General terms and conditions with customer information

Table of contents

1. Scope, definitions
2. Services of the provider
3. Conclusion of contract
4. Right of withdrawal for consumers
5. Prices and payment terms
6. Eligibility, contract transfer
7. Failure to meet the minimum number of participants
8. Change or cancellation of the event
9. Contractual right of withdrawal (cancellations)
10. Contract term and termination
11. teaching materials
12. Liability
13. Applicable law
14. Place of jurisdiction
15. Alternative dispute resolution

1) Scope, definitions

1.1 These General Terms and Conditions (hereinafter "GTC") of GermanSimRacing GmbH (hereinafter "Provider") apply to all contracts for participation in coaching sessions (hereinafter "Events") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the events presented on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Services of the provider

2.1 The provider offers exclusively online events. The content of the event is determined by the respective description on the provider's website.

2.2 For online events, the Provider provides its services exclusively electronically via online video conference using appropriate technical means. For this purpose, the Provider provides the Customer with suitable application software before the start of a video conference; the Provider may also utilize third-party services for this purpose. To ensure error-free participation in the online video conference, the Customer's system must meet certain minimum requirements, which will be communicated to the Customer on the Provider's website. The Customer is responsible for compliance with these system requirements. The Provider is not liable for technical problems resulting from inadequate system requirements on the Customer's part.

2.3 The Provider shall provide its services through qualified personnel selected by the Provider. The Provider may also engage the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Provider's description, the Customer has no right to select a specific person to conduct the desired event.

2.4 The Provider shall provide its services with the utmost care and to the best of its knowledge and belief. However, the Provider is not obligated to achieve a specific result. In particular, the Provider assumes no liability for the Customer's achievement of a specific learning outcome or the Customer's achievement of a specific performance goal. This depends not least on the Customer's personal commitment and determination, over which the Provider has no influence.

3) Conclusion of contract

3.1 The events described on the provider’s website do not constitute binding offers on the part of the provider, but serve to submit a binding offer by the customer.

3.2 The customer can submit their offer via the online registration form provided on the provider's website. After entering their data in the registration form, the customer submits a legally binding contractual offer for the selected event by clicking the button that completes the registration process. Furthermore, the customer can also submit the offer to the provider by email, post, telephone, or via the Instagram messaging function.

3.3 The provider may accept the customer’s offer within five days,

• by sending the customer a written registration confirmation or a registration confirmation in text form (fax or e-mail), whereby the receipt of the registration confirmation by the customer is decisive, or
• by requesting payment from the customer after he has submitted his contractual declaration.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the dispatch of the offer. If the provider does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent. The same applies if the event selected by the customer begins before the end of the acceptance period and the provider does not accept the customer's offer at least 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 When registering via the provider's website, the contract text will be saved by the provider after the contract has been concluded and sent to the customer in text form (e.g., by email, fax, or letter) after the order has been submitted. The provider will not make the contract text available beyond this time.

3.5 Before submitting a binding offer via the provider’s online registration form, the customer can continuously correct his entries using the usual keyboard and mouse functions.

3.6 The German language is available for the conclusion of the contract.

3.7 If the customer registers additional participants for an event, he undertakes to also be responsible for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration at the time of registration.

4) Right of withdrawal for consumers

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the provider's cancellation policy.

5) Prices and payment terms

5.1 Unless otherwise stated in the offer of the provider, the prices stated are total prices which include the statutory value added tax.

5.2 The payment options will be communicated to the customer on the provider’s website.

5.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5.4 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com /de /webapps /mpp /ua /useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com /de /webapps /mpp /ua /privacywax-full .

6) Eligibility, transfer of contract

6.1 Only the person named in the registration confirmation is eligible to participate. Transfer of the contract to a third party is only possible with the consent of the provider.

6.2 If a third party enters into the contract between the customer and the provider, the third party and the customer shall be jointly and severally liable to the provider for the participation fee and any additional costs arising from the third party’s entry.

7) Failure to meet the minimum number of participants

7.1 The Provider may specify a minimum number of participants for its coaching sessions. If a minimum number of participants is specified, the Provider will explicitly state this in the description.

7.2 If the minimum number of participants is not reached, the provider may withdraw from the contract by notifying the customer no later than seven days before the start of the coaching session. The provider will send the customer its notice of withdrawal immediately upon becoming aware of the shortfall in the number of participants, but no later than seven days before the start of the coaching session.

7.3 If the provider exercises its right of withdrawal in accordance with the above clause, the customer may request participation in another event of at least equal value, provided the provider is able to offer such an event from its portfolio at no additional cost to the customer. The customer must assert this request to the provider immediately upon receipt of the provider's declaration.

7.4 If the Customer does not exercise his right in accordance with the above paragraph, the Provider will immediately refund any participation fee already paid to the Customer.

8) Change or cancellation of the event

8.1 The provider reserves the right to change the time, location, coach, and/or content of the event, provided that the change is reasonable for the customer, taking into account the provider's interests. Reasonable changes are only minor service changes that become necessary after the contract has been concluded and were not brought about by the provider in bad faith. The provider will notify the customer in a timely manner of any changes to the time, location, coach, and/or content of the event.

8.2 In the event of a significant change in the service, the customer may withdraw from the contract free of charge or request participation in another event of at least equal value instead, provided that the provider is able to offer such an event from its range at no additional cost to the customer.

8.3 The customer must assert the rights pursuant to the above paragraph immediately after the provider has been informed of the change in service.

8.4 The provider reserves the right to cancel the event at short notice for important reasons, such as force majeure or illness of the coach, and to fully refund any participation fee already paid. If the event is canceled, the provider will endeavor to find an alternative date.

9) Contractual right of withdrawal (cancellations)

Irrespective of any existing statutory right of withdrawal, the provider grants the customer the right to cancel his registration for an event of the provider free of charge in accordance with the following provisions (contractual right of withdrawal):

9.1 The customer may cancel their registration up to three days before the start of the booked event without stating reasons by submitting a written declaration (e.g., email) to the provider. Compliance with the cancellation deadline is determined by the receipt of the declaration by the provider. If the customer cancels their registration within the deadline, the provider will fully refund any participation fee already paid within two weeks of receipt of the declaration. The provider may use the same payment method that the customer used to pay the provider.

9.2 Any existing statutory right of withdrawal of the customer shall not be restricted by the right of withdrawal provided for above.

10) Contract term and termination

10.1 The contract is concluded for a limited period, for the term of the contract as stated in the respective course description of the provider, and ends automatically after the expiry of the contract term.

10.2 The right of the Provider and the Customer to terminate the contract for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and balancing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.

10.3 Notices of termination must be given in writing or in text form (e.g. by email).

11) Teaching materials

11.1 The Provider owns all rights of use necessary to conduct the event. This also applies to any teaching materials that may be provided to the Customer in connection with the event.

11.2 The customer may only use the content of the event, including any teaching materials provided, to the extent necessary for the contractual purpose agreed upon by both parties. Without the provider's express permission, the customer is not entitled to record the event or parts thereof, or to reproduce, distribute, or make teaching materials publicly available.

11.3 For online events, course-related teaching materials (e.g., course materials) will be provided to the customer exclusively in electronic form via email or for download. Unless otherwise agreed, the customer has no right to receive the teaching materials in physical form.

12) Liability

The provider is liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

12.1 The provider is liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

12.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Provider in accordance with its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

12.3 Otherwise, the provider’s liability is excluded.

12.4 The above liability provisions also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

13) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

14) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's registered office. If the customer is based outside the Federal Republic of Germany, the provider's registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the provider is entitled in any case to bring proceedings before the court at the customer's registered office.

15) Alternative dispute resolution

The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.