Preamble
The following terms and regulations shall, as far as effectively agreed upon, become the content of the travel contract concluded between the customer/participant and Robotics Institute GmbH, Mühlenredder 25, 21465 Reinbek (hereinafter referred to as "travel operator").
These terms an regulations supplement and complete the legal provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code).
The following travel conditions are also applicable to contracts for individual travel services.
Individual agreements as well as variations in the respective travel description take precedence over these travel conditions.
1. Conclusion of the contract
1.1 The basis of the travel contract is our travel description and our supplementary information for the respective trip, in which the corresponding educational programs, excursions and activities are listed, as far as these are available to the participant at the time of booking. Travel agents and service providers (e.g. hotels, transport companies) are not authorised to make agreements or give assurances that change the agreed content of the travel contract, go beyond the contractually promised services or contradict the travel description.
1.2 The following applies to bookings made verbally, by telephone, in writing, by e-mail, SMS or fax:
1.3 For electronic bookings (e.g. internet, app, telemedia) the following applies to the conclusion of the contract
1.4 For travel services which were concluded by long-distance transactions (see 1.2. as well as 1.3.), there is no right of withdrawal according to the legal regulations of §§ 312 ff. BGB, only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB. However, a right of withdrawal exists if the contract for travel services has been concluded outside business premises (according to § 651a BGB), unless the verbal negotiations on which the conclusion of the contract is based have been conducted on the consumer's prior order; in the aforementioned case there is no right of withdrawal.
2. Payment / travel documents
2.1 We may only demand or accept payments before the end of the travel if we can provide an effective insurance contract for those payments and a secured payment certificate with the name and contact details of that insurance contract has been handed over to you in a clear and understandable manner.
2.2 If you do not make the down payment and/or the final payment in accordance with the agreed payment due dates, although we are prepared and able to properly provide the contractual services, have fulfilled our legal obligations to provide information and there is no legal or contractual right of retention in your favour, we are entitled to withdraw from the travel contract after issuing a reminder and setting a deadline. We are also entitled to charge you with withdrawal costs in accordance with section 6.
2.3 The travel documents are generally prepared about 21 days before the start of the tour. In the case of short-term bookings, if necessary within 48 hours. The travel documents are usually sent by e-mail or in printed form.
3. Changes in services prior to the start of the journey
3.1 Deviations of essential characteristics of travel services from the agreed content of the travel contract, which become necessary after conclusion of the contract and which were not caused by us against good faith, are permitted before the start of the travel, as far as the deviations are insignificant and do not affect the overall nature of the trip.
3.2 We will inform you of changes in services immediately after becoming aware of the reason for the change on a permanent data carrier (e.g. also by e-mail, SMS or voice message).
3.3 In the event of a significant change in an essential characteristic of a travel service or a deviation from your particular specifications which have become part of the travel contract, you are entitled to accept the change, to withdraw from the travel contract free of charge or to demand participation in a substitute travel within a reasonable period of time set by us at the same time as notification of the change, if we have offered such travel.
If no reaction or no reaction in due time is received by us, the notified change shall be deemed accepted.
3.4 Possible warranty claims remain unaffected, as far as the changed services are afflicted with defects. If we had lower costs for the execution of the changed travel or substitute travel of equivalent quality, the difference will be refunded to you in accordance with § 651m para. 2 BGB.
4. Specification of services and changes to the events offered
4.1 The content and the execution of seminars shall be based on the description of services as listed or published in the respective current seminar catalogue which is an integral part of the contract.
4.2 We are entitled to make changes for technical reasons such as updating requirements, further developments and/or didactic optimizations, provided that they do not fundamentally change the core of the seminar or the aim of the seminar. We reserve the right to change the location and room of the announced seminar at short notice, as far as this is reasonable for the participant.
4.3 The same applies to a replacement of the announced lecturer and/or postponements in the schedule for good reason. In such cases, we will endeavour to inform the participant of the changes in good time.
5. Cancellation of seminars and courses
5.1 We reserve the right to cancel seminars for reasons for which we are not responsible, in particular in the event of short-term absence of the lecturer (such as illness, accident, etc.), failure to reach the number of participants dependent on the type of seminar and not covering the costs, or force majeure.
5.2 In any case, we will endeavour to notify cancellations in writing to the address given in the registration form as soon as possible. Should this no longer be possible for time reasons, the notification can also be made verbally.
5.3 In case of a cancellation, we will initially try to offer another course date, provided that the participants agree.
6. Withdrawal of the customer prior to the start of travel / withdrawal costs
6.1 You can withdraw from the travel contract at any time before the start of the travel. The withdrawal must be declared to us.
6.2 If you withdraw before the start of the travel or do not start the travel, we lose the claim to the travel price. Instead, we may claim reasonable compensation if we are not responsible for the withdrawal or if exceptional circumstances occur at or in the immediate vicinity of the destination which significantly impair the performance of the travel or the transportation of persons to the destination. Circumstances are unavoidable and exceptional if they are beyond our control and their consequences could not have been avoided even if all reasonable precautions had been taken.
6.3 We have set the amount of compensation as a lump sum, taking into account the period of time between the declaration of withdrawal and the start of the travel as well as the expected savings in expenses and the expected acquisition through other use of the travel services. The compensation will be calculated as follows after the date of receipt of the customer's declaration of withdrawal:
- from booking until 61st day before the start of the travel 50%.
- from 60th to 31st day before departure 90%
- from the 30th day before departure until the day of arrival and 100% in case of no-show
of the total travel price per travel participant.
6.4 In any case, you are allowed to prove that the reasonable compensation to which we are entitled is considerably lower than the compensation claimed.
6.5 We reserve the right to demand a higher, individually calculated compensation instead of the aforementioned compensation lump sums, provided that we can prove that we have incurred significantly higher expenses than the applicable compensation lump sum. In this case, we are obliged to concretely quantify and justify the compensation demanded, taking into account the saved expenses as well as less what we acquire through other use of the travel services.
6.6 If we are obliged to refund the travel price as a result of a withdrawal, we shall make payment without delay, but in any case within 14 days of receipt of the notice of withdrawal.
7. Rebooking / substitute participant
7.1 After the conclusion of the contract you have no right to changes, in particular with regard to the travel date, the destination, the place of departure, the accommodation or the mode of transport (rebooking). If, at your request, a rebooking is to be made (only if possible) we will generally charge the same costs as if you were to cancel the contract. We therefore must charge you with the same costs we would have charged for a cancellation at the time of rebooking. In the case of other, minor changes, however, we shall only charge a service fee of EUR 30. In this regard, you shall be entitled to prove that the compensation to which we are entitled is considerably lower than the service fee demanded.
This does not apply if the rebooking is necessary because we had not provided you with any, insufficient or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBGB; in this case the rebooking can be made possible free of charge.
7.2 In accordance with § 651e of the German Civil Code (BGB), your legal claim to have the rights and obligations from the travel contract exercised by a third party instead of you remains unaffected by the above conditions. In any case, a declaration of this kind is considered to be in time if it is received by us 7 days before the start of the travel. The claim must be asserted via a permanent data carrier.
8. Services not used
If you do not make use of individual travel services which were duly offered to you and which we were willing and able to provide in accordance with the contract, for reasons which are attributable to you, you are not entitled to a pro-rata refund of the travel price.
This does not apply insofar as such reasons would have entitled you to withdraw from or terminate the travel contract free of charge in accordance with the statutory provisions. We will make every effort to reimburse saved expenses by our service providers. This obligation shall also not apply if the expenses are completely insignificant.
9. Withdrawal due to failure to reach the minimum number of participants
9.1 We can withdraw from the travel contract up to 28 days before the start of the travel if the advertised minimum number of participants has not been reached, and if the latest date of receipt of the declaration of withdrawal was stated in the specific travel advertisement or in a general service description.
We are also obliged to inform you immediately after the occurrence of the preconditions for the non-operation of the journey.
9.2 If the travel is not carried out due to the insufficient number of participants, we will immediately refund your payments, at the latest however within 14 days after receipt of the declaration of withdrawal.
10. Termination for reasons of misconduct
We can withdraw from the travel contract or cancel the travel contract without notice after the start of the travel if, despite our warning, you persistently disrupt the execution of the travel or behave contrary to the contract to such an extent that the immediate cancellation of the contract is justified. This does not apply if the behaviour contrary to the contract is based on a violation of the travel operator's duty of information. Despite termination, the travel operator retains the claim to the travel price. However, the travel price must be offset against the value of the saved expenses as well as those advantages that were obtained from any other use of the services not used, including any amounts reimbursed to the service providers.
11. Withdrawal from travel contract due to unavoidable, exceptional circumstances
11.1 The withdrawal before the start of the contract is based on § 651h BGB. In particular, the following paragraphs apply.
11.2 The traveller can withdraw from the contract at any time before the start of the travel. If the traveller withdraws from the contract, the travel operator loses the claim to the agreed tour price. However, the tour operator can demand an appropriate compensation.
11.3 Notwithstanding paragraph 2, the travel operator cannot demand compensation if unavoidable, exceptional circumstances occur at or in the immediate vicinity of the place of destination, which considerably impair the performance of the travel or the transport of persons to the place of destination. Circumstances are unavoidable and exceptional within the meaning of this subtitle if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
11.4 The travel operator can withdraw from the contract before the start of the travel if he is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances. In this case he has to declare the withdrawal immediately after he has been informed about the reason for withdrawal.
11.5 If the travel operator withdraws from the contract, he loses the claim to the agreed travel price.
11.6 If the travel operator is obliged to refund the travel price due to a withdrawal, he has to pay immediately, but in any case within 14 days after the withdrawal.
12. Duties to cooperate
12.1 Participation
You are responsible for all contractual obligations of the travellers for whom you make the booking as for your own, as far as you have taken over this obligation by explicit and separate declaration.
12.2 Services to be provided by yourself
As mentioned in section 1.1, the basis of the travel contract is our travel description and our supplementary information for the respective travel, in which the corresponding educational programs, excursions and activities are listed, as far as these are available to the participant at the time of booking. If the arrival and departure are not listed in the travel description, these are to be paid by the participants themselves. The travel operator can make recommendations for flight and train connections for optimal logistics.
12.3 Travel documents
Please inform us in good time if you have not received the necessary travel documents within the specified time limits.
12.4 Notification of defects / request for remedy
If the trip is not free of travel defects, you can demand remedy. This requires - without prejudice to our primary obligation to perform - your cooperation. You are therefore obliged to undertake everything reasonable to contribute to a remedy of the disruption and to keep any damage caused as low as possible or to avoid it completely.
If we were unable to remedy the defect as a result of a culpable omission to report the defect, you shall not be entitled to claims for a reduction in price pursuant to § 651m BGB (German Civil Code) or claims for damages pursuant to § 651n BGB.
12.5 Deadline before termination
If you want to cancel the travel contract due to a travel deficiency of the kind described in § 651i para. 2 BGB (German Civil Code), insofar as it is substantial, according to § 651l BGB, you must first set us a reasonable period of time to provide a remedy. This does not apply if we refuse to provide remedy or if immediate remedy is necessary.
12.6 Damage to and delay of baggage during air travel; special rules and deadlines for requesting remedy
(a) We point out that loss, damage and delay of baggage in connection with air travel must be reported by you immediately on site by means of a damage report to the responsible airline in accordance with the provisions of aviation law. Airlines and travel operators may refuse refunds on the basis of international agreements if the damage report has not been completed. In the case of damaged baggage, the notice of damage must be submitted within 7 days, in the case of delay within 21 days, after delivery.
(b) In addition, the loss, damage or misdirection of baggage must be reported immediately to us, our local representative or our contact point or the travel agent.
13. Limitation of liability
13.1 In the event of breach of contractual and non-contractual obligations, we shall be liable in accordance with the statutory provisions.
We shall only be liable for damages in the event of intent or gross misconduct. For simple negligence we shall be liable limited to the foreseeable damage typical for the contract, if an essential contractual obligation (obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the participant regularly relies and may rely) is violated.
Our contractual liability for damages that are not bodily injuries and were not culpably caused is limited to three times the travel price.
13.2 Our liability in tort for damages that are not bodily injury or those of sexual self-determination and were not culpably caused is limited to three times the travel price.
13.3 Possible claims in excess of those in clauses 13.1 and 13.2 based on international agreements or statutory provisions remain unaffected by the mentioned restrictions.
13.4 We shall not be liable for service disruptions, personal injury and property damage in connection with travel services which are merely arranged as external services (e.g. arranged excursions, sporting events, etc.) if these services have been expressly identified as external services in the travel description and travel confirmation, stating the identity and address of the arranged contractual partner, in such a clear manner that they are clearly not part of our travel services and have been selected separately. This does not affect §§ 651b, 651c, 651w and 651y BGB.
However, we shall be liable if and to the extent that your damage was caused by a violation of our duties of information, clarification or organisation.
13.5 We make every effort to ensure the accuracy of the teaching content provided. Nevertheless, this cannot be guaranteed. Liability for damages due to incorrect content and recommendations, technical failures or other deficiencies is excluded.
Liability for any kind of damage including consequential damage caused by published information and recommendations is excluded. Likewise, any liability is excluded which could result directly or indirectly from the theoretical and practical knowledge transfer during the training and further training relationship.
13.6 Apart from the announced content of the course topic, there is no claim to a specific subject matter.
13.7 We are not liable for operational disruptions for which we are not responsible.
13.8 The limitations of liability above shall also apply in the event of breaches of duty by or in favour of persons whose fault we are responsible for according to statutory provisions. They shall not apply if we have fraudulently concealed a defect or have assumed a guarantee. The provisions of the Product Liability Act shall remain unaffected.
14. Exclusion from seminars for particular reasons
We are entitled to exclude a participant from further participation in a seminar if the participant violates the house rules, disturbs the seminar or commits copyright violations. The participant must also compensate for any damage for which he or she may be responsible. In this respect we explicitly reserve the right to assert claims for damages. In the event of the justified exclusion of the participant, there is no claim to reimbursement of already paid fees.
15. Assertion of claims: Addressee, Consumer Dispute Resolution Information
15.1 In accordance with § 651i para. 3 no. 2 - 7 BGB (German Civil Code) you must assert claims against us.
15.2 We point out that we do not participate in a voluntary consumer dispute resolution. However, we refer to the European online dispute resolution platform https://ec.europa.eu/consumers/odr for all travel contracts concluded in electronic legal transactions.
16. Statute of limitations for individual travel services
Any claims for damages against us in the case of booking individual travel services are subject to the statutory limitation period according to §§ 195, 199 BGB. Any claims for compensation against you due to change or deterioration of rented items (e.g. rental car, holiday apartment) shall become statute-barred after six months in the case of booking individual travel services. This period begins with the day on which the journey should end according to the contract.
17 .Information requirements concerning the identity of the operating air carrier
Due to the EU regulation on informing passengers about the identity of the operating airline, we are obliged to inform you at the time of booking about the identity of the operating airline as well as all air transport services to be provided within the framework of the booked travel. If the operating airline is not yet known at the time of booking, we are obliged to inform you of the airline or airlines which will probably operate the flight. As soon as we know which airline will operate the flight, we will inform you. If the airline initially named changes, we will inform you of the change immediately.
18. Passport, visa and health requirements
18.1 We will inform you about general passport and visa requirements as well as health and safety formalities in the country of destination, including the approximate time limits for obtaining any necessary visas, before the conclusion of the contract and any changes to these before the start of the travel.
18.2 You are solely responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages resulting from the non-observance of these regulations, e.g. the payment of cancellation costs, are at your expense. This does not apply if we have culpably not, insufficiently or incorrectly informed you.
18.3 We shall not be liable for the timely issue and receipt of necessary visas by the respective diplomatic representation, even if you have commissioned us to procure them, unless we have culpably violated our own obligations.
18.4 Participants from the EU must prove that they have a European Health Insurance Card. Participants from non-EU countries must obtain adequate health insurance in their home country for the duration of the trip in Germany and provide documentary evidence of this 60 days before the start of the trip.
For a fee, the tour operator can buy this insurance for the participant after consultation and at his/her request.
19. Copyright and copyright protection / foreign data carriers and software
19.1 Seminar documents and other learning and accompanying materials in any form whatsoever are protected by copyright and may not be copied, made publicly accessible or distributed without consent.
19.2 The software provided and any other software on data carriers may not be copied or removed from the event room.
19.3 If, in exceptional cases, the transfer of software is permitted, we do not assume any liability for damages caused by the transferred software, especially by viruses, to the recipient of the software.
20. Data protection
When booking, we collect personal data which are necessary for the fulfilment and execution of the travel contract. This data is electronically stored, processed and - as far as it is necessary for the purpose of the contract - transferred to third parties, e.g. service providers such as hotels and airlines or to partner companies such as the explicitly listed sponsors (companies) and company visits (internships etc.), as well as the universities listed on our website (TUHH and others).
21. Final provision
21.1 The place of performance is the venue.
21.2 The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our company headquarters, insofar as the traveller is a businessman within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law.
21.2 Amendments and/or additions to the contract must be made in text form and countersigned by the respective contracting party to be effective.
21.3 All prices include the legally applicable value added tax.
21.4 Should individual provisions of these General Terms and Conditions be wholly or partially invalid, void or incomplete, the validity of the remaining provisions and the validity of the contract shall remain unaffected.
Travel operator:
Robotics Institute GmbH
Mühlenreddder 25
21465 Reinbek
