For reasons of better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) is omitted. All personal designations apply equally to all genders.
1.1 These General Terms and Conditions, in the version valid at the time of enrolment, conclusively govern the contractual relationship between the German Heart Centre Berlin - Foundation under Civil Law (DHZB Akademie), Osram Höfe Berlin, Oudenarder Straße 16, 13347 Berlin (hereinafter referred to as "DHZB Akademie") and its customers. All services provided by the DHZB Akademie shall be based on these General Terms and Conditions. General terms and conditions of the Customer shall not be recognised or included, even if the DHZB Akademie does not expressly object to them.
1.2 Insofar as the DHZB Akademie provides offers subject to payment on its website www.dhzb-akademie.de (hereinafter referred to as the "Website"), these offers are aimed exclusively at Customers who have reached the age of 18. Minors must be represented by their legal guardians.
1.3 Offers and services from third-party providers (see section 3) are not subject to these GTC.
2.1 On its website, the DHZB Academy offers various services including educational programmes, training and further education (e.g. the "Cardiovascular Perfusion" course) and workshops (collectively referred to as "Academy Services").
The "Book course" button takes the customer to a detailed description of the respective Academy service. By clicking on the "Order now" button, the customer is directed to a payment portal and can submit a binding offer for the selected "Academy services" and pay using the payment options specified there. The DHZB Academy will then send the customer an order confirmation by e-mail, in which the customer's offer is listed again. The e-mail also contains the invoice for the offer paid for. The automatic order confirmation represents the acceptance of the offer and documents that the customer has made a binding booking.
The customer can submit an offer for an Academy service and submit their application documents via the button with an application reference (such as "Apply now") and will then receive an automatic confirmation of receipt by e-mail, in which the Academy service is listed again. The automatic confirmation of receipt does not constitute acceptance of the customer's offer, but merely documents that the customer's interest has been received by the DHZB Academy. A contract is only concluded when the DHZB Akademie issues a declaration of acceptance in a separate e-mail.
2.2 If there are no more free places available for the selected Academy service on the date selected by the customer, the customer shall be informed of this before the offer is submitted, but at the latest before the order confirmation or declaration of acceptance is sent.
3.1 In addition to its own Academy services, the DHZB Academy also offers services from third-party providers on its website. These services are linked on the website. The link leads to the website of the third-party provider. The third-party providers are solely responsible for the information, registration, implementation and other processing of these services, unless this is expressly stated otherwise in the description of the respective service.
4.1 In the case of Academy services on the premises of the DHZB Academy (or rooms provided by the DHZB Academy), the customer shall refrain from any actions that could compromise the IT security of the DHZB Academy. For example, data carriers brought by the customer may not be connected to the DHZB Akademie's computers. The DHZB Akademie reserves the right to assert claims for damages in the event that damage is caused by a violation.
4.2 In the case of Academy services that take place online, the customer is responsible for creating the technical requirements for participation in the respective Academy service.
5.1 In connection with the Academy services, the DHZB Academy reserves unrestricted ownership of all deliveries of materials in physical form until the customer has fulfilled all payment obligations in full.
5.2 If the DHZB Akademie creates protectable works for the customer (e.g. training documents and presentations), all rights to these works arising from or in connection with the services provided by the DHZB Akademie shall belong to the DHZB Akademie. Subject to the condition precedent of the complete fulfilment of all payment obligations by the Customer and unless otherwise contractually agreed, the Customer shall only ever be granted a simple right of use for its own purposes without the rights of reproduction, distribution, processing or making available to the public.
5.3 The documents handed out or sent within the framework of Academy services are subject to copyright protection and may only be reproduced, translated, reprinted, electronically processed, distributed or published - even in extracts - with the express written consent of the DHZB Academy and/or the respective speakers.
6.1 Participation fees shown shall be per person and event date plus statutory VAT, unless expressly stated otherwise in the description of the respective Academy service.
6.2 Unless otherwise stated, the participation fee for Academy services in presence includes attendance at the respective Academy service and the associated documents. Catering and drinks during breaks are not included, unless expressly stated in the description of the Academy service.
6.3 In the case of online formats, the participation fee includes attendance at the respective Academy service and the provision of access data to the digital training portal.
6.4 Accommodation and travelling expenses are not included in the participation fee.
7.1 The participation fee plus statutory VAT is due immediately upon receipt of the declaration of acceptance, unless expressly agreed otherwise.
7.2 Payments will only be accepted via the methods specified in the payment portal. The customer must ensure that payment is made in good time so that the participation fee is credited to the account of the DHZB Academy before the selected date of the respective Academy service. If the amount is not credited, the Customer shall not be entitled to participate in the Academy service.
7.3 The customer is obliged to bear the costs incurred as a result of a chargeback or failure to collect the debt due to circumstances for which the customer is responsible.
7.4 Participation in the respective Academy service for only part of the time does not entitle the participant to a reduction or other reclaim of the participation fee.
8.1 The DHZB Academy is entitled to make necessary changes to content, methodology and organisation before or during an Academy service, provided that these do not significantly change the benefits of the booked Academy service for the customer.
8.2 The DHZB Academy is authorised to replace the scheduled speakers if necessary (e.g. due to illness, accident, etc.) with other equally qualified persons with regard to the announced topic.
Customers may at any time nominate a representative to take part in the respective Academy service instead of the registered person at no additional cost. The representative must have the qualifications required for the respective Academy service. The DHZB Academy reserves the right to reject representatives who are not sufficiently qualified. The appointment of a representative is not possible for Academy services that depend on an application by the customer.
9.1 In the event of a cancellation or withdrawal of Academy services by the customer and without the DHZB Academy being responsible for the cancellation or withdrawal, the cancellation conditions listed here shall apply:
9.1.1 Cancellations up to one month before the start of the event shall not incur a cancellation fee.
9.1.2 In the event of cancellation less than one month before the start of the event, 50% of the total price shall be charged, unless the Customer chooses another date for the booked Academy service up to 14 days before the start of the event.
9.1.3 In the event of cancellation 13 days or more before the agreed start of the event, 100% of the total price shall be charged.
9.1.4 Cancellations must be submitted in writing.
9.1.5 The Customer shall have the right to prove that the damage caused by the cancellation or refusal is less than the respective cancellation fee.
9.2 The following conditions shall apply in the event of cancellation of Academy services by the DHZB Academy:
9.2.1 The DHZB Academy reserves the right to cancel the Academy services up to seven days before the planned Academy service at the latest due to failure to reach a minimum number of participants or for important reasons for which the DHZB Academy is not responsible (e.g. sudden illness of the speaker if the speaker cannot be replaced; force majeure). The DHZB Academy shall inform the customer of this immediately.
9.2.2 The minimum number of participants for the respective Academy services shall be determined by the DHZB Academy. The minimum number of participants shall be one person, unless expressly stated otherwise in the description of the Academy services.
9.2.3 In the event of cancellation by the DHZB Academy, any participation fees already paid shall be refunded. Further liability claims or claims for damages by customers (in particular travel expenses of customers) on the basis of a cancellation by the DHZB Akademie are excluded, unless the cancellation by the DHZB Akademie is based on intent or gross negligence on the part of the DHZB Akademie or one of its vicarious agents.
10.1 The number of training and further education placements is determined each year by the DHZB Academy and its partner institutions. If a training or further education position is not filled, the DHZB Academy reserves the right to fill the position with another applicant.
10.2 Applications for training and further education programmes are processed according to the date of receipt.
10.3 The regulations of the respective study or training contract apply.
11.1 On request, the DHZB Academy also offers Academy services outside the DHZB Academy at the customer's premises (e.g. in-house workshops, consulting, moderation, coaching, hereinafter referred to as "external Academy services").
11.2 The amount of remuneration and the compensation of expenses in connection with external Academy services are agreed in a separate contract.
11.3 The prices quoted do not include statutory VAT or the coach's travelling and accommodation expenses, unless the external academy services take place in Berlin. The premises for the external academy services shall be provided by the customer. The DHZB Academy shall provide the customer with requirements for the premises and a list of materials to be provided by the customer.
11.4 In the event of cancellation or cancellation of Academy services by the customer, the cancellation conditions listed here apply:
11.4.1 There are no cancellation fees for cancellations up to one month before the start of the event.
11.4.2 In the event of cancellation up to 14 days before the agreed start of the event, 50% of the total price will be charged.
11.4.3 In the event of cancellation 13 days or more before the agreed start of the event, 100% of the total price will be charged.
11.4.4 Cancellations must be made in writing.
11.4.5 The costs for unsuccessfully booked trips (train, flight, hotel) shall also be reimbursed against proof if the cancellation is made earlier than 14 days before the agreed date. Travelling expenses shall include all additional expenses directly caused by the commissioning of the external Academy service. These include travelling expenses, accommodation costs and proven or credible ancillary costs.
11.4.6 The customer has the right to prove that the damage caused by the cancellation or the withdrawal or the travel costs are lower than the respective cancellation fee or the travel costs claimed by the DHZB Akademie.
11.5 Travelling expenses are calculated as follows: Flight costs (economy class), train costs (2nd class), car hire / taxi costs, overnight stays and other expenses will be charged according to receipts.
12.1 The DHZB Academy may use third parties to provide Academy services.
13.1 Customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB) generally have a statutory right of cancellation when concluding a distance selling transaction, about which the DHZB Academy provides information below in accordance with the statutory model. A sample cancellation form can be found at the end of the cancellation policy.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period for ordering services is fourteen days from the day the contract is concluded.
To exercise your right of cancellation, you must inform us, the DHZB Akademie, Deutsches Herzzentrum Berlin, Augustenburger Platz 1, 13353 Berlin, by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).
I/we () hereby cancel the contract concluded by me/us () for the provision of the following service […]
Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
---
(*) Delete where not applicable.
14.1 Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by the DHZB Akademie, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
14.2 The DHZB Academy is not liable for the loss of or damage to items brought along, unless the loss of or damage to these items is due to grossly negligent or intentional behaviour on the part of the DHZB Academy.
14.3 In the event of a breach of material contractual obligations, the DHZB Akademie shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
14.4 The aforementioned limitations of liability shall also apply in favour of the legal representatives and vicarious agents of the DHZB Academy if claims are asserted directly against them.
14.5 Liability under the Product Liability Act remains unaffected.
14.6 The Academy services are prepared by the DHZB Academy and its instructors to the best of their knowledge and ability. Liability and guarantee for the correctness, topicality, completeness and quality of the contents are excluded.
14.7 The customer's claims for damages against the DHZB Akademie shall become time-barred in accordance with the statutory provisions if the customer is a consumer within the meaning of Section 13 BGB. If the customer is an entrepreneur within the meaning of Section 14 BGB, the entrepreneur's claims for damages against the DHZB Akademie shall become statute-barred within 12 months of the conclusion of the contract, unless claims pursuant to Section 14.1 sentence 2 are involved.
15.1 In addition to these GTC, the provisions of the agreements concluded between the DHZB Academy and the customer (e.g. in the case of external DHZB services or any study and training contracts) shall apply. In the event of contradictions or doubts, the provisions of the agreements shall take precedence over these GTC.
15.2 This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
15.3 Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision or fills the gap.
The place of fulfilment is the DHZB Akademie's registered address, unless otherwise agreed.
15.6 The EU Commission provides a platform for online dispute resolution on the Internet. The customer can find the platform at the following link: https://ec.europa.eu/consumers/odr/.
15.7 The DHZB Akademie is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Status: 28.06.2023