General Terms and Conditions of
Firebrand Training GmbH.
36199 Rotenburg an der Fulda
The following General Terms and Conditions of Firebrand Training GmbH shall apply to all training contracts between Firebrand Training GmbH and the customer and to all related legal transactions. They shall also apply - insofar as this is in accordance with their meaning and purpose - to contractual relationships between the parties which arise through the commencement of contractual negotiations in this respect or similar business contacts within the meaning of § 311 Paragraph 2 of the German Civil Code (BGB).
Deviating general terms and conditions of the customer shall only become part of the contract if they are expressly confirmed in text form by Firebrand Training GmbH.
1. Terminology in the context of the general terms and conditions
- The following terms are used in the specified interpretation in the General Terms and Conditions of Firebrand Training GmbH for the purpose of concretisation:
- "REGISTRATION": registration is understood to be the binding submission of an offer to conclude a contract with the company Firebrand Training GmbH.
- "INFORMATION MEDIA": This refers to all brochures, information media and the Internet presence of Firebrand Training GmbH.
- "COURSE FEES": Course fees include all services offered within the scope of the respective course description, unless these are expressly described as extra services to be paid separately.
- "COURSE MATERIALS": This includes all documents, materials, data and information provided by Firebrand Training GmbH or its employees as part of the Course.
- "COURSE": The respective service offered as training by the company Firebrand Training GmbH under more precise course names and course numbers is understood as a course. The various services offered can be found in the relevant information brochures of Firebrand Training GmbH.
- "TRAINING CONTRACT": The concluded or intended legal relationship of the parties under which access to the services of Firebrand Training GmbH is granted within the framework of the General Terms and Conditions.
- "SEMINAR PARTICIPANT": The contractual partner (customer) who intends to receive services from Firebrand Training GmbH in accordance with the General Terms and Conditions by way of the registration that has taken place.
- "COMPANY": Firebrand Training GmbH, Heinz-Meise-Straße 98, 36199 Rotenburg an der Fulda, Germany
- "PERFORMANCE GUARANTEE": This means the right of the customer to be allowed to take services from the company Firebrand Training GmbH repeatedly (in accordance with clause 8 of these General Terms and Conditions).
3. Registration and terms of payment
- 2.1. All services offered by the company in their respective manifestation shall only be provided within the framework of the General Terms and Conditions designated below. The Company reserves the right to make appropriate changes and additions to courses without notice.
- 2.2 Courses of the company are offered in the form specified by its information media. The seminar participant shall be responsible for the existence of any prior knowledge required for the course to be taken.
- 2.3 Information going beyond the company's information media as well as detailed course descriptions etc. will be made available on request.
- 2.4 The Company is entitled at any time and without prior notice to change the type and structure of the information media, insofar as this appears appropriate from the Company's point of view.
- The company is entitled, without prior notice, to change the type and structure of the courses as well as the timing of course units and examinations, provided that this is appropriate or required by law and does not have a lasting negative effect on the quality of the service to be rendered or the qualification to be achieved after course participation.
- 3.1 Registration for a course offered by the company by the seminar participant must be made in writing to the company. By registering, the seminar participant accepts the company's General Terms and Conditions. Participation in the course shall be deemed to have been bindingly confirmed and the intended training contract shall be deemed to have been concluded unless the company issues a written declaration of refusal within 14 days. As proof of the conclusion of the training contract, the seminar participant shall receive a written confirmation from the Company.
- 3.2 If no mutual agreement regarding a special arrangement or loan negotiation has been reached between the company and the course participant, the COMPLETE payment amount shall be settled by the course participant at the time of course registration.
- 3.3 Until such time as payment has been received in accordance with section 3.2, the course participant shall not be entitled to participate in the course. Similarly, the company is not obliged to reserve a place on the course for the seminar participant until payment has been received.
- 3.4 All prices quoted are exclusive of statutory taxes. Insofar as a return debit note or rejection of the debit note occurs for which the seminar participant is responsible, the additional costs charged to us by the executing bank shall be reimbursed by the seminar participant. The seminar participant shall be responsible in particular for the following reasons for a return debit note:
- incorrect bank details when issuing the direct debit authorisation
- lack of bank account coverage on the part of the customer and
- return debit note of the payment amount by the seminar participant for reasons for which the company is not responsible.
If a return debit note or rejection of the debit note occurs for reasons for which the seminar participant is responsible, default of payment without reminder occurs at this point in time.
- 3.5 The company is entitled to immediately invoice the seminar participant for all services not included in the course fee.
- 3.6 In the event of late payment in accordance with the provisions of sections 3.1 et seq. the company is entitled to exclude the seminar participant from the course at any time.
- Upon participation in a course part, all course fees become due in full and are non-refundable, unless other provisions of the General Terms and Conditions conflict with this clause.
- 4.1 The course material provided by the company is protected by copyright and may only be used by the seminar participant for the purpose of course preparation and follow-up as well as for personal informational use.
- 4.2 Video and audio recordings of courses are strictly prohibited. Course material may not be reproduced or made available to third parties - even in excerpts - without the express written consent of the company.
- 4.3 Unauthorised Training Material. Course participants should take great care to ensure that unauthorised materials, such as practice exam questions, cannot be used during the course. Students may be asked to leave the course by the instructor if such an incident occurs. This is especially true for practice exam questions that have not been previously approved by the Examiner.
6. Scope of warranty
- Accommodation during the course is included in the course fees payable under section 3. The company will provide more detailed information on the type and scope of accommodation in separate information media on request. The seminar participant is responsible for complying with the relevant house rules, which will be announced at the time of moving in. The company reserves the right to exclude the seminar participant from the course in case of gross violation of house rules or general decency guidelines. In the event of exclusion from the course, the participant shall have no claim to repayment of course fees already paid, irrespective of the legal grounds.
7. Withdrawal and rebooking
- 6.1 The company employs highly qualified teachers for the courses offered and uses recognised teaching methods. It warrants that the course will be conducted in the manner set out in the information media and will be suitable for the achievement of the qualification promised on successful completion of the course. Although the successful completion of the course by each seminar participant is intended, success depends on the commitment and prior knowledge of the seminar participant and cannot be fully guaranteed.
- 6.2 A contractual or non-contractual liability for damages on the part of the company, its employees and vicarious agents, irrespective of the legal grounds, exists only if the damage is due to gross negligence or intent.
- 6.3 The company accepts no liability for accidents caused by carelessness on the part of the seminar participant or for the loss or theft of property or valuables brought to the courses.
- 6.4 If courses have to be cancelled by the company due to illness of the instructors or force majeure, the seminar participant has no claim to the course being held. In this case, the seminar participant can either book an alternative course at no extra cost or receive a refund of course fees already paid by bank transfer. Further claims for damages, in particular reimbursement of travel costs incurred and compensation for loss of work, are excluded, irrespective of the legal grounds.
This exclusion of liability does not apply if the company or its vicarious agents can be accused of gross negligence or intent, or in the case of injury to life, limb or health, insofar as this is based on a negligent or intentional breach of duty by the company or its vicarious agents.
- 6.5 It is assumed that the seminar participant has ascertained before registering for a course that the course in the form described in the information media, with regard to the scope of the course and the qualifications to be obtained, meets the individual requirements and needs of the seminar participant.
8. Performance guarantee
- 7.1 The seminar participant has the right to withdraw from the relevant training contract up to 21 calendar days before the start of the booked course. The request for withdrawal must always be sent to the company in writing. The date of receipt of the letter of withdrawal by the company is decisive for the observance of the deadline. In this case, the seminar fees already paid will be refunded to the seminar participant - if applicable, taking into account course documents already handed out. In the event of a withdrawal, the company reserves the right to invoice the administrative expenses incurred in this respect in the amount actually incurred, but not exceeding € 300.00, and to offset them if necessary. The seminar participant reserves the right to prove a lesser loss.
- 7.2 After expiry of the deadline specified in section 7.1, administrative fees amounting to 60% of the course fees in accordance with the price list valid at the time of withdrawal shall be incurred irrespective of participation. Subsequent withdrawal in the event of non-attendance at the course is not possible. In the event of non-attendance, 100% of the course fee will be charged. If the seminar participant has made a rebooking in accordance with section 7.3 or 7.4, withdrawal from the course is no longer possible after this rebooking.
- 7.3 The seminar participant has the one-time right, up to 21 calendar days before the start of the booked course, to exchange it for a future course by way of rebooking. The request for rebooking must be sent to the company in writing. The date of receipt by the company is decisive with regard to compliance with the deadline. In this case, the course fees already paid will be offset against those of the future course - if applicable, with crediting of course documents already handed out. In the event of repeated course rebooking, the company reserves the right to invoice the administrative expenses incurred in this regard in the amount actually incurred, but not exceeding € 300.00. The company reserves the right to charge the participant for the course fees. The seminar participant reserves the right to prove a lesser damage.
- 7.4 After expiry of the deadline specified in section 7.3, course rebookings are only possible for an administrative fee of 30% of the course fees according to the price list valid at the time of the rebooking. In all other respects, the provisions of Clause 7.3 shall apply.
- 7.5 If the seminar participant renounces participation in a course that has already been paid for in part or in full without exercising his/her right of withdrawal, the company shall be entitled after the expiry of 12 months - measured from the date of the start of the originally booked course - to retain course fees already paid without compensation. In this case, any course fees not yet paid shall be refunded by the seminar participant.
- 7.6 The company reserves the right to cancel courses without substitution or to postpone them to another date if the economically necessary minimum number of participants is not reached. If the company makes use of the aforementioned rights, the seminar participant will be informed of this in writing at the earliest possible time. In this case, the seminar participant has the right to withdraw from the course or to take another course offered by the company. In the event of withdrawal, course fees already paid by the course participant will be refunded - if applicable, with credit for course documents already handed out. Further claims for damages on the part of the course participant for this legal reason are excluded.
- 8.1 If the course participant does not pass the examinations required for the intended certification after taking part in the course, he/she is entitled to take the course again. The renewed course enrolment is only possible within a maximum of 12 months following the original course start date and only if course places/courses are available. If the course or a course version is no longer offered in the course of changes to the course product, the entitlement to repeat the course is only valid until the last course date offered for the product version attended.
In the case of renewed course enrolment, the costs to be paid are limited to the following items:
- the Exam fees
- the costs for accommodation and meals
- in the case of VMware and Cisco courses: costs for the use of the (digital) course materials and the lab/exercise environment
- 8.2 The company is nevertheless entitled to refuse renewed course participation if the seminar participant has failed the originally booked course for reasons not excused by the company, has violated general principles of conduct in dealing with course instructors or other seminar participants, or the failed final examination is demonstrably due to the seminar participant's lack of willingness to cooperate.
8.3 The performance guarantee is a free additional service provided by the company. In principle, it only applies when registering for a public Firebrand course. It does not apply to customer-specific courses/course dates or company seminars. Re-enrolment is only valid for the same course. It does not entitle you to re-attend a newer version of the course.
- 9.1 Additional or deviating agreements must be in writing. This also applies to the waiver of the written form requirement, unless the company confirms the deviating agreement in writing.
- 9.2 All clauses of the general terms and conditions conclusively regulate the contractual relations of the parties and replace - as far as legally permissible - all previous agreements or promises, unless their validity is expressly confirmed in writing by the company.
- 9.3 Neither the delayed assertion of rights arising from these General Terms and Conditions nor the waiver of the enforcement thereof in individual cases shall constitute an implied amendment of the General Terms and Conditions or a waiver thereof on the part of the Company.
- 9.4 Should any of the above terms and conditions be or become invalid, the validity of the remaining terms and conditions shall not be affected thereby. In this case, the ineffective condition shall be replaced by a condition which corresponds to the intended economic purpose in a legally permissible manner.
- 9.5 The Company shall store the Client's data in electronic form for the duration of the contractual relationship. It undertakes to comply with all data protection regulations applicable in the Federal Republic of Germany. In particular, the stored data of the seminar participant shall not be made accessible to third parties without the explicit consent of the seminar participant.
- 9.6 The place of jurisdiction for all contracting parties shall be, as far as legally permissible, the registered office of the company (head office) in the Federal Republic of Germany. German law shall apply. The contractual language is German.