General Terms and Conditions of Business
abc business communication
The following General Terms and Conditions of Business (GTC) for abc business communication (hereinafter ‘abc‘) are deemed to be the basis of all contracts concluded for the services provided by abc, e.g. for language courses. The GTCs are aimed at companies, but are also applicable for private and commercial users. They equally apply to future orders. abc’s GTCs shall be recognised by contract partners upon award of orders and shall apply for the whole duration of the business relationship. GTCs of our contract partners which differ from these shall only be binding if we have expressly recognised them.
2. Conclusion of contract
Services can be delivered orally, remotely, by post, by e-mail or by fax. The contract is only legally binding, however, following order confirmation by abc or when service delivery has commenced. Orders may be accepted by abc within 2 weeks either by sending an order confirmation or by delivering the service.
Acceptance of service delivery dates is conditional upon the availability of appropriate teaching/translation staff. There is no right to require teaching/translation services to be provided by a certain trainer/translator.
3. Training courses
The form of training, training times, training duration, training content, assessments and reassessments are carried out and provided by abc.
Unless there is agreement to the contrary, a training unit (teaching unit) comprises 45 minutes.
Contrary agreements, in particular by trainers deployed by abc, are not binding unless they are confirmed by abc.
4. Scheduling and postponement of times of training courses
Training times are scheduled by abc. In special circumstances, abc has the right to re-schedule the beginning and end of the training, and also to postpone individual sessions, provided that this is not unreasonable for the contract partner. If the appointment change or postponement is not reasonable for the contract partner, the latter must inform abc immediately to enable re-scheduling to occur. If the contract partner culpably fails to discharge this duty to notify, the change initiated by abc shall be deemed to be accepted.
Reasonable rescheduling or postponements do not constitute grounds for termination by the contract partner.
5. Cancellation by contract partner
Weekly extensive training courses or in-house courses may be cancelled without penalty up to a maximum of 24 hours before commencement of the lesson. In these circumstances, abc shall arrange a replacement lesson. Planned lessons which are cancelled after this time or which are not taken without prior cancellation, must be paid for in full.
Intensive training courses of a duration of more than one week may be cancelled without penalty up to 2 weeks before commencement of the course. For cancellations up to 1 week before commencement, 50% of the course price must be paid, within 7 days of commencement of the course 70%, and for no attendance without prior notification, 80% is payable.
The charges quoted are calculated in accordance with the normal reduction of expenses. abc points out that when calculating the percentages, normal reduction of expenses and any alternative application of contractual services is taken into account. In any event, it is open to the contract partner to show that there are lower, significantly lower or no expenses at all for abc.
These charges will not be applied if the contract partner nominates other persons to take the place of those cancelling.
6. Cancellation by abc
abc shall do its utmost to honour agreed appointments and events. If an event has to be cancelled by abc due to extraordinary circumstances, the contract partner has the right to be reimbursed or to attend an alternative replacement event. There is no right to compensation from abc beyond this.
Assuming there is not an ongoing hindrance on the side of abc, the contract partner is only entitled to terminate the contract if continued adherence to the contract is unreasonable for him.
7. Liability and compensation
There shall be no entitlement to compensation of any kind against abc, and its legal representatives and vicarious agents. This shall not apply where intent or gross negligence or the breach of a fundamental contractual duty has occurred. A fundamental contractual duty is one without the performance of which proper performance of the contract would not be possible and upon observance of which the contract partners regularly rely.
The above limitations of liability and liability exclusions do not apply to liability in accordance the Product Liability Act and for cases of loss of life, physical injury and damage to health.
Working documentation issued at events organised by abc is protected by copyright and may not be copied or used commercially without the authorisation of abc, and this includes extracts from documentation.
9. Place of performance / Court of jurisdiction
The place of performance is Markdorf, provided that the product/services are delivered by abc in Markdorf, otherwise it is the location of the training.
Where the contract partner is a merchant or a legal entity under public law, the exclusive court of jurisdiction for all disputes arising from and in connection with abc contracts is Markdorf. Otherwise the statutory courts of jurisdiction shall apply.
10. Applicable law
German law shall apply.