GTC
The following terms and conditions (GTC) apply to all business relationships between the customer and Heinemann Solutions GmbH, Mr Holger Heinemann, hereinafter referred to as Heinemann Solutions GmbH;
1. general
(1) The following terms and conditions for training apply to all business relationships between the customer and Heinemann Solutions GmbH, which have course modules of professional development as their subject matter;
(2) Heinemann Solutions GmbH offers its contractual partners - hereinafter referred to as participants - course modules for further vocational training at various qualification levels. An exact course description and list of the services offered will be publicised by Heinemann Solutions GmbH, among other things, in the business premises, via the Internet presence and other media used;
(3) Heinemann Solutions GmbH undertakes to train the participant in theory and practice in compliance with the respective course standards. The training courses are given by qualified instructors of Heinemann Solutions GmbH.
2. offer, acceptance and conclusion of contract
(1) The contract is concluded exclusively via the booking portal on the Heinemann Solutions GmbH website. By registering via this booking portal, the participant submits a binding offer. Only through a written confirmation from Heinemann Solutions GmbH following this binding registration is the contract then concluded. If an offer is made by the participant by e-mail or similar, a contract is also only concluded by the written confirmation from Heinemann Solutions GmbH;
(2) The course registration is binding. After binding registration and confirmation by Heinemann Solutions GmbH, a change or cancellation of the contract can only be made after consultation with Heinemann Solutions GmbH and as a gesture of goodwill. Heinemann Solutions GmbH reserves the right to charge a processing fee of 10% of the course price in any case.
(3) As part of the confirmation email, the participant will receive the essential contents of the course registration and in particular his/her personal data as stored in the system. The participant is obliged to check these immediately for correctness and to report any inaccuracies without delay, at the latest within 7 days. Heinemann Solutions GmbH will charge the administrative effort and costs for subsequent corrections.
(4) In the case of a group registration, Heinemann Solutions GmbH shall conclude a participation contract for the group with the person authorised to represent the participants. This is also binding. The authorised representative who has made the binding group registration is personally liable for the payment of the entire course price for the entire group;
(5) The participant is obliged to provide only truthful information in the booking portal for himself and, if applicable, the registered group. Furthermore, he/she must ensure that he/she can be reached at the e-mail address provided by him/her until the end of the course and that the e-mails are checked at least every 48 hours for new incoming messages from Heinemann Solutions GmbH;
(6) Heinemann Solutions GmbH reserves the right to cancel or terminate the course up to one week before the start of the course after exhausting all possibilities, if this is not reasonable because the booking volume for this course is so low that the costs incurred in relation to this course would mean exceeding the economic sacrifice limit. In the event of cancellation by Heinemann Solutions GmbH, the participant will receive a full refund and payment of the course price.
(7) The number of participants is limited for quality reasons and is determined in the order in which registrations are received. Heinemann Solutions GmbH reserves the right to change the location or time of courses for organisational or safety-related reasons. If a course has to be cancelled by Heinemann Solutions GmbH, there are no further claims against Heinemann Solutions GmbH.
3. contract duration and payment modalities
(1) The contract begins at the specifically and individually agreed time. All individual training dates are binding at the individually agreed times and locations. A postponement is only possible with the unanimous agreement of all participants and the respective trainers;
(2) The course fee is based on the current price list of Heinemann Solutions GmbH at the time of the conclusion of the contract. These can either be taken from the booking portal or requested by telephone. The full course fee is due upon enrolment. Unless expressly agreed otherwise, the participant will receive an invoice shortly after registration, which must be credited to Heinemann Solutions GmbH's bank account no later than 14 days before the start of the course. All invoices have a maximum payment term of 14 days;
(3) The course fees include course fees, training documents, examination fees and, if the examination is passed, corresponding proof in the form of a certificate and ID card. Costs for replacement certificates and ID cards resulting from incorrect information (including spelling mistakes) provided during registration shall be borne by the participant;
If necessary for the course, Heinemann Solutions GmbH will provide complete rental equipment free of charge for the duration of the course. This refers to special equipment for the respective training modules; in principle, participants must bring their own work clothing, safety shoes, safety helmet and work gloves;
(4) If the payment deadlines are exceeded, Heinemann Solutions GmbH shall be entitled to default interest in the amount of 5 percentage points above the respective applicable base interest rate of the EZV without further reminder. The right to claim further damages remains unaffected;
(5) As long as a course participant is in arrears with the course payment or with the proper return of rental equipment, the certificates or certificates obtained will not be handed over to the participant and a right of retention will be asserted.Heinemann Solutions GmbH reserves the right to exclude the participant from the course and to claim damages if payment is not made on time before the start of the course;
(6) Participants who take the course as part of a vocational training or further education programme are responsible for ensuring that they apply for any subsidies to which they may be entitled in good time and that the respective funding body receives all the documents it requires in good time. As a rule, the job centre or employment agency requires all documents no later than 7 days before the start of training. The participant is responsible for this process. If, for whatever reason, the participant does not receive the expected funding, this does not give him/her a separate right of cancellation vis-à-vis Heinemann Solutions GmbH and he/she is responsible for the payment obligations;
(7) Non-alcoholic drinks, coffee and tea are provided free of charge during the course. Lunch is included in the price for all courses lasting longer than 4 hours and compact courses. Lunch is not provided for individual bookings of modules lasting only 4 hours. Please let us know if any religious or personal dietary requirements need to be catered for.
(8) After successfully completing the course(s), the participant will be presented with a paper certificate and, for all courses in accordance with the GWO, the certificate and participation data will be uploaded to the WINDA (GWO) database if the required data (WINDA ID, for refresher training courses also the expiry date of the previous certificate) is available. In addition, the participant receives an entry in their security pass. If no security pass is available, we will be happy to issue one;
4. services not utilised
(1) The specified course dates are binding and must be adhered to by the participant. Fixed dates that are not attended - for whatever reason and also in case of illness of the participant - can only be made up for against an additional fee and after consultation and availability;
(2) The pro rata course costs will be charged again for additional units or units to be made up.
(3) The one-off or repeated non-billing of additional units of any kind whatsoever represents a purely goodwill act by Heinemann Solutions GmbH and does not imply any future claim by the Participant or any amendment to the contract;
(4) In the event of cancellation or non-attendance of the course by the participant - for whatever reason and also in the event of illness of the participant - the claim of Heinemann Solutions GmbH to the course price remains in full. Refunds or reductions of the course price are made purely as a gesture of goodwill by Heinemann Solutions GmbH and without any regulation for the future;
(5) In the event of cancellation of the course after registration, Heinemann Solutions GmbH will charge a flat-rate cancellation fee of 20 percent of the course price. However, Heinemann Solutions GmbH is at liberty to claim further damages.
(6) The primary and decisive goal of Heinemann Solutions GmbH is the achievement of the training objective for the participant, taking into account safety-relevant aspects and the respective legal provisions and regulations. Participants undertake to treat the classrooms, inventory, learning materials, loan materials etc. made available to them with care and to follow the instructions of the lecturers, trainers and instructors of Heinemann Solutions GmbH. The operating instructions and house rules of Heinemann Solutions GmbH are binding. Due to the brevity of the individual measures, the participant undertakes to attend the lessons regularly and in full. Should the course objective be jeopardised due to absences, the responsible training manager at Heinemann Solutions GmbH will hold a consultation with the participant and, if applicable, the responsible sponsor or employer. In this meeting, the possibilities for the participant to successfully complete the programme will be discussed. Unexcused absences can, depending on their extent, lead to the immediate exclusion of the participant from the training programme. This decision will be made by the responsible trainer/instructor in consultation with the Heinemann Solutions GmbH training manager. In the case of participants for whom the training programme is sponsored by a funding body, the responsible body will be informed of the facts of the case. If participants are excluded due to absences (excused or unexcused) or in the event of offences against the house rules or instructions of the trainers, the course fees will not be refunded and the participants are not entitled to a confirmation of participation or participation in a course at a later date;
5. general conditions of participation
(1) The lecturer is authorised to issue instructions to the participant for the duration of and within the scope of the course. The participant undertakes to follow the instructions of the lecturer or his/her assistant;
(2) The participant is in breach of contract if he/she persistently disrupts the course despite a warning, or if he/she behaves in a way that is significantly contrary to common decency, so that a smooth running of the course cannot be guaranteed. In this case, Heinemann Solutions GmbH reserves the right to exclude the participant from the course. In this case, the participant is not entitled to a refund of the course fee;
(3) During the course, the participant undertakes not to be under the influence of alcohol, medication or other narcotics that could impair his or her ability to react and physical condition. In the event of violations of this, the instructor is entitled to exclude the participant from further participation in the course. Heinemann Solutions GmbH's claim to the full course price shall then remain unaffected;
(4) In the event of recognisable health/psychological problems, the instructor is entitled to exclude the participant concerned from the course. The claim of Heinemann Solutions GmbH to the full course price then remains valid;
(5) The participant is responsible for ensuring that he fulfils all participation requirements of the respective course prior to the course. If he needs support in this regard, he can contact Heinemann Solutions GmbH before booking. If the participant does not fulfil all participation requirements at the start of the course, participation in the course is not possible. The course price will not be refunded;
(6) The minimum age for participation is 18 years. All modules require physical resilience due to practical exercises. The participant must not have any health restrictions, in particular cardiovascular diseases. The participant signs a medical self-disclosure form on the first day of training. Unless otherwise agreed, the seminar language is German, as long as only German-speaking staff are present at the training;
(7) The respective course is concluded with an examination or certification. The provider does not guarantee successful completion. If the course participant does not pass the examination offered, certification will not take place. A follow-up examination can be taken at the provider's premises for a fee. If the examination is not passed, there is no entitlement to a refund of the course and examination costs;
(8) The course content, the course titles and the course documents, in particular scripts and presentations, may only be reproduced or used for the organisation of events with written permission. Photographs or film recordings and their publication in print media, on the Internet (including social networks such as Facebook etc.) generally require the authorisation of Heinemann Solutions GmbH and the persons depicted/recorded. This applies equally to photographs or film recordings showing installations or fixtures of any kind in our training facilities. If recordings are made contrary to this agreement, the image or sound material shall become our property against reimbursement of the material costs. All rights to image and sound material are held by Heinemann Solutions GmbH. Heinemann Solutions GmbH reserves the right to take further legal action and to claim further damages;
6 rental equipment
(1) Heinemann Solutions GmbH shall provide the participant with rental equipment for the course free of charge, if necessary. Participation with own equipment is only possible by special arrangement. The agreed hire period is expressly limited to the course period;
(2) Before being handed over to the participant, the rental equipment will be checked for proper function and completeness and inspected by the participant and Heinemann Solutions GmbH. Upon receipt of the rental equipment, the participant recognises the perfect condition and functionality of the rental equipment. Subsequent complaints regarding the condition of the rental equipment are excluded;
(3) Upon receipt of the rental equipment, the participant is responsible for the proper use and care of the rental equipment. The use of the rental equipment is generally at the participant's own risk. Heinemann Solutions GmbH is liable to the extent and within the scope of the provisions set out in these GTC;
(4) The transfer of the equipment or individual parts to third parties is expressly prohibited;
(5) The participant is liable for ensuring that the rental equipment is returned to Heinemann Solutions GmbH after use in the same, proper and complete condition. The participant also undertakes to return the rental equipment to Heinemann Solutions GmbH in a clean condition;
(6) The rental equipment, including all accessories, shall remain the unrestricted and inalienable property of Heinemann Solutions GmbH for the entire rental period;
(7) The hirer is liable regardless of fault for any kind of damage caused to the hire equipment. He is also liable for accidental damage! The rental equipment is not insured. However, the hirer is free to take out insurance himself;
(8) If the rental equipment is returned to the lessor soiled, the lessor is entitled to charge the lessee for cleaning on an hourly basis. An amount of € 25 per 30 minutes or part thereof is agreed;
7. liability
(1) According to the statutory provisions, Heinemann Solutions GmbH is liable without limitation for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty as well as for other damages based on an intentional or grossly negligent breach of duty, fraudulent intent and a guarantee. In addition, Heinemann Solutions GmbH shall be liable without limitation for damages that are covered by liability under mandatory statutory provisions, such as the Product Liability Act;
(2) Heinemann Solutions GmbH is liable for damages caused by simple or slight negligence, insofar as this negligence concerns the breach of such contractual obligations, the fulfilment of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). The liability of Heinemann Solutions GmbH is limited to the foreseeable, contract-typical, direct average damage;
(3) In the event of simple or slightly negligent breaches of insignificant contractual obligations, Heinemann Solutions GmbH shall be liable to consumers, but limited to the foreseeable, contract-typical, direct average damage;
(4) Any further liability is - unless otherwise stipulated within these GTC - excluded;
8. data protection
(1) Personal data required for the implementation of the programme and for the issue of ID cards and certificates will be stored and processed within the framework of the contractual relationship. This data will not be passed on to third parties, except in the case of service partners (e.g. professional associations etc.) who require the participant's personal data for contract processing in the context of participation in examinations;
(2) Heinemann Solutions GmbH shall ensure that all applicable data protection regulations are complied with and that the participant's data is treated accordingly.Following the course, Heinemann Solutions GmbH will only continue to store the data to which it is obliged by law. After this period has also expired, Heinemann Solutions GmbH will delete the data completely;
(3) Heinemann Solutions GmbH reserves the right to send the participant information at regular intervals after the end of the programme by means of an "email newsletter" until further notice. This information contains, for example, updated safety-relevant information from manufacturers, trade associations or the employers' liability insurance association, job offers, course dates and reminders for upcoming refresher training. The participant can unsubscribe from this "email newsletter" at any time without giving reasons;
9. final provisions
(1) All prices are in EURO, unless otherwise stated;
(2) Price and performance details as well as other declarations or assurances are only binding for Heinemann Solutions GmbH if they have been submitted or confirmed by it in writing;
(3) The agreed prices shall only apply to the respective contract concluded;
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Elsfleth. The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed. The authorisation of Heinemann Solutions GmbH to also appeal to the court at another legal place of jurisdiction remains unaffected by this;
(5) The law of the Federal Republic of Germany shall apply. The Hague Conventions of 1 July 1964 concerning uniform laws on the international sale of goods and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
(6) In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn;
(7) Should a provision be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In such a case, the GTC shall be implemented in accordance with their meaning. If the invalidity is based on a performance or time provision, it shall be replaced by the legally permissible measure;
Status: December 2017