Section 1 General
1. Our General Terms and Conditions of Business apply exclusively. Any terms and conditions that deviate from these require the binding written consent of Horse Energy GmbH in order to become effective. Any wavers, amendments or additional supplements require written confirmation from Horse Energy GmbH.
2. Our General Terms and Conditions of Business also apply to any further and future agreements with the contracting parties.
2. Für weitere und zukünftige Verträge mit den Vertragspartnern gelten auch unsere allgemeinen Geschäftsbedingungen.
Section 2 Registration
1. Registration for training courses shall be made in writing.
2. An agreement with Horse Energy GmbH shall become effective upon transmission and confirmation of the completed and signed declaration of registration by post, by email, or by verbal agreement and subsequent submission of a written declaration of registration.
Section 3 Performance of training
1. Horse Energy GmbH reserves the right to change the location of training courses and also the dates of training courses due to the booking and reservation situation. Participants who have already booked shall receive a booking correction as early as possible. If a participant does not agree to the new training location and/or the new course dates, (s)he is entitled to cancel without charge.
2. By concluding the Agreement, Horse Energy GmbH undertakes to comply to the full extent with the training data agreed in this Agreement. Excluded from this shall be the effect and impact of force majeure.
3. Horse Energy GmbH reserves the right to refuse a registration for training without giving any reasons. During the training course, a participant may be excluded from the training course at any time without giving any reasons if (s)he does not comply with the requirements/rules of the training schedule. In this case, payment for training modules that have been paid for but not yet taken shall be refunded.
Section 4 Prices / investment
1. The prices listed in the offers and agreements are fixed prices. The price covers exclusively participation in the course.
2. Travel and accommodation in hotels for the purpose of attending the course are not included in the fee for the course and the participant is responsible for these her/himself.
Section 5 Payment
1. The full investment for the course shall be invoiced following receipt of the registration. The amount due must be paid into the Horse Energy GmbH account shown on the invoice no later than four weeks before the start of the course.
2. The participant’s place shall only be confirmed as reserved once payment of the course fee has been received.
3. Settlement of outstanding claims shall be made free of charge to the Horse Energy GmbH account.
4. For each reminder sent, a reminder fee of €20 shall be charged. If further costs are incurred by Horse Energy GmbH as a result of default in payment, these costs shall be charged to the contracting party and also to the party responsible.
Section 6 Duty of confidentiality
1. The Horse Energy training material issued during the training course is protected by copyright and may not be published, reproduced or passed onto third parties, even in the form of extracts. This applies in equal measure to electronic media. In the event of proven infringement, Horse Energy GmbH reserves the right to take legal action/make claims for damages.
2. All content of the training courses constitutes intellectual property and may not be passed on or taught to third parties, nor may passing onto third parties be supported, either in isolation or in a modified but identifiable form, either under the name of Horse Energy GmbH or under your own name or any other name. Every participant of the training courses undertakes, in particular, not to teach the knowledge they have learned to third parties.
3. Any recordings or extracts of training sequences made with technical equipment are an infringement of the training agreement and shall result in payment of a contractual penalty in the amount of no less than €50,000. Horse Energy GmbH expressly reserves the right to make further claims for damages in this case.
4. On the basis of your commissioning Horse Energy GmbH, we are entitled to collect data required for the purposes of successful execution of training within the meaning of BDSG (Federal Data Protection Act), and to process these data or have them processed exclusively for this purpose. The data shall be treated as confidential.
Section 7 Postponement, rebooking and cancellation of dates
1. In the case of cancellation no later than 16 weeks before the start of a course, the agreement shall be cancelled without charge. In the case of cancellation no later than eight weeks before the start of a course, Horse Energy GmbH shall charge 50% of the investment for the course. If cancellation takes place less than eight weeks before the planned start of the course, Horse Energy GmbH shall charge 100% of the investment for the course.
2. If no written confirmation of cancellation is received before the start of the course, Horse Energy GmbH shall be entitled to payment of 100% of the investment for the course.
3. All cancellations must be received by Horse Energy GmbH in writing. This also applies to special exceptions relating to the rules for cancellation.
4. If a course participant or a contracting party wishes to rebook the date of an entire course to another date, this must be done at least 12 weeks before the start of the training course. In principle an entire course may only be rebooked once.
5. If attendance on a course that has been rebooked is cancelled by a course participant, payment of 100% of the investment for the course shall be payable.
6. It is possible to provide a replacement participant for the training course that has been booked.
7. We recommend taking out a seminar cancellation insurance policy.
Section 8 Liability
1. Participation in the training course, in particular practical work on horses, is undertaken at your own risk. Suitable clothing and footwear should be worn. Liability for items and animals brought by participants is also excluded. All participants are only insured against accidents and rescue under their own insurance. The wearing of helmets during riding sessions is mandatory.
2. The content of the training courses is prepared to the best of our knowledge. It is based on years of personal and practical experience. No liability resulting from the cost of the content, its accuracy or its completeness shall be assumed. In particular, the opinion of a veterinary surgeon should always be consulted when applying the content on a horse.
3. The choice of external trainers is made with the greatest of care. Horse Energy GmbH assumes no liability for content provided by external trainers.
4. Claims for damages, regardless of the legal grounds, including in particular claims for damages for a positive breach of contract or tort, are excluded unless the damage is the result of wilful intent or gross negligence. In the event of infringements of essential contractual obligations, liability shall also be assumed for slight negligence.
5. Reservations and accommodation in a hotel shall be undertaken at the initiative of the participant and is excluded from liability.
§ 9 Place of fulfilment, court of jurisdiction
1. Unless otherwise stipulated in the order confirmation, the place of fulfilment is the registered office of Horse Energy GmbH.
2. German law shall apply. Each contracting party may also sue the other at their general court of jurisdiction.
Section 10 Severability clause
1. Should one of the above provisions prove invalid, the remaining provisions shall retain their validity. The invalid clause shall be replaced by the statutory provision. In the event that no statutory provision exists, the parties shall be obliged to agree to a provision that comes as close as possible to the intended and economic purpose of the invalid clause.
2. No verbal collateral agreements have been made.
§ 11 Data protection
1. With regard to the provisions of the Federal Data Protection Act, we wish to point out that your personal data is stored and processed for the purpose of fulfilment of the agreement.
2. Your business contact details shall be used by Horse Energy GmbH for marketing purposes in order to send you training programmes and information from the organiser by post.
3. You may object to the use, processing or transmission of your data for marketing purposes, or revoke your consent for this, at any time by notifying Horse Energy. Following receipt of your objection or your revocation, Horse Energy shall no longer use or process the data in question for marketing purposes, or shall cease sending of advertising material immediately.
HORSE ENERGY® GMBH GENERAL TERMS AND CONDITIONS OF BUSINESS
HORSE ENERGY® GMBH RE-BUILDING HORSES