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+49 7641 962 232-0
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GENERAL TERMS AND CONDITIONS

SCOPE

These general terms and conditions apply to all services offered by ARKANA Forum GmbH. Any differing conflicting or supplementary general terms and conditions referred to by you, even if known, do not form part of the contract unless ARKANA Forum GmbH has expressly agreed to the application thereof in writing.

REGISTRATION

Online registration constitutes a binding offer to conclude a service contract with ARKANA Forum GmbH. By clicking on the button “Kostenpflichtig buchen” (Confirm and pay), you are declaring with binding effect that you wish to book the selected event. For bookings made electronically, ARKANA Forum GmbH will confirm receipt of the booking request immediately. This automatic confirmation of receipt does not constitute binding acceptance of the booking. The service contract is concluded only upon receipt of written confirmation or receipt of the invoice indicating acceptance of the offer to conclude a service contract.
All registrations are booked in the order in which they are received.

PAYMENT TERMS

The participation fee agreed upon when registering and specified in the invoice including VAT is per person. It must be paid in advance. You will receive an invoice approximately 4 weeks before the event. The participation fee is due 14 days after the invoice date and must be received by ARKANA Forum GmbH no later than 3 days before the start of the event. If you do not pay by the due date, you will be deemed to be in default without further notice. If ARKANA Forum GmbH does not receive payment of the participation fee by the beginning of the event, ARKANA Forum GmbH is entitled to prohibit you from attending the event.

SET-OFF/RETENTION

You may offset against counterclaims only if and insofar as these claims are recognised by ARKANA Forum GmbH as existing and being due or if your entitlement to do so has been established by law.

You are entitled to a right of retention only if and insofar as your counterclaim is based on the same contractual relationship.

CANCELLATION/NON-APPEARANCE

Bookings may be cancelled at any time. However, this can only be done in writing.

The following cancellation fees are charged (based on the date of receipt).

  • Cancellation up to 4 weeks before the start of the event: EUR 25.00 processing fee.
  • Cancellation up to 3 weeks before the start of the event: 50% of the participation fee plus VAT.
  • Cancellation up to 2 weeks before the start of the event: 75% of the participation fee plus VAT.
  • Cancellation after that time up to the start of the event: 100% of the participation fee plus VAT.

You are entitled to provide proof that, in a particular case, no damage was incurred or the damage was significantly less than the specified flat-rate cancellation fee.

If the registered person does not attend and does not cancel in advance, 100% of the participation fee plus VAT is due.

CANCELLATION OF SEMINARS

ARKANA Forum GmbH reserves the right to cancel the event up to 14 days before the planned event date due to low demand or if other circumstances of significant importance to the holding of the seminar change through no fault of ARKANA Forum GmbH and as a result it would be unreasonable for ARKANA Forum GmbH to hold the event. Any participation fees already paid will, of course, be returned in such cases. Further liability and compensation claims that are not related to injury to life, limb or health are excluded insofar as they do not involve wilful intent or gross negligence on the part of ARKANA Forum GmbH. This also applies to any losses relating to hotel rooms, flights or train tickets that you have already booked.

RIGHT OF MODIFICATION

ARKANA Forum GmbH is entitled to make necessary changes to or deviations from content, methodology and organisational aspects (e.g. as a result of changes in legislation) before or during the event provided that such changes or deviations do not substantially change the benefit of the event concerned to the participants. If necessary (e.g. illness, accident), ARKANA Forum GmbH is entitled to replace the planned speakers with other speakers who are equally qualified in the subject concerned. The documents provided for training and education purposes are created to the best of the creator’s knowledge. ARKANA Forum GmbH does not assume any liability or provide any guarantee regarding the accuracy, currentness, completeness and quality of the content.

RULES OF PARTICIPATION

In the interests of all participants, every participant at an event is required to conduct themselves considerately and observe the rules considered customary for such events. In the event of major violations, event management and the tutor are entitled, having issued a warning and threatened exclusion, to temporarily or permanently exclude the participant concerned from the rest of the event. The participant’s obligation to pay the participation fee remains unaffected by said exclusion.

LIABILITY FOR TRAINING CONTENT AND TRAINING DOCUMENTS

While the greatest of care is taken when selecting training personnel, ARKANA Forum GmbH cannot accept any liability for the event content or the training documents.

The documents provided for training and education purposes are created to the best of the creator’s knowledge. ARKANA Forum GmbH does not assume any liability or provide any guarantee regarding the accuracy, currentness, completeness and quality of the content.

LIMITATION OF LIABILITY AND EXCLUSION OF LIABILITY

  1. ARKANA Forum GmbH is liable without limitation only in the case of wilful intent and gross negligence on its part or on the part of its legal representatives and vicarious agents, as well as for damage arising from injury to life, limb or health resulting from a deliberate or negligent breach of duty on its part or on the part of one of its legal representatives or vicarious agents. ARKANA Forum GmbH is also liable without limitation in the case of guarantees and assurances issued if a deficiency covered precisely by such guarantees or assurances renders ARKANA Forum GmbH liable. There is also no limitation with regard to strict liability offences.
  2. In the case of other culpable breaches of essential contractual obligations (cardinal obligations), the remaining liability of ARKANA Forum GmbH is limited to foreseeable damage that is typical for the type of contract. Cardinal obligations are essential contractual obligations, that is obligations that give the contract its character and upon the performance of which the other contractual partner may rely; they involve essential rights and obligations that are preconditions for execution of the contract and that are essential to achieving the purpose of the contract.
  3. In all other cases, liability is excluded, irrespective of the legal grounds, in particular claims arising from the violation of principal and subsidiary contractual obligations, tort claims, and other tortious liability.
  4. The same (exclusions, limitations and exceptions) applies to claims arising from culpa in contrahendo.
  5. The provisions set out above apply accordingly to compensation for expenses.
  6. Any exclusions or limitations of liability also apply to legal representatives and vicarious agents of ARKANA Forum GmbH.
  7. None of the above provisions is intended to amend the legal or judicial allocation of the burden of proof.

Copyright

ARKANA Forum GmbH and/or the speakers at the relevant event reserve all rights to the seminar documents. The seminar documents may only be reproduced or passed on to third parties with express written consent.

PHOTOS AND VIDEOS

The taking of photos and recording of videos is generally prohibited and permitted only following consultation with and the issuing of approval by course management and with the consent of the persons depicted.

WRITTEN FORM

Any side agreements or amendments to a contract must be made in writing in order to be effective. This requirement for the written form may only be waived in writing.

PLACE OF FULFILMENT/PLACE OF JURISDICTION

The place of fulfilment for all mutual obligations is Freiburg.

The exclusive place of jurisdiction for all disputes is Freiburg, Germany, for fully qualified merchants. However, ARKANA Forum GmbH is also entitled to bring an action against the contractual partner in the contractual partner’s statutory place of jurisdiction.

APPLICABLE LAW/SEVERABILITY CLAUSE

German law applies exclusively, excluding the rules of private international law.

Should one or more provisions of these general terms and conditions be or become ineffective, this will not affect the validity of the remaining provisions. The entirely or partially ineffective provision will be replaced by a provision whose economic purpose reflects that of the ineffective provision as closely as possible. The same applies in the event of gaps or omissions.

DATA PROTECTION EXCERPT

We take the protection of your data very seriously. The data sent when you register is used solely to organise the event, so that we can keep you informed and so that we can keep you up to date about other events. Your data will not be passed on to third parties outside of the inomed Group. If you do not wish to receive further event information, please notify us accordingly. For further information, please refer to our privacy policy.

APPLIES TO CUSTOMERS ONLY:

CANCELLATION POLICY

CANCELLATION RIGHT

You have the right to cancel this contract without specifying the reasons for doing so within fourteen days. The cancellation period is fourteen days from the date on which the contract is concluded.

To exercise your cancellation right, you must send a clear statement to us (ARKANA Forum GmbH, Im Hausgrün 29, 79312 Emmendingen, tel.: 0049 7641/962 232-0, fax: 0049 7641/962 232-19, email address: info@arkana-forum.com) (e.g. by post, fax or email) confirming your decision to cancel this contract. You may use the attached cancellation form template to do so, though this is not compulsory.

You will be deemed to have met the cancellation deadline if you send the notification regarding your exercise of the cancellation right before the end of the cancellation period.

CONSEQUENCES OF CANCELLATION

If you cancel this contract, we will refund to you all payments that we have received from you, including delivery costs (excluding any additional costs incurred as a result of you choosing a different type of delivery to the cheapest standard delivery option that we offer), without delay and within fourteen days from the date on which we receive notification of your cancellation of this contract at the latest. When making this refund, we will use the same payment method that you used in the original transaction unless expressly agreed otherwise with you; you will never be charged any fees in connection with this refund.

If you asked for the service or delivery to commence during the cancellation period, you are required to pay us an appropriate amount corresponding to the proportion of the services already provided up to the time that you notify us of your exercise of the cancellation right with regard to this contract in relation to the total scope of the services provided for in the contract.

CANCELLATION FORM TEMPLATE

(Note: If you wish to cancel the contract, please complete and return this form)

To

ARKANA Forum GmbH
Im Hausgrün 29
79312 Emmendingen
Germany
Fax: 0049 7641/962 232-19
Email-Adresse: info@arkana-forum.com

HI/we (*) hereby cancel the contract that I/we (*) concluded regarding the booking of the following event:

Event number:________________________________________________________

Registration on(*) / Confirmation on(*): ________________________________________

Customer name:_________________________________________________

Customer address:_______________________________________________

Date:_________________________________________________________________________

______________________________________________________________________
Customer’s signature (for notification on paper only)

(*) Delete as applicable