1.1 These General Terms and Conditions (hereinafter “GTC”) of Benjamin Lowens, trading as “Lowenssport” (hereinafter “Organizer”), apply to all contracts for participation in courses / seminars (hereinafter “Event”) that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Organizer with regard to the Events presented on the Organizer’s website.
The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2.1 The Organizer only offers face-to-face events.
The content of the event can be found in the respective course description on the organizer’s website.
2.2 In the case of face-to-face events, the Organizer shall provide its services exclusively in personal contact with the Customer and in premises selected by the Customer for this purpose.
Unless otherwise stated in the organizer’s course description, the customer is not entitled to select a specific venue for the desired event.
2.3 The Organizer shall provide its services using qualified personnel selected by it.
The organizer may also make use of the services of third parties (subcontractors) who work on its behalf.
Unless otherwise stated in the organizer’s course description, the customer is not entitled to select a specific person to carry out the desired event.
2.4 The Organizer shall provide its services with the utmost care and to the best of its knowledge and belief.
However, the organizer does not guarantee a specific outcome.
In particular, the organizer does not guarantee that the customer will achieve a specific learning outcome or that the customer will achieve a specific performance target.
This depends not least on the personal commitment and will of the customer, over which the organizer has no influence.
3.1 The events described on the Organizer’s website do not constitute binding offers on the part of the Organizer, but are intended for the submission of a binding offer by the Customer.
3.2 The customer can submit their offer via the online registration form provided on the organizer’s website.
After entering their data in the registration form, the customer submits a legally binding contractual offer in relation to the selected event by clicking the button that concludes the registration process.
Furthermore, the customer can also submit the offer to the organizer by telephone, e-mail or post.
3.3 The organizer may accept the customer’s offer within five days,
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first.
The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer.
If the organizer does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
The same applies in the event that the event selected by the customer begins before the expiry of the acceptance period and the organizer does not accept the customer’s offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.
3.4 When registering via the Organizer’s website, the text of the contract shall be saved by the Organizer after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent.
The organizer will not make the text of the contract available beyond this.
3.5 Before submitting a binding offer via the organizer’s online registration form, the customer can correct his entries at any time using the usual keyboard and mouse functions.
3.6 The German language is available for the conclusion of the contract.
3.7 If the customer registers further participants for an event, he undertakes to also be responsible for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration at the time of registration.
According to § 312g para.
2 No. 9 of the German Civil Code (BGB) does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services.
5.1 Unless otherwise stated in the Organizer’s offer, the prices quoted are total prices that include statutory VAT.
5.2 Costs for travel, accommodation and meals for face-to-face events are not included in the price and are to be borne by the customer, unless otherwise stated in the organizer’s course description.
5.3 The payment options are communicated to the customer on the organizer’s website.
5.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.6 If the “SOFORT” payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”).
In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, legitimize himself accordingly during the payment process and confirm the payment instruction to “SOFORT”.
The payment transaction is then immediately carried out by “SOFORT” and the customer’s bank account is debited.
The customer can find more information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
6.1 Only the person named in the registration confirmation is entitled to participate.
A transfer of the contract to a third party is only possible with the consent of the organizer.
6.2 If a third party enters into the contract between the customer and the organizer, he and the customer shall be jointly and severally liable to the organizer for the participation fee and any additional costs incurred by the entry of the third party.
7.1 The Organizer may specify a minimum number of participants for its courses.
If a minimum number of participants is specified, the organizer shall expressly indicate this in the course description.
7.2 If the minimum number of participants is not reached, the organizer may withdraw from the contract by giving notice to the customer no later than seven days before the start of the course.
The organizer shall send the customer his declaration of withdrawal immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course.
7.3 If the Organizer exercises its right of withdrawal in accordance with the above clause, the Customer may demand participation in another event of at least equal value if the Organizer is able to offer such an event from its range at no extra cost to the Customer.
The customer must assert his request to the organizer immediately upon receipt of the organizer’s declaration.
7.4 If the customer does not exercise his right in accordance with the above paragraph, the organizer will immediately refund any participation fee already paid to the customer.
8.1 The Organizer reserves the right to change the time, location, course instructor and/or content of the event, provided that the change is reasonable for the Customer, taking into account the interests of the Organizer.
Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the organizer in bad faith are reasonable.
The organizer shall inform the customer in good time of any changes to the time, location, instructor and/or content of the event.
8.2 In the event of a significant change in performance, the customer may withdraw from the contract free of charge or instead demand participation in another event of at least equal value if the organizer is in a position to offer such an event from its range at no extra cost to the customer.
8.3 The customer must assert the rights in accordance with the above paragraph immediately after informing the organizer of the change in service.
8.4 The organizer is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid.
If the event is canceled, the organizer will endeavor to find an alternative date.
9.1 The right of the organizer and the customer to terminate the contract for good cause remains unaffected.
Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
9.2 Cancellations can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation facility provided by the organizer on its website (cancellation button).
10.1 The Organizer is the owner of all rights of use required to hold the event.
This also applies with regard to teaching materials that may be provided to the customer in connection with the event.
10.2 The customer may only use the content of the event, including any teaching materials provided, to the extent required by the purpose of the contract as agreed by both parties.
In particular, the customer is not entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the separate permission of the organizer.
The organizer is liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
11.1 The organizer is liable without limitation for any legal reason
11.2 If the organizer negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause.
Essential contractual obligations are obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
11.3 Any further liability of the organizer is excluded.
11.4 The above liability regulations also apply with regard to the liability of the organizer for its vicarious agents and legal representatives.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
In the case of consumers, 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.
13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The Organizer is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
