The following General Terms and Conditions (GTC) apply to all services provided by Krisenwerk GmbH. These GTC form an integral part of every agreement concluded between the contracting parties, unless deviations are expressly agreed upon in individual cases. They also apply to all future business relationships with the customer without the need for explicit reference. Deviating terms and conditions of the customer as well as amendments and supplements to these GTC shall only be valid if they have been acknowledged in writing by Krisenwerk GmbH.
The order is concluded upon the customer’s written confirmation of an offer/order. The subject matter of the order is the agreed service, not a specific economic success. The order shall be executed in accordance with the principles of proper professional practice. Krisenwerk GmbH is entitled, with the consent of the client, to engage qualified third parties to fulfill the order.
All reports, drafts, concepts, ideas, works, etc. created by Krisenwerk GmbH are protected by copyright within the meaning of § 2 of the German Copyright Act (UrhG), even if they do not meet the requirements of § 2 UrhG. Therefore, all services provided by Krisenwerk GmbH may not be used or edited beyond the contractual purpose without consent. In the event of a transfer of rights, the scope thereof in terms of territory, time, and content shall be governed exclusively by the contractual agreements or the contractual purpose; § 31 para. 5 UrhG shall apply accordingly. The rights and ownership of the work results of Krisenwerk GmbH shall only be transferred to the client upon full payment of the total order amount.
Remuneration is the fee agreed between the contracting parties (honorarium, travel expenses, other expenses). All expenses associated with the execution of the order (travel expenses, other expenses) shall be borne by the customer insofar as they are necessary and reasonable for the execution of the order. Travel expenses shall be charged based on actual costs incurred. Flight costs shall be calculated on the basis of business class for all destinations. Train costs shall be calculated on the basis of first class and car travel at a rate of EUR 0.38 per kilometer driven, in each case plus statutory VAT. Travel times of one hour for a one-way trip are included in the agreed fee. Any additional travel time remuneration shall be agreed separately. The agreed prices are exclusive of statutory VAT. Invoices are payable immediately upon receipt without deduction, unless otherwise agreed individually (in writing). Set-off against counterclaims or the assertion of a right of retention is only permissible if the customer’s claims are undisputed, acknowledged by Krisenwerk GmbH, or have been legally established. Furthermore, the customer is only entitled to exercise a right of retention insofar as the counterclaim arises from the same contractual relationship.
Third-party and ancillary costs shall be reimbursed to Krisenwerk GmbH separately upon proof, unless a (flat-rate) agreement has been made (see § 4 Remuneration and Payment Terms). Krisenwerk GmbH is entitled to commission third parties to provide third-party services required for the fulfillment of the order.
Krisenwerk GmbH may terminate the contract without notice if a participant persistently disrupts the execution of the event despite warnings from the management of Krisenwerk GmbH, or if the participant behaves in such a manner that immediate termination of the contract is justified. If Krisenwerk GmbH terminates the contract, it retains the right to the event fee; however, the value of saved expenses and alternative use of services not utilized shall be credited. If a performance date cannot be met by Krisenwerk GmbH due to force majeure, illness, accident, or other circumstances beyond the control of Krisenwerk GmbH, Krisenwerk GmbH shall be entitled, excluding any claims for damages, to make up the services at a newly agreed date. The placing of an order by the customer within the meaning of § 2 is generally binding. If the customer cannot keep a firmly agreed date or is in default of acceptance of the services, the customer is granted the right to cancel the contract prior to the provision of the agreed services. The cancellation must be made in writing. The right to cancel the order applies subject to the condition that the customer’s obligation to pay remuneration to Krisenwerk GmbH remains in effect in accordance with the following provisions, unless otherwise agreed in the contract for the individual case:
Krisenwerk GmbH undertakes to inform the client of possible competitive conflicts with other companies and, upon request, grants an exclusion of competition for specific service areas to be defined individually in favor of Krisenwerk GmbH.
Krisenwerk GmbH undertakes to maintain confidentiality regarding all confidential facts, in particular trade and business secrets as well as personal facts, which become known to it in the course of executing the contract.
This shall not apply if the customer, in agreement with the client (in the case of a triangular coaching contract), has expressly released Krisenwerk GmbH from the obligation of confidentiality in individual cases.
Krisenwerk GmbH obliges its employees to maintain confidentiality. Krisenwerk GmbH may include the customer’s name in a reference list and publish it. All other advertising references to the customer require prior consent.
Krisenwerk GmbH reserves the right to use image material recorded during the event for its own purposes (e.g. catalog printing, website, or similar). If individuals are recognizable, the consent of the respective person(s) is required.
In the event of damage caused by gross negligence or intent, Krisenwerk GmbH shall only be liable up to the amount of the order value. A damage event is understood to be the sum of all claims of all entitled parties arising from a single service. Krisenwerk GmbH shall not be liable for unforeseeable damages caused by slight negligence that are atypical for the contract. If the customer desires higher insurance coverage through a liability insurer, the customer must indicate this. In this case, the customer shall bear the costs of the higher insurance, provided such insurance can be obtained. The examination of legal issues, in particular from the areas of copyright, competition, and trademark law, is not the responsibility of Krisenwerk GmbH. Krisenwerk GmbH therefore does not assume liability for the legal permissibility of the content and/or design of the work results. If Krisenwerk GmbH is claimed against by third parties due to the design and/or content of the work results for injunctive relief or damages, the client shall indemnify Krisenwerk GmbH from liability. Liability for culpable injury to life, body, or health remains unaffected; this also applies to any mandatory liability under other statutory provisions. Unless otherwise stipulated above, liability of Krisenwerk GmbH is excluded.
Claims for damages by the customer against Krisenwerk GmbH must be notified to Krisenwerk GmbH in writing within two months after completion of the order. If the customer fails to comply with this obligation, claims arising from possible defective performance by Krisenwerk GmbH cannot be asserted. Any claims for damages against Krisenwerk GmbH shall become time-barred at the latest six months after the claim arises.
The customer undertakes to provide Krisenwerk GmbH with all necessary support free of charge, in particular to provide the information required for the execution of the contract in good time and to create all prerequisites necessary for proper execution of the contract within the customer’s sphere of operation. Furthermore, at the request of Krisenwerk GmbH, the customer shall ensure appropriate working conditions at the place of performance and shall inform Krisenwerk GmbH, without special request, of all documents, processes, and circumstances that may be of significance for the execution of the contract.
The customer further undertakes to cooperate, within the framework of statutory provisions, in the event of performance disruptions, to avoid or minimize any damage. In particular, the customer is obliged to notify Krisenwerk GmbH immediately on site of any complaints. Krisenwerk GmbH will remedy the situation where possible. If the customer culpably fails to report a defect, no claim for reduction shall arise.
Outdoor training is not free of risks. However, the trainers of Krisenwerk GmbH have the appropriate training and experience to reduce risks to an acceptable minimum. A safety briefing on the equipment used during training and its handling is provided before the start of each event. The trainers of Krisenwerk GmbH are authorized to issue instructions to participants and are entitled to restrict or cancel outdoor training in the event of danger to life or limb. Participation in training or further education at Krisenwerk GmbH is generally at the participant’s own risk and responsibility. Furthermore, each participant waives the assertion of claims for damages of any kind due to negligence of the trainers, insofar as the corresponding damage is not covered by existing liability insurance.
Participants in events organized by Krisenwerk GmbH are obliged to inform the trainers before the start of any health problems and/or illnesses (e.g. cardiovascular diseases, diabetes, asthma, phobias [fear of heights, spiders], or depression). In cases of doubt, consultation with a physician is required, which lies solely within the responsibility of the participant. In the event of apparently recognizable health problems, Krisenwerk GmbH is entitled to exclude the participant concerned from the event. Furthermore, participants are obliged to refrain during training periods from consuming any intoxicating substances that impair reaction or concentration. In the event of violations, Krisenwerk GmbH is entitled to terminate the participant without notice in accordance with § 6 para. 1. In addition, participants are obliged to cooperate, within the framework of statutory provisions, in the event of performance disruptions, to avoid or minimize any damage. In particular, the participant is obliged to notify the trainers of Krisenwerk GmbH immediately of any complaints. They are authorized to provide remedies where possible. If the participant culpably fails to report a defect, no claim for reduction shall arise.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of an invalid provision, a legally valid provision shall be deemed agreed which comes closest to the invalid provision in its economic and intended effect.
Krisenwerk GmbH
Am Stadtrand 54
22047 Hamburg
Germany
