Terms & Conditions

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Terms & Conditions

The following Terms and Conditions shall apply to all business relations between the Customer and T.H.E. GmbH, hereinafter referred to as Contractor.

Definitions

Customer – Any individual or company who ought to receive the services from the Contractor

Training – Any training that is provided by the Contractor based on GWO, DGUV and IRATA standards

GWO – Global Wind Organization

DGUV – Deutsche Gesetzliche Unfallversicherung

IRATA – International Rope Access Trade Association

General

The following Terms and Conditions for training shall apply to all business relationships between the Customer and the Contractor.

These terms and condition are accepted by the customer automatically on the confirmation of booking of a training by the Customer.

The Contractor undertakes that he is duly licensed (as applicable) and has the qualifications, the experience, and the ability to properly perform the services.

The Contractor shall use its best efforts to train the Customer in theory and in practice in compliance with the respective course standards.

Offer, Acceptance and Conclusion of Contract

The contract is concluded exclusively via the booking portal on the website of Contractor. By registering via this booking portal, the Customer submits a binding offer. The contract shall only be concluded upon Contractor’s written confirmation following this binding registration. If an offer by the Customer is made by e-mail or similar means, a contract shall likewise only come into existence upon written confirmation by Contractor.

Within the scope of the confirmation e-mail, the Customer shall receive the essential contents of the Course registration and his personal data as stored in the system. The Customer is obliged to check these immediately for correctness and to report any inaccuracies without delay, at the latest within 7 days. Contractor will charge administrative expenses and costs for any subsequent corrections.

In the event of a group registration, Contractor shall conclude a participation agreement for the group with the person authorized to represent the Customers. This is also binding. The person authorized to represent the Customer who has made the binding group registration shall be personally liable for payment of the entire course price for the entire group.

The Customer is obligated to provide only truthful information in the booking portal for himself and, if applicable, the registered group. Furthermore, he/she shall ensure that he/she can be reached at the e-mail address provided by him/her until the end of the Course and that he/she checks the e-mails at least every 48 hours for new entries from Contractor.

Contractor reserves the right to cancel or terminate the course up to one week prior to the start of the course after exhausting all possibilities if this is not reasonable because the booking volume for this course is so low that the costs incurred in relation to this course would mean exceeding the economic sacrifice limit. In the event of cancellation by Contractor, the Customer shall receive a full refund and payment of the Course Fee.

Contract duration and payment conditions

The contract begins at the specific and individually agreed time. A postponement is only possible with the settled agreement of all Customers and the corresponding instructors.

The course fee is based on the current price list of Contractor at the time of conclusion of the contract. These can either be taken from the booking portal or requested by telephone. The full course fee is due upon course registration. Unless expressly agreed otherwise, the Customer will receive an invoice shortly after registration, which must be credited to Contractor’s bank account no later than 10 days prior to the start of the Course. All invoices have a maximum payment term of 10 days.

The course fees include course fees, training documents, examination fees and, if the examination is passed, a corresponding proof in the form of a certificate. Costs for replacement certificates resulting from incorrect information (including spelling mistakes) provided during registration are to be borne by the Customer.

Complete rental equipment - if necessary, for the course - will be provided by Contractor free of charge for the duration of the course. This refers to special equipment for the respective training modules. In principle, the Customer must bring his/her own work clothing, safety shoes, safety helmet and work gloves.

If the payment dates are exceeded, Contractor shall be entitled to default interest in the amount of 5 percentage points above the applicable base interest rate of the EZV without further reminder. The right to claim damages in excess thereof shall remain unaffected.

As long as a Customer is in arrears with the course payment or with the proper return of rental equipment, the certificates or credentials obtained will not be handed over to the Customer and a right of retention will be asserted. Contractor reserves the right to exclude the Customer from the Course and to claim damages if payment is not made in due time before the beginning of the Course.

During the course, coffee and tea will be provided free of charge. For all courses longer than 4 hours and compact courses, lunch is included in the price. For individual bookings of modules that are only 4 hours, lunch is not included. Please let us know if any religious or personal preferences need to be considered for meals.

After successful completion of the course(s), the Customer will be given a paper certificate and for all courses according to GWO - if the required data is available (WINDA ID, for refresher trainings additionally the expiration date of the previous certificate) - an upload of the certificate and the participation data into the WINDA (GWO) database will take place. In addition, the Customer receives an entry in his safety logbook. If no safety logbook is available, we will be happy to issue one.

Services not used

The specified course dates are binding and must be adhered to by the Customer. Fixed and unattended dates - regardless of the reason and in case of illness of the Customer - can only be made up for an additional fee and after consultation and availability.

The one-time or repeated non-charging of additional units of any kind whatsoever is purely an act of goodwill on the part of Contractor and does not imply any future claim on the part of the Customer or any amendment to the contract.

If the Customer cancels or fails to attend the Course - for whatever reason and also in the event of illness of the Customer - Contractor’s claim to the Course Fee shall remain in full. Refunds or reductions of the Course price shall be made by Contractor purely as a gesture of goodwill and without any provision for the future.

In the event of cancellation of the Course after registration has been completed, Contractor will charge a flat cancellation fee of 20 percent of the Course price. However, Contractor shall be free to claim damages in excess thereof.

The primary and decisive objective of Contractor is the achievement of the training objective for the Customer, considering safety-relevant aspects and the relevant statutory provisions and regulations. Customers undertake to treat the classrooms, inventory, learning materials, loan materials, etc. provided to them with care and to follow the instructions of the lecturers, trainers, and instructors of Contractor. The operating instructions and in-house rules of Contractor are a binding requirement.

General conditions of participation

The instructor is authorized to give instructions to the Customer for the duration and within the scope of the course. The Customer is obliged to follow the instructions of the lecturer or his assistant.

The Customer shall be deemed to be in breach of contract if, notwithstanding a warning, he/she persistently disrupts the Course or if he/she behaves in a manner substantially contrary to good morals, so that a smooth running of the Course cannot be guaranteed. In this case Contractor reserves the right to exclude the Customer from the Course. In this case, the Customer shall not be entitled to a refund of the Course fee.

During the training, the Customer undertakes not to be under the influence of alcohol, medication or other narcotics that may impair the ability to react and the physical well-being. In the event of violations of this obligation, the instructor shall be entitled to exclude the Customer from further participation in the Course. Contractor’s claim to the full course price shall then remain unaffected.

In the event of recognizable health / psychological problems, the lecturer shall be entitled to exclude the Customer concerned from the Course. Contractor’s claim to the full course price shall then remain in effect.

The Customer is responsible for fulfilling all participation requirements of the respective Course prior to the Course. If the Customer requires assistance in this regard, it may contact Contractor prior to booking. If the Customer does not meet all participation requirements at the beginning of the Course, participation in the Course will not be possible. The course price will not be refunded.

The minimum age for participation is 18 years. All modules require physical resilience due to practical exercises. The Customer must not have any health restrictions, especially cardiovascular diseases. The Customer signs a medical self-disclosure on the first day of the training.

The respective course is concluded with an examination or certification. The provider does not guarantee the successful completion of the course. If the course Customer does not pass the offered examination, no certification will take place. A fee-based re-examination can be taken at the provider’s premises. In the event of a failed examination, there is no entitlement to reimbursement of the course and examination costs.

The course content, course titles and course documents, in particular scripts and presentations, may only be reproduced or used for holding events with written permission. Photographs or film recordings and their publication in print media, on the Internet (incl. social networks such as Facebook, etc.) generally require the permission of Contractor and the persons depicted/recorded. This applies equally to photographs or film recordings which show set-ups or installations of any kind in our training facilities. Should recordings be made contrary to this agreement, the image or sound material shall become our property against reimbursement of the material costs. All rights to visual and audio material shall remain with Contractor. Contractor reserves the right to take further legal action and to assert claims for damages.

Rental equipment

Contractor shall provide the Customer with rental equipment for the course, if necessary, free of charge. Participation with own equipment is only possible with separate agreement. The agreed rental period is expressly limited to the course period.

Before being handed over to the Customer, the rental equipment will be checked for proper functioning and completeness and inspected by the Customer and Contractor. By receiving the rental equipment, the Customer acknowledges that it is in perfect condition and in proper working order. Subsequent complaints regarding the condition of the rental equipment are excluded.

Upon receipt of the rental equipment, the Customer is responsible for the proper use and care of the rental equipment. The use of the rental equipment is generally at the Customer’s own risk. Contractor shall be liable to the extent and within the scope of the provisions set forth in these General Terms and Conditions.

The transfer of the Equipment or individual parts thereof to third parties is expressly prohibited.

The Customer is liable for ensuring that the rental equipment is returned to Contractor in the same, proper, and complete condition after use. The Customer also undertakes to return the Rental Equipment to Contractor in a clean condition.

The Rental Equipment, including all accessories, shall remain the unrestricted and non-alienable property of Contractor for the entire rental period.

The Lessee shall be liable, irrespective of fault, for any kind of damage caused to the rental equipment.

If the rental equipment is returned to the lessor dirty, the lessor is entitled to charge the lessee for cleaning on an hourly basis. An amount of 25, - € per 30 minutes or part thereof is agreed.

Miscellaneous

All prices are in EURO, unless otherwise stated.

Price and performance specifications as well as other declarations or assurances shall only be binding on Contractor if they have been submitted or confirmed by it in writing.

The agreed prices shall only apply to the respective contract concluded.

If the Customer is a businessperson, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this Agreement shall be Witten. The same shall apply if the Customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if the Customer’s place of residence or habitual abode is unknown at the time the action is brought. This shall not affect Contractor’s right to bring an action before the court of another statutory place of jurisdiction.

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