Creating the FutureTerms & Conditions
The following general terms and conditions apply to the contractual relationship between Hector Fellow Academy gGmbH (hereinafter referred to as “HFA”) and the participant.
1. Registration and Confirmation of Registration
1.1 The contract is concluded when both parties have signed a contract document or when HFA confirms a registration in writing. Special admission or selection criteria remain unaffected.
1.2 Registration for events must be made in writing (e‑mail, fax or by mail).
1.3 If the number of registrations exceeds the capacity of an event, HFA reserves the right to hold a selection procedure.
2.1 The participant shall pay the costs of the event, regardless of whether any services by third parties are provided. Payment is due on the date stated on the invoice.
2.2 The participant may pay by bank transfer or by credit card. The participant shall bear the credit card costs.
2.3 Subject to the provision in clause 5, the participant owes the payment of the event costs even if he does not participate in the event.
2.4 If the participant defaults, he shall owe interest in the amount of five percentage points above the respective base interest rate in accordance with Section 247 (1) BGB.
3. Retention of Title
Title to all event materials shall remain vested in HFA and shall not pass to the participant until all payment obligations are completely fulfilled by the participant.
4.1 The participant may cancel his booking. Pursuant to the following provisions, the participant shall owe as a flat rate cancelation fee compensation for the damages that HFA suffers because it relies on the participant's attendance of the event:
4.1.1 Cancelation is free of charge up to four weeks before the start of the course. Cancelation between four and two weeks before the start of the event will incur a cancelation fee of 50% of the event costs. In case of cancelation after this period, the participant shall be obliged to pay the full event costs.
4.1.2 In case of illness of the participant a cancelation fee to be paid is reduced to 10 % if the participant presents a medical certificate of his illness. Instead, the participant may, in consultation with HFA, choose an equivalent later event to attend, if one is offered.
4.1.3 If the participant is unable to enter the Federal Republic of Germany due to entry regulations (e.g. because he is not granted an entry permit), he shall not be released from the obligation to pay the event fee. The participant may, however, in consultation with HFA, select an equivalent later event and attend it, if one is offered.
4.2 The right to extraordinary cancelation for good cause remains unaffected. Good cause for termination by HFA is given in particular if
- the participant disturbs the event with a lasting effect,
- engages in inappropriate conduct,
- fails to make payment on time in response to a written reminder, or
- commits a copyright infringement.
4.3 If the event costs already paid exceed the amount owed according to 4.1, HFA will refund the excess amount to the participant. This does not apply in the case of an extraordinary termination according to 4.3.
4.4 Notice of termination must be in writing to be effective. The date of cancelation shall be the date of receipt of the notice of cancelation by HFA.
5. Cancelation and modification of events by HFA
5.1 HFA may cancel events for good cause. Good cause is given in particular if
- the cost-covering minimum number of participants specified in the event offer has not been reached two weeks before the first day of the event
- in case no minimum number of participants is specified, if less than five participants have registered two weeks before the first day of the event and
- the lecturer of the event is not available, and no substitute lecturer may be appointed.
5.2 HFA immediately informs the participants of the cancelation. As far as equivalent alternative events exist at the Karlsruhe location and participant places are available there, HFA offers the participants to participate in one of these alternative events without additional costs. If the participant is not offered a substitute event or does not make use of such an alternative event, HFA shall refund event costs already paid.
5.3 HFA shall not be obliged to create new substitute events of a certain type and quality or to maintain them for the future.
5.4 In case of cancelation of an event, HFA will not refund any additional costs. In particular, it does not bear the travel and accommodation costs or provide compensation for lost working time.
5.5 HFA reserves the right to change the organization, methodology, location, time, lecturers, and the content of events, provided that the core of the event is not substantially changed. HFA may change the event according to sentence 1 in particular, if it cannot take place as a face-to-face event due to legal requirements or government orders in connection with the spread of infectious diseases (e.g. the corona pandemic).
5.6 If HFA, in the course of spreading of such infectious diseases, has offered some events as online events, the participant has no right to have the event continue as an online event if entry from his country of residence is possible again according to the entry regulations of the Federal Republic of Germany before the event begins.
We point out that event materials (in particular supplementary documents, graphics, pictures, audio and video material) of HFA and its representatives are protected by copyright, regardless of their form. Any duplication, transfer to third parties and publication is only permitted with the consent of the copyright holder.
7.1 HFA shall be liable without limitation for damages resulting from intentional or grossly negligent breach of duty.
7.2 HFA shall only be liable for property and asset damage caused by negligence if essential contractual obligations are violated. Essential contractual obligations are those whose fulfilment characterize the contract and on which the participant may rely. The liability is limited to the contract-typical and foreseeable damage. Liability for negligent injury to life, body and health remains unaffected.
7.3 Any further liability other than that provided for in this contract is excluded, irrespective of the legal nature of the claim asserted. However, the above limitations or exclusions of liability shall not apply to any strict liability prescribed by law (e.g. under the German Product Liability Act) or to liability under a strict guarantee.
7.4 Insofar as liability is excluded or limited pursuant to 7.2 and 7.3, this shall also apply to the personal liability of HFA's employees, workers, representatives, organs and vicarious agents.
7.5 Despite the greatest possible care in the selection of speakers and lecturers, HFA shall not be liable for the content of the events and the supplementary documents, in particular with regard to being up-to-date, correct and complete. HFA assumes no liability for any valuable items.
8. Photo- and video recordings
8.1 In accordance with Article 7 of the General Data Protection Regulation, the participant agrees to the production and processing of photo and video recordings of the participant during the event. The participant grants HFA the right to use, process and distribute these recordings. If the recordings are to be used for advertising purposes, HFA shall obtain the participant's consent separately in advance. The participant may revoke his or her consent at any time.
8.2 Participants are not allowed to take photos, tape or video recordings during the event without the written consent of HFA.
9. Certificate of participation and certificate of attendance
HFA will issue a certificate of attendance to each participant who attended the entire event.
10.1 This agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of performance and exclusive jurisdiction for all disputes arising from and in connection with this contract is Karlsruhe.
10.2 Changes of additions to this agreement shall require written form. This shall also apply to the modification or cancelation of the requirement for written form.
10.3 If any provision of the present Terms and Conditions is held to be unenforceable, the enforceability of all remaining provisions shall not be affected thereby. In this case, the parties undertake to agree on effective provisions which come closest to the intended economic purpose of the invalid provisions. This applies accordingly to the closing of any gaps in this agreement.
10.4 If you are a consumer, you have a right of withdrawal in addition to our general terms and conditions.
10.5 These Terms and Conditions are written in German and English. Only the German version of this contract shall be legally binding. The English translation serves information purposes only.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Hector Fellow Academy gGmbH, Schlossplatz 19, 76131 Karlsruhe, phone: +49 (0)721 608–47880, e‑mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e‑mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Hector Fellow Academy gGmbH
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of participant(s),
- Address of participant (s),
- Signature of participant(s) (only if this form is notified on paper),
(*) Delete as appropriate