTC must be made in writing to be valid; this also applies to the departure from the requirement of written form. The terms and conditions apply to consumers (iSd KSchG) only insofar as they are not subject to mandatory regulations of the Consumer Protection Act, BGBI. No. 140/1979.