- Conclusion of Contract
The terms and conditions mentioned below apply exclusively to the business relationship between Wilri Waarlo Balance-Recovery (in the following called the provider) and the customer, in their current version at the time of assignment.
Customers can register for attendance in a seminar/ group session/ individual session or distance session (in the following called “event”) by telephone, in writing or text (via letter, fax, internet or email). This will be considered as a binding offer of contract. By confirming the event registration (in writing, via fax or email) the contract will be concluded.
Besides registering the customer fills in the included questionnaire and also sends it for the attention of the provider.
By sending the registration form the customer confirms to have taken notice of the terms of contract and agrees to them. By using the contact form on the website the customer accepts these terms of contract by setting a tick mark into the provided field with the description “I have carefully read and understood General Terms and Conditions and Withdrawal Instructions which I hereby acknowledge”.
Some events require a limitation in number of attendants. In case the maximum number of attendants is reached, it is not possible for further customers to attend this event.
Even after the event registration has been confirmed, the customer’s attendance is not secured before the due payment has been received on the bank account of the service provider, according to point 2 of these terms of contract.
- Due Date and Payment Terms
Unless otherwise agreed in writing, invoices from the provider must be paid in full without delay, at the latest within fourteen days beginning with the day the customer receives a confirmation of contract.
Payments shall be completed using the following bank account:
Wilri Waarlo Balance-Recovery
IBAN: DE46 3564 0064 0161 8719 00
In case an event does not take place because of circumstances the customer is not culpable for due to negligence, payments on account will be refunded partially or in full sum. On choice and demand of the customer the refund can be credited and be used for the payment of another event.
- Withdrawal, untimely termination of contract and burden of proof
In case the customer declares his withdrawal from this contract at least within ten working days prior to the beginning of the event, payment or further expenses will not incur. For withdrawals later than ten days prior to the beginning of the event, the price for the event must be paid in full (100%) as liquidated damages for financial losses/detriment. The customer may present evidence of minor or non-existent damages. In that case compensation will be proportionately reduced.
In case the customer does not attend the event or quits before its end, full payment, however, is to be made as the provider rightfully holds claims and titles.
The customer may present a substitute, provided such a person complies with all requirements for attending the event, particularly specific health requirements.
- Waiver, Provisions to exclude Torts and Liabilities
Contractual services are not designed, meant or intended to substitute medical or psychotherapeutic treatment, nor are such promises made by the provider. Services also cannot provide such treatment. Should health problems occur, please consult a physician, a psychotherapist or a health care practitioner. Each customer is responsible for personal health and wellbeing. Before and during the event the customer is also responsible for complying with its specific health requirements in his or her person. In case of doubt a physician´s opinion must be sought in advance and be complied with.
The provider shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from willful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of the provider or her vicarious agents. Any further liability for damages is excluded. In case of a negligent breach of a material contractual obligation, the liability of the provider shall be limited to foreseeable damage and damage typical for the contract.
Customers are held liable for damage of facilities, fixtures and fittings and devices resulting from the culpable violation of due diligence under the stipulation of civil law.
The customer will be responsible for all his/her personal items and will not hold the provider responsible in event of loss or theft.
All customers attend the event out of their free will. In the context of the event, they are responsible for their behavior and their actions towards teachers and customers alike. The provider firmly instructs any customer to respect privacy and to comply instantly with any “stop” voiced or tacitly shown during the event, e. g. during exercises.
In case of assault, theft, or violation of drug laws, or in case of any other infringement of personal rights causing disturbance during the event the provider will seek police support and/or exclude the customer from the specific event and from any other future event. Also, the provider will not refund any payment and will assert her rightful claims of compensation.
- Data Processing Policy / Declaration of Consent
On occasion, photographs, video and sound recordings will be taken during the event. Persons possibly being heard or seen on such recordings are asked to declare their explicit consent in writing before the recording begins.
The provider holds property and the sole exploitation rights of audiovisual recordings being taken according to the aforementioned consent.
- Closing Provision, Place of Fulfillment and Place of Jurisdiction
The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts. Should the customer also be consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
The place of fulfillment for all services and the place of jurisdiction is defined by binding legal provisions of their state of usual residence, should the customer also be consumer.
If the customer is a merchant, legal person governed by public law or special fund under public law, Landgericht, Duisburg shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.