GENERAL TERMS AND CONDITIONS OF BUSINESS
I. GENERAL REMARKS
1.) The following terms and conditions apply exclusively to the lessons. With his or her signature, the contractual partner declares that he/she has been made aware of the general terms and conditions and that he/she agrees with them in their entirety.
2.) The contractual partner has to have unlimited legal capacity; in the case of underage pupils, the legal representative becomes the contractual partner.
3.) The registration is binding for the entire course of study upon signing this contract.
II. STUDY PERIODS
1.) The lessons take place at monthly weekend seminars on Saturdays and/or Sundays.
2.) The first seminar date will be fixed by Peembeck GmbH, further dates will be announced at the latest on the first weekend seminar. As a rule, exactly one weekend seminar per month takes place, the intervals between weekend seminars may vary in individual cases. The dates are subject to change.
3.) The participant is obliged to attend at least 90% of the total seminar time. If this minimum attendance obligation is not reached, a certificate of attendance will be issued, but it is not possible to take part in the final examination.
III. PERFORMANCE RECORDS
Participants will receive the examination regulations by the first seminar date at the latest. The examinations are conducted in accordance with the examination regulations:
1.) In each phase, certain proofs of performance are demanded from the participants. The complete submission of the performance records is a prerequisite for the award of the Professional Program Certificate at the end of the training.
2.) If a participant aims at the Professional Program Certificate but does not completely provide the required performance records during the time of the training, he/she can extend the training and continue it in a subsequent group. A fee of 500,- € is charged for each phase of extension.
Lecturers will be deployed according to their availability. There is no entitlement to specific lecturers.
V. TUITION FEES
1.) The obligation to pay the tuition fee arises upon signing the contract. Upon signing the contract, a processing and registration fee of 49,- € is also due.
2.) Should the statutory added value tax be increased, Peembeck GmbH may adjust the fees accordingly. A special right of termination shall not arise thereby.
3.) The participant’s obligation to pay shall continue to exist even if he/she has downtime.
4.) A fee of € 500,- € will be charged for each phase of extension (see also under “Performance Records”).
VI. LATE PAYMENT
In case of late payment by the contractual partner, the remaining instalments are due immediately.
1.) Claims for damages against Peembeck GmbH are excluded irrespectively of the legal grounds, unless Peembeck GmbH, its representatives or agents have acted with intent or gross negligence.
2.) Peembeck GmbH, its representatives or agents are further liable in the case of slight negligence for claims concerning damages arising from the breach of material obligations, i.e. for obligations whose fulfilment are essential for the proper performance of the contract and for the observance of obligations which the contractual partner regularly relies and may rely, for damages arising from injury to life, body or health, claims for fraudulently concealed defects, for guaranteed characteristics of quality or under the German Product Liability Act.
3.) Provided that Peembeck GmbH is liable on the merits, the claim for damages shall be limited to the foreseeable damage which is typical for the contract, unless the event causing the damage was caused by Peembeck GmbH, its representatives or its agents through gross negligence or with intent, or if life, body or health was injured, or if a defect was fraudulently concealed, or if Peembeck GmbH is liable on the account of guaranteed characteristics or under the Product Liability Act.
4.) The above exclusions and limitations of liability shall apply to the same extent in favor of the executive bodies, legal representatives, employees and other vicarious agents of Peembeck GmbH.
VIII. NOTES ON DATA PROCESSING
1.) Contact details of the body responsible for processing and the company data protection officer
This data protection notice applies to data handling by the school management of Peembeck GmbH in accordance with the information on the teaching contract under “School Management”.
The company data protection officer of the school management named therein can be contacted via the contact details listed under “School Management”.
2.) Collection and storage of personal data as well as type and purpose and their use
The collection of your data listed on the teaching contract is carried out
– to identify you as a student and contractor;
– to correspond with you;
– to bill you.
The data processing is carried out at your request and is required in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO for the purposes mentioned for appropriate processing and for the mutual fulfilment of obligations arising from the contract.
The personal data collected by us will be stored until the expiry of the statutory storage obligation (6 years after expiry of the calendar year in which the contract was terminated) and deleted thereafter, unless we are obliged to store the data for a longer period of time in accordance with Article 6 Paragraph 1 S. 1 lit. c DSGVO due to storage and documentation obligations under tax and commercial law (from the German Commercial Code, Penal Code or Tax Code) or you have consented to storage beyond this period in accordance with Article 6 Paragraph 1 S. 1 lit. a DSGVO.
3.) Transfer of data to third parties
Your personal data will not be transferred to third parties for purposes other than those listed below. We only pass on your personal data to third parties if:
– you have given your express consent in accordance with Art. 6 Para. 1 S. 1 lit. a DSGVO,
– the transfer regarding Art. 6 Para. 1 S 1 lit. f DSGVO is necessary for the assertion, exercise or defense of legal claims and there is no reason to assume that you have an overriding interest worthy of protection in not disclosing your data,
– for the case that there is a legal obligation for disclosure under Art. 6 para. 1 sentence 1 lit. c DSGVO, and
– this is legally permissible and, in accordance with Art. 6 Para. 1 S. 1 lit. b DSGVO, required for the processing of contractual relationships with you.
4.) Rights of data subjects
You have the right:
– in accordance with Art. 7 Para. 3 DSGVO – to revoke your consent to us at any time. As a result, we may no longer continue to process the data which was based on this consent in the future;
– in accordance with Art. 15 DSGVO- to request information about your personal data processed by us. In particular, you may request information on the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of rectification, erasure, restriction of processing or opposition, the existence of a right of appeal, the origin of your data, if not collected by us, as well as the existence of automated decision making including profiling and, if applicable, meaningful information on the details of such data;
– in accordance with Art. 16 DSGVO – to demand, without delay, the correction of incorrect or incomplete personal data stored by us;
– in accordance with Art. 17 DSGVO – to demand the deletion of your personal data stored with us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
– in accordance with Art. 18 DSGVO – to demand the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to delete it and we no longer require the data, but you require it for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing in accordance with Art. 21 DSGVO;
– in accordance with Art. 20 DSGVO – to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that it be transferred to another responsible party and – in accordance with Art. 77 DSGVO – to complain to a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our headquarters for this purpose.
5.) Right of objection
If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 S 1 lit. f DSGVO, you have the right, pursuant to Art. 21 DSGVO, to object to the processing of your personal data if there are reasons for doing so arising from your particular situation. If you wish to exercise your right of objection, simply send an e-mail to the e-mail address listed under “School Management”.
IX. CANCELLATION POLICY
When concluding a distance selling transaction, consumers generally have a statutory right of cancellation, about which the provider informs them below in accordance with the statutory model.
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of the formation of the contract.
To exercise your right of cancellation, you must inform us by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of Revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed with you otherwise; you will not be charged any fees because of this repayment.
If you have requested that the services begin during the cancellation period, you shall pay us the reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notified us regarding the exercise of your right of cancellation. This has to be in comparison to the total scope of the services provided for in the contract.
The opportunity to participate in the Professional Program acquired with the contract for the Professional Program is not transferable to third parties. A transfer of the entire contract to a third party is only possible with the prior written consent of Peembeck GmbH.
XI. FINAL PROVISIONS
1.) Oral collateral agreements do not exist. Amendments and supplements to the contract and the General Terms and Conditions must be made in writing.
2.) Should one of the above provisions be or become ineffective, the validity of the other provisions shall remain unaffected.