General Terms and Conditions for Trainings

Please note: this is a courtesy translation of our General Terms and Conditions, to facilitate their understanding for our contractual partners and participants of our trainings, workshops, seminars and other events. We have created this courtesy translation with the best of our knowledge and language skills, with the intention to present you a faithful and concise translation to the German language version of our General Terms and Conditions. However, the contractual language we use remains German and we will enter into Agreements exclusively using the German language version of our General Terms and Conditions. In case of any inconsistency between the German language version and this English language version of our General Terms and Conditions, the German language version shall, at all times, prevail.

1. General Provisions

1.1 These General Terms and Conditions apply to all trainings, training courses, conferences, workshops, seminars and all other events organised by Akademie für Konflikttransformation (Academy for Conflict Transformation) or the Forum Ziviler Friedensdienst (Forum Civil Peace Service) (hereinafter referred to as “Training” or “Trainings”).

1.2 The provider of the Trainings is Forum Ziviler Friedensdienst e. V., Am Kölner Brett 8, 50825 Cologne, Germany; Tel: +49 (0)221 91 27 32 0; email: kontakt@forumZFD.de (hereinafter referred to as “forumZFD” or “we”).

1.3 “Contractual Partner” means the person or company registering for a Training. A “Participant” is the natural person named by the Contractual Partner at the time of registration who is entitled to attend the Training.

1.4 We will announce our Trainings by means of notices, advertisements or on our website, in which we will in particular provide information on the time, place and any special conditions of participation; upon request, we will also provide specific offers for the implementation of a Training (all such documents hereinafter referred to as “Training Notices”).

1.5 We conduct our Trainings exclusively on the basis of these General Terms and Conditions (hereinafter referred to as “GTC”) and the special contractual terms and conditions specified in our Training Notices. In the event of a conflict between a Training Notice and the GTC, the provisions of the Training Notice shall prevail over the provisions of the GTC. Deviating terms and conditions of the Contractual Partner shall only apply if we have expressly accepted them in writing.

1.6 Please note that for contractual purposes other than participation in Trainings, other forumZFD terms and conditions may apply. In particular, we have different terms and conditions for purchases from our web shop. 

2. Our Services

2.1 The purpose of our Trainings is to further the education of the Participants as well as the exchange of ideas and opinions between the speakers and the Participants. This naturally includes the communication and reproduction of subjective, personal assessments, methods and forecasts of all persons involved, in particular the speakers.

2.2 Our Trainings can only ever be an impetus, an accompaniment or a support for the Participants' own actions. Therefore, we cannot and do not want to promise that the Participants will actually achieve a desired goal as a result of their participation in the Training. We owe the provision of the agreed services, but not the occurrence of a specific, personal or economic success. Nor do we owe any work, even if and to the extent that materials, concepts, presentations, consulting documents or other accompanying documents are made available to Participants in the course of the Trainings.

2.3 For some of our Trainings, we provide Participants with a certificate upon successful completion. The certificate lists the content of the training and the qualifications acquired during participation. The certificate is known to the sending organisations within the Civil Peace Service (Ziviler Friedensdienst) as well as to many organisations in the field of conflict-sensitive development cooperation. However, the certificate is not a state-recognised or academic qualification; it is not awarded on the basis of an externally defined quality standard.

2.4 All Training Notices are subject to change at any time. In most cases, only a limited number of people can attend a Training. We reserve the right not to accept applications.

2.5 We reserve the right to cancel or postpone Trainings and to change the topics and/or speakers of Trainings. This applies in particular in the event of unforeseeable circumstances beyond our control (e.g. force majeure, pandemic, illness of speakers). In the event of changes to the time and place of a Training, as well as significant changes to the content of a Training, we will take the needs and expectations of Participants into account as far as possible and communicate these timely. However, if the such changes are unreasonable and, thus, unacceptable for the Participant(s), section 10.3 of these GTC shall apply.

2.6 The scope of a Training is described in the Training Notice. Services that are not listed as binding in the Training Notice are not part of our services. This applies in particular to travel, accommodation and catering for Trainings which take place in person.

3. Trainings: requests and registration

3.1 Our presentation of events on our website does not constitute a legally binding offer, but a non-binding overview of our events.

3.2 In the Training Notices, we will always provide our contact details, usually using a form on our website or an email address. If you would like to attend a Training, you can send us a request using the contact details provided, stating that you would like to attend the Training. If you contact us through a form on our website, you send your binding request by clicking on the “Submit” button (if on the German website: “Anmelden”).

3.3 The following rules apply when you make a binding registration for a Training:

3.3.1 By sending us a request, this constitutes your offer to enter into an agreement with us to attend the Training on the terms and conditions set forth in the Training Notice. We will promptly acknowledge receipt of this request by email. This email does not constitute a binding acceptance of the registration.

3.3.2 Please note that we may require further information and documents from you in order to properly process your request. If these are not provided, we might request them from you, but we are under no obligation to do so.

3.3.3 Upon receipt of your request, we will review your data and the information you have provided. We will accept your offer within seven days by sending you an express confirmation of acceptance, including an invoice, usually by email. The contract for attendance will be deemed to have been entered into upon our acceptance.

3.4 The following rules apply when you initially apply for an event in writing:

3.4.1 By sending us your application, you are bindingly offering to enter into an agreement with us to attend the Training on the terms and conditions set forth in the Training Notice. We will acknowledge receipt of this application in due course by email. This email does not constitute a binding acceptance of the application.

3.4.2 Please note that we may require further information and documents from you in order to properly process your application. If these are not provided, we might request them from you, but we are under no obligation to do so.

3.4.3 Upon receipt of your application, we will review your data and the information you have provided. We will then contact you by email and send you a binding contract for attendance, these GTC and the Training Notice as a downloadable file.

3.4.4 The contract for attendance shall be deemed to have been entered into when both parties have returned a signed contract to us by email.

4. Right of withdrawal

4.1 If the contracting party is a consumer, i.e. a natural person who concludes the contract for participation in a Training for purposes which can be attributed predominantly neither to his/her commercial nor his/her self-employed professional activity, he/she shall be entitled to the statutory right of withdrawal described below:

4.2 You may, but are not obliged to, use the following form to notify us of your withdrawal:

5. Trainings: Conduct

5.1 We hold our Trainings either in person and/or online.

5.2 Our Trainings will take place on the dates specified by us and set out in the Training Notice. In the case of multi-session Trainings, the Training will start on the day of the first session.

5.3 Some of our online Trainings are designed in such a way that Participants may use online learning resources (e.g. content provided via a learning platform we employ) on their own initiative and according to their own schedule. In the case of such events, the Training shall commence with the transmission of the access data for the online learning resources to the Contractual Partner or Participant, even if the first lesson of the Training takes place at a later date.

5.4 It is the Participants’ responsibility to arrive on time in order to take part in Trainings. The cost of travel to and from the location of the Training shall always be borne by the Contractual Partner or the Participant.

5.5 In the case of online Trainings, we may use third party technologies, such as Zoom or BigBlueButton, in consultation with the Participants. The use of these technologies requires that the Participants also make use of these technologies, e.g. via a browser or a proprietary application of the provider of such technology. Please note the use of such technology usually requires a licence agreement between the Participant (i.e. you) and the technology provider. The Contractual Partner and the Participant will familiarise themselves with the contractual terms and conditions of the technology provider timely before the start of the Training.

6. Participation of the Participant

6.1 The Contractual Partner and the Participants acknowledge that a successful Training depends on the appropriate cooperation and support of the Participants. This includes, in particular, the timely submission of documents as defined in section 3.2, the timely arrival (including the fulfilment of the prerequisites for arrival, such as obtaining a visa) and, in the case of online Trainings, in particular the provision of the technical prerequisites, i.e. suitable hardware and software, as well as a sufficiently fast and stable internet connection.

6.2 The Contractual Partner and the Participant undertake to provide all the cooperation and support necessary for the Training to take place timely; if necessary, the Contractual Partner shall instruct the Participant to provide all the cooperation and support necessary for the Training to take place timely.

6.3 The Contractual Partner and the Participant acknowledge that respectful and appreciative personal interaction and the observance of mutually agreed upon rules of conversation are indispensable as an act of participation, particularly in the context of Trainings in which group work is carried out. We reserve the right to exclude individual Participants from Trainings who disrupt the work processes of the Trainings after prior notification and/or to terminate the Training contract immediately without notice.

7. Fees for participation

7.1 Participation in our Trainings is, in most cases, subject to a fee. The participation fee is stated in the Training Notice.

7.2 Participation fees are generally exclusive of value added tax or any statutory value added tax, if and to the extent that such tax is due. However, our Trainings are, in many cases, not taxable. We will always show the total price in our Training Notices and our invoices will always show any tax due or any tax exemption.

7.3 The participation fee is due within 10 days of the invoice date, but no later than the day before the Training begins.

7.4 The Contractual Partner shall be in default - even without a reminder - if he/she does not make payment within 30 days of the due date and receipt of an invoice and has been expressly informed of this consequence in the invoice.

7.5 If the Contractual Partner fails to pay the participation fee at the latest on the day before the start of the Training, contrary to the obligation in section 7.3, forumZFD is entitled to terminate the contract in accordance with section 10.3(a).

8. Contents of the Trainings

8.1 All materials, concepts, presentations, documents or other papers (hereinafter referred to as “Materials”) prepared by us and made available to Participants at or for a Training are protected by law. In particular, the Materials shown during Trainings are protected by copyright. Our Materials may not be reproduced in whole or in part, published, distributed, translated, electronically processed or used in any other way. Private, non-commercial use is permitted to Participants within the framework of applicable law.

8.2 If the Contractual Partner and/or Participants wish to use forumZFD Materials commercially, for example for their own training courses or documents, necessary permission may be granted upon request. Please contact us for this purpose. We will consider any request sympathetically, but are not obliged to grant permission.

9. Data protection

9.1 We take our obligations under data protection legislation seriously. We explain how we process personal data in our privacy policy. Our privacy policy can be found on our website.

9.2 forumZFD will process the personal data of Contractual Partners and Participants only for the purpose of fulfilling the contract, Article 6(1)(b) GDPR. For any processing going beyond this purpose, we will ask for consent in advance in accordance with Article 6(1)(a) GDPR, unless the conditions of another legal basis in accordance with Article 6 GDPR apply.

9.3 For the purposes of conducting online Trainings, we may, in consultation with the Participants, use technology provided by third parties, such as Zoom or BigBlueButton. The contracting party or participant acknowledges that the use of such technologies involves the processing of personal data by the technology provider; the Contractual Partner and Participant will familiarise themselves with the data processing and data protection provisions of the technology provider in good time before the start of the Training.

10. Termination

10.1 The contract concluded in accordance with these GTC shall be valid for the period stated in the offer.

10.2 The Contractual Partner may terminate the contract concluded with the inclusion of these GTC without giving reasons in accordance with the following provisions:

The Contractual Partner may terminate the contract free of charge up to four weeks before the start of the Training. If notice of cancellation is given within four weeks, but no later than 14 days before the agreed date, 20% of the agreed participation fee must be paid. If cancellation is made within 14 days, but no later than 5 days before the agreed date, 50% of the agreed participation fee must be paid. In the Training of cancellation within 4 days of the agreed date, the full participation fee shall be payable.

10.3 We may terminate the contract concluded on the basis of these GTC in accordance with the following provisions:

(a) If the contract is terminated for reasons for which the Contractual Partner or Participant is responsible, forumZFD is entitled to retain 100% of the participation fee. This applies in particular to cases in which the Contractual Partner or Participant does not fulfil his obligations to cooperate in accordance with section 6 of these General Terms and Conditions. forumZFD does not have to accept credit in such cases for what we acquire or refrain from acquiring through other use of freed-up resources.

(b) If the contract is terminated for reasons for which forumZFD is responsible, we shall only be entitled to a pro rata payment for services already rendered. The same applies to termination for reasons for which neither party is responsible. In such cases, forumZFD does not have to accept credit for what we acquire or refrain from acquiring through other use of the freed-up resources.

10.4 The right to extraordinary termination for good cause always remains unaffected.

10.5 Any termination must be in writing (email is sufficient).

10.6 The date of receipt of the notice of termination by forumZFD is decisive for the calculation of deadlines.

10.7 For reasons of clarity, it is agreed that any services already rendered by forumZFD prior to termination shall be fully remunerated in any case. Further, it is agreed that forumZFD is entitled to receive the Fees as agreed even if the Contractual Partner or the Participant fail to make use of the services agreed, e.g. due to illness of the Participant or lack of a visa required for travel.

10.8 The following right of termination shall apply to Trainings that are distance learning trainings within the meaning of the Fernunterrichtsschutzgesetz (FernUSG) in derogation of sections 10.2. to 10.7.:

10.8.1 The Contractual Partner or Participant may terminate the distance learning contract without giving reasons at the end of the first semester after the conclusion of the contract by giving six weeks' notice, and at any time after the end of the first semester by giving three months' notice.

10.8.2 The right to extraordinary termination for good cause remains unaffected.

10.8.3 Any termination must be in writing.

10.8.4 In the event of termination, the Contractual Partner or Participant shall pay only that part of the remuneration which corresponds to the value of the services provided by forumZFD during the term of the contract.

11. Liability

11.1 forumZFD shall carry out the Trainings with due diligence to the best of its knowledge and belief and on the basis of the information, data and experience available to forumZFD. However, it is the express understanding of the contracting parties that subjective, personal assessments, methods and forecasts are conveyed and presented within the Trainings. Whether and how the Contractual Partner and/or Participant will be able to use the information conveyed and presented during the Trainings in a beneficial way depends on numerous factors which lie outside the sphere of assessment and influence of forumZFD. Despite careful selection and regular review of the speakers, we do not accept any liability for the accuracy, topicality and completeness of the content presented at the Trainings.

11.2 Our liability for intent or gross negligence, for culpable injury to life, limb or health (personal injury), for the absence of warranted characteristics, from a guarantee or under the Product Liability Act is always unlimited.

11.3 With the exception of personal injury, we shall only be liable for minor negligence in the event of a breach of cardinal obligations (obligations the fulfilment of which is essential to the proper performance of the contract and the observance of which the Contractual Partner may regularly rely on), and liability shall then be limited to the damage typical for the contract and foreseeable at the time of conclusion of the contract. The foregoing limitation of liability shall also apply in favour of our organs, employees and agents.

12. Final provisions

12.1 Contractual language shall, at all times, be German. This English language version represents a non-binding courtesy translation of our GTC. We enter into Agreements exclusively using the German language version of our GTC. In case of any inconsistency between the German language version of the GTC and this English language version of our GTC, the German language version shall, at all times, prevail.

12.2 The contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the Contractual Partner is a natural person and has concluded the contract for a purpose that cannot be attributed to its professional or commercial activity, this shall not result in the Contractual Partner losing the protection of the statutory provisions of the country of its habitual residence, from which the contract may not deviate.

12.3 The exclusive place of jurisdiction shall be Cologne, Germany, if the Contractual Partner is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or has transferred its place of residence or habitual abode abroad after conclusion of the contract, or its place of residence or habitual abode is unknown at the time the action is brought.

12.4 The exclusive place of jurisdiction for disputes arising from a distance learning contract under the FernUSG or concerning the existence of such a contract shall be the court in whose district the Contracting Party or the Participant has his or her general place of jurisdiction.

12.5 If any part of this contract is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by mutual agreement by a provision that best achieves the desired economic purpose, taking into account the interests involved.

12.6 We hope and endeavour to always act in good faith with our business partners. However, we are obliged to point out that we are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Act on Alternative Dispute Resolution in Consumer Matters (Gesetz über die alternative Streitbeilegung in Verbrauchersachen – Verbraucherstreitbeilegungsgesetz).

12.7 For disputes arising from service contracts offered by electronic means, the European Commission provides a platform for online dispute resolution for consumers, which can be accessed at http://ec.europa.eu/consumers/odr/.