GTC
General Terms and Conditions of First Aid 089
1. scope of application
These GTC govern all legal relationships between Erste Hilfe 089 (owner Maximilian Gmeiner) and its customers. They replace all previous GTC and apply exclusively to these customers. Other general terms and conditions are expressly contradicted.
2. conclusion of contract / compulsory registration form
The registration/booking can be made online and is binding. You will receive a registration confirmation by e-mail.
If you have not received a confirmation of registration, please notify us immediately. Upon registration, the GTC become part of the contract between the participant and the organizer.
The contract is only concluded when a confirmation email is sent by Erste Hilfe 089. There is no obligation to conclude a contract under any circumstances. These are exclusively service contracts, successes are not agreed and are not owed.
Erste Hilfe 089 is not obliged to check the information on the forms.
3. contents / changes
The content of the seminars is determined by the contract; there is no right to change the content at a later date. Erste Hilfe 089 may make minor changes for technical reasons, provided that the essential core is retained.
4. prices / due date / value added tax
The prices and services stated in the contract apply. Additional services such as equipment rental are not included and incur additional costs.
The course fees are due for payment immediately after receipt of the invoice.
Erste Hilfe 089‘s first aid training and continuing education courses as well as first aid training courses are exempt from VAT in accordance with § 4 no. 21 letter a double letter b UStG. bb UStG (Value Added Tax Act). The course price therefore does not include VAT.
5 Cancellation / no-show / substitute participant / revocation
The booking can be canceled at the latest up to 48 hours before the start of the course. Cancellation is ONLY possible in writing via e-mail to info@erstehilfe089.de.
Only e-mails with complete data will be accepted. Erste Hilfe 089 is not obliged to check the information in the e-mails.
If the participant does not show up on the day of the course, the course fees will be charged.
If the customer names a substitute participant and this person pays the course fee, the cancellation costs are waived.
However, Erste Hilfe 089 may then charge the customer a re-registration fee of EUR 2.50.
According to § 312g (2) No. 9 BGB, there is no right of withdrawal for the booking of our scheduled events (e.g. first aid courses).
6. cancellation / minimum number of participants / force majeure
For urgent reasons, Erste Hilfe 089 may cancel the course date with a reasonable notice period.
If a course is canceled for reasons for which Erste Hilfe 089 is responsible (course instructor ill or similar), Erste Hilfe 089 will offer an alternative date.
Courses will only take place if there are 12 or more participants.
If this number is not reached, Erste Hilfe 089 has the right to postpone the course dates or cancel the course.
In the event of force majeure, in particular severe weather disasters, road blockades or strikes, Erste Hilfe 089 is entitled to cancel or postpone the course dates.
In the event of a postponement, the participant may notify us within five days of becoming aware of the alternative date that he/she is unable to attend on this alternative date, whereupon Erste Hilfe 089 the course fee for the canceled course will be refunded.
In the event that an event is canceled or canceled, Erste Hilfe 089 will refund the course fees paid in full to registered participants within 14 days, but no further compensation will be paid.
7. health condition of customers / participants / exclusion of participants
Customers confirm that they are in average health and have no chronic illnesses or physical/mental limitations.
Course participants may be excluded from Erste Hilfe 089 without notice for their own protection or for the protection of other course participants, the course instructor or third parties.
The following reasons for exclusion apply, among others:
– Under the influence of alcohol or drugs
– Physical fitness poses a health risk
– Participant disrupts the course
– Participant repeatedly disobeys the instructor’s instructions
– Participant’s behavior endangers others or him/herself
– Participant does not meet the requirements stated in the course description
In the event of exclusion, the participant/customer is not entitled to a refund of the pro rata course fees.
8. replacement certificate
The customer/participant may request a replacement certificate within two years of attending the course if he/she provides the name of the course participant, the course date and the course content. The replacement certificate will only be issued after payment of the replacement certificate fee in accordance with the price list valid at the time of the request.
9. amendment to the GTC / tacit consent
If the customer does not object to the amendment to the GTC announced by Erste Hilfe 089 within eight weeks, the amendment shall become effective for the customer.
If the customer objects, the GTC remain in force unchanged.
10. limitation of liability
Erste Hilfe 089 shall be liable for slight negligence in the event of a breach of material contractual obligations, as well as in the event of intent, gross negligence and damage to life, limb and health. Otherwise, liability is excluded.
In the event of damage to property and financial loss caused by negligence, Erste Hilfe 089 shall only be liable in the event of a breach of a material contractual obligation, but limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for this type of contract. Essential contractual obligations are those whose fulfillment characterizes the contract and on which the provider and customer may rely.
Insofar as items are provided to the customer, the right to compensation under product liability law remains unaffected by the exclusion of liability.
11 Applicable law / place of jurisdiction
The law of the Federal Republic of Germany shall apply. If the customer is a consumer residing in another EU country, mandatory consumer protection regulations and mandatory consumer protection law of the consumer’s country of residence shall remain applicable.
UN sales law is excluded. For contracts with merchants, legal entities under public law or special funds under public law, the courts at the registered office of Erste Hilfe 089 shall have local jurisdiction. The contractual language is German.
12. data acquisition
By registering, participants agree that their personal data may be stored for the purposes of the event and examination and forwarded to the relevant authorities for certification.