As per: 18 June 2020
1. INSTAND e.V. – Society for Promoting Quality Assurance in Medical Laboratories – organizes training courses in accordance with the association's statutes to promote public health and for the development and expansion of efficient laboratory medicine at home and abroad.
2. The content and scope of the services of INSTAND e.V. result from the description of the respective further education and training in the program booklet, from the provided information material or forms on the INSTAND e.V. homepage.
3. All teaching materials are protected by copyright. The participant is granted a single, non-transferable right of use exclusively for their benefit and the purpose of further education and training. Any dissemination or reproduction - even in part - is not permitted. Any use of the documents beyond the purpose of further education and training is only permitted with the approval of INSTAND e.V. The restrictions as mentioned above on the use of teaching materials also apply to sample material made available for training and other educational purposes.
4. When a training course includes the provision of sample material, it is a loan from INSTAND e.V., unless otherwise stated in the program, and must be returned to INSTAND e.V. after the event period. The return shipment is included in the participation fees within Germany, and for shipments abroad, additional fees may apply. If the material is not returned, a fee will be charged as stated in the program or the accompanying letter enclosed with the samples. Sample material may only be used for personal use for the purpose of further education and training, and it may not be passed on to third parties. Any applicable safety requirements must be heeded.
5. To participate in training courses, the participant has to send a legally binding registration signed by the participant to INSTAND e.V. or to register online via the INSTAND e.V. online platform. For trainings with personal certificates, a written registration via a registration form is mandatory. These registration forms will be made available by INSTAND e.V. in advance on the homepage.
6. The contract for the participation in a training course is concluded when INSTAND e.V. accepts the participant's registration for the respective event ("registration confirmation").
7. Participants whose registration cannot be attributed to their commercial or self-employed professional activity (§ 13 BGB) have the right to cancel the registration in writing or electronically within 14 days after receipt of the registration confirmation without giving any reasons. Cancellation fees will not be charged. To meet the deadline, it is sufficient to send the cancellation in time to the following address:
INSTAND e.V. – Society for Promoting Quality Assurance in Medical Laboratories
Ubierstr. 20, 40223 Duesseldorf
Participants may use the sample form attached as Annex 1 to these General Terms and Conditions to assert their right of revocation. In the event of revocation, course fees already paid will be refunded immediately and at the latest within 14 days of receipt of the registration confirmation issued by INSTAND e.V.. For the refund, the same means of payment will be used that the participant used for the payment, unless otherwise agreed. This right of revocation expires prematurely when the booked training event has taken place and the participant has taken part in it.
8. In the case of online training, the participant is obligated to keep the username and password for access to the online platform secret and to protect them against misuse by third parties. Activities that take place beyond the participant's access are the responsibility of the participant.
9. INSTAND e.V. is entitled to cancel or postpone the training before it begins if there are reasons that make it impossible to hold the training (e.g. the speakers cannot attend or force majeure) or if the number of registered participants is too low. INSTAND e.V. will inform the participant about this and try to offer a prompt alternative date for the realization of the event. If no alternative date can be offered, the participant will be refunded the full course fees. Further claims, in particular claims for damages, e.g. for the reimbursement of travel and accommodation costs, are excluded.
10. There is no right to compensation for a training course missed by the participant.
11. Meal costs are only included in the seminar fee if explicitly stated in the program or on the registration form or registration confirmation. Possible travel and accommodation costs are to be borne by the participant.
12. There is no entitlement to have a specific lecturer teach a course, and this also applies if this lecturer was announced by name in advance. INSTAND e.V. will ensure that all lecturers have the appropriate qualifications to adequately convey the training contents.
13. If the training includes an examination that can result in the receipt of a certificate, the participant must submit the examination results to INSTAND e.V. in writing or electronically in due time. Sending the examination results by fax is not permitted. IF the participant has taken part in the training course but has not submitted an examination performance in due time or has only submitted an insufficient examination performance, only a certificate of participation can be issued.
14. The fees for training courses are specified in the program and on the registration forms belonging to the event. All prices are exempt from VAT according to § 4 No. 22 letter a UStG because of scientific or instructional nature. INSTAND e.V. can refuse the participation in training courses and the issuance of the evaluation documents if the participant is in arrears with his payment obligations.
15. A fee-free cancellation of the training is only possible within the cancellation period stated in the program or on the registration confirmation. The cancellation must be received by INSTAND e.V. in Duesseldorf in written or electronic form by the registration deadline. Sending by fax is not permitted.
16. Invoicing takes place after the date on which the training course is carried out. Invoice amounts are due within 30 days after receipt of invoice.
17. A complaint is only possible within 4 weeks after receiving the evaluation documents (if such have been sent to the participant), or within 4 weeks after the training event has been held. After expiration of this period, claims of the participant due to a complaint are excluded.
18. In the event of a justified complaint for which INSTAND e.V. is responsible, either the invoice will not be issued or a substitute training course will be offered. The right of choice for this lies with INSTAND e.V.
19. Claims for damages - for whatever legal reason - against INSTAND e.V. due to negligent breaches of duty shall only exist if a material contractual obligation/cardinal responsibility has been violated. The liability is limited to typically foreseeable damages. Apart from that, liability is excluded - among others for accidents during arrival and departure and during the use and stay at the event location- for other personal injuries, property damage, and theft of objects brought along during the event period. These limitations do not apply to injury to life, limb or health and insofar as the damages are based on an intentional or grossly negligent breach of duty.
20. INSTAND e.V. complies with the Basic Data Protection Regulation and the Federal Data Protection Act. Details on data processing are listed in the privacy policy of INSTAND e.V.
21. The place of performance is the registered office of INSTAND e.V. in Düsseldorf.
22. The contract is subject to the law of the Federal Republic of Germany except for international private law and the UN Convention on Contracts for the International Sale of Goods.
23. If the participant is a merchant within the meaning of Section 1 (1) of the German Commercial Code, a legal entity (under public law) or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contract shall be Duesseldorf.
24. Unless otherwise expressly agreed in writing, these General Terms and Conditions shall apply exclusively to participation in INSTAND e.V. training courses. The participant's own general terms and conditions are not applicable, even if INSTAND e.V. has not objected to them in individual cases.
25. Should any provision of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of this contract. The same shall apply if and to the extent that a loophole should become apparent in this contract. In place of the invalid or unenforceable provision or in order to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes closest to or corresponds to what the contracting parties intended in economic terms or would have intended according to the meaning and purpose of this contract if they had considered this point. Above also applies if the invalidity of a provision is based, for example, on a scope of performance or time (deadline or date) provided for in this contract; in such cases, a legally permissible scope of performance or time (deadline or date) that comes as close as possible to what was intended in economic terms shall replace what was agreed.
Annex I: Sample Cancellation Form
To
INSTAND e.V. –
Society for Promoting
Quality Assurance
in Medical Laboratories
Ubierstr. 20, 40223 Düsseldorf, Germany
fortbildung@instand-ev.de
I/we hereby revoke the contract concluded by me/us for participation in the advanced training and/or continuing education event: ________________________
Ordered on:
Place/Date
Name and address of the participant:
Signature (only in case of written revocation)