§ 1 Scope of application
(1) The following general terms and conditions apply to all legal relationships between Marianna Amon (hereinafter referred to as the Provider) and the participant (hereinafter referred to as the Participant) of online courses and face-to-face courses (hereinafter referred to as Courses). (2) No verbal side agreements have been made. All future amendments to the contract must be made in writing; this also applies to the cancellation of this written form clause.
§ 2 Conclusion of contract
(1) The contract is concluded when the provider sends a confirmation email, which also contains a link to these General Terms and Conditions, including cancellation policy. If the participant does not receive this email, the provider's acceptance of the contract shall be deemed to have taken place at the latest when the participant is invoiced or when participation in the course is enabled (whichever occurs first). (2) The contract language is German. (3) A written contract shall be kept and stored by the provider, but a contract may also be concluded verbally. (4) The provider is entitled to withdraw from the contract for the course if there is an important reason for refusing participation on the part of the participant. Good cause shall be deemed to exist in particular if the course fee is not paid despite a reminder and the setting of a reasonable grace period, or if the participant's behaviour significantly disrupts the course, even though he or she has been warned about this – either verbally or in writing.
§ 3 Payment/Default
(1) All prices are quoted in euros and include statutory value added tax, where applicable. Online courses do not include any connection costs incurred by the participant, nor do face-to-face courses include travel or meal costs. (2) Payment by the participant upon receipt of an invoice is regulated as follows: Payment by the participant upon receipt of an invoice is due immediately. Better: The participant shall be in default no later than 10 days after receipt of the invoice if this consequence has been pointed out. (3) The following payment methods are available to the participant: Bank transfer. (4) If fees are incurred for a return debit note by the participant, the participant shall bear these fees if he/she was responsible for the return debit note, i.e. if it was not justified. (5) The provider is entitled to check the participant's payment of the course fee before the course begins and, if necessary, to request proof of successful payment from the participant. If the participant fails to provide this proof, or in the event of non-payment, the provider may refuse the participant participation in the course.
§ 4 Course content and location
(1) The exact content, duration and location of each course are specified in the course description, which is made available to the participant prior to booking. Any changes require the consent of both parties if they exceed the right to make changes granted in these terms and conditions. (2) The provider shall ensure that the course description is always up to date and clearly visible to the participant before booking. In case of uncertainty or questions regarding course content or schedule, the participant may contact the provider at any time to obtain further information. (3) The provider is free to pursue the objectives associated with the course through other methodological, didactic or content-related arrangements for the course. In doing so, the provider may only make changes if they are of equivalent quality and reasonable for the participant. (4) The provider is particularly entitled to adjust the content or schedule of the course for technical reasons, for example if there is a need to update or further develop the course content, provided that this does not result in a significant change to the course content and the change is reasonable for the participant. (5) The provider is entitled to replace the announced lecturer with an equally qualified lecturer if this should become necessary due to the lecturer being unavailable, for health reasons, or for other reasons. (6) The provider is entitled to change the announced course time, provided that the participant is informed in good time and the change is reasonable.
§ 5 Duties of the Participant in Online-Courses
(1) The participant may only use the course personally and may not make it accessible to third parties, unless otherwise agreed. (2) The participant is prohibited from recording audio or video, even in part, of the course.
§ 6 Availability of the Online Course
(1) The course is accessed via the Internet and can only be fully used with a sufficiently fast Internet connection, which is the responsibility of the participant. (2) The provider strives to ensure the highest possible availability of the course. However, constant availability cannot be guaranteed and depends on the functioning of the Internet infrastructure, which is beyond the provider’s control. (3) The provider is entitled to temporarily restrict or suspend the use of the course, for maintenance, servicing, improvements, or for other reasons necessary for the provider’s operations. The provider will make every effort to take into account the general interests of participants (e.g., when determining maintenance times). In urgent cases of disruption, the provider is also entitled to carry out troubleshooting during normal business hours. (4) The provider is not liable for force majeure or operational disruptions occurring at the provider or its subcontractors (e.g., due to riots, strikes, lockouts) which temporarily prevent the provider from delivering services without fault. Furthermore, the provider is not liable for data losses or unavailability that could have been easily prevented by appropriate measures on the part of the participant in line with industry standards and reasonable self-protection. (5) If the provider is unable to perform its services due to force majeure, the provider’s obligation to perform shall be suspended for as long as the hindrance continues. (6) If the hindrance lasts longer than one week, the participant has the right to terminate the contract without notice if the fulfilment of the contract is of no further interest to them due to the hindrance.
§ 7 Availability and Conduct of On-Site Events / Exclusion of Participants
(1) Course places are allocated based on a curation by the provider. Booking a course by the participant does not in itself create a right to participate. If the course is full, participants who registered but did not obtain a place will be put on a waiting list. The participant agrees to this. Personal data on the waiting list will be deleted no later than 12 months. See privacy policy for details. (2) The provider has domiciliary rights in the course premises. Participants must follow the instructions of the provider or its staff. In addition, the house rules of the venue as well as any additional regulations issued by the provider apply. The provider may exclude a participant from further participation in the event if the participant culpably violates the obligations under this section. In cases of gross violations, exclusion may occur without warning. (3) If the participant is excluded by the provider, they are obliged to compensate the provider for any resulting damages. The right to reimbursement of the course fee for unused course services remains unaffected.
§ 8 Withdrawal / Cancellation
Consequences of withdrawal in the case of express prior commencement of services: If you have expressly requested us to begin providing the service before the end of the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of your decision to exercise your right of withdrawal from this contract, compared with the total scope of services provided for in the contract.
§ 9 Right of Withdrawal
(1) The participant has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date the contract was concluded.(2) To exercise the right of withdrawal, the participant must inform the provider of their decision to withdraw from this contract by means of a clear statement (e.g. an email) including their name, address, email-address, and telephone number. To meet the withdrawal deadline, it is sufficient for the participant to send the notification of exercising the right of withdrawal before the withdrawal period has expired. (3) If the participant withdraws from this contract, the provider shall reimburse all payments received from the participant without undue delay and at the latest within fourteen days from the day on which the provider received notification of the participant’s withdrawal. For this repayment, the provider will use the same means of payment as the participant used in the original transaction, unless expressly agreed otherwise; under no circumstances will the participant be charged fees for this repayment. (4) If the participant has requested that the service should commence during the withdrawal period, the participant shall pay the provider a reasonable amount corresponding to the proportion of the services already provided up to the time when the participant informed the provider of exercising the right of withdrawal, compared with the total scope of services provided for in the contract.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us
Marianna Amon [Kierlingerstraße 2/6, 3400 Klosterneuburg, Österreich] [amon.marianna@googlemail.com] [+43 676 9201105]
by means of a clear statement (e.g. a letter sent by post, fax, or email) about your decision to withdraw from this contract. You may use the attached model withdrawal-form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we receive your notification of withdrawal from this contract. For this reimbursement, we will use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.
Special Notes
In accordance with § 18 para. 1 no. 2 FAGG (Austria) and § 356 para. 5 BGB (Germany), your right of withdrawal expires prematurely if we have fully performed the service and only began the execution of the service after you gave your express consent and at the same time acknowledged that you lose your right of withdrawal once the contract has been fully performed by us.
End of Withdrawal Policy
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it.) To:Marianna Amon [Kierlingerstraße 2/6, 3400 Klosterneuburg, Österreich] [amon.marianna@googlemail.com]
I/we () hereby withdraw from the contract concluded by me/us () for the provision of the following service:
• Description of the service (e.g. name of the online course): ____________________
• Contract concluded on: ____________________
• Name of consumer(s): ____________________
• Address of consumer(s): ____________________
• Signature of consumer(s) (only if this form is submitted on paper): ____________________
• Date: ____________________
(*) Delete as appropriate.
§ 10 Course Cancellation
(1) The provider is entitled to cancel the course if the provider or a third party engaged by the provider, such as the lecturer or the venue, is prevented from carrying out the course due to circumstances beyond their control, e.g. riots, strikes, lockouts, natural disasters, severe weather, traffic disruptions, or illness, which make it impossible for the provider to hold the course on the agreed date without fault. (2) The provider is obliged to inform the participant of any cancellation as soon as possible. (3) In the event of cancellation under paragraph 1 or 2, the participant shall not be entitled to claim damages. (4) In the event of cancellation, the provider may offer the participant an alternative date. If no agreement can be reached, the provider shall refund any course fees already paid by the participant.
§ 11 Participant’s Inability to Attend
(1) If the participant withdraws from the course or otherwise refuses to participate, the participant shall pay the course fees in part or in full, subject to the following conditions: (2) The participant may withdraw from the course during its duration. In such a case, costs will be refunded proportionally to the extent of the participant’s attendance. Example: if the participant withdraws after completing half of the course, 50% of the course fee will be refunded. If withdrawal occurs after 75% of the course, a 25% refund will be granted. (3) If a participant fails to attend course sessions without cancelling at least 24 hours in advance, they shall be liable to pay damages equal to the course fee. The participant may provide evidence that the provider incurred a lesser loss.
§ 12 Provider’s Liability
(1) The provider is liable for intent and gross negligence. (2) For slight negligence, the provider shall only be liable if a fundamental contractual obligation (cardinal obligation) has been breached. Fundamental contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on which the participant may regularly rely. In such cases, liability is limited to the typical, foreseeable damages under the contract. (3) The limitations of liability do not apply to damages arising from injury to life, body, or health, to claims under the Product Liability Act, or in cases where the provider has assumed a guarantee. (4) Where the provider’s liability is excluded or limited, the same applies to the personal liability of the provider’s employees, representatives, and vicarious agents. (5) Items brought by participants are stored in the provider’s premises at the participant’s own risk. The provider accepts no liability for loss, destruction, or other damage unless caused by intent or gross negligence on the part of the provider. (6) In the case of online content, the provider is only liable for the proper transmission of data into the internet at their access point. The provider is not liable if the data properly transmitted does not reach the participant in sufficient quality. In particular, the provider is not liable for the participant’s reception configuration or for errors on the part of network operators.
§ 13 Privacy Policy
(1) Controller Marianna Amon, [Kierlingerstraße 2/6, 3400 Klosterneuburg, Österreich], [amon.marianna@googlemail.com [+43 676 9201105]
(2) Data Processing for Contract Performance (Art. 6 (1) (b) GDPR) To carry out the online courses, we process your personal data (name, email address, and, if applicable, data transmitted via chat/camera image) using the following service providers:
- Zoom: Provider is Zoom Video Communications, Inc., USA. Data transfer to the USA is based on the EU–U.S. Data Privacy Framework and additionally on the EU Commission’s Standard Contractual Clauses. Further information on Zoom’s data processing can be found in their privacy policy: https://zoom.us/de-de/privacy.html.
- Microsoft Teams: Provider is Microsoft Corporation, USA. Data transfer to the USA is based on the EU–U.S. Data Privacy Framework and additionally on the EU Commission’s Standard Contractual Clauses. Further information on Microsoft’s data processing can be found in their privacy policy: https://privacy.microsoft.com/de-de/privacystatement.
- WhatsApp: Provider is Meta Platforms Ireland Ltd., Ireland. We use WhatsApp for quick communication and organization as part of course delivery. Please note that Meta (Facebook) acts as the recipient of communication data and also processes this data in the USA. Data transfer to the USA is based on Standard Contractual Clauses. Further information on WhatsApp’s data processing can be found in their privacy policy: https://www.whatsapp.com/legal/privacy-policy-eea.
(3) Notice Regarding WhatsApp We expressly point out that the use of WhatsApp is voluntary. You may object to the use of WhatsApp or choose an alternative communication method (e.g., email). Please inform us accordingly. By continuing to use WhatsApp after this notice, you consent to the described data processing (Art. 6 (1) (a) GDPR). (4) Storage Period Your data will be deleted as soon as it is no longer necessary to achieve the purpose of its collection. In the case of a contract, we are subject to statutory retention periods (generally 6 years under § 257 HGB, 10 years under § 147 AO). Recordings of courses will only be made with your express and separate consent. Zoom/Teams meeting data (e.g., participant lists) will be deleted no later than 90 days, unless legal obligations prevent this. (5) Data Subject Rights You have the right to access, rectify, erase, restrict processing, data portability, and object to the processing of your personal data. You may withdraw your consent at any time. Complaints can be lodged with the competent supervisory authority. (6) Recipients of the Data In addition to the service providers mentioned, technical IT service providers may also have access to the data. (7) Right of Withdrawal You may withdraw your consent at any time with effect for the future. (8) Right to Lodge a Complaint You have the right to lodge a complaint with a data protection supervisory authority.
§ 14 Jurisdiction / Final Provisions
Austrian law shall apply, and the court at the provider’s place of business shall be the agreed place of jurisdiction. Mandatory consumer protection provisions of the country in which the participant has their habitual residence remain unaffected.Become one of my students from all over the world
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