Field of application
These conditions of participation apply to all open further training events ("Open Events") conducted by Fleury & Fleury GbR (hereinafter referred to as "Fleury & Fleury"). They take precedence over all terms and conditions of contractual partners, even if this is expressly excluded in their general terms and conditions. This is recognised by the contracting partners with the registration or the conclusion of the contract.
Basis of services
Fleury & Fleury conducts open further training events on the basis of the data and information provided to us by the registered persons, ordering parties or their representatives. These are checked by us for plausibility. The guarantee for their factual correctness and for their completeness lies with the named persons.
All services provided by Fleury & Fleury are subject exclusively to the law on service contracts. The service is deemed to have been rendered when the respective further training event has been carried out.
Registration / Order
A registration / order is binding. It is considered accepted as soon as it is confirmed in writing by Fleury & Fleury. A declaration made using the registration form on the website, by fax or email is also deemed to be in writing. Fleury & Fleury reserves the right not to accept registrations, particularly if the number of available places is exceeded or other circumstances make this necessary.
Costs / Prices
Costs or prices are indicated in the further training description or in an offer created by Fleury & Fleury.
Costs for breaktime meals and lunch on the training days are borne by Fleury & Fleury, unless otherwise contractually agreed. Travel and accommodation costs are borne by the participants, as is the reservation of their accommodation. Fleury & Fleury will be happy to help with the recommendation of suitable accommodation near the event location.
All cost or price quotations are net amounts and are subject to value added tax ("VAT"), depending on the country. They are valid for a single participating person. An overall invoice will be issued for several persons registered at the same time. Invoices also include any discounts granted and show the value added tax, if applicable. Invoiced amounts are due without deduction upon receipt of the invoice.
Access / Right of retention
Fleury & Fleury will only grant participants access to open further training courses if the amount invoiced is received in Fleury & Fleury's bank account before the date of further training confirmed by Fleury & Fleury. Fleury & Fleury has a right of retention on all further training documents until the invoice has been paid in full.
Cancellation / termination
The cancellation / termination of a registration / order is possible in writing. If the cancellation / termination is received by Fleury & Fleury up to 3 months before the confirmed start of the open further training event, Fleury & Fleury will charge 50% of the costs as a cancellation fee. For cancellations received by Fleury & Fleury later than 6 weeks before the start date, Fleury & Fleury will charge 75% of the costs. Cancellations received by Fleury & Fleury later than one week before the date of the event, absence from the day of the event or cancellation of participation must be paid in full.
Special regulation due to SARS-CoV-2:
If, due to SARS-CoV-2, company safety considerations no longer permit attendance at a face-to-face meeting, Fleury & Fleury will give the opportunity to switch to an online event or attend a face-to-face meeting at another time.
If, due to SARS-CoV-2, official orders prohibit attendance at meetings in the meantime, Fleury & Fleury will give the opportunity to switch to an online event, to participate in an face-to-face meeting at another time or to withdraw from the contract with reimbursement of the participation fees paid.
Procedure and modifications
The open further training events take place on the appointments mentioned in the confirmation of registration or contractually agreed dates at the location indicated there. They begin at 9.00 pm and end at about 17.00 pm. There will be a lunch break at about 12:30 pm, and in between there will be further smaller breaks. In the case of attendance events, lunch as well as snacks and drinks are provided during the breaks. In the case of online events, the participants cater for themselves.
After the end of the open further training event, Fleury & Fleury will issue a certificate of participation to the participants stating the learning contents.
Fleury & Fleury reserves the right to change the lecturer or trainer of further training events as well as to postpone or change the course of events or the learning content. Fleury & Fleury has the right to postpone or cancel further training events in the event of the absence of instructors, too few participants or for other important reasons. In this case, Fleury will inform the participants and, if possible, provide alternative dates. If this is not possible, Fleury & Fleury will reimburse participants for the costs already paid for their participation.
Hygiene rules for attendance events
By registering for attendance events, participants agree to comply with the general hygiene and distance rules due to SARS-CoV-2:
In case of cold or flu symptoms stay at home, if necessary postpone the appointment
Wear a mouth-nose cover where required
Keep at least 1.5 metres distance
Wash hands with soap and at least 20 seconds
Do not shake hands
Cough into the crook of your arm
Observe official regulations
The participants also agree to comply with the hygiene concept at the event location. Furthermore, the principle of mutual consideration applies: The participants agree to behave in such a way that no one else will be harmed or endangered. Fleury & Fleury has the right to exclude participants who violate these rules from further participation without reimbursement of costs, in order to comply with all legal requirements and the duty of care towards other participants and other persons on site.
Netiquette for live online events (video conferences, webinars)
By registering for online events, participants agree to comply with the Netiquette:
⦁ When asked, please confirm to the speaker that you can see & hear them.
⦁ Mute your microphone when you are not speaking.
⦁ Let each other finish.
⦁ Keep your speaking time short.
⦁ Behave respectfully towards others, refrain from insults and devaluations.
⦁ If you have any problems, make the person performing the event / speaker / trainer aware of them.
⦁ Do not leave the conference without saying goodbye.
Fleury & Fleury is entitled to exclude participants from further participation in the event of serious and persistent breaches of these rules without reimbursement of costs, in order to comply with its duty of care towards the other participants and to ensure that the event is conducted in an appropriate manner.
Participation in an open further training event is only transferable to another person after prior written agreement with Fleury & Fleury.
Fleury & Fleury's open further training events convey the essential contents of the respective topic and offer the opportunity for mutual exchange among the participants and with the speakers and trainers. Fleury & Fleury responds to the wishes of the participants and reserves the right to adapt the design of the open further training event to the wishes of the participants. Fleury & Fleury is therefore free in its interpretation of the described contents and assumes no responsibility for the complete communication of any individual aspect of a topic.
Further training documents
Fleury & Fleury can send further training documents to the e-mail addresses of the participants before the start of the training or make them available for download. These documents must be printed out by the participants or brought along in electronic form on their own mobile device or laptop to the further training event. Fleury & Fleury will not provide the participants with these seminar documents on site.
The training documents and contents may only be used by the person named as a participant in the registration or in the offer or training contract drawn up by Fleury & Fleury. Participants undertake to treat all access data received as confidential and not to make them available to third parties.
Intellectual property and exploitation rights
All documents and materials provided by Fleury & Fleury in the context of the further training courses become the possession of the participant as soon as they are made available. All documents and materials remain the copyright of Fleury & Fleury and others, as well as any exploitation rights agreed by contract. The reproduction of the content, documents and materials made available for purposes not expressly authorised by Fleury & Fleury, as well as the transfer, exploitation and communication to third parties is expressly prohibited. Any violation of these rights will lead to criminal and civil liability.
Protection of data privacy
Fleury & Fleury only collects and stores the personal data of the participants that is necessary for the implementation of the open further training events. This data is stored and deleted in accordance with the legal retention periods. The data will only be passed on to persons who are directly involved in the implementation of the further training events.
If an open further training event has to be cancelled for reasons for which Fleury & Fleury is responsible, the costs already paid for it will be reimbursed. Further claims are excluded. Fleury & Fleury is only liable for damage for which Fleury & Fleury is responsible - for whatever legal reason - insofar as it is guilty of intent and/or gross negligence.
All information in the open further training courses and the further training documents are provided by Fleury & Fleury to the best of its knowledge and belief. Fleury & Fleury accepts no liability for any errors in the information given orally or in writing during a further training event or in the further training documents or data carriers transmitted. Likewise, Fleury & Fleury accepts no liability for any damage or consequential damage resulting from defects. Under no circumstances shall Fleury & Fleury assume the general business risk of contractual partners.
Fleury & Fleury is ideologically neutral. Fleury & Fleury hereby declares that it does not collaborate with organisations such as Scientology or similar organisations or companies affiliated with them. Fleury & Fleury does not work according to a method ("Technology") of L. Ron Hubbard. Fleury & Fleury does not organise any further training events according to the above-mentioned "technologies" and does not knowingly maintain any business relationships with persons, companies or organisations that promote the introduction of the method ("Technology") of L. Ron Hubbard or support the dissemination of said methods ("Technology") of L. Ron Hubbard.
Place of jurisdiction and applicable law
The place of jurisdiction for all legal issues arising from registration for or ordering of open further training events of Fleury & Fleury is Cologne. The law of the Federal Republic of Germany applies exclusively.
If Fleury & Fleury makes individual agreements with the registered or ordering parties on individual points of the contract, these take precedence over the corresponding individual provisions of these conditions of participation. They must be made in writing. Oral collateral agreements are not valid.
Changes to the conditions of participation
Fleury & Fleury is entitled to modify or supplement the conditions of participation. Contractual partners have the right to object to such changes for existing contracts. If the contractual partners do not object to the changed conditions within four weeks of receipt of the notification of change, these shall become effective in accordance with the notification.
Should individual clauses of these conditions of participation be invalid, the validity of the remaining clauses shall not be affected. In this case, the invalid clauses are to be replaced by valid ones which come as close as possible to the purpose of the invalid clause in a legally permissible manner.
Cologne, in August 2020