These conditions of participation apply to all courses,
examinations and other events that are carried out by GSI mbH
in their educational institutions. They apply both to consumers
in the sense of § 13 BGB and for entrepreneurs within the
meaning of § 14 BGB.
Prerequisite for Participation
Fundamentally, the courses of GSI mbH are open to everyone,
provided that the participant fulfills the personal requirements
applicable to the respective course.
Admission to the examination may be subject to special
admission requirements which must be met in person by the
participant if he or she intends to undertake an examination.
Participation in a course does not justify the right to undertake
the exam.
Registration
Registration for courses and examinations are required at least
in writing and can be made on the Internet at www.gsi-slv.de or
by using a registration form, which can be obtained from GSI
mbH.
Registrations are considered as binding offers of contract.
If the test is carried out by an external testing organization,
another application is required. The necessary documents will
be provided at latest by the beginning of the course.
The contracting party (hereinafter also referred to as the
"orderer") of GSI mbH becomes the company registering the
participant (s) and / or the self-pending private person
registering as a participant.
Contract
With the confirmation of the registration by GSI mbH the
contract with the customer comes Iinto effect. Registration
confirmation is at the very least in writing.
Terms of Payment
For each participant an individual invoice is created. For
participants who are not themselves ordering or who are being
trained at the expense of another third party, the invoice will be
sent to the purchaser or other third party. Regardless of the
assumption of costs by third parties, the purchaser remains the
contractual partner of the agreed service.
Cash payments are deemed to have been received when they
have been confirmed by GSI mbH with signature and stamp.
The course or examination fees are to be paid by the beginning
of the course or examination.
In the case of courses lasting more than three months, the
course fees or examination fees may even then be paid up
until the start of the course or examination.
At least, however, three-monthly installments, each in advance
has to be paid. The first installment is due at the beginning of
the course or examination.
The installment amounts in each case to part of the total
course price, which is relative to the probable course duration
and is allotted to a period of time for which the installment is to
be paid.
The purchaser is entitled to name a substitute participant at no
additional cost, provided that he meets the personal
requirements for the respective course and examination.
Irrespective of this, the purchaser as the contracting party
remains the debtor of the agreed service.
For cancellations up to two weeks before the start of the course
/ exam, a fee of € 30.00 will be charged. If you cancel within 14
to 8 days before the beginning of the course / exam, 25% of the
course / examination fee will be charged. If you cancel within 7
days before the beginning of the course / exam, you will be
charged 50% of the course / exam price. In case of nonattendance, the full
course / examination fees will be charged.
Interruption or termination of participation in a course or
examination does not release one from the obligation to pay
the course / examination fees.
In the case of special training, the full daily rates are charged
for started days of training and the full examination rates for
examinations.
If the participant has been legally registered for several
consecutive courses, in the case of proven non-culpable and
final participation prevention (for example due to illness or
accident) the prices for courses or parts of courses already
started shall be paid up to the date of participation in the
course.
If the purchaser furnishes proof that GSI mbH did not incur any
economic disadvantage or that the economic disadvantage of
GSI is lower than the flat-rate amount according to 6.2 or 6.3,
GSI mbH has no or only one payment claim in amount of
proven economic disadvantage.
Both the naming of a substitute participant and the cancellation
is required at the very least in writing (eg e-mail or fax).
The statutory right of withdrawal for consumers as well as the
right to extraordinary termination for cause remains unaffected
in the above provisions in 6.1. to 6.5. .
Examination Acceptance/Certification
GSI mbH is entitled to have all examinations and certifications
performed by an external testing and certification organization
(eg DVS-PersZert, TÜV Nord, Frosio).
Loss of Lesson Hours
If GSI mbH is prevented from holding individual lessons due to
events for which it is not responsible, there is no claim to their
recovery, nor shall this entitle it to reduce the price or withdraw
from the contract. The right to extraordinary dismissal for good
cause remains unaffected.
For further claims, GSI mbH shall be liable in accordance with
the provisions of 11.2. otherwise, liability is excluded.
Organizational Changes/Cancellation
Organizational changes (for example change of speakers,
changes in the schedule, relocation of the venue) are expressly
reserved insofar as the overall character of the course is
maintained (also referred to as reasonable alterations below).
If there is an important reason, in particular if the number of
participants is too low, if there are no speakers or force
majeure, GSI mbH is entitled to cancel courses or
examinations.
GSI mbH will promptly announce reasonable changes or
cancellations.
Reasonable changes are neither entitled to a price reduction
nor to withdrawal from the contract. The right to extraordinary
termination for good cause remains unaffected.
In case of cancellation, the already paid course / examination
fees will be refunded immediately. For further claims, GSI mbH
shall be liable in accordance with the provisions of 11.2.
otherwise, liability is excluded.
Workshop Rules/Protective Equipment
The participant must follow the workshop regulations of the
educational institution as well as the instructions of the training
staff and the examination board.
If the participation in the course / examination requires the
wearing of suitable protective equipment, this must be brought
by the participant.
In the case of culpable, multiple or more serious breaches of
duties from 10.1. and 10.2. the participant can be excluded
from further participation in the course or exam. An exclusion
from further participation in the course or exam does not
exempt the customer from the obligation to pay the course /
examination fees.
Insurance/Liability
The participant is insured during the training within the legal
regulations against accidents.
GSI mbH shall be liable for damages or futile expenses of the
purchaser as well as for damages or wasted expenditure of
the participant, irrespective of the legal grounds, in the case
of fault liability only in cases of intent and gross negligence,
but not in case of simple negligence.
In the event of injury to life, limb or health, GSI mbH is liable,
even in the case of ordinary negligence, subject to a lower
liability according to the statutory provisions (for example, due
diligence in its own affairs).
If essential contractual obligations are violated, GSI mbH is
also liable in case of simple negligence. In this case, the
damages of the purchaser and / or the participant to the typical
contract , foreseeable damage is limited, as far as the GSI
mbH is not liable for injury to life, limb or health. Substantial
are such contractual obligations, the fulfillment of which
makes the proper execution of the contract possible in the first
place and compliance with which may be regularly trusted.
Moreover, liability is excluded.
If the purchaser himself is not a participant, he or she has a
debt of the participant to the same extent as his or her own
culpability. The customer is also liable for intentional behavior
of the participant.
Handing out of Testimonies and Certificates
Course certificates, test certificates and testimonies remain
the property of GSI mbH until full payment and are only
handed over to the purchaser and / or participant after
payment of the invoice.
Public Granted Participants (eg AZAV grant)
Participants who have received a public grant or have applied
for it (eg from the Employment Agency or the job center)
receive detailed information and intensive advice on the
contents and objectives of the course as well as the type of
completion of each module.
Notwithstanding 5.1. applies:
For participants receiving a public grant, the costs will be billed
directly between GSI mbH and the public sponsor (eg the
employment agency or the job center).
Notwithstanding 6.2. and 6.3. applies:
For participants who receive a public grant and are entitled to
a free cancellation up until the beginning of the course / exam.
Participants who receive public funding can terminate their
course participation at any time for good cause (elimination of
funding or demonstrably starting work) without incurring any
cost.
Notwithstanding 10.2. applies:
Participants who receive public grant are not required to bring
personal and appropriate protective equipment.
Copyright and Terms of Use
The course documentation, software and other course
materials provided by GSI mbH are protected by copyright
and may only be used for personal use.
In the event that the course documents are included on a
Tablet PC received for the course, before passing on the
Tablet PC to third parties, the details of the respective license
agreement must be observed, which is part of the course
documents or software.
Audio and video recordings are not permitted during training
sessions, exams and other events and may lead to exclusion
from the course or event.
Computer Use
Access data for training computers may not be disclosed to
third parties or made available to third parties.
The participant is obliged to use the software only for training
purposes, not to reproduce, to modify or to pass it on to third
parties or to make it usable for third parties. Furthermore, the participant
is not entitled to carry out
configurations of hardware and software as well as
installations of third-party software and external data on the
training computer without the consent of the instructor.
Copyrights are to be observed.
Internet-/WLAN-use
The participant may not use the Internet on training
computers for non-training purposes. Non-training purposes
include, in particular, accessing or downloading pages with
e.g. pornographic, politically radical, violence-glorifying or
racist content. Furthermore, no uploads may be performed.
When using a GSI-SLV WLAN, the participant has to adhere
to the, General Terms of Use GSI-SLV WLAN ', which are
given to him at the latest at the beginning of the course and
before using the WLAN for the first time.
Applicable Law/Place of Fulfillment/Jurisdiction
The contract is exclusively subject to German law.
Place of fulfillment of all mutual obligations is the place where
GSI mbH provides its services.
For all contracting parties, except non-merchants, Duisburg is
the agreed place of jurisdiction.
Final Provisions
If the purchaser is not a participant, he is obliged to fully inform
the participant about the content of these conditions of
participation before the start of the course / examination.
Should individual provisions of the preceding conditions of
participation be or become ineffective in whole or in part, this
shall not affect the validity of the remaining provisions.Incidentally, the provisions of the Civil Code apply.