1. General regulations All orders and agreements must be made in writing, whereby the written form shall also be deemed to have been complied with if transmitted by email. Verbal agreements are only valid if ‘Cross Cultures Dr Gabi Kratochwil’ (hereinafter referred to as ‘CC’) confirms them in writing within three working days. This also applies to contract amendments after conclusion of the contract. Our services are provided exclusively in accordance with these terms and conditions, unless the parties agree to an individual agreement in writing. We expressly reject any terms and conditions of the client. Acceptance of these terms and conditions without objection shall be deemed to constitute consent on the part of the client, even if the client excludes recognition of other terms and conditions in its terms and conditions. Our terms and conditions shall also apply to future transactions.
2. Services provided by Cross Cultures The scope, form, subject matter and objective of the training/consultancy services shall be determined on the basis of CC’s offer in consultation with the customer.
3 Fees and costs Fees and costs for CC services shall be set out in a written order confirmation. The order confirmation shall be sent to the client. Travelling and accommodation expenses shall be charged separately. All prices are subject to the applicable statutory value added tax. Payment is due within 14 days of the invoice date. Rights of set-off and retention against due payment claims are excluded unless the counterclaim is undisputed or has been recognised by declaratory judgement.
4. Rights The client recognises CC’s copyright to the works created by it (training documents, scripts, etc.). Reproduction and/or distribution of the aforementioned works by the client shall require the prior written consent of CC. The client warrants that the works made available by him for the fulfilment of the order do not conflict with any copyrights and/or other rights. CC undertakes to maintain confidentiality with regard to all commercially relevant processes of which it becomes aware through or in the course of its co-operation with the client. The client, in turn, undertakes to keep secret all non-publicised processes of which it is aware and of which it becomes aware in the sense of a business secret.
5 Cancellation policy (1) If a deadline for the provision of the service cannot be met by CC due to force majeure, illness, accident or other circumstances for which CC is not responsible, CC shall be entitled to provide the service at a new date to be agreed within a reasonable period of time. (2) If the client cancels the appointment, the following shall apply: The cancellation must be made in writing and submitted to us. Cancellation up to two weeks before the start of the seminar is free of charge. In the event of cancellation from two weeks before the date, the entire agreed amount will be charged. Hotel costs, travel costs and/or cancellation costs already paid by CC shall be borne by the client in all cases.
6. Place of jurisdiction The place of fulfilment and local place of jurisdiction is Cologne. The law of the Federal Republic of Germany shall apply exclusively.
7. Final provisions The invalidity of an individual provision of the aforementioned General Terms and Conditions of Business or a loophole contained therein shall not affect the validity of the remaining provisions. The contracting parties shall replace the ineffective or incomplete provision with an appropriate provision that corresponds as far as possible to the economic and legal purpose of the intended provision.
