1.1 The following Terms and Conditions form the basis for all transactions/contracts with P1, including those in the future. These Terms and Conditions also apply even where no expressed reference is made to them during the course of a business relationship.
1.2 P1 organises open seminars and so-called “in-house seminars”. In-house seminars mean seminars within the company that are organised by P1 employees in rooms made available by the contract partner, for instance, events for the training of social skills, leadership training, etc.
1.3 Terms and conditions of the contract partner of P1 are not applicable to the extent that they conflict with these Terms and Conditions. Such terms and conditions are hereby expressly rejected.
1.4 Supplementary terms and conditions may be agreed to on a case-by-case basis as a component of a specific contract. Individual contractual agreements between the parties always take precedence over these General Terms and Conditions (section 305b of the German Civil Code, Bürgerliches Gesetzbuch, BGB), irrespective of the form in which they were made. For evidentiary purposes, arrangements deviating from these General Terms and Conditions should be confirmed by P1 in writing or in text form (section 126b BGB); such confirmation is not, however, a precondition for the validity of the arrangement.
1.5 For contracts that are merely brokered by P1 but directly performed and billed by another company, the general terms and conditions of such other company are applicable.
2.1 Contracts concluded between P1 and its contract partners come into effect as follows: If a contract partner announces its interest in conducting a seminar of this sort, then P1 will make it a corresponding written offer. P1 is bound by such offer for a total of three months. The three-month period begins to run on the date of the offer.
2.2 Oral engagements of P1 by the contract partner, other understandings and side agreements, as well as subsequent contract amendments will, where possible, be confirmed by P1 in writing or in text form. They are effective even without such confirmation if and to the extent that the services underlying such arrangements are or were actually rendered by P1; in that case, the scope of services is determined by the services actually rendered.
2.3 Descriptions of services by P1 in brochures, etc. are non-binding.
2.4 Where an important reason exists, P1 is entitled to unilaterally make minor modifications to the scope of performance, provided that the overall character of the seminar, i.e. its essential content and structure, is not changed and, moreover, that the contract partner can reasonably be expected to accept the change. Minor changes are considered to be, in particular, a change of trainer where the original trainer is unavailable due to, e.g. illness, or a change in the sequence of seminar content or modification thereof to meet the process in a training session. Changes within the meaning of this No. 2.4 do not entitle the contract partner to exercise warranty rights.
2.5 Each of the contracting parties may request from the other contract partner a material change to the agreed scope of services. This must be done in writing or in text form. Upon receipt of a change request, the receiving party must examine whether and under what conditions the desired contract amendment can be carried out and promptly notify the requesting party in writing of its approval or rejection, where applicable, with its reasons for same.
3.1 The choice/stipulation of the manner in which seminars are conducted and of the working materials and methods used rests solely, in connection with concluded contracts, with the P1 employees.
3.2 P1 owes only the imparting of the learning material. Learning success is not owed.
4.1 P1 invoices are due immediately upon receipt and payable without deduction.
4.2 The contract partner is obligated to separately compensate billed partial services that are capable of invoicing. In addition, under long-term contracts, P1 is entitled to demand instalment payments that are reasonably related to work already performed.
4.3 If an invoiced amount is not settled within 30 days, calculated from the date of invoice, the contract partner is thereupon in default, unless the contract partner is a consumer and the invoice did not already separately draw attention to the consequences of default; in that case, the statutory rules apply (section 286 BGB). Starting on the 31st day, calculated from the date of invoice, P1 is entitled to charge default interest in the amount of nine percentage points above the applicable base interest rate, provided that the client is an entrepreneur within the meaning of section 14 BGB (section 288 (2) BGB); where the client is a consumer, default interest amounts to five percentage points above the base interest rate (section 288 (1) BGB). Where the client is not a consumer, P1 may additionally demand the lump sum under section 288 (5) BGB (currently EUR 40). The assertion of further damages from default remains reserved.
4.4 Payment instructions, cheques, and bills of exchange will be accepted only pursuant to special agreement and only subject to collection, with all collection and discount expenses being charged.
4.5 In general, payments are free of charges for P1. This also applies to payments from other countries, including where a transaction fee is charged. The costs of payment transactions are always for the account of the party owing the payment.
4.6 All seminar fees are net of the value-added tax applicable at the time of performance. If the value-added tax rate changes during the contract period, the periods with the respective value-added tax rates are deemed separately agreed to.
4.7 Assignments by the contract partner of claims directed against P1 require the express written consent of P1 in order to be effective; this does not apply to the extent that section 354a of the German Commercial Code (Handelsgesetzbuch, HGB) or other mandatory statutory provisions preclude the effectiveness of a prohibition of assignment. A set-off against P1 claims is permissible only with claims that are uncontested or that have been reduced to a legally enforceable judgment. The same applies to counterclaims that establish a right to deny performance under sections 273 and 320 BGB.
5.1 Contracts may be rescinded only in writing. If rescission occurs up to six weeks prior to the event, P1 will not charge the contract partner any rescission fees. In the event of rescission up to three weeks prior to the event, the contract partner is entitled one time to designate a substitute date, failing which P1 is entitled to bill the contract partner 25 % of the agreed event fee. If rescission is declared during a period of less than three weeks prior to the start of the event, P1 will charge the contract partner 50 % of the agreed event fee. In the event of rescission shorter than four working days prior to the start of the event, P1 will charge the contract partner the full agreed event fee (100 %). If a contract partner does not make use of the service, or does so only in part, there is no claim to reimbursement for the unused portion. The costs for outside services (costs for travel, lodging, and meals, training materials, taxi fares, bus transfers) are generally for the account of the contract partner.
5.2 In calculating the periods set forth under No. 5.1, the date on which P1 receives the written declaration of rescission is decisive. The right of P1 to assert greater expenses and/or damages remains expressly reserved. With respect to the lump sums designated under No. 5.1, the contract partner remains entitled to prove that P1 suffered lower damages and/or expenses.
5.3 P1 is entitled to rescind the contract where an important reason exists. An important reason is considered to exist where the trainer/consultant is prevented by illness from holding the seminar and a suitable substitute for him or her is unable to be procured, or where the seminar cannot take place due to force majeure and/or other unforeseeable events. In such case, P1 is entitled to offer substitute dates. An important reason likewise exists where the contract partner damages the reputation of P1 through its conduct.
5.4 Where the training session does not take place due to trainer illness, force majeure, or other unforeseeable events, there is no claim to performance of the seminar. There is no claim to compensation of travel and lodging costs or to lost work time of the participants.
6.1 Each of the contracting parties must treat the other contract partner’s material affairs, as well as those that are not publicly known, with the degree of confidence customary in business. However, each of the contract partners may freely use ideas, concepts, know-how, and techniques that relate to personnel and organisational development.
6.2 P1 processes personal data of the contract partner and of participants exclusively in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), each as amended from time to time. Processing takes place for the performance and administration of the contract (Art. 6 (1) (b) GDPR), for compliance with legal obligations (Art. 6 (1) (c) GDPR) and, to the extent necessary, on the basis of legitimate interests (Art. 6 (1) (f) GDPR). Further details on the purposes, legal bases, storage periods, and the rights of data subjects (including access, rectification, erasure, and objection) are set out in P1’s privacy notice, which is provided separately.
6.3 Where P1 processes personal data on behalf of the contract partner within the meaning of Art. 28 GDPR, the parties will conclude a separate data processing agreement prior to the commencement of processing. Personal data is disclosed to third parties only to the extent that this is necessary for the performance of the contract, is required by law, or the respective other contract partner has consented.
7.1 Workbooks, documentation, etc. used in connection with seminars are subject to the protection of copyright law. These are protected as the personal intellectual creation of P1 by the German Copyright Act (Urheberrechtsgesetz), whose arrangements are agreed as being applicable even where the level of creativity required under section 2 of the Copyright Act is not reached.
7.2 The contract partner undertakes to use the aforementioned documentation only in connection with mutual projects and to refrain from disclosing it to third parties. Any plagiarism, including in part, is impermissible.
7.3 In the event of breaches by the contract partner/participant of contractual and/or statutory rules that protect the rights of P1, particularly copyrights, P1 has claims against the contract partner to information and injunctive relief. In addition, the contract partner is liable to P1 for the damages resulting from this.
P1 seminars are based on well-founded scientific foundation, not on ideology or the cult of a sect. For this reason, we firmly distance ourselves from organisations such as Scientology and the like and reject all collaboration with these and similar organisations, as well as with companies closely related to them. We declare that our company does not work according to a method (“technology”) of L. Ron Hubbard (e.g. the “technology” for managing a company) and/or with one of the methods associated with Hubbard but instead fully rejects them. We repudiate corresponding advertisements for training sessions, courses, or seminars that are based on a method of L. Ron Hubbard or on these “technologies” and prohibit any dissemination whatsoever in our company. We do not organise any training sessions, courses, or seminars in accordance with the aforementioned “technologies” and do not induce anyone to organise or attend same. We do not maintain any business relationships with persons, companies, or organisations that push the introduction of the methods (“technologies”) of L. Ron Hubbard or support the dissemination of said methods (“technologies”). Furthermore, we deliberately do not support companies and/or corporate groups that themselves are managed or influenced by the methods (“technologies”) of L. Ron Hubbard. The information set forth in No. 8 was filed as a sworn affidavit with the Diocese of Fulda, Office for Issues Concerning Sects and World Views.
9.1 The contract partner is obligated to promptly notify P1 employees prior to the start of work about special impediments to work, etc. that are known to it or should be known to it.
9.2 The contract partner is obligated to independently ensure that, in its view, unimpeded/unrestricted participation in the seminars and events can take place.
9.3 In the event that seminars are conducted in-house, the contract partner undertakes to provide P1 employees with unimpeded access to the business premises/seminar rooms and to arrange for the requisite equipment.
9.4 If the contract partner fails to satisfy the duties to cooperate and provide information dealt with in this section and this causes delays in the course of contract performance, the contract partner is liable for the damages incurred as a result of breach of the duties to cooperate and provide information. In the event that the contract partner breaches the aforementioned duties to cooperate and provide information, it also undertakes to indemnify P1 against third-party claims, provided that the occurrence of damage is attributable to a breach of the contract partner’s duties to cooperate and provide information.
10.1 Seminars/events are diligently prepared and conducted by P1 based on the current state of knowledge.
10.2 P1 assumes no liability for whether individual participants can actually exploit the knowledge acquired and the suggestions received for themselves specifically in accordance with their personal perceptions. That is, P1 is not liable for a specific success, in particular, not for one that the contract partner/participant set for itself, himself, or herself.
10.3 The contract partner must verify whether the participants feel up to the requirements of the seminar. P1 is not liable for detriments to the contract partner/participant that result from the fact that the seminar prerequisites are not present in the person of the participant. The contract partner/participant is liable for damages that result from incorrect information culpably provided by it.
10.4 Provided that they are obvious, notification of defects and warranty claims must be promptly lodged with or asserted against P1 employees in writing while the seminar/event is ongoing. In the event of failure to provide such notification of defects, the contract partner/participant is precluded with all claims concerning the warranty. Defects that are not obvious must be reported to P1 within one year. In the event of failure to provide such notification of defects, the client is precluded with all warranty claims concerning defects that are not obvious.
10.5 For defects that have been validly objected to, P1’s warranty consists of, at its option, repair or replacement. The contract partner must set a reasonable deadline for P1 to eliminate/remedy the defect.
10.6 P1 is liable without limitation for wilful misconduct and gross negligence as well as pursuant to the German Product Liability Act (Produkthaftungsgesetz). For damages arising from injury to life, body, or health, P1 is also liable without limitation in cases of simple negligence. In cases of simple negligence, P1 is furthermore liable for the breach of material contractual duties (cardinal duties), that is, duties whose fulfilment makes the proper performance of the contract possible in the first place and on the observance of which the contract partner may regularly rely; in such case, liability is limited in amount to the foreseeable damage typical for this type of contract at the time the contract was concluded. In all other respects, liability for simple negligence is excluded. The foregoing limitations of liability also apply for the benefit of the persons used by P1 to perform its obligations.
10.7 Claims of the contract partner on account of material defects are prescribed after one year from the statutory commencement of the limitation period. This does not apply to claims for damages on account of wilful misconduct or gross negligence, on account of injury to life, body, or health, or to claims under the Product Liability Act; in these respects, the statutory limitation periods apply.
11.1 The place of performance for all current and future claims arising out of the business association is the place of jurisdiction. Bielefeld is the place of jurisdiction for all disputes arising between the contracting parties, provided that the contract partner is a merchant, a legal person under public law, or a special fund under public law. However, P1 is also entitled to bring suit at the registered office of the contract partner.
11.2 The ineffectiveness of one or more provisions does not affect the validity of the remaining provisions. If these Terms and Conditions contain ineffective provisions, they are to be replaced by permissible ones that ensure the contract purpose and the economic success intended by P1. In the alternative, statutory provisions are to be applied.
This English version is a translation provided for information purposes. In the event of discrepancies, the German version of these General Terms and Conditions shall prevail.
