In management consulting, customer names are treated confidentially
Terms and Conditions (GTC)
These general terms and conditions ("GTC") apply to all contracts, deliveries and other services provided by Glassl & Brandel GbR Unternehmensberatung, Flandernstrasse 124, 73732 Esslingen, (hereinafter also referred to as "GlaBra") towards their customers. Deviating terms and conditions of customers are hereby rejected. GlaBra only recognizes such deviating conditions if this has been expressly agreed in writing.
In this text we only use the masculine form when referring to people in order to keep the texts clear. We ask for your understanding. Of course, all information applies equally to women and men.
I. General provisions
§ 1. General
(1) GlaBra's offers are aimed at consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
(2) Subsidiary agreements should be agreed in writing; individual agreements always have priority.
(3) The business relationships between GlaBra and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law.
(4) The exclusive place of jurisdiction for all disputes arising from this contract is Esslingen, if the customer is a merchant, legal entity under public law, special fund under public law or in Germany without a place of jurisdiction. GlaBra is also entitled to sue the customer at his general place of jurisdiction.
§ 2 sales tax and payment
(1) Unless otherwise stated, the agreed fees or prices are net plus sales tax.
(2) Unless otherwise agreed, the customer's payment obligations are due for payment within 10 days of the invoice being issued. If a customer defaults on his payment obligations, GlaBra can withdraw from the contract in accordance with the statutory provisions. Further rights are reserved.
(3) GlaBra always issues the customer with an invoice. When purchasing documents online, GlaBra can also send the invoice as a PDF file.
§ 3 liability
(1) GlaBra is liable for material and legal defects in accordance with the statutory provisions.
(2) Claims for damages, regardless of the legal reason, are excluded. Excluded from this are claims for damages resulting from injury to life, limb, health or from breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by GlaBra, its legal representatives or vicarious agents.
Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, GlaBra is only liable for the foreseeable damage typical for the contract if this was caused negligently, unless the customer is entitled to compensation for damage to life, limb or health.
The restrictions of paragraphs 2 and 3 also apply in favor of the legal representatives and vicarious agents of GlaBra if claims are asserted directly.
§ 4 Offsetting and right of retention
The customer is only entitled to offset if the counterclaims are recognized by GlaBra or have been legally established. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 data protection
(1) The customer is aware and consents to the personal data required to process the order being stored by GlaBra on data carriers. The customer expressly consents to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by GlaBra. The collection, processing and use of the customer's personal data takes place in compliance with the Federal Data Protection Act (BDSG) and Telemedia Act (TMG). At this point we refer to the data protection declaration.
(2) With the prior express consent of the customer, personal information can also be used to provide information about products, marketing measures and other services.
(3) The customer has the right to revoke his consent at any time with effect for the future. In this case, GlaBra is obliged to delete the customer's personal data immediately. In the case of ongoing contractual relationships, the deletion takes place after their end.
II. Special provisions for business consultancy
§ 6 Commissioning, determination of the termination of the order
(1) The task, the procedure, the type of work results and the remuneration are determined by a written agreement between GlaBra and the customer. Changes, additions or extensions to the task, the procedure and the type of work results require a written agreement.
(2) The services of GlaBra are provided when the necessary analyzes, plans, models, etc., the resulting conclusions and recommendations have been drawn up and explained to the customer. It is irrelevant whether and when the customer implements the conclusions or recommendations.
§ 7 Obligations of the customer
(1) The customer undertakes to support the activities of GlaBra. In particular, the customer creates all prerequisites in the area of his operating sphere that are necessary for the provision of the service free of charge. If GlaBra is denied the appropriate conditions, the customer has to pay for the waiting times, which are documented, separately.
(2) The customer undertakes not to employ or commission any GlaBra employees or vicarious agents employed in connection with the implementation of the consultation before the end of the 24 months after the end of the cooperation.
§ 8 obligations of GlaBra
GlaBra is obliged to treat the information about the customer's trade and business secrets confidentially and to have a corresponding declaration of commitment signed by its employees or vicarious agents upon request. If one of the employees or vicarious agents violates the obligation, GlaBra fulfills an obligation to compensate the customer arising therefrom in that GlaBra assigns the recourse claims against the employee or vicarious agent to the customer.
§ 9 Protection of work results
The reports, plans, drafts, statements and calculations made by GlaBra may only be used for the contractually agreed purposes. Any use of these services outside the contract, in particular their publication, requires the prior written approval of GlaBra. This also applies if the service provided is not subject to special legal rights, in particular copyright.
III. Special provisions for training, seminars and workshops
§ 10 Booking of training or seminar events
(1) If the customers book their participation in training and seminar events via the web portal at www.glassl-brandel.de, the contract is legally binding, the acceptance of the offer after confirmed registration and by clicking the button “Register for a fee” . The customer must ensure that the e-mail address provided for order processing is correct so that the e-mails sent by GlaBra can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by GlaBra can be delivered.
(2) For all other booking processes, e.g. by telephone, letter or fax, GlaBra sends the customer an offer to participate in the desired training or seminar event, which the customer can accept in text form within 1 week. With this confirmation from the customer, the registration is binding for both parties and the customer then receives the invoice.
(3) Due to the limited number of participants - in the interests of the customer - registrations will be considered in the order in which they arrive.
(4) The trainers employed by GlaBra in the implementation of the training or seminar events act exclusively on behalf of and on behalf of GlaBra during their work. Additional, follow-up and new orders with the trainers must be processed via GlaBra within a period of 24 months after the end of the training or seminar event.
§ 11 Prices for training and seminar events, cancellations and rebooking
(1) For participation in training courses. or seminar events, the prices stated in the course programs apply or, e.g. for company events, the individually agreed prices.
(2) The participation fee is due for payment within 5 days of receipt of the invoice, in any case before the start of the event. If the participation fee has not been paid by the start of the event, participation is unfortunately not possible. An early bird discount is only granted if it is expressly marked as such and the booking and payment have been made within the specified deadline.
(3) The prices include training services, training documents depending on availability in German or English and lunch as well as beverages during breaks, if expressly stated. The participants also receive a written confirmation of participation. Other costs in connection with the training, such as accommodation and travel expenses, must be borne by the participant. Failure to attend an event or participation only temporarily does not entitle you to a reduction in the participation fee.
(4) If a participant cannot take part in a training and seminar event due to illness and the customer proves this by submitting a medical certificate, the customer has the right to rebook free of charge to a training with the same course name at the next available date. Participants can also cancel their participation in training or seminar events in writing no later than 14 calendar days before the start of the event as follows:
- If the cancellation occurs 14 calendar days or earlier before the start of the event, this is free of charge; Any participation fees already paid will be reimbursed by GlaBra.
- In the event of a later cancellation, the entire participation fee will be charged.
(5) A customer can transfer his registration to an employee of his company at any time.
(6) For a processing fee of € 20.00 plus VAT, a customer can also rebook the registration once for another GlaBra event within the following 6 months. Different participation prices have to be compensated.
§ 12 Implementation of training and seminar events, cancellation and cancellation
(1) The event location is specified in the current training description or in the confirmation letter, in the case of company events in the offer or the order confirmation. The right to move the training location is reserved. Unless otherwise agreed, the minimum number of 4 participants applies.
(2) GlaBra reserves the right to cancel confirmed events for organizational or other important reasons (e.g. if the number of participants is too low) up to two weeks before the start of the event. In this case, however, GlaBra will endeavor to offer alternatives. If the event is canceled or canceled, e.g. due to force majeure, GlaBra will inform the participants immediately and reimburse participation fees already paid; There are no further claims.
§ 13 Copyrights to training documents
All copyrights and other property rights with regard to the training documents, including those relating to translation, reprinting and duplication, remain with GlaBra. Without the prior written consent of GlaBra, no user may reproduce, duplicate, distribute or publicly reproduce the training documents, in whole or in part, in any form, not even for the purposes of teaching.
§ 14 right of withdrawal for consumers
GlaBra's training and seminar events as well as workshops are aimed at both consumers and entrepreneurs.
An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the legal transaction, is exercising their commercial or independent professional activity.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. The legislator requires us to provide the following information for consumers.
If you are an entrepreneur, the following statements do not apply to you.
Right of withdrawal
Right of withdrawal:
You have the right to revoke your contract declaration within 14 days in writing (e.g. letter, fax, email) without giving reasons. The period begins 14 days from the day the contract is concluded.
Consequences of the withdrawal:
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
Expiry of the right of withdrawal:
The right of revocation expires prematurely if GlaBra has started to perform the service (e.g. start of the seminar) with the express consent or at the express request of the participant before the end of the revocation period or if the participant has initiated this himself.
End of revocation
Sample cancellation form PDF
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