General terms and conditions for events of EIPL European Institute for Pharma Logistics GmbH
1.0 Exclusive validity of these general terms and conditions for events
1.1 These general terms and conditions for events are valid without exception for all offers, contracts and services that are related to our trainings, courses, workshops, congresses and other events (in the following: events).
1.2 The general terms and condition of a participant to our events (in the following: participant) are not compulsory to us even if we did not object to these after receipt. That means that in case of collisions between our and the participant´s general terms and conditions only our general terms and conditions are valid. Therefore even additional resp. amendatory arrangements that are part of the participant´s general terms and conditions but not part of ours will not become subject terms of contract.
2.0 Conclusion of contract
2.1 A contract between the participant and EIPL can only be concluded when we received the confirmation of order concerning the event and documentation of the subject terms of contract from the participant within 2 weeks after our dispatch to him with his signature below the sentence “Our company agrees with the content of this confirmation of order, particularly with the general terms and conditions for events of EIPL European Institute for Pharma Logistics GmbH. (Return by fax is sufficient).
2.2 All agreements, particularly all contractual side-agreements and later contract amendments need our written agreement before they become effective. This applies also to amendments and/or additions to our general terms and conditions.
3.0 Subject of the contract
3.1 Subject of the contract is the event performance that is documented in our order confirmation.
3.2 Minor deviations of the agreed event contents are acceptable. We are particularly authorized to replace announced event leaders, speakers or similar by other persons.
3.3 The participant`s arrival and departure, to resp. from the venue, possible overnight stays and catering during the event are not part of the subject of the contract. In case the event takes place in our premises at the business location in Korntal-Münchingen that is registered in our commercial register, the participant gets non-alcoholic beverages of our choice free of charge.
4.0 Costs and payment terms
4.1 Our costs are strictly net, that means without the respective legally obligated sales tax.
4.2 Payments have to be made – each strictly net – within 14 days after invoicing. The event is charged after its ending.
5.0 Set-off and right of retention
5.1 The participant can only offset against our demands with unquestioned or legally binding counter claims.
5.2 The participant cannot refer to a right of retention that is not based on the same contractual relationship.
6.0 Cancellation of an event resp. rescission of the contract by EIPL
6.1 We are allowed to cancel an event contract that was closed with the participant and thereby allowed not to perform the event when the minimum number of participants that is specified in our confirmation of order cannot be reached. The cancellation of the contract has to be transmitted by us in written form at the latest two weeks prior to the planned beginning of the event (the receipt of our cancellation is relevant). In such cases we do not charge any costs for the participant for this event and already paid costs will be repaid immediately.
6.2 We are also allowed to cancel an event contract that was closed with the participant and thereby allowed not to perform the event – besides the arrangement mentioned under point 6.1 of these general terms and conditions – in the following cases:
- Unexpected illness of an event speaker or
- Non-availability of the organized event rooms that was not caused deliberately by us (e.g. fire damage)
In such cases we also do not charge any costs for the participant for this event and already paid costs will be repaid immediately.
7.0 Non-attendance of a participant to the event
7.1 If the participant informs us in written form at least two weeks prior to the beginning of the event about his non-attendance to the event, he does not have to pay the event costs or any other costs.
If the participant does not inform us about his non-attendance to the event two weeks prior to the beginning of the event but at least 5 working days prior to the beginning of the event, he has to pay 50% of the whole event costs that were agreed on the event – regardless of point 7.2 of these general terms and conditions.
In all other cases of non-attendance to the event the participant has to pay the whole event costs that were agreed on the event – regardless of point 7.2 of these general terms and conditions.
8.0 Right to exclude a participant and authority of the event leader
8.1 We are allowed to exclude a participant from the event if the participant
- disturbs the event constantly regardless of warning
- behaves immoral regardless of warning so that a smooth flow of the event cannot be guaranteed or
- takes place at the event under alcohol or drug influence
In such (exclution) cases the participant has to pay the whole event costs.
8.2 The event leader has the authority to give directives to the participant during the event (breaks included)
9.0 Obligation to complain of the participant
9.1 If there are any complaints regarding the contents and course of the event the participant has to inform the event leader about those immediately during the event. The event leaders are instructed by us to find a prompt remedy as far as this is not unpossible. If a participant does not communicate a deficiency to the event leader immediately during the event any claims concerning this deficiency resp. complaint are excluded.
10.1 We are only liable against the participant
- for guaranties that we gave to him,
- for damages typical for the contract, that were foreseeable at the time of concluding the contract, which rely on a culpable, endangering the achievement of the contractual use violation of significant contractual obligations by us, one of our legal representatives or auxiliary persons,
- for damages concerning harm of life, body or health that rely on a negligent breach of duty by us or on an intended or negligent breach of duty of one of our legal representatives or auxiliary persons,
- for other damages that rely on a wantonly negligent breach of duty by us or on an intended or wantonly negligent breach of duty of one of our legal representatives or auxiliary persons and
- in cases for those we are liable for damages to persons or damages to private used property according to the law of product liability
Any other liabilities on our part are excluded.
10.2 Point 10.1 of these general terms and conditions applies to damage claims against our legal representatives, auxiliary persons and assistants accordingly.
11.0 Place of execution, place of jurisdiction, applicable law and severability clause
11.1 As far as no other place is mentioned in our order confirmation the place of event resp. execution is the premises at the business location in Korntal- Münchingen that is registered in our commercial register (in the following: business location)
11.2 Place of jurisdiction concerning all claims out of the respective contract for complaints with jurisdictional amounts until 5.000€ inclusively is the local court Ludwigsburg that is responsible for our business location. For complaints with higher jurisdictional amounts the place of jurisdiction is the district court Stuttgart that is responsible for our business location.
We are also allowed to sue the participant at his place of general jurisdiction.
11.3 Only German law is valid (excluding the United Nations Convention on Contracts for the International Sale of Goods)
If a clause is or becomes invalid the validity of the other clauses remains unaffected. Instead of an invalid clause a valid clause is considered as agreed that comes closest to the economic aim of the invalid clause.