Greator GmbH, Brüsseler Str. 89-93, 50672 Cologne, Germany, registered in the Commercial Register of the District Court of Cologne under HRB 77486 (hereinafter "Greator"), organizes seminars, lectures, courses, coaching, consulting and other events (hereinafter collectively "Events" or individually "Event").
These General Terms and Conditions ("GTC") govern the business relationship between Greator and the customer. Part A applies to all contracts covered by these GTC. Part B contains special provisions for contracts concerning participation in events. Part C contains special provisions for contracts for the purchase of content.
A Common provisions
Right of revocation for consumers: revocation instruction and model declaration of revocation
If the customer is a consumer, he has the right to revoke the contract within 14 days without giving reasons. The withdrawal period is 14 days after receipt of the booking confirmation. In order to exercise his right of withdrawal, the customer must inform Greator of his decision to withdraw from the contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, the customer may use the model withdrawal form reproduced below, section 2.3, which, however, is not mandatory. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period to one of the following addresses:
Greator Ltd. Brussels St. 89-93 50672 Cologne
E-mail address as specified in the booking documents: firstname.lastname@example.org
If the customer cancels the contract, Greator shall return to the customer all payments that Greator has received from the customer without undue delay and at the latest within fourteen days from the day on which Greator received notification of the customer's cancellation of the contract. For this repayment, Greator shall use the same means of payment that the customer used for the original transaction, unless Greator and the customer have expressly agreed otherwise; in no case shall Greator charge the customer for this repayment.
The customer can use the following model cancellation form for the cancellation:
Greator Ltd. Brussels St. 89-93 50672 Cologne
I hereby revoke the contract concluded by me with booking of [...] and confirmation of Greator of [...] for participation in the event/booking of the subscription [note to consumer: please insert appropriate details].
[name of the consumer Address of the consumer Signature of the consumer (only in case of communication on paper). Date]"
A significant deterioration in the financial circumstances of the customer, which only becomes known to Greator after the conclusion of the contract and which jeopardises Greator's claim to counter-performance, shall entitle Greator to demand immediate payment of all claims. Greator shall then also be entitled to demand payment in advance for further services owed and/or, in the case of contracts with entrepreneurs, to withdraw from the contract without setting a deadline or, in the case of contracts with consumers, to withdraw from the contract after the fruitless expiry of a reasonable deadline.
Statutory provisions on the termination of contracts remain unaffected.
In the following cases, Greator's liability is limited to the damages foreseeable at the time of the conclusion of the contract and which typically arise in the performance of contracts of this type:
in the event of a culpable breach of cardinal obligations, insofar as this is not due to gross negligence or intent, as well as
in the event of a grossly negligent breach of other obligations, except in the case of gross negligence on the part of a legal representative or vicarious agent of Greator.
Except in the case of intent or gross negligence on the part of Greator, its legal representatives, executives or other vicarious agents, Greator's liability for all damages is also limited to the total of the participation fee for each damage event.
Greator is not liable for the timeliness, accuracy and completeness of the event documents or content.
All the aforementioned exclusions and limitations of liability shall not apply to claims under the Product Liability Act, in the case of intent, fraudulent concealment of defects and for damages arising from injury to life, limb or health.
All hand-outs, slides, presentations and other documents that the customer or participant receives in connection with the event ("Event documents") as well as content are protected by copyright and, if applicable, by further property rights (trademark, patent, design, etc.). Greator grants the customer or participant a simple, non-transferable right of use to the protected content for personal use. In particular, it is not permitted to edit, reproduce, distribute, exhibit or publicly reproduce event documents or content - even in part - for example by making them publicly accessible ("posting on the Internet").
Changes to these GTC
Greator reserves the right to change and adapt these GTC with effect for the future if this is necessary due to changes in the legal, official or technical framework conditions and the changes are reasonable in good faith, taking into account the interests of the customer.
Greator will inform the customer of the changes by e-mail at least two weeks before the planned entry into force of the new version of the GTC. If the customer does not object to the validity of the new GTC within this period and (a) he or the participant takes part in the event or (b) he continues to receive content, the new GTC shall be deemed accepted. In the event of an objection, Greator expressly reserves its rights of termination. Greator will again separately inform the customer of his right of objection, the deadline for exercising it and the legal consequences of silence and objection.
Unless otherwise stipulated, declarations as well as amendments and additions to the contract must be made in writing. A waiver of the written form must also be made in writing.
For declarations to Greator in text form, the customer must use the e-mail address stated in the booking documents.
These GTC and the contracts concluded between Greator and the customer shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with contracts with entrepreneurs first out of court. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/ Greator is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship, including these General Terms and Conditions, also concerning effectiveness, termination and cancellation, is - if the customer is an entrepreneur - Cologne.
BParticipation in events
Booking and conclusion of contract
The customer can book participation in an event for himself or for third parties.
If the customer books the participation for a third party, the contract is concluded between him and Greator. This contract is neither a contract for the benefit of third parties in the sense of § 328 BGB nor a contract with protective effect for the benefit of third parties.
Greator provides the customer with detailed information on the event, in particular on the scope of services, price and booking deadline, before the booking is made (all this information is hereinafter referred to as "Booking documents"). Insofar as the booking documents do not contain any provision, these GTC shall apply. Insofar as provisions in the booking documents deviate from those of these GTC, the former shall apply.
The contract between Greator and the customer regarding participation in the event is concluded when Greator confirms the customer's booking in text or written form.
Greator sets a minimum and a maximum number of participants for all events. If Greator has more bookings than there are places available, Greator will decide on participation at its reasonable discretion.
The fee for participation in the event ("Participation Fee") includes, unless otherwise stated in the individual case, only the personal participation of the customer or of third parties whose participation the customer has booked.
Travel and accommodation are not included in the scope of services.
Prices and payment
The amount of the participation fee can be found in the booking documents.
Unless otherwise agreed, Greator will invoice the customer for the participation fee immediately after conclusion of the contract. Upon receipt of the invoice, the participation fee is due and payable within two weeks without deductions to the account designated in the invoice.
All agreed fees are net. Any VAT incurred shall be shown separately on the invoice and shall be paid together with the respective remuneration.
The customer shall only be entitled to set-off against a payment claim of Greator and to withhold payments to Greator if his counterclaim has been legally established or is not disputed or acknowledged by Greator.
Cancellations of the Customer
For cancellations by the customer received by Greator up to one month before the date of the event, Greator will charge the customer an amount equal to 50% of the participation fee as a cancellation fee. For cancellations received after this date or for no-shows, Greator will charge 100TP1T of the registration fee as a cancellation fee. The customer is allowed to prove that Greator has not suffered any damage.
Greator allows the participation of substitute participants within the scope of available capacities and at its reasonable discretion without charging additional fees. The customer must inform Greator of any substitute participant in text form without delay, but no later than the 8th day before the event. Greator will inform the customer immediately, at the latest on the 4th day before the event, whether the named substitute participant can participate in the event or not.
The customer cannot cancel the booking of annual programs. However, if he or a participant booked by him does not wish to attend an individual event, he or this participant can attend the same event on an alternative date ("Alternative Date"), if Greator allows the customer or the participant to do so. Greator shall decide on this at its reasonable discretion. The customer must notify Greator of his or the participant's intention to participate on the alternative date in text form without delay, but no later than the 8th day before the alternative date. Greator will then inform the customer without delay, but at the latest on the 4th day before the alternative date, whether he or the participant may participate in the alternative date or not.
Changes and cancellation of events
Greator reserves the right to change the event to a reasonable extent for the customer, in particular to replace announced speakers with others or to change the venue.
Greator reserves the right to cancel the event for valid reasons, e.g. due to the inability of a speaker to attend, disruptions at the event location, closure of the event location, official orders or decrees or force majeure.
Greator undertakes to inform the customer immediately of any cancellation and changes to the event, in particular a change of speaker.
Reasonable changes to the event do not entitle the customer to a reduction in price or to withdraw from the contract.
If an event is cancelled, Greator will refund the paid participation fee. Further claims are excluded. In particular, Greator will not reimburse any costs in connection with services that the customer or participant has booked with other service providers (e.g. hotels, tour operators) in connection with the event.
By participating in the event, the customer or participant agrees that Greator may take photographs and film recordings of him/her during the event and exploit these for all known and unknown types of use without restriction and free of charge. The consent is not limited in time and space.
Exercise of the right of withdrawal for consumers at events
If the customer books an event that begins within the cancellation period, he thereby requires that Greator begins to provide the services during the cancellation period. If the customer cancels the contract in this case, he must pay Greator a reasonable amount. A reasonable amount is an amount that corresponds to the proportion of the services that Greator has already provided up to the time of receipt of the notice of revocation, taking into account the total scope of the contractually agreed services.
The contract concluded between Greator and the customer for the use of the content runs for an indefinite period of time, unless otherwise specified.
Unless otherwise stipulated, the customer is entitled to terminate the contract of use at any time and without giving reasons.
After termination, Greator can delete the customer's user account with all content and services that he may have posted. The customer will then also no longer have access to already purchased content. If the customer still has a current subscription at the time of the deletion of his account or has booked an additional service whose term has not yet ended, any amount already paid by him will not be refunded - not even proportionally.
Greator is entitled to terminate the user contract without giving reasons with a notice period of two weeks in text form, if applicable - in the case of subscriptions - at the earliest at the end of a 30-day subscription period, unless otherwise specified.
Greator offers subscriptions without minimum terms. Subscriptions are automatically renewed indefinitely for one month at a time, beginning on the day the customer subscribed, until cancelled by the customer or Greator.
Greator is entitled to terminate any subscription at the end of the monthly subscription period with two weeks' notice in text form.
The current price and subscription models for the purchase of content and the respective scope of services can be found on the website www.greator.com.
Unless otherwise stated, all prices include the applicable sales tax.