TERMS OF SERVICE
A: General
The activities of the MEDIENBOTSCHAFT include advising, accompanying and supporting people and companies in change and communication processes through individual, team, business and media coaching as well as intercultural coaching and workshops and related events. These general terms and conditions apply to all orders for coaching, advice, training and events from MEDIENBOTSCHAFT.
The subject of the contract is the provision of the agreed services, not the achievement of a specific result. These are service contracts.
§ 1 Provider
Unless expressly stated otherwise, the provider and contractual partner is:
Katrin Benner, c/o Ribbon & Partner
Johannisbollwerk 19, 20459 Hamburg
Mobile: +49 (0) 177-6039295
Phone + Fax: +49 (0) 40 43213762
info@medien-botschaft.de
www.medien-botschaft.de
Management: Katrin Benner
§ 2 Scope
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These General Terms and Conditions (GTC) apply to all orders and bookings by consumers within the meaning of Section 13 of the German Civil Code and entrepreneurs within the meaning of Section 14 of the German Civil Code (together: customers) at MEDIENBOTSCHAFT.
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The following applies to customers who are entrepreneurs: Our General Terms and Conditions apply exclusively. Conflicting or deviating or supplementary conditions of the entrepreneur, which we do not expressly recognize, are not binding for us, even if we do not expressly object to them. Counter-confirmations by the entrepreneur with reference to his terms and conditions are expressly contradicted. Our terms and conditions also apply if we carry out the delivery or service to the entrepreneur without reservation or otherwise do business in the knowledge of conflicting or deviating conditions of the entrepreneur.
§ 3 Conclusion of contract Advice/workshops/coaching/training/advice
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The prices for booking workshops/coaching/training shown in offers and on our website are non-binding. The customer can send an email via our website, stating his contact details and the offer he is interested in. It is also possible to contact us by telephone or send a request by fax. The customer then receives a binding offer from us by e-mail or fax, to which we are bound for one week, unless otherwise agreed. If we do not receive a declaration of acceptance from the customer by the end of the period, the offer loses its validity. If the customer accepts the offer within the week, by e-mail, telephone or fax, the contract is deemed to have been concluded.
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The exclusive contractual language is German.
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The contract will be stored by us. The customer receives an e-mail with the order data and the general terms and conditions. The current terms and conditions can also be viewed at any time on the website.
§ 4 Prices
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The prices stated in the offer include the statutory VAT and other price components.
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Invoice: The customer must transfer the invoice amount to the account specified in the invoice.
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When booking coaching, the payment method agreed between the customer and us applies.
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In the case of payment transactions from abroad, all bank charges are to be borne by the customer.
§ 5 Copyrights, Brands and Trademarks
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All publications by MEDIENBOTSCHAFT / Katrin Benner, such as documents, databases, internet services, newsletters, articles, photos, audios, videos, other images and products as well as all documents, coaching handouts and individual lectures provided by MEDIENBOTSCHAFT and Katrin Benner Events of any kind are protected by copyright. Reproduction, distribution and/or public reproduction of the lecture or the documents and disclosure, even in part, requires the prior, express written consent of MEDIENEMOTSCHAFT / and thus Katrin Benner.
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The participant hereby irrevocably agrees that we can make photo, sound, image and video recordings of the coaching/training/workshops. The participant is hereby informed of the possible admission. Furthermore, the participant hereby irrevocably agrees that we can use these recordings to advertise the products we offer for advice, workshops, coaching and training. This includes in particular use in flyers, on the website, on our websites on third-party platforms (e.g. Linkedin, Instagram, YouTube and other social media), in newspaper advertisements or radio or film formats.
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Designations, brand names and illustrations used are generally subject to trademark, brand and/or patent protection of the respective owner. A reproduction of corresponding terms or illustrations by us, even without special identification, does not entitle the assumption that these terms or illustrations can be freely used by anyone.
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The customer/participant/author guarantees to be the sole owner of all rights to all files, texts and images made available to us, in particular to own the rights of third parties if such are affected by the use. This also includes the rights of the persons depicted in the photos or the rights holders to the depicted objects, patterns, logos, etc. (motifs). The customer/participant/author also guarantees that the files, photos, texts, images, advertising material do not infringe applicable laws (in particular criminal laws, regulations for the protection of young people, competition law) or the rights of third parties (brand rights, personal rights, copyrights). In addition, the customer/participant/author expressly guarantees to us that the persons depicted and the holders of rights to the motifs depicted with the use, utilization and distribution of the files, photos, texts, images, advertising media, their duplication, digitization, editing and processing for the agree to the contractual purpose.
If third parties assert an infringement of their rights to images, image files or an infringement of personal rights or other rights (including name rights, trademark rights, etc.), the customer/participant/author of the files/motifs in question undertakes to notify us at the latest on the first written notice Request to indemnify and hold us harmless from all claims asserted against us by third parties, ie to indemnify us from all claims and to compensate us for all damages resulting from the violation of rights, in particular to assume defense and legal costs.
§ 6 data protection
All information on the collection, processing and use of personal data of users can be found in the data protection declarations at www.medien-botschaft.de .
§ 7 Final Provisions
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If the customer is an entrepreneur, German law applies exclusively, excluding the UN sales law.
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If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, Hamburg is the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and the customer.
Online platform for out-of-court dispute resolution and information according to § 36 VSBG
As an online company, we are obliged to refer you as a consumer to the European Commission's platform for online dispute resolution (OS platform). This OS platform can be reached via the following link: https://webgate.ec.europa.eu/odr . However, we do not take part in a dispute settlement procedure before a consumer arbitration board.
B. Special conditions for advice/coaching/training/workshops
The provisions contained in this provision take precedence over the provisions above. Unless expressly stated otherwise, the provider and contractual partner is:
Katrin Benner, c/o Ribbon & Partner
Johannisbollwerk 19, 20459 Hamburg
Mobile: +49 (0) 177-6039295
Phone + Fax: +49 (0) 40 43213762
info@medien-botschaft.de
www.medien-botschaft.de
Management: Katrin Benner
§ 1 Registrations and terms of payment
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Registrations are binding. When you receive the registration confirmation, the contract for the coaching/training/workshop participation is deemed to have been concluded. If you do not receive the registration confirmation or if it is delayed, the contract is deemed to have been concluded if we do not declare our refusal within a period of 14 days.
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All information on the course and location of the event will be communicated to the customer in good time before the coaching/training/workshop. The scope, topic, type of coaching/training/workshop and goal are evident from the briefing.
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We are entitled to make changes to the coaching/training/workshop if this is reasonable for the participants. This applies in particular to changing the coaching/training/workshop date or location. If the coaching cannot be carried out as planned due to force majeure, illness, accident or other circumstances for which we are not responsible, we are entitled to hold the seminar on an alternative date.
§ 2 Prices, terms of payment
The prices given (including cancellation fees) are gross prices. The statutory VAT is shown separately. The remuneration is due for payment upon receipt of the invoice by the customer. Payments are to be made without deduction to one of the accounts specified in the invoice. An agreement to pay in installments is possible, but requires express agreement.
§ 3 Cancellations, rebookings, right of withdrawal
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The following cancellation conditions apply to the coaching / training modules and offers up to 6 weeks before the start: free of charge, 6 to 4 weeks before the start: 80% of the training fee, from 2 weeks before the start: 100% of the fee.
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The cancellation must be made in text form (e.g. letter, fax, e-mail) to MEDIENBOTSCHAFT. Cancellations are only effective if made in writing.
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Up to four weeks before the start of the booked coaching/training/workshop, the participant can rebook the seminar with the consent of the organizer. There is no entitlement to rebooking. The rebooking is only possible if the coaching fee has been paid in full.
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As an alternative to cancellation, a third party can take part in the booked event as a substitute participant. This must be registered. If a suitable substitute participant registers, the previously registered participant only has to pay a processing fee of EUR 50.00. After the start of the ongoing event, it is no longer possible to provide substitute participants. If a participant is unable to take part in one or more training modules after the start of the event for important reasons, he/she has the opportunity to make up for the missed content after consultation with the leaders and subject to the availability of places. A refund of participation fees already paid is not possible.
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The other cancellation costs depend on the individual agreement.
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The coaches/trainers/lecturers are free to design their coaching/training/workshop and are responsible for the content of the coaching/training/workshop. We neither guarantee nor owe any success associated with participation.
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Unless otherwise agreed, travel, accommodation and meals are generally included in the coaching/ training/ Workshop not included and therefore to be borne by the customer himself.
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The right of withdrawal of the consumer (above § 8 under A.) is not affected by the above conditions.
Hamburg, March 2022