General Terms and Conditions

Status: 03.04.18

of the PL.Simulation.Tirol GmbH
Gries 7
6161 Natters, Tirol

Managing Director: Dr. Daniel Pehböck, DESA

  1. preamble

We want to cooperate with our customers on the basis of mutual goodwill. The following provisions, which replace other terms and conditions or agreements that have not been agreed to by us in writing, shall form the basis for this. The version applicable at the time the contract is concluded shall prevail.

  1. Scope of application and agreements

These General Terms and Conditions apply to all contracts concluded with us by a consumer or entrepreneur (hereinafter referred to as “Customer”).

All agreements and promises as well as deviations from the following agreements require our written counter-signature to be legally binding, whereby we expressly acknowledge communication via e-mail or via the input mask on our homepage as written communication. This also includes the special terms and conditions of our customers.

  1. Subject matter of the contract

We organise emergency medical training courses for doctors, medical staff but also for private individuals, hereinafter referred to as “courses”. The subject matter of the contract is therefore this service together with any ancillary services to be agreed separately, but expressly not services provided by third parties. We accept no responsibility for services provided by third parties, such as hotel bookings, as we merely make recommendations and are not agents for these services.

  1. Conclusion of contract

The course descriptions contained on our homepage <www.simulationtirol.com> do not represent offers by us, but merely an invitation to the establishment of contact regarding a concrete course by the customer. The offers are therefore subject to change without notice and changes are possible at any time, especially with regard to the speakers and the date and location of the event.

If a concrete course booking on a given date is possible via the homepage, a booking represents an offer by the customer to conclude a contract for the concrete service. A contract is only concluded with the binding confirmation of registration by us.

If a concrete booking via the homepage is not yet possible, each contact with the customer will be regarded as a non-binding enquiry and a binding booking will only be made with our binding booking confirmation for a concrete course.

The course place is only reserved for the customer until receipt of the course fee. This reservation expires at the end of the payment period for the course fee. The right to a place on the course does not exist until the course fee has been credited to our account. If the course is fully booked in the meantime, we will try to find an alternative date, but the customer has no legal claim to it.

  1. Availability and Cancellation

If the desired course is not available at the time of ordering, we will not send a confirmation of registration. In this case a contract will not be concluded. We also expressly reserve the right to cancel courses with less than 5 (in words: five) bookings. In the event of cancellation of the course, the customer may choose either to transfer the booking to another course or to receive a full refund of course fees already paid. Compensation for damages or expenses of any kind (e.g. loss of earnings, travel expenses, hotel room bookings, etc.) arising beyond this is excluded.

We accept course cancellations up to a maximum of 6 (in words: six) weeks before the start of the course exclusively in written form. In the event of later cancellation or non-appearance on the course day, the entire course fee shall be due for payment or retained by us. However, we accept the nomination of a replacement participant who can complete the course under the same conditions as the booked participant.

  1. Terms of payment

The customer will be sent an invoice with the VAT shown on it. The customer has the option to pay in advance by SEPA transfer.

With SPEA-Überweisung the invoice amount is to be brought within 14 days starting from contract conclusion free of charges and without each departure to the instruction. The place on the course is only secured upon receipt of the course fee on our account. Should the course fee not arrive in time despite a single reminder (also by e-mail), we reserve the right to cancel the booking. We reserve the right to charge a handling fee of EUR 15.00 per reminder.

Offsetting against claims against us is only permissible if the claim has been legally established or acknowledged by us in writing. The statutory default interest shall apply. We reserve the right to claim damages in excess of the interest. In the event of default, all expenses associated with the collection of the claims and the costs of judicial and/or extrajudicial legal representation shall be borne by the customer.

  1. Confirmation of participation

Upon completion of the course, our customers will receive a confirmation of participation if they have participated in the entire course. Depending on the course, 8-10 DFP (German Training Points) will be awarded per course day, provided that they have been approved in advance by the Medical Association and provided that the customer meets all the relevant requirements.

  1. Exclusion of liability for events

Participation in the courses is at the customer’s own risk. Should a customer injure himself during a course, the customer declares his consent to transport to the nearest or suitable hospital and to any medical treatment upon conclusion of the contract. The customer shall bear the costs and shall indemnify and hold us harmless in this respect.

The customer therefore waives for himself and his legal successors, as well as expressly also for every insurance company with which he has concluded a contract, claims for damages or claims for recourse against us as well as the persons employed by us for all damages in connection with injuries, losses, other damages, costs (including lawyers and court costs) in the context of and in connection with the courses offered by us.

  1. Disclaimer for links on the homepage

We are liable for our own content on the website. Insofar as we enable access to other websites via links, we are not responsible for the external content contained therein. We do not adopt the external content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.

  1. Withdrawal/revocation instruction and return shipment

When booking via our homepage, the course booking can be cancelled without giving reasons within 14 days by revocation to us, whereby Saturdays are not part of the deadline. The period begins to run from receipt of the booking confirmation. Timely dispatch is sufficient to meet the deadline. We will refund any payment already made within 14 days of receipt of the revocation to an account to be notified.

The declaration of revocation must be sent to the following address and address

PL.Simulation.Tyrol GmbH
Gries 7
6161 Natters

We expressly accept a declaration of revocation by e-mail to contact@simulationtirol.com, whereby we reserve the right to request a transmission confirmation from the customer in the event of a dispute. We would like to point out that the customer may lose this right if the course booking is made at such short notice before the course takes place that the cancellation deadline cannot be met. In this case the customer waives his right of revocation by using the course.

  1. Place of jurisdiction and applicable law

For all disputes arising from this legal transaction, the court responsible for the subject matter of Natters shall apply. All contracts are concluded under Austrian law. The UN Convention on Contracts for the International Sale of Goods and the reference standards are expressly excluded.

  1. Ineffective conditions

Should any of the above or agreed conditions be invalid, this shall not affect the validity of the remaining conditions.

  1. Data protection

In accordance with data protection law, we inform our customers that the following data will be stored in our electronic system: Name, address (incl. e-mail address), telephone number and information on the payment process. These data serve the fulfilment of the contract (Art 6 Abs 1 lit b DSGVO) and are stored by us for the duration of the legal warranty and product liability periods (10 years), but are not passed on. The customer is basically entitled to the rights of information, correction, deletion, restriction, data transferability, revocation and objection. A letter of request to this effect must be sent to our business address, the address of the managing director Dr. Daniel Pehböck (responsible person in accordance with DSGVO).

  1. Declaration of consent

The customer expressly agrees that the photos, videos and interviews taken by him in connection with our courses may be used on radio, television or other publications for advertising purposes without any claim to remuneration.

Furthermore, when booking a course or making contact via the contact form, the customer agrees that his email address will be included in our newsletter distribution list. There is, however, the possibility in the 1st newsletter e-mail that the customer may withdraw from the mailing list again.

In all other respects, these terms and conditions are based on the desire to cooperate with our customers in a smooth and pleasant manner.

SAMPLE REVOCATION FORM

Cf. to the instruction about the revocation and the procedure under Pt. 10 of these AGBs.

To the
PL.Simulation.Tyrol GmbH
Gries 7
6161 Natters

(date)

I hereby cancel the contract concluded on (date) for participation in the following course: (exact course name), which I ordered on (date) and which I received a binding booking confirmation for on (date).

Please refund the already paid course fee to the following account:

(Name)
(IBAN, BIC if applicable)

Yours sincerely

(signature)
(first and last name) (customer’s address)

______

Copyright – PL Simulation.Tirol GmbH