General Terms and Conditions of MTM ASSOCIATION e. V. (MTMA)

Scope

Our following terms and conditions apply to all business relationships with our customers, 

• who book our training courses in the form of public or in-house courses, e-learning, seminars and workshops (hereinafter referred to as "training courses") within the framework of the MTM Academy (see point 2.),
• who participate in events where MTMA is the organizer (see point 3.) and
• with regards to the purchase of physical products for all sales channels provided by MTMA (see point 4.). 

Deviating conditions

Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if MTMA has confirmed and recognized them in writing. The silence of the MTMA does not constitute consent. Counter-confirmations by the customer with deviating terms and conditions are hereby expressly rejected by MTMA. 

Applied Version of our Terms and Conditions

Our General Terms and Conditions (hereinafter referred to as GTC) apply in the version valid at the time the contract is concluded. Our customers can view, print and/or save the GTC on our homepage.

Legally relevant declarations

Legally relevant declarations and notifications to be made by the customer to MTMA after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of withdrawal, declaration of reduction) must be made in text form (e-mail is sufficient) in order to be effective.

Fees

The amount of any fees incurred (processing fee or similar) is set out in the MTMA's list of fees. The list of fees is published on our homepage MTM Trainings: Courses.

Export restrictions

When importing goods into countries outside Germany, export restrictions may apply and import duties and taxes may be incurred which the customer must bear. These vary in different customs territories. The customer is responsible for the proper payment of the necessary customs duties, taxes and fees. Pursuant to Section 13 b UStG, the recipient of the service is liable for the VAT. The transfer costs shall be borne by the client.

Contractual partner

Contractual partners must have full legal capacity or be of legal age.

Offer, order and conclusion of contract

1. The training offers (public training courses, in-house training courses and e-learning courses) on our website and in brochures are subject to change and non-binding. In particular, the quantity of participants is limited in the interest of efficient and high-quality training. Our range of services is merely an invitation to our customers to register themselves or others, for example employees, for the training courses. Places will be allocated in the chronological order in which registrations are received by MTMA. 
2. Travel and accommodation are to be organized, booked and paid for by the participants themselves. 
3. In the case of public training courses, a contract is concluded when the booking is made on our website. In addition to the addressee specified in the booking, the owner of the user account is also liable for all bookings made for the respective user account. 
4. If the participant of a public training course wishes to have the training fees paid by a third party, for example the employer, or to invoice a third party, the registration must be made directly by the cost bearer or invoice recipient or the assumption of costs must be notified to MTMA in advance or at the latest at the same time as the registration by submitting a corresponding declaration of assumption of costs in text form (e-mail is sufficient) - stating the complete data of the invoice recipient. Otherwise, the applicant is liable for the training fees. 
5. In the case of in-house training, the customer shall receive a written offer (e.g. in the form of the current price list). Unless otherwise stated, we shall be bound by the offer for three months from receipt of the offer by the customer. The contract is concluded when the customer confirms the offer in text form (order confirmation, order or similar).
6. In the case of e-learning courses, a contract is concluded upon completion of the booking on our website. In addition to the addressee specified in the booking, the owner of the user account is also liable for all bookings of the respective user account.

Training changes and training cancellations

1. Since our training courses can only be designed effectively and interactively if a minimum number of participants is reached, we reserve the right to cancel the training courses no later than 14 calendar days before their respective Starts.
2. In addition, we reserve the right to adapt or change the location and room as well as the course of the training (but not its content) for good cause, in particular due to company or personnel reasons, insofar as this is reasonable for the customer. We will inform the customer of the change immediately after our decision or as soon as possible.
3. The customer shall notify MTMA in writing of any objections to the change within one week of receipt of the notification of change. If, in exceptional cases, the change is unreasonable for the customer, he shall be entitled to an extraordinary right of termination for good cause.

Withdrawal, cancellation - public training courses

1. For public training courses, we grant our customers a right of withdrawal free of charge within 14 calendar days of registration, provided that the day of registration is at least six weeks before the start of the course.
2. When booking a public training course, the customer has the option of obtaining participation codes which can be used to invite participants. These participation codes are subject to the cancellation conditions.
3. The customer is entitled to cancel his booking up to one day before the start of the training under the following conditions. Cancellation must be made in writing. If a cancellation occurs 
   • up to four weeks before the start of the course, only a processing fee will be charged (see MTMA fee list), 
   • less than four weeks to two weeks (14 calendar days) before the start of the training, an expense allowance of 25% of the training fee is due, 
   • less than two weeks (14 calendar days) before the start of the training, an expense allowance of 50% of the training fee will be due,
   • if the participant does not show up on the day of the start of the training or later, or if the participant does not show up for the training without prior notice, the full training fee is due. 

Withdrawal, cancellation - in-house training courses

1. For in-house training courses, we grant our customers a right of withdrawal free of charge within 14 calendar days of receipt of the order confirmation, provided that the date of the order confirmation is at least six weeks before the start of the course.
2. The customer is entitled to cancel his booking up to one day before the start of the training under the following conditions. Cancellation must be made in writing. If a cancellation occurs 
   • up to four weeks before the start of the course, only a processing fee will be charged (see MTMA fee list), 
   • less than four weeks before the start of the training, an expense allowance of 50% of the training days times the daily instructor rate offered will be charged for the booked MTM instructor. If no MTM instructor is booked, an expense allowance of 50% of the training packages ordered will be due. In both cases, all training documents ordered must be returned to MTMA at the customer's own expense.
   • if the training package is received by us on the day the training begins or later, the sum of the training days multiplied by the daily instructor rate offered and the quantity of training packages offered is due. 

Withdrawal, Cancellation - E-Learning Trainings

1. There is no right to withdraw from or cancel e-learning courses.
2. The right of withdrawal to which the consumer is entitled will be informed separately during the booking process. 

Rebooking, change of participant

1. If the customer wishes to rebook an already booked public or in-house training course, i.e. change the date or training location, he/she must notify us in writing. For a rebooking, the participant must cancel the already booked course and re-register. The same deadlines and fees apply for rebooking as for canceling - see point. 2.3 or 2.4. 
2. For public and in-house training courses, the customer is entitled to nominate a substitute participant (by fax or e-mail) up to one day before the start of the training course, provided that the substitute also fulfills the admission requirements (level of training) for participation in the training course. An additional processing fee will be charged for this change of participant (see MTMA fee list). The obligation to pay the full training fee remains unaffected. 
3. In the event of illness, a rebooking can be made provided the customer submits a certificate of incapacity for work. A processing fee will be charged for this (see MTMA fee list). 

Participation codes and activation of e-learning

1. When booking an e-learning course, the customer has the option of obtaining participation codes which can be used to invite participants.
2. Participation codes will be activated by MTMA as soon as possible, at the latest three working days after receipt of payment, and can then be used as an access code for e-learning.
3. If several participation codes are ordered in one booking, all participation codes shall remain blocked until full payment of the entire booking has been made and deposited invitations shall be withheld. Partial payments do not lead to partial activation of the participation codes.
4. Participation codes that have been paid for but not redeemed expire three years after the Ends of a calendar year from the date of booking, in line with the general limitation period. 

Prices and terms of payment

1. We invoice our customers for the training fees for public training courses approx. 30 calendar days before the training takes place. The fees for the training can be found in the respective description of the training on the website and in the booking confirmation. The training fee does not include food, travel, departure or accommodation costs, unless explicitly stated. Invoices are due for payment without deduction within 14 days of receipt, but no later than the day before the training begins. The date of receipt of payment is decisive for compliance with the payment deadline.
2. We invoice our customers for the training fees for in-house training courses after the training has been completed. Shipping and packaging costs are shown separately here. Payments are due without any deductions within 14 days of receipt. The date of receipt of payment is decisive for compliance with the payment deadline. 
3. The training fees for the e-learning will be invoiced to the customer upon completion of the booking. The invoice is sent as a PDF by e-mail to the address stored in the user account. The invoice can also be downloaded via the user account. Invoices are due for payment without deduction within 14 days of receipt. The date of receipt is decisive for compliance with the payment deadline.
4. The Hamburg Institute for Vocational Education and Training issued a notice on January 21, 2019, exempting the training courses in accordance with the training and examination regulations pursuant to § 4 No. 21 a) bb) UStG. All other events (e.g. workshops) are, as a rule, exempt from VAT in accordance with § 4 No. 22 UStG.
5. The customer shall only be entitled to a right of set-off or retention against claims arising from this contract if his counterclaims have been legally established or are undisputed.

Warranty, claims for defects, compensation

1. Unless otherwise stated in these GTC, MTMA shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions. In particular, we are only liable with regard to the quality of the training if the reduced performance is established as such, for example because part of the training has been canceled. In this case, we will refund the corresponding portion of the fee.
2. The e-learning training is hosted on external servers which, according to the agreement, have an annual average availability defined by the hoster. MTMA is not liable for corresponding downtimes of the e-learning.
3. If the materials handed out as part of the training are defective, for example because pages are missing, we will, at our discretion, supply a replacement or remedy the defect. Customers must also return the defective goods to us at our expense at our request.
4. We shall only be liable for damages if
   • liability is mandatory under the applicable law, i.e. in cases of liability under the Product Liability Act and in cases of culpable injury to life, limb and health or
   • we breach a guarantee given by MTMA or
   • the damage is based on grossly negligent, intentional or fraudulent conduct or
   • we culpably breach a material contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for foreseeable, typically occurring damage. 
5. In all other cases, our liability for damages is excluded regardless of the legal basis. In particular, we are not liable for indirect damages, loss of profit or other financial losses suffered by the customer.
6. We shall be liable for reimbursement of expenses under the same terms and conditions as for damages.
7. The above exclusions and limitations of liability shall also apply to the personal liability of our employees, workers, employees, representatives and vicarious agents. 

Training documents

1. We reserve the copyright to all documents that we make available to customers as part of our training courses (e.g. training and examination documents). Upon fulfillment of all payment obligations arising from the business relationship, only the customer himself shall receive a limited, non-exclusive and non-transferable right to use the documents provided for the purpose of following up on the Includes taught in this training. In particular, customers are not entitled to pass on these documents in whole or in part to third parties, to reproduce them or to publish them without our prior written consent.
2. We reserve title to all training and examination documents provided by us to the customer prior to, during or after the training until all payment obligations arising from the business relationship with us have been fulfilled.

Exams, exam results and certificates

1. If our training courses offer customers the opportunity to acquire a corresponding certificate (certificate of attendance or certificate) and if customers have to place aside an exam for this during or after the training, our current training and examination regulations apply. This can be viewed on our homepage in the Academy section. 

The exam results and certificates will be sent to the participant by e-mail as a PDF after the exam has been completed. They will not be sent by post

Data processing, user accounts

We use your personal data for the performance of our contractual service with you. Specific information on the use, storage and possible transfer of your data can be found in the privacy policy on our website. You can access the declaration there via the " Privacy (mtm.org) " link.

Program flyer

The program flyer for each event includes the participation fee, the venue and special cancellation conditions. The program flyer and all event-specific information will be published on our homepage.

Registration - Terms of payment

1. Registrations for an event can be made online via our homepage or in writing. Registrations will be considered according to the date of receipt. A confirmation of registration and an invoice will be sent after receipt of the registration.
2. Payments are due without any deductions within 14 days of receipt of the invoice; invoices must always be settled before the start of the event.
3. There is no general entitlement to participation; the organizer reserves the right to confirm participation in individual cases.

Cancellation conditions

Cancellations must be made in writing and only become effective upon written confirmation by the organizer. Unless otherwise stated in the respective program flyer, the following applies: 

• Cancellations received by us seven calendar days or less before the start of the event will be charged the full participation fee. The full participation fee will also be charged in the event of non-attendance. Cancellations before this date will be charged with an processing fee according to our MTMA list of fees. However, a substitute participant can be named.
• In the event of illness, the course can be canceled provided the participant submits a certificate of incapacity for work. An processing fee will be charged according to our MTMA list of fees. 

The organizer reserves the right to postpone the entire event or single parts of the event in terms of location and/or time, to change Includes or to cancel the event at short notice for important reasons. If the event is canceled completely, the participation fee already paid will be refunded, with the exception of a cancellation of the event due to force majeure. 
Further claims are excluded, unless they are based on intentional or grossly negligent behavior by employees of MTMA or other vicarious agents. 

Arrival - Accommodation

Travel and accommodation are to be organized, booked and paid for by the participants themselves.

Limitations of liability

Insofar as the events take place on the premises and property of third parties, the organizer shall not be liable to the participants for accidents and loss of or damage to their property, unless the damage is due to intentional or grossly negligent conduct on the part of MTMA employees or other vicarious agents.

Copyright

The event-related presentations and documentation are protected by copyright and may not be reproduced, distributed or used commercially in any form - not even in part - without the consent of the organizer and the respective speakers. Permission must be obtained in advance from the organizer for all film and audio recordings intended during the event. Photography is permitted to a reasonable extent for private purposes, subject to the rights of third parties. The organizer accepts no responsibility or liability for any inaccuracies in the content of the presentations and documentation.

Trade exhibition

The conditions for a trade exhibition accompanying the event are regulated separately in the event-specific conditions.

Data protection

Personal data will be stored electronically by the organizer in accordance with the provisions of the Federal Data Protection Act. It will not be passed on to third parties. The participant agrees to the printing of his/her data (surname, first name, company) in the list of participants and agrees to the publication of photos and film material in the organizer's publications. If this is not desired, an informal notice the organizer is sufficient.

Formation of the contract

1. The presentation of the product range in the publications list does not constitute an offer within the meaning of §§ 145 ff BGB, but a non-binding invitation to the customer to order these physical products (hereinafter: product(s)). By sending an order to MTMA in text form (e.g. by e-mail or fax), the customer submits a binding offer to conclude a contract with MTMA. The minimum order value is 10 EUR. A purchase contract with MTMA for products is concluded when the customer has ordered the corresponding products from MTMA and MTMA ships the ordered product to the customer or confirms shipment to the customer in writing (shipping confirmation).
2. All information on availability, dispatch and delivery dates of a product are approximate values and are non-binding.
3. If MTMA is proficient in not accepting the customer's order, the customer will be informed of the unavailability instead of accepting the order.
4. MTMA shall be entitled to make partial deliveries and partial invoices at any time, provided that these are reasonable for the customer. The customer will be informed immediately in the event of delays in delivery.

Retention of title

The delivered products remain the property of MTMA until full payment has been made.

Prices, due date, payment

1. All prices are exclusive of VAT and packaging and shipping costs.
2. The purchase price as well as the shipping and packaging costs incurred are due without any deductions within 14 days of receipt of the invoice.
3. The customer shall only be entitled to a right of set-off or retention against claims arising from this contract if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase contract.

Warranty, shipping risk

1. MTMA shall be liable for defects within the scope of the statutory provisions.
2. In the case of deliveries of goods, all risks of loss or damage to the goods shall pass to the customer as soon as the shipment is transferred to the carrier. If shipment becomes impossible through no fault of MTMA, the risk shall pass to the client upon written notification of readiness for shipment. 

Liability

MTMA excludes liability for slightly negligent breaches of duty, provided that 

• this does not concern guarantees or essential contractual obligations, i.e. obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely;
• it is not a matter of damages arising from injury to life, limb or health; claims under the Product Liability Act remain unaffected. The same applies to breaches of duty by our vicarious agents. 

Data protection

We use your personal data for the performance of our contractual service with you. Specific information on the use, storage and possible transfer of your data can be found in the privacy policy on our website. You can access the declaration there via the Link "Data protection".

Place of jurisdiction, applicable law

1. The legal relationship between the customer and MTMA shall be governed by German law without the conflict of law rules of private international law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
2. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising from these GTC and the underlying contractual relationship shall be Hamburg, Germany. Notwithstanding this, we are also entitled to bring an action at the customer's general place of jurisdiction.

Severability clause

Should one or more provisions of these General Terms and Conditions be invalid in whole or in part or lose their legal validity at a later date, this shall not affect the validity of the remaining provisions of the General Terms and Conditions.

QV-O-03 - 10/24 [CHR]