GTC
General terms and conditions of the
INCAS Training und Projekte GmbH & Co. KG
1. General
INCAS Training und Projekte GmbH & Co. KG, hereinafter referred to as INCAS, provides its deliveries, services and performances exclusively on the basis of these Terms and Conditions. They also apply without express reference to all future business relationships. Deviating general terms and conditions of the customer are contradicted. Deviating individual agreements require the written form. This also applies to the waiver of the written form. INCAS is entitled to change or amend these GTCs with a reasonable notice period. If the customer does not object to the changed conditions within one month after receipt of the change notification, they become effective according to the announcement.
2. Scope of services and offers
2.1 INCAS conducts trainings according to the description in the course program; minor deviations in content remain reserved. INCAS is entitled to modify the seminar contents to a reasonable extent, in particular to adapt to new technical developments.
2.2 INCAS rents training rooms for single events or for a series of events and / or equipment for training purposes for use inside and outside training rooms.
2.3 INCAS provides additional IT services and project work.
2.4 Offers are subject to change and non-binding. Contracts for deliveries and services as well as all other agreements and legally relevant declarations require the written confirmation of INCAS to become legally effective. This also applies to supplements and amendments.
3. Registration for INCAS trainings, implementation guarantee
3.1 Registrations for training courses can be made in writing. The registration will be confirmed in writing by INCAS with an order confirmation and is binding for both parties at the latest then..
3.2 The customer will be informed of the venue of the event with the order confirmation. In the event of a change of venue, the customer will be informed no later than the day before the start of training.
3.3 The content, duration and costs of the respective training event can be found in the course description on the company’s own website. It is expressly pointed out that basic requirements must be met by the training participants in order to successfully participate in the courses offered. These necessary basic requirements are listed in the course description..
3.4 Events that are marked on the website with a guarantee of implementation serve the planning security of the customers. For organizational reasons, this requires a seminar booking confirmed by both parties at least three weeks before the start of the seminar. A seminar date that is marked with an implementation guarantee will therefore be carried out even if there are only one or two registrations. In such a case INCAS reserves the right to shorten the duration of the seminar appropriately (depending on the topic by a maximum of 50% of the seminar duration). A reduction of the seminar price due to a seminar shortening is excluded..
4. Prices for INCAS trainings
4.1 The participation prices stated in the course programs apply plus statutory value-added tax. Prices are subject to change without notice.
4.2 The prices include the training services, training materials (German or English) according to availability, lunch (in case of one-day training) and beverages during breaks, unless otherwise specified. The customer will receive a certificate of attendance upon completion of the training and, in the case of a passed exam, a certificate diploma. Other costs in connection with the training, such as accommodation and travel costs, shall be borne by the customer itself..
4.3 Only intermittent participation in training events does not entitle the participant to a reduction in fees.
5. Terms of payment for trainings
The prices for INCAS trainings are due immediately upon receipt of the invoice, unless other payment terms are noted on the invoice. The customer can only offset against claims of INCAS with undisputed or legally established claims..
6. Conditions of participation
6.1 INCAS reserves the right to use substitute trainers for all trainings, to modify the contents within reasonable limits and – with timely advance notice – to postpone dates and locations. A change of trainer, a modification of the content or a change of date or location does not entitle the customer to reduce the training fee or to withdraw from the contract, unless the changes are unreasonable for the customer..
6.2 INCAS reserves the right to conduct LiveOnline and in-person courses in a hybrid format without prior consultation. A hybrid format means that participants in both LiveOnline and in-person courses are trained simultaneously on a digital platform with the trainer. The change in format does not constitute grounds for contract withdrawal or a fee reduction.
7. Impaired performance
7.1 In the event of cancellation of a training session for reasons that lie in the person of the trainer, due to force majeure or other unforeseeable events, there is no entitlement to the training session being held by a substitute trainer. The cancelled training will be made up for at a later date. Compensation for costs, expenses, damages or other economic disadvantages incurred by the customer in connection with the cancellation of training sessions will not be reimbursed..
7.2 INCAS prepares the technical equipment of the seminars as good as possible. Nevertheless, minor technical disruptions occurring during the seminar do not entitle the customer to reduce the training fee or to withdraw from the contract, unless the disruptions are unreasonable for the customer.
8. Duties of the client
8.1 The Customer is not entitled to duplicate, translate or pass on to third parties training documents or parts thereof without INCAS’s permission..
8.2 The customer undertakes to observe the copyright protection of the software used in the training and not to make any unauthorized copies.
9. Liability
9.1 INCAS assumes no liability for the loss of data on the training media.
9.2 INCAS is not liable for any damage caused by accidents on the business premises. Furthermore, no liability is accepted for damage or loss to valuables or wardrobe within the business premises.
9.3 INCAS is not liable to the customer who has rented a training room for cancelled training times. This also does not apply if the downtimes are due to the non-readiness of equipment, e.g. due to power failure, internet failure or technical defects.
9.4 Claims for damages against INCAS arising from a training contract are limited to the amount of the course fee.
10. Withdrawal, cancellation, postponement
10.1 The customer is only entitled to cancel the rental contract for training rooms up to 14 calendar days before the start of the respective event. If cancellations or changes are made less than 14 calendar days before the agreed start of the rental period, 50% of the agreed rental fee shall be due. If the cancellation is made 7 calendar days before the start of the rental period, the full rental fee is still due..
10.2 INCAS has the right to withdraw from a training contract up to 5 calendar days before the start of the training if the low number of participants in the respective training does not allow the event to be held economically, if one or more trainers are prevented from participating in the training and a replacement is not available, or if the seminar has to be cancelled for technical reasons. The withdrawal must be made in writing.
10.3 INCAS will attempt to book the event date on another date before exercising the right of withdrawal.
10.4 In principle, the customer has the right to withdraw from the training contract without reason until the start of the first training event or to rebook the training for another date with the same course designation. The withdrawal or rebooking must be made in writing.
10.5 If the cancellation or rebooking is made at least 28 calendar days before the start of the training, no training fee is payable. If the cancellation or rebooking is made less than 28 but at least 14 calendar days before the start of the training, 50% of the training fee will be due for payment. If the cancellation is made less than 14 calendar days before the start of the training, 100% of the training fee is due for payment..
10.6 If the customer does not participate in a training without withdrawing from the contract or rebooking the training, the customer has to pay the full training fee.
10.7 The decisive point in time for the withdrawal and the rebooking is the receipt of the respective declaration of withdrawal or rebooking by INCAS..
11. Privacy
The personal data arising with the inquiry/order are electronically recorded and processed by INCAS for the purpose of providing the service. We use the collected data as well as voluntary information in our database to inform you about current offers and promotions. The client/participant agrees to the processing of his personal data. The use can be objected at any time informally by e-mail or in writing. You can have incorrect data corrected or deleted if it is no longer required. Our training offer is partly realized with third parties and requires the transmission of registration data (surname, first name, address, e-mail address) for the provision of the service.
12. Place of performance, final provisions
Place of performance is Krefeld, Federal Republic of Germany. The place of jurisdiction for all claims arising from and in connection with the contract is Krefeld. Each contracting party may also sue the other at its general place of jurisdiction. This agreement shall be governed exclusively by the laws of the Federal Republic of Germany. Should any provision of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. Instead, the invalid provision shall be replaced by a substitute provision which corresponds or comes close to the purpose of the agreement and which the parties would have agreed upon to achieve the same economic result if they had been aware of the invalidity of the provision. The same shall apply accordingly in the event that the provisions are incomplete.
Krefeld, 01.03.2018
