General terms and conditions FOR THE SECOND MOUNTAIN GMBH
1. scope of application, exclusive validity, amendments to the terms and conditions
1.1 Alephant House GmbH, represented by Managing Director Wolfgang Geramb, Friedensallee 49, 22765 Hamburg, https://www.alephants.org/ (hereinafter referred to as "Alephant") offers workshops, seminars, events, mentoring and consulting services.
1.2 Alephant's offer is primarily aimed at entrepreneurs, but in individual cases also at consumers. An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is any natural or legal person or partnership with legal capacity that acts in the exercise of a commercial or independent professional activity when concluding a contract. According to § 13 BGB, a consumer is any natural person who makes use of our services for a purpose that is not predominantly attributable to their commercial or independent professional activity.
1.3 These General Terms and Conditions (GTC) are an integral part of the contract and apply to all, including future, business relationships between Alephant and its customers. The GTC are accepted by you in full in the version valid at the time of conclusion of the contract. Any provisions deviating from these terms and conditions, in particular your own terms and conditions, are hereby rejected.
1.4 If Alephant updates these GTC, it will inform its customers of the new version without delay. The new GTC shall become part of the contract if the customer has agreed to them or does not object to the GTC within two weeks of notification of the update.
2. offer and conclusion of contract
2.1 A contract between Alephant and the customer is concluded through offer and acceptance.
2.2 If Alephant submits an offer, it is generally binding. A contract is concluded through the acceptance of the offer submitted by Alephant. An acceptance is deemed to have been declared if the customer or a vicarious agent of the customer confirms this offer in written or text form (e.g. by letter, fax, email) or verbally or if the customer or a vicarious agent of the customer makes a declaration through an implied action (e.g. the cooperation of the customer such as the completion of questionnaires or the sending of documents) or through the acceptance of a desired service.
2.3 If the customer submits an offer, the contract is concluded by Alephant accepting this offer.
2.4 The announcement of workshops, seminars, events, mentoring and consulting services on one of our websites and in our advertising materials does not constitute an offer in the legal sense. Contracts are usually concluded with us as follows:
a) If the customer has expressed an interest in services from Alephant (e.g. by telephone or by completing and submitting an online form on an Alephant website), we will send the customer a binding offer including these General Terms and Conditions.
b)The customer accepts this offer by sending a corresponding declaration to Alephant by e-mail, letter or fax or by any other means (e.g. via an online query).
2.5 A concluded contract is usually confirmed by Alephant by sending an order confirmation and/or the invoice by e-mail (if necessary also by fax or post).
3. general principles for the provision of services at events
3.1 Consulting services: Alephant provides consulting services, in particular for the corporate, strategic and personal development of the customer. The object and scope of Alephant's consulting services are generally set out in an individual agreement. The consulting services provided by Alephant are services in accordance with §§ 611 ff. BGB (GERMAN CIVIL CODE). Unless expressly agreed otherwise, Alephant does not owe any kind of consulting success with regard to the consulting services provided.
3.2 Events (workshops, seminars, etc.): The details of the service provision (topic, location, date, time, etc.) are listed in the event description, in the offer or in the order confirmation. We reserve the right to make changes, in particular to the program and the speaker(s). In the case of events with a limited number of places, participation will be considered in the order in which registrations are received. Please note in particular that our workshops, seminars and events do not always take place at the same location. The respective event locations are indicated in the event description or in the registration confirmation. The selection, preparation and communication of the event content is the sole responsibility of Alephant or the speaker provided by Alephant.
3.3 Digital events (workshops, seminars, etc.) or hybrid events (online and offline): The details of the service provision (topic, date, time, etc.) are listed in the event description or in the order confirmation. We reserve the right to make changes, in particular to the program and the speaker(s). In the case of events with a limited number of places, participation will be considered in the order in which registrations are received. If an event or part of an event takes place digitally, it is solely up to Alephant to decide whether it will be held via Zoom, Teams, Skype, telephone or another video conferencing provider. Alephant will inform the customer in good time in advance of the method by which the digital event or the digital part of the event will be provided. The customer is responsible for providing the necessary and operational hardware and software.
3.4 Events (workshops, seminars, etc.) with travel: Some of our events are accompanied by travel for the participants. The details of the service provision (topic, date, time, etc.) are listed in the event description or in the order confirmation. We reserve the right to make changes, in particular to the program and the speaker(s). The booking of the event and the associated remuneration from Alephant expressly does not include any travel services (e.g. accommodation, travel). Alephant therefore does not act as a tour operator within the meaning of § 651a BGB. Rather, the customer must book the desired travel services for such an event separately and on their own responsibility. However, Alephant can recommend a partner company that offers the required travel services. The customer decides whether to conclude a separate contract with this company for the travel services or whether to organize the trip elsewhere.
3.5 You may receive training materials from us as part of the contractual services. These are exclusively materials that serve your self-study and the consolidation of the contents taught. You are expressly prohibited from reproducing, distributing, making publicly accessible, editing and/or using these documents or parts thereof for your own events. This also applies to materials, Miro Boards and videos to which you receive access from us during online courses.
3.6 We would like to point out that we make video recordings (image and sound) of individual analog and digital events in which you may be seen as a participant. By participating in such an event, you agree that we may also make video recordings of you and make them publicly available to other participants of the event free of charge and without restriction in terms of time, place and content on the Internet, in particular via one of our websites (www.alephants.org, thesecondmountain.com) and our own social media profiles, publicly present them and/or reproduce, distribute and evaluate them on image and sound carriers (e.g. DVD). If you do not agree, please inform us of this at the event or take part in online formats without video.
4. participation fee/remuneration
4.1 The participation fee for events or the remuneration for other services provided by Alephant by the customer is based on the respective contractual agreement and is quoted in EURO plus the statutory sales tax or VAT.
4.2 Payment must be made at the latest within 10 days of invoicing or up to 3 days before the start of the event (whichever is earlier), unless otherwise agreed. Receipt of payment in Alephant's account (ALEPHANT HOUSE GmbH, DE53 2005 0550 1238 1721 65, HASP DE HH XXX) shall be decisive for the timeliness of payment.
4.3 The customer can only offset against Alephant's claims if his counterclaim is undisputed or a legally binding title exists. Furthermore, the customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
4.4 If the participation fee for an event is not paid on time or in full, Alephant is entitled to withdraw from the contract in order to be able to allocate the places for the event elsewhere. Any (advance) payments already made by you will be refunded minus a processing fee of €10. The customer shall be entitled to prove that the expenses incurred in this respect were not incurred or were not incurred in this amount. The right to assert further claims for damages (cancellation, chargeback fees, etc.) remains reserved.
5. cancellation and postponement of events, termination by the customer
5.1 In the event of illness or other exceptional circumstances within the sphere of Alephant, Alephant is entitled to cancel or postpone the event at its own discretion or - if possible - to implement it digitally. The contract concluded by the customer shall remain valid for the rescheduled date/digital implementation. Alephant also reserves the right to cancel an event in the event that the required minimum number of participants is not reached. Alephant is obliged to inform the registered participants immediately in text form (letter, email or fax) of the cancellation, postponement or digital implementation of an event.
5.2 In the event of a cancellation without a rescheduled date or digital implementation, Alephant shall immediately reimburse the customer for any participation fee already paid. However, in the event of a postponement or alternative digital implementation, the customer is entitled to withdraw from the contract within 7 days of being informed of the cancellation, postponement or digital implementation (see section 5.1) by post, fax or email. Decisive for compliance with the deadline is the receipt of your declaration of withdrawal by us. Payments already made will be refunded in the event of withdrawal within the deadline.
5.4 A concluded contract is binding and cannot be terminated or canceled unilaterally by the customer. Your declaration that you no longer wish or are no longer able to participate in an event, seminar, workshop, etc. does not release you from your contractual obligation to pay the participation fee or the agreed remuneration. Any participation fee/remuneration already paid will not be refunded. However, you have the right to nominate a substitute participant for events.
5.5 Notwithstanding the provision in clause 5.4, the customer may unilaterally terminate or cancel a contract relating to an event that is associated with a trip (clause 3.4) subject to the following conditions:
If the contract is terminated no later than 30 days before the date of the event, Alephant shall not receive any remuneration in accordance with Section 4.
If the contract is terminated less than 30 days and no later than 15 days before the date of the event, Alephant shall receive 50% of the agreed or accrued remuneration in accordance with Section 4.
If the contract is terminated less than 15 days and no later than 7 days before the date of the event, Alephant shall receive 75% of the agreed or accrued remuneration in accordance with Section 4.
If the contract is terminated less than 7 days before the date of the event, Alephant shall receive 90% of the agreed or accrued remuneration in accordance with Section 4.
Notice of termination must be given in text form (letter, fax, e-mail). The timeliness of the termination is determined by the receipt of the termination letter by Alephant. Alephant will reimburse any excess remuneration paid. If, at the time of termination, costs have arisen from contractual obligations to third-party companies that cannot be reversed or cannot be reversed in full, these shall be borne by the customer on a pro rata basis. If necessary, the customer must terminate the contracts concluded separately by the customer with regard to the travel services with their respective contractual partner. We would like to point out that a termination vis-à-vis the customer's contractual partner with regard to the travel services does not simultaneously constitute a termination vis-à-vis Alephant regarding the event services.
6. force majeure
The parties shall not be liable for loss, damage, non-performance or delayed performance of their contractual obligations if these are caused directly or indirectly by force majeure or other events that were unforeseeable at the time the contract was concluded and for which the affected party is not responsible. Force majeure is an external, unforeseeable event that cannot be averted or cannot be averted in good time even by exercising reasonable care and using technically and economically reasonable means. These include, in particular, natural disasters, terrorist attacks, power failures, epidemics/pandemics, official orders, statutory provisions or measures by governments or authorities. Other unforeseeable events include, in particular, strikes and lockouts. If the force majeure or other unforeseeable event is not only of a temporary duration (at least three (3) months), the parties are entitled to withdraw from the contract. Clause 5.3 shall apply accordingly. Any participation fee/remuneration already paid shall be refunded to the customer. Otherwise, the parties shall each bear their own costs incurred. Any further claims for damages are excluded.
7. impact of the Covid-19 pandemic on events
7.1 The provisions of Section 6 shall not apply to losses, damages, non-performance or delayed performance with regard to Alephant events due to the Covid-19 pandemic. Instead, the provisions of Clauses 7.2-7.5 below shall apply.
7.2 The spread of the novel SARS-CoV-2 virus (COVID-19 pandemic) has led to considerable restrictions on public life and the economy. On the basis of various general decrees and event bans, the majority of all planned events had to be canceled in the past. However, Alephant has decided to organize and hold events in the coming months. Alephant would like to point out that the situation is dynamic and can change on a daily basis. Alephant does not know what the infection situation will look like on the date of each event. However, Alephant will make every effort to ensure that events are adapted to the specific situation.
7.3 By concluding the contract and confirming these GTC, the customer agrees to participate and cooperate in a pandemic-compliant event implementation. Alephant has developed a hygiene concept for its events that implements the official requirements for events. This includes special measures to protect all participants, speakers and employees at the event venue, and in particular includes hygiene and distancing regulations. The customer acknowledges that he must comply with these measures in order to gain access to the event. The customer is aware that the hygiene concept is subject to restrictions.
7.4 Attendance at an event is reserved exclusively for participants who are not infected with COVID-19. By attending an event, the customer assures to the best of their knowledge and belief that they are not infected with the Sars-Cov2 virus on the date of the event and do not have any COVID-19 symptoms (in particular fever, dry cough and breathing problems). The customer must provide proof of this by submitting a negative corona test, if necessary, after being requested to do so by Alephant in good time. Attendance at an event is otherwise at the customer's own health risk with regard to possible infection with COVID-19.
7.5 Alephant endeavors to hold its events even under adverse circumstances. However, due to the COVID-19 pandemic, it may happen that an event has to be canceled or canceled by Alephant, an authority or a court or cannot take place. In the aforementioned cases, Alephant will endeavor to postpone the event to another date. The contract concluded by the customer shall remain valid for the rescheduled date. If the customer cannot or does not wish to attend the rescheduled date, they are free to withdraw from the contract. Alephant will then refund any payments already made.
7.6 Alephant asks the customer to consider in advance what expenses they will incur in connection with attending an event and whether they will need to travel to another city for an event during the COVID-19 pandemic. The customer acknowledges that any accommodation and travel bookings are made at their own risk and expense in the knowledge of the uncertainties caused by the COVID-19 pandemic.
8. liability
8.1 Alephant shall only be liable - irrespective of the legal grounds - if the damage
by culpable breach of a material contractual obligation or material ancillary obligations in a manner that jeopardizes the achievement of the purpose of the contract or
has been caused by gross negligence or intent on the part of Alephant.
8.2 If Alephant is liable in accordance with section 8.1 a.) for the breach of an essential contractual obligation without gross negligence or intent, the liability is limited to the extent of damages that Alephant could typically expect at the time of the conclusion of the contract due to the circumstances known to Alephant at that time. This applies in the same way to damages caused by gross negligence or intent on the part of employees or agents of Alephant. Liability for consequential damages, in particular for loss of profit or compensation for third party damages, is excluded, unless Alephant is guilty of intent or gross negligence.
8.3 Claims for damages under the Product Liability Act and for damages resulting from injury to life, limb or health remain unaffected by the above limitations of liability.
8.4 The above limitations of liability shall also apply in favor of any legal representatives and vicarious agents of Alephant.
8.5 Alephant is liable - insofar as the customer is an entrepreneur - for a maximum period of one year since the breach of duty was established.
9. revocation instruction
9.1 If the customer concludes a contract with Alephant as a consumer, he/she is generally entitled to a statutory right of withdrawal, about which we provide information below in accordance with the statutory model. A sample withdrawal form can be found in Section 9.2.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform Alephant House GmbH, Friedensallee 49, 22765 Hamburg, E-Mail: service@alephants.org, Phone: +49 160 902 944 36 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
9.2 Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
To the
The Second Mountain
Address: Friedensallee 49, 22765 Hamburg
E-mail: service@alephants.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date
(*) Delete as appropriate
9.3 Exclusion or premature expiry of the right of withdrawal. There is no right of withdrawal if:
for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision (Section 312g No. 9 BGB)
the performance of the service has only begun after the consumer has given his express consent and at the same time confirmed his knowledge that he loses his right of withdrawal upon complete fulfillment of the contract by the entrepreneur and the entrepreneur has provided the service in full (§ 356 para. 4 BGB)
10. reference advertising
The customer agrees that Alephant - following prior agreement between the parties - may use his/her name and logo free of charge and without restriction in terms of time and place on the website https://www.alephants.org/ and in its advertising materials (flyers, brochures, etc.) in order to provide information about the provision of services or cooperation and to use it for advertising purposes.
11. data protection
11.1 When handling your personal data, we comply with all provisions of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). We are entitled to collect, process and use all data relating to the business relationship with you in compliance with these laws. The processing of the customer's personal data takes place primarily for the conclusion, fulfillment, execution and processing of the contracts concluded between Alephant and the customer.
11.2 Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in our privacy policy on our website.
12. information on alternative dispute resolution
EU platform for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/. For consumer disputes with us, the consumer dispute resolution body Online-Schlichter. Center for European Consumer Protection e.V., Bahnhofsplatz 3, 77694 Kehl, www.online-schlichter.de responsible. However, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13. choice of law, place of jurisdiction
To the extent permitted by law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of fulfillment and jurisdiction is the registered office of Alephant.
Status: March 2021