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.
.
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