General Terms and Conditions for First Aid Courses in English

§ 1 Scope / General

  1. These General Terms and Conditions (GTC) apply to all training courses conducted by "Die Ersthelfer", owner Shervin Morawej, Martin-Luther-Str. 3, 61118 Bad Vilbel.

  2. All offers, orders and agreements must be made in writing, whereby the written form is also respected by fax, by e-mail. Changes and additional agreements must be made in writing.

  3. Services are provided exclusively in accordance with these Terms and Conditions, unless the parties agree in writing on an individual agreement. For the scope and execution of the training, the written order confirmation is decisive in addition to these terms and conditions or an individual agreement.

  4. The unconditional acceptance of these terms and conditions shall be deemed to be the consent of the client, even if the terms and conditions exclude the acceptance of other conditions. The terms and conditions also apply to future business.

 

§ 2 Conclusion of contract

  1. To participate in the training a written registration is required. This must be addressed in writing to "Die Ersthelfer" in accordance with the requirements of § 1 (2) in advance of the training. The registration for the open training is carried out by the participant directly at the training location.

  2. The registration for training according to BGV A1 / DGUV principle 304-001 can be done by single or group registration of the participants or the contracting party. In the case of in-house training, the contracting party submits a group application. For both types of course, the registration takes place in writing by letter or e-mail.

  3. The applications are binding and will be considered in the order of their receipt. The contract is concluded by the registration of the participant to the conditions presented here, without the need for an express acceptance by "Die Ersthelfer".

  4. The contract justifies rights and obligations only between "Die Ersthelfer" as organizer and the contractual partner or participant. The registration can also be made for a third person. Participants are to be named to "Die Ersthelfer" by name.

  5. The terms and conditions are part of this contract.

§ 3 Trainings with and without pre-registration

 

  1. Trainings with pre-registration and trainings without pre-registration in the premises of "Die Ersthelfer" can usually only take place if the minimum number of 10 participants is reached. If this minimum number of participants is not reached, "Die Ersthelfer" can withdraw from the contract. The contractor or participant will not be charged. A claim for compensation on the part of the client or participant in relation to "Die Ersthelfer" does not exist in this case.

  2. The First Responders may also withdraw from the contract or terminate it if training can not take place for reasons for which "Die Ersthelfer" are not responsible - e.g. the failure of a lecturer. In these cases, payments made will be reimbursed. Further claims against "Die Ersthelfer" are excluded.

§ 4 In-house training

  1. In-house training in the client's premises requires a minimum of 10 participants per training.

  2. If the minimum number of participants falls below, the client has to pay the difference of 15 participants per course day with € 40.00 per missing participant. Exceptions to this are training courses for which a flat fee has been agreed regardless of the number of participants.

  3. The costs for arrival and expenses of the lecturer are agreed individually with the client in advance of the respective in-house training. Costs of a cancellation will be charged to the client.

  4. On behalf of the client, suitable training rooms and facilities for in-house training must be provided. There must be a room with a floor area of ​​at least 50 m², where 20 people can be instructed by theoretical and practical lessons. The premises must have sufficient lighting and ventilation. There must also be seating and writing facilities as well as washing facilities and toilets. In addition, it must be possible to use an overhead projector or projector. If the instructor determines on arrival at the training site that the space provided does not meet the requirements specified in BGG 948, he is entitled to cancel the training without reimbursement of participation fees or travel expenses.

§ 5 Fees for English First Aid Courses

  1. The training fee for open standard courses in English language for both initial and advanced training in first aid is 9 lessons à 45min = € 59.00. The training fees are exempt from VAT in accordance with § 4 no. 21 UstG. The fee is payable with the conclusion of the contract and must be paid in cash by the participant at the beginning of the training course, provided that no payment has been agreed in writing after the invoice has been issued.

  2. The training fee for in-house training depends on the written agreement between the parties or on the written offer of "Die Ersthelfer" and is due for payment upon the conclusion of the contract.

  3. For seminars in accordance with BGV A1 / DGUV, Principle 304-001 of the Berufsgenossenschaften (BG) supplementary regulations apply in accordance with the following § 6.

§ 6 Courses according to BGV A1 / DGUV principle 304-001

The costs for the training and further education of company first reponders in accordance with BGV A1 for salaried employees are borne by the responsible accident insurance institution (BG or Unfallkasse). Billing is carried out by "Die Ersthelfer" directly with the responsible insurance institution, provided that the participants present a form of the BG stamped by the employer at the beginning of the training, which is sent with the registration confirmation. If individual participants are not taken on by the accident insurance institution, the costs of € 46.00 for the training of company "Die Ersthelfer" and € 46.00 for the training of company first-responders shall be borne by the client and shall be invoiced with a payment period of 7 days provided.

§ 7 Cancellation Policy

Withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the conclusion of the contract. In order to exercise your right of withdrawal, you must contact

"Die Ersthelfer"

Shervin Morawej Alte Frankfurter Str. 23c 61118 Bad Vilbel

T +49 (0) 176 341 364 80

info@die-ersthelfer.com

by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

 

If you withdraw from this agreement, all payments that we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer) we have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same method of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. If you have requested that the service be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided to you until the time you inform us of the exercise of the right of withdrawal in respect of this contract comparison with the total volume of services provided for in the contract.

§ 8 Cancellation of in-house training

 

  1. In-house training can be canceled in writing by the client or individual participant up to 30 days before the start of the training.

  2. Cancellations made within 29 days to 14 days prior to in-house training will be charged for 25% of the training fee plus any incidental charges incurred.

  3. For cancellations from 13 days to 7 days prior to in-house training, 50% cancellation fee plus incidentals will be charged.

  4. In case of cancellation less than 7 days before the beginning of the in-house training, or in the event of non-participation in the training, the client or individual participant must pay the full training fee plus the ancillary costs incurred, including administrative costs for the trainers / lecturers and room costs.

  5. If a replacement date for in-house training is agreed in writing, the client or individual participant for the canceled or missed training only has to bear the additional costs incurred.

  6. The cancellation must be in writing. Decisive for the deadline is the date of receipt of the cancellation at "Die Ersthelfer".

  7. The cancellation fees as well as the fees for non-participation are due without deduction upon receipt of the invoice. The invoice will be issued on the day of the training at the earliest.

  8. Default occurs 14 days after receipt of the invoice. From this point in time, any outstanding invoice amounts are subject to interest at 5% above the base rate applicable at that point in time. The assertion of further damage is not excluded.

§ 9 Cancellation of first aid training in English

  1. First aid training in English can be canceled in writing by the client up to 30 days before the beginning of the training.

  2. Cancellations made between 29 days and 14 days before the start of the course will be charged for a downtime of 25% of the training fee plus any incidental costs incurred.

  3. Cancellations made between 13 days and 7 days before the start of the course will be charged for a 50% cancellation fee plus any incidental charges.

  4. In case of cancellation less than 7 days before the start of the training, on the day of the training itself or in case of non-participation in ongoing training, the client or individual participant shall pay the full training fee plus any incidental costs, including administrative costs, costs for the instructor and room costs, to pay.

  5. The cancellation must be in writing. Decisive for the observance of the period is the date of receipt of the cancellation at "Die Ersthelfer".

  6. The cancellation fees as well as the fees for non-participation are due without deduction upon receipt of the invoice. The invoice will be issued on the day of the training at the earliest.

  7. Default occurs 14 days after receipt of the invoice. From this point in time, any outstanding invoice amounts are subject to interest at 5% above the base rate applicable at that point in time. The assertion of further damage is not excluded.

§ 10 Immediate termination

"Die Ersthelfer" may terminate the contract without notice if there are good causes, one of the main reasons being the following:

  • Misbehavior in training, in particular disruption to training by noise or noise nuisance or by transversal behavior. Defamation of all kinds against the training management, participants of the training or employees of "Die Ersthelfer".

  • Discrimination against persons because of personal characteristics.

  • Abuse of the training for party political or ideological purposes as well as agitations of all kinds.

  • Consumption of alcohol or prohibited substances during the training, or their distribution to participants in the training.

  • Violations of the applicable house rules. Training fees are due in full without notice and are to be borne by the client or individual participant. Pre-paid training fees will not be refunded.

§ 11 Confirmation of Participation / Certificates

 

  1. Each participant in a training receives a confirmation of participation after completion of the training. In addition to full participation in the relevant training and full payment of the training fee, a valid signature of the participant in the list of participants is necessary for this purpose.

  2. Replacement / secondary certificates for the current year are for a fee of 15 € incl. VAT. and shipping, for previous years for a fee of 20 € incl. VAT. and shipping issued. The fee must be paid in advance to "Die Ersthelfer", stating their name and date of birth and the term "replacement certificate". In addition to a request and payment of the fee in advance, you will need to provide your full name, date of birth and exact training date.

  3. Attention: Please check if you have completed your training with us ("Die Ersthelfer"). If you apply for a replacement certificate, even though you have not completed the training with us, we will not reimburse you the fee mentioned in point 2. The fee is the processing fee for the expenses incurred.

  4. In the case of spelling mistakes by "Die Ersthelfer" there is a right to a free reissue within 4 weeks after delivery to the client or individual participant. If this period has expired, also a processing fee of 15 € incl. VAT. and shipping due.

§ 12 Copyright

 

  1. Accompanying workbooks, documents, presentations, etc. for training are subject to copyright and may not at any time and under no circumstances be photocopied or electronically reproduced. They are intended exclusively for the personal use of the trainees and may not be passed on to third parties.

  2. Documents and presentations, which may be made available on the website of "Die Ersthelfer" or a contractual partner, are also subject to copyright. A download is for informational and personal use only. Reproduction or transfer to third parties is prohibited.

§ 13 Privacy

 

  1. Your personal data will be stored exclusively for the execution of the contract concluded with you. They will only be passed on to third parties or otherwise transmitted if this is necessary for the purpose of contract execution or for billing purposes or if you have given your prior consent. A transfer of your data to other third parties does not occur. With complete processing of the contract and complete settlement of the invoice, your data will be blocked for further use and deleted after expiry of the tax and commercial time limits.

  2. According to the Federal Data Protection Act, you have the right to free information on the origin and scope of your stored data and, if necessary, a right to correct, block or delete this data. For questions regarding the collection, processing, use, blocking or deletion of your personal data, please contact: Shervin Morawej, Alte Frankfurter Str. 23c, 61118 Bad Vilbel.

§ 14 Liability

 

  1. Liability claims against "Die Ersthelfer" are limited to the amount of the respective training fee. Further claims (with the exception of breach of cardinal obligations, injury to life, limb, health and intent or gross negligence on the part of legal representatives, employees or other vicarious agents) are excluded.

  2. For the cloakroom and personal belongings of the trainees at the training location "Die Ersthelfer" assumes no liability.

§ 15 Final Provisions

 

  1. German law applies.

  2. If any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In this case, the relevant statutory provisions apply instead of the invalid provision.

  3. Frankfurt am Main shall be the place of jurisdiction for all disputes, provided that the client is an entrepreneur within the meaning of the law.

  4. "Die Ersthelfer" is a company of Mr. Shervin Morawej, Martin-Luther-Str. 3, 61118 Bad Vilbel.

Date of publication: 31.03.2018