General Business Terms and Conditions for seminars, training and instruction of Dräger Academy of Drägerwerk AG & Co KGaA, Dräger Medical Deutschland GmbH, Dräger Safety AG & Co KGaA, Dräger Austria GmbH and Dräger Schweiz AG (individually each referred to as the "Company")


(Status: August 2015)

1.         Scope

1.1       Only these General Business Terms and Conditions (the "Terms") apply to all performances of the Company connected with the seminars, trainings, instructions and other events (the "Events").


1.2       Deviations from these Terms require written confirmation of the Company. Deviating terms of the customer are not valid unless the Company has agreed to their validity in writing. These Terms apply even if the Company with knowledge of other conditions of the customer renders services without reservation.


2         Holding the Event

The Event will be conducted by the Company under the "Dräger Academy" name. Under this name, the Companies listed in the title of these Terms carry out independent Events organised by the respective Company. The Companies do not act jointly or as a partnership or joint venture of any kind with regard to these Events.


3.        Prerequisites for participation

Participation in the Events of the Company requires in part sufficient physical fitness and strength. At certain Events, stress is generated artificially for a controlled demonstration of how to respond in case of danger. Contact the Company early to find out about the actual requirements of any given Event. The Company specifically does not assume any liability for injuries or damages incurred due to poor physical condition of the participant.


4.         Registrations, cancellations

4.1       Registrations of customers become binding upon receipt by the Company. However, a binding contract arises only after confirmation by the Company.


4.2       The data of the registration are electronically stored and processed in accordance with section 28 Federal German Data Protection Law (Bundesdatenschutzgesetz) for the own business purposes of the Company.


4.3       Registrations and contracts may be cancelled free of charge up to four weeks before the start of the Event. If a cancellation is received after this time, up to one day before the Event, the Company reserves the right to demand 50% of the registration fee. The day when the Event starts is not counted when calculating the time limits. Later cancellations and no-shows of the customer entitle the Company to demand the full registration fee. Partial attendance at an Event does not entitle to a rebate. The right to participate becomes null and void upon cancelling. All cancellations by the customer must be in writing. If the customer has already paid a registration fee, the Company will refund the amount which it is not entitled to retain as a result of the cancellation. Other cancellation rights of the customer remain unaffected.


4.4       The Company is entitled to cancel or reschedule Events for organisational or technical reasons, particularly in case the specified minimum number of participants has not registered or in case of unexpected absence or non-availability of the lecturer or a speaker. The Company is obliged to inform the customer without delay (ohne schuldhaftes Zögern) of any cancellations or rescheduling. In this case, the Company will attempt to reschedule the customer on a different date or a different venue, if the customer agrees. Otherwise, the contract becomes null and void and already paid registration fees will be refunded. Further claims do not exist subject to Section 7.


5.         Registration fee, hotel, travel expenses and meals

5.1      The registration fee applies only to those services mentioned in the description of the Events. Unless stated otherwise, the registration fee does not include applicable value added tax.

5.2       Costs for accomodation and meals, as well as travel expenses for the participants are not included in the registration fee.

5.3       The registration fee is payable upon receipt of invoice.


6.         Copyrights

All Event materials are copyrighted. They may not be reproduced, distributed or communicated to the public without the prior consent of the Company.


7.         Liability

7.1       The Company is liable in accordance with the relevant statutory provisions in the event of wilful conduct (Vorsatz), gross negligence (grobe Fahrlässigkeit) on the part of governing bodies (Organe) or executive employees, culpable injury to life, limb or health, defects maliciously concealed by Dräger Medical or the absence of which was guaranteed by the Company, as well as in the case of defects in delivered goods to the extent that liability lies for personal and property damage for privately used items in accordance with the German Product Liability Act (Produkthaftungsgesetz).

7.2       In the event of a breach of material contractual duties, the Company is also be liable in the event of gross negligence (grobe Fahrlässigkeit) on the part of ordinary employees and for ordinary negligence. Liability for ordinary negligence shall be limited to foreseeable damage typical of this type of agreement or relationship. Material contractual duties are duties the customer may rely upon for their existence is a necessary pre-requisite for the performance of the agreement.

7.3       The Customer must take all necessary and reasonable measures to prevent or limit damage. The customer must especially provide for a regular backup of programmes and data. For the recovery of data, the Company is therefore only liable under the provisions of Sections 7.1 and 7.2 if the customer has ensured that such data can be reconstructed from other data material at a reasonable cost and with reasonable effort.

7.4       Further claims or damage claims other than those specified in this Section 7 against the Company or its agents are excluded regardless of the legal reason.

8          Jurisdiction and applicable law

8.1       Lübeck is the place of jurisdiction for all disputes if the parties are merchants (Kaufleute), legal persons under public law (juristische Personen des öffentlichen Rechts) or public law special funds (öffentlich-rechtliche Sondervermögen). In this case the Company is also entitled to take the customer to any court of competent jurisdiction responsible for the customer.


8.2       The relationship and the agreement are governed by the substantial laws of the Federal Republic of Germany. If the English legal meaning differs from the German legal meaning of this agreement and its terms, the German meaning, especially where expressly stated in brackets, shall prevail.



* * * * *