General terms and conditions with customer information

Table of contents

1. Scope of application, definitions
2. Services of the organizer
3. Conclusion of contract
4. Right of withdrawal for consumers
5. Prices and terms of payment
6. Eligibility, transfer of contract
7. Minimum number of participants
8. Change of the event
9. House rules
10. Liability
11. Contract term and termination
12. Applicable law
13. Place of jurisdiction
14. Alternative dispute resolution

1) Scope of application, definitions

1.1 These General Terms and Conditions (hereinafter "GTC") of Justice Mvemba, trading as "deSta- Dekoloniale Stadtführung" (hereinafter "Organizer"), apply to all contracts for participation in leisure courses (hereinafter "Events") that a consumer or entrepreneur (hereinafter "Participant") concludes with the Organizer with regard to the courses described on the Organizer's website. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2) Services of the organizer

2.1 The organizer only offers face-to-face events. The content of the event can be found in the respective course description on the organizer's website.

2.2 The organizer shall provide its services exclusively in personal contact with the participant and in premises selected by the participant for this purpose. Unless otherwise stated in the organizer's course description, the participant is not entitled to select a specific venue for the desired event.

2.3 The organizer shall provide its services using qualified personnel selected by it. The organizer may also make use of the services of third parties (subcontractors) who work on its behalf. Unless otherwise stated in the description or offer of the organizer, the participant has no claim to the selection of a specific person to carry out the desired event.

2.4 The organizer provides its services with the utmost care and to the best of its knowledge and belief. However, the organizer does not guarantee a specific outcome. In particular, the organizer does not guarantee that the participant will achieve a certain level of success or that the participant will reach a certain goal. This depends not least on the personal commitment and will of the participant, over which the organizer has no influence.

3) Conclusion of contract

3.1 The events described on the organizer's website do not constitute binding offers on the part of the organizer, but are intended for the submission of a binding offer by the participant.

3.2 The participant can submit his/her offer via the online registration form provided on the organizer's website. After entering their data in the registration form, the participant submits a legally binding contractual offer in relation to the selected event by clicking the button that concludes the registration process. Furthermore, the participant can also submit the offer to the organizer.

3.3 The organizer may accept the participant's offer within five days,

• by sending the participant a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), whereby the receipt of the confirmation of registration by the participant is decisive in this respect, or
• by requesting payment from the participant after he has submitted his contractual declaration.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the participant sends the offer and ends at the end of the fifth day following the sending of the offer. If the organizer does not accept the participant's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the participant is no longer bound by his declaration of intent. The same applies in the event that the event selected by the participant begins before the expiry of the acceptance period and the organizer does not accept the participant's offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 Before submitting a binding offer via the organizer's online registration form, participants can correct their entries at any time using the usual keyboard and mouse functions.

3.5 In the case of registration via the organizer's website, the text of the contract will be saved by the organizer after the contract has been concluded and sent to the participant in text form (e.g. email, fax or letter) after the order has been sent. The organizer will not make the text of the contract available beyond this.

3.6 The German language is available for the conclusion of the contract.

3.7 If the participant registers further participants for an event, he undertakes to be responsible for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration at the time of registration.

4) Right of withdrawal for consumers

In accordance with Section 312g (2) No. 9 BGB, consumers do not have a right of withdrawal 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 of services. A right of withdrawal is therefore excluded.

5) Prices and terms of payment

5.1 Unless otherwise stated in the organizer's offer, the prices quoted are total prices that include statutory VAT.

5.2 Costs for travel and meals are not included in the price and are to be borne by the participant, unless otherwise stated in the course description or the organizer's offer.

5.3 Necessary course material is to be procured by the participant and is not included in the price.

5.4 The payment options are communicated to the customer in the organizer's offer.

6) Eligibility to participate, transfer of contract

6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the organizer.

6.2 If a third party enters into the contract between the participant and the organizer, the participant and the organizer shall be jointly and severally liable for the participation fee and any additional costs incurred as a result of the entry of the third party.

7) Minimum number of participants

7.1 The organizer may specify a minimum number of participants for its courses. If a minimum number of participants is set, the organizer will expressly indicate this in the course description.

7.2 If the minimum number of participants is not reached, the organizer may withdraw from the contract by giving notice to the participant no later than seven days before the start of the course. The organizer shall send the participant his declaration of withdrawal immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the course. In the event of withdrawal, the organizer shall immediately refund any participation fee already paid by the participant.

8) Change of the event

The organizer reserves the right to change the time, place, person of the course instructor and/or content of the event, provided that the change is reasonable for the participants, taking into account the interests of the organizer. Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the organizer in bad faith are reasonable. The organizer shall inform the participant in good time of any changes to the time, place, instructor and/or content of the event.

9) House rules

9.1 The participant must observe the house rules applicable to the premises provided by the organizer. These will be brought to the participant's attention directly on the premises provided by the organizer.

9.2 Furthermore, the participant must follow the instructions of the organizer's staff.

10) Liability

The organizer shall be liable to the participant for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

10.1 The organizer is liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

10.2 If the organizer negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the participant may regularly rely.

10.3 Any further liability of the organizer is excluded.

10.4 The above liability regulations also apply with regard to the liability of the organizer for its vicarious agents and legal representatives.

11) Contract term and termination

11.1 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

An important reason is in particular:

• the provision of false personal data in order to conceal the true identity;
• insulting other course participants;
• the use of physical violence against other course participants;
• the consumption of intoxicants during the event;
• if the participant is in arrears with the payment of the participation fee or a not insignificant part of the participation fee for two consecutive dates;
• if the participant stops making payments in general;
• if enforcement proceedings have been initiated against all or a substantial part of the other party's assets or if there are grounds for the opening of insolvency proceedings against the other party, if such proceedings have been rejected for lack of assets, if insolvency proceedings have been applied for against the other party or if the other party has made an affidavit regarding its assets.

11.2 Cancellations must be made in writing or in text form (e.g. by e-mail).

12) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13) Place of jurisdiction

If the participant acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the organizer. If the participant is domiciled outside the territory of the Federal Republic of Germany, the place of business of the organizer shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the participant. In the above cases, however, the organizer is in any case entitled to appeal to the court at the participant's place of business.

14) Alternative dispute resolution

The organizer is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.