General Terms and Conditions for Courses

General terms and conditions and consumer information in the context of bookings to photo courses, which are closed over Fototrainer4you - Rainer Hoffmann in the following "offerer" - and the customer - in the following "customer" -.
1 Scope and general information. (1) Subject to individual agreements and arrangements that take precedence over these General Terms and Conditions, the following General Terms and Conditions in the version valid at the time of registration apply exclusively to the business relationship between the provider and the customer. Conflicting terms and conditions of the customer expressly do not apply unless the provider expressly agrees to their validity in writing. (2) The customer is a consumer, as far as the purpose of the services cannot be attributed to his commercial or independent professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
2 Conclusion of contract, registration. (1) All offers of the provider merely represent a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the provider has received the customer's registration for the photo course, the customer first receives a non-binding confirmation of receipt of the registration. This is not yet the acceptance of the registration for the photo workshop. After receipt of the registration, the provider will check it at short notice and will usually reply to the customer within 3 working days, whether he converts the registration into a binding booking for the photo workshop and thus accepts the participation of the customer in the photo workshop (booking or booking confirmation). In exceptional cases, an answer may take longer if, for example, the provider is away from home. The ordering process of the provider works as follows: (2) The customer can choose events from the offer of photo courses of the provider and register via the button "Book". By filling out and sending the registration via the forms that appear during the registration procedure, the customer submits a binding application for booking the service ("registration"). Before sending the registration, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by checking the checkbox "I have read and accept the general terms and conditions" and thereby included them in his application. (3) The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's registration is listed again and which the customer can print out. The automatic confirmation of receipt merely documents that the registration of the customer has been received by the provider and does not constitute an acceptance of the application for booking the photo workshop. The contract is only concluded upon the declaration of acceptance by the provider ("booking confirmation"), which is sent by a separate e-mail.
3 Subject matter of the contract, availability, waiting list, change of programme. (1) The subject matter of the contract is the photo workshop specified by the customer in the registration and stated in the booking confirmation at the stated final prices. Errors and mistakes are reserved. (2) If at the time of the booking confirmation of the registration of the customer no places are available at the photo workshop selected by him, the supplier informs the customer of this in the form of an email ("Subsequent entry on the wadelist"). This can be the case in particular if between the registration and the booking confirmation by the provider a number of registrations for the photo workshop has been received that exceeds the total number of participants. Registrations will be confirmed in the order of receipt. (3) If the participant places of the photo workshop requested by the customer are exhausted, the customer has the possibility to register on a waiting list. This entry is non-binding and does not constitute a claim to participation in the event. If a space becomes available at the desired photo workshop, the provider offers the first customer on the waiting list the free space to submit an application for booking the event ("registration"). This application is then confirmed by the provider as described under § 2. If the first customer on the waiting list rejects, the provider contacts the next customer on the waiting list. (4) The content of the event may be changed in exceptional cases.
4 Prices. All prices quoted on the provider's website are inclusive of the applicable statutory value-added tax.
5 Terms of payment, offsetting and right of retention. (1) The customer can make the payment by bank transfer. (2) Payment of the course fee is due at least 10 banking days before the start of the event. If the due date of payment is determined according to the calendar, the customer is already in default by default of the date. In this case he has to pay the provider default interest amounting to 5 percentage points above the base interest rate. (3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider. (4) The customer may only set off counterclaims which have been established by court, are undisputed or have been acknowledged in writing by the provider. The customer can only exercise a right of retention if the claims underlying the same contractual relationship.
6 Withdrawal by the customer, rebooking, withdrawal by the provider. (1) The customer can cancel the booking at any time before the start of the event ("cancellation"). This withdrawal must be declared to the provider in writing. The receipt of the declaration of withdrawal by the provider is decisive. In the event of cancellation, the provider will charge you a lump sum in proportion to the price of the photo course according to the following scale: up to the 60th day before the start of the event: 10 % up to the 30th day before the start of the event: 20 % up to the 15th day before the start of the event: 40 % from the 15th day before the start of the event: 70 % on the day of the event: 100 % (2) The customer can prove to the provider that the lump-sum costs did not arise or that they were significantly lower. Should the provider have incurred higher costs as a result of the withdrawal, he can assert these against the customer. The customer is then obliged to pay the actual costs incurred. If the customer does not cancel the booking in time, makes use of the possibility of rebooking to another event of the provider or appoints a replacement participant, the customer is obliged to pay the entire course fee. In this case, any prizes already paid will not be refunded. (3) After conclusion of the contract there is basically no right to change the subject matter of the contract. If the customer wishes a rebooking to another event of the provider, this is possible up to 30 days before the beginning of the event. In this case, the provider will charge a flat fee of € 25, in which case the alternative event of the provider must have the same or a higher price than the original event. If the rebooking request is not received before the specified deadline, the customer will be charged a lump sum in accordance with § 6 paragraph 1. If the provider incurs higher costs due to the rebooking, these can be claimed by the provider. (4) The provider can cancel the event at short notice if significant changes have occurred or if the minimum number of participants is not reached. Among the essential changes are also the short-term illness of the photo trainer or his other unavailability for a justified reason. If an event has to be cancelled by the provider, amounts already paid will be immediately refunded to the customer. Further claims are excluded, except in deliberately grossly negligent conduct by the provider.
7 Liability, liability of customers. (1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the provider. (2) In the event of a breach of material contractual obligations within the meaning of § 7 paragraph 1, the provider shall only be liable for foreseeable damage typical for the contract if such damage was caused by gross negligence. (3) Material contractual obligations within the meaning of § 7 paragraph 1 are liability for the breach of obligations, the performance of which is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. (4) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them. (5) Customers can be provided with cameras, lenses and photo accessories ("test equipment") during the event. The customer is also liable for damage to these devices in cases of slight negligence. This also applies to devices that the provider uses to carry out the event. These can be projectors or the camera, lenses and accessories of the photo trainer, for example, which are not provided as test equipment. If the camera insurance of the photo trainer (if available) covers damages, the liability of the customer is limited to the part not covered by the camera insurance ("deductible") and an additional lump sum of 50. the customer can prove to the provider that the lump sum costs did not arise or in a substantially lower amount. The customer shall not be responsible for any changes to the items made available which have arisen as a result of the contractual use.
8 Copyright. Documents on the provider's events may be issued in electronic or physical form. These are subject to the copyright protection of the respective rights holder - usually the provider - and may not be reproduced in whole or in part without the provider's express written consent.
9 Notes on data processing. (1) The provider collects data of the customer in the context of the processing of contracts. In doing so, he shall observe the statutory provisions. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data if this is necessary for the processing of the contractual relationship and the advertisements for the offer of the provider and Fototrainer4you. (2) The customer has the possibility at any time to request the data stored by him from the provider and to revoke the further permission to use his data at any time. Furthermore, with regard to the customer's consents and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form at any time on the provider's website via the link "Data protection". Source: Lawyer Metzler - Lawyer for Competition Law, Trademark Law and Internet Law