General Terms and Conditions for Open Data Strategy Seminars

Datentreiber GmbH, Am Obstgarten 27, 82362 Weilheim i. OB (hereinafter: “Datentreiber”)

1.     Scope of application, subject matter of the contract

1.1.     These General Terms and Conditions (hereinafter: GTC) shall apply to the events of training courses (hereinafter: “seminars”) of Datentreiber vis-à-vis the seminar participant as named in online seminar registration (hereinafter: “participant”).

1.2.    The services under this agreement shall be directed exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code, i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity and to legal persons under public law or special funds under public law. If required, the participant shall provide suitable evidence of its entrepreneurial status, e.g. copy of the trade license, entry in the commercial register, at the request of Datentreiber.

1.3.     The validity of the participant’s general terms and conditions is excluded. This shall also apply if Datentreiber has been made aware of such other contractual terms and conditions.

1.4.    The type and scope of Datentreiber’s services and the remuneration shall be based on the respective seminar description, which is available on Datentreiber’s website.

2.     Seminar registration and conclusion of contract

2.1.    Seminar registration takes place on the Datentreiber website using the online registration form there. Participants may register for Datentreiber’s seminars after selecting a seminar and by filling in the mandatory information fields and clicking the “book” button. By clicking the “book” button, participants submit a binding offer to conclude a contract.

2.2.   Datentreiber shall immediately send the participant an automated message by e-mail to confirm receipt of the registration (confirmation of receipt) and to confirm participation (confirmation of receipt and contract).

2.3.    Contract language is German or upon request English. The text of the contract is not stored individually for each customer and can no longer be retrieved after completion of the registration process. However, the contents will be made available to the participant by e-mail in the confirmation of receipt or contract and can be saved and printed out using an e-mail program.

3.     Datentreiber services

3.1.     Datentreiber shall be responsible for the content and organization of the seminars (e.g. speaker, preparation and follow-up, seminar documents, venue) and – if announced – catering (lunch, soft drinks, coffee) during the event.

3.2.    Seminar participants receive a certificate. The issuance of the certificate may be linked to certain requirements, such as continuous attendance at the event and/or participation in exercises.

4.     Participation fees and due date

4.1.    The participation fee is shown in the respective seminar description on the Datentreiber website. Unless expressly stated otherwise there, the participation fee includes the event fees as well as the costs for catering within the event times. In particular, costs for travel or overnight accommodation shall not be included in the participation fee, but shall be borne by the participant.

4.2.   All prices are subject to the applicable statutory value added tax.

4.3.    Payment of the participation fee shall be due immediately upon conclusion of the contract. If payment of the participation fee is not made up to two weeks before the event date, Datentreiber may exclude the participant from the seminar.

5.     Changes and cancellation

5.1.    Datentreiber shall be entitled to relocate or cancel the seminar for good cause (e.g. due to insufficient number of participants, short-term cancellation of a speaker without equivalent replacement, fault of third parties, such as cancellation by a hotel intended as a venue, or force majeure). Datentreiber shall inform the participants of this without delay.

5.2.   If a seminar is cancelled due to a low number of participants, Datentreiber shall inform the participants of this no later than three weeks before the start of the seminar.

5.3.    Cancellation of a seminar does not constitute a claim for replacement of the seminar. Participation fees already paid in advance will be refunded in full. Further liability and compensation claims, in particular compensation for already booked flight, train or other transport tickets as well as hotel bookings, are excluded, unless there is intent or gross negligence.

6.     Non-participation, cancellation, lump sum for damages

6.1.    If the participant does not participate in the seminar for a reason for which Datentreiber is not responsible or if the participant cancels the seminar registration for a reason for which Datentreiber is not responsible (“cancellation”), the participant shall remain obligated to pay the agreed participation fees in accordance with the following provisions.

6.2.   In the event of a cancellation, the Participant is obligated to pay as follows (“Cancellation Fees”):

• Cancellation up to 28 calendar days before the start of the seminar is free of charge.
• Cancellation of participation 27 to 15 calendar days before the start of the seminar: 25% of the participation fee.
• Cancellation of participation 14 to 4 calendar days before the start of the seminar: 50% of the participation fee.
• Cancellation of participation 3 calendar days before the start of the seminar or no-show: 100% of the participation fee.

The receipt of the cancellation declaration is decisive. The cancellation must be declared in writing.

6.3.    The cancellation fee shall not apply if a substitute participant is registered or if Datentreiber assigns the participation in the seminar to someone else.

6.4.   The participant shall be at liberty to prove that Datentreiber has not incurred any costs or that these are significantly lower than the agreed cancellation fees. Datatreiber expressly reserves the right to prove higher damages.

7.     Rights of use

7.1.    The participant receives a simple, non-transferable right to use the seminar materials for the contractually intended purposes. Utilization for third parties is not permitted.

7.2.   Datentreiber retains ownership of the materials until full payment has been made.

8.   Meeting houses, house rules

Datentreiber shall hold events in meeting houses or hotels. These may establish their own rules for the use of their facilities, in particular house rules. The participant shall observe these rules and instructions of the seminar management and/or owner of the house rules.

9.     Datentreiber liability

9.1.    The following provisions on the liability of Datentreiber shall apply to all claims for damages, defects or substitute claims of the Participant arising from or in connection with the performance of the contract, irrespective of the legal grounds on which they are based (e.g. warranty, delay, impossibility, any breach of duty, existence of an impediment to performance, tort, etc.) except for:

• Claims of the participant for damages resulting from injury to life, body and health,
• Rights and claims in the event of fraudulent concealment of a defect by Datentreiber or due to the absence of a quality for which Datentreiber has assumed a guarantee,
• rights and claims of the participant that are based on intentional or grossly negligent conduct on the part of Datentreiber or their legal representatives,
• rights and claims under the Product Liability Act.

For the above exceptions, the statutory provision alone shall apply.

9.2.   Datentreiber shall be liable for slight or simple negligence only in the event of breach of essential obligations (cardinal obligations), i.e. obligations that enable proper performance of the contract or the purpose of the contract or on whose compliance the participant may regularly rely. In the event of a slight or simple negligent breach of essential obligations, the liability of Datentreiber shall be limited to compensation for the typical damage foreseeable by Datentreiber at the time of conclusion of the contract. The liability of Datentreiber for typical damages and damages foreseeable at the time of conclusion of the contract shall be limited to the total amount agreed upon in the offer form.

9.3.    Otherwise, the liability of Datentreiber for slight or simple negligence shall be excluded.

9.4.   Datentreiber shall be liable for grossly negligent damage caused by its vicarious agents limited to compensation for the typical damage foreseeable by Datentreiber at the time of conclusion of the contract.

9.5.   Datentreiber shall not be responsible for disruptions of performance due to force majeure (in particular strikes, lockouts, official orders, natural disasters, breakdown of communication networks).

9.6.   The limitations of liability shall also apply in favor of the legal representatives and vicarious agents of Datentreiber if claims are asserted directly against them.

10.   Third-party Services, Subcontractors

Datentreiber shall be entitled to use freelancers or subcontractors as speakers unless there is a recognizable important reason against their involvement. If the participant requests the exclusion or replacement of freelancers or subcontractors of Datentreiber, the associated additional costs and delays shall be borne by the participant.

11.    Secrecy

11.1.    The contracting parties mutually undertake to keep secret for an unlimited period of time all information of the other contracting party which becomes accessible to them in connection with the contract and which is marked as confidential or which is recognizable as business or trade secrets of the contracting party according to other circumstances, and to neither record nor pass on or otherwise exploit such information unless it is necessary or otherwise permissible to achieve the purpose of the contract.

11.2.   The obligation of confidential treatment shall not apply to such information which is already known to the receiving contractual partner or which becomes known to the receiving contractual partner without connection with the contractual relationship without breach of law, which has been independently compiled by the receiving contractual partner or insofar as the receiving contractual partner is legally obligated to store or use it.

12.   Data privacy

12.1.   The contractual partners shall observe all relevant data protection regulations, in particular the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (DSGVO), and shall oblige their employees accordingly. The contractual partners shall inform each other in each case insofar as the use of personal data is necessary for the provision of services. The contracting party transmitting the data in each case shall ensure that the necessary permits are available in accordance with the provisions of data protection law and shall inform the other contracting party if it is concerned that this is not the case.

12.2.  The participant agrees that Datentreiber may collect, store, process and otherwise use the data with personal reference arising in the course of the execution of the contract for the purposes of the contract. The participant shall obtain corresponding consents from the data subjects, if required. If Datentreiber provides commissioned processing within the meaning of Art. 28 DSGVO, the customer shall specify the use of the data in accordance with the order in writing, insofar as this has not already been done in the contract.

13.   Final provisions

13.1.   The assertion of a right of retention by the participant shall only be possible with counterclaims from the respective contract or with counterclaims that have been legally established or are undisputed by Datentreiber. Offsetting by the participant shall only be possible with counterclaims that have been legally established or are undisputed by Datentreiber.

13.2.  Claims against Datatreiber may not be assigned to third parties in whole or in part. § Section 354a HGB remains unaffected.

13.3.   The exclusive place of jurisdiction for all disputes arising from or in connection with the contract shall be the registered office of Datentreiber.

13.4.  The legal relationship between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany. The provisions of the Vienna UN Convention on Contracts for the International Sale of Goods of 11 April 1980 as well as reference provisions to foreign legal systems shall not apply.

Status: Juni 2023