GENERAL TERMS AND CONDITIONS SPORT & CAREERS PROGRAMME 1 Area of Application The following terms and conditions govern the contractual relationship between Participants (hereinafter "Participants") in applied educational programmes such as the one-year "S & C Certificate Programme GOLD" and the two-year "S & C Certificate Programme PLATINUM" (hereinafter "S & C Programmes" or "Services") and Domhan Vision UG (hereinafter referred to as" Domhan Vision UG") in their respectively valid version. Deviating terms and conditions of the participant are not recognised, unless Domhan Vision UG expressly agrees to their validity. The participant is a consumer insofar as the purpose of the services rendered to him/ her is not predominantly attributable to his/her commercial or independent professional activity. In contrast, business individual is any natural or legal person or partnership with legal capacity who, in concluding the contract, is acting in the course of his commercial or independent professional activity. 2 Booking / Conclusion Booking requests regarding the S & C programmes can be made by the participant through the electronic booking request form on the website www.sport-careers.com. If the participant decides to make a booking request via the electronic form, the participant must enter all necessary information. The participant can then submit this information to Domhan Vision by clicking on the button "SEND REQUEST". By clicking on the "SEND REQUEST" button in the booking request form, the participant declares that he/she invites Domhan Vision UG to make him/her an offer for the use of their services in relation to the S & C programmes and in the event of a positive assessment of this offer want to conclude a contract with Domhan Vision UG that is directed towards the use of the services. In any case, the participant will receive an automatic confirmation of receipt by e-mail in which the booking request of the participant's services is listed again. The participant can print it out via the "Print" functionality. The automatically generated receipt email only documents that the booking request of the participant has been received. After examining the booking request, Domhan Vision UG sends the participant a detailed offer of the services requested in the booking request form via email. A contract is concluded only by acceptance of the offer by the participant by email and by the transfer of the participation fee mentioned in the offer. Every booking request, regardless of the way in which it is made, as well as any conclusion of the contract on the booking request are subject to these terms and conditions. They become an integral part of the contract between the participant and 1
Domhan Vision UG. The booking request via the booking form on the website of Domhan Vision UG is only possible by clicking on the corresponding button with which the participant accepts the validity of these terms and conditions. 3 Payments & Costs The participant must pay a participation fee for the use of the services of Domhan Vision UG. The amount of this participation fee depends on the S & C programme booked by the participant. The one-year S & C programme "GOLD" and the two-year S & C programme "PLATINUM" include in each case the following services: 1. Within a period of twelve months at least nine workshops will be offered. This can also include interdisciplinary contents. 2. Within a period of twelve months, at least five guest speeches will be offered. This can also include interdisciplinary contents. 3. An online language course designed to prepare for the optional visit of a Sport & Careers partner club abroad. The language depends on the "Sport & Careers" partner club, which is paired with the chosen main location. 4. Advice and further assistance in planning the optional visit of a Sport & Careers partner club abroad, which is paired with the chosen main location. 5. Professional leadership and guidance in relation to the practical work with the partner clubs. In addition to the participation fee, the participant may incur further costs in connection with the use of the services. These may include, but are not limited to, travel, accommodation, and living expenses. The participant must independently inform himself/herself about the amount of these further costs and must budget these when accepting the offer sent by Domhan Vision UG. These additional costs will be borne exclusively by the participant. Domhan Vision UG will only incur these costs, if an explicit agreement in writing (e-mail sufficient) between the parties has been reached. The participation fee is inclusive of the applicable statutory value added tax and is due within 14 days of receipt of the invoice and payable without deductions by bank transfer. Domhan Vision UG charges no fees for the transfer. If further costs arise during payment transactions, these are always at the expense of the participant. In the event of non-payment, Domhan Vision UG reserves the right to cancel and transfer the programme place. If the participant is in default of payment, Domhan Vision UG is entitled to charge default interests amounting to 5% points above the base interest rate ( 288 para. 1, 247 para. 1 BGB) p.a.. 2
4 Cancellation Participants can not cancel their binding booking. Already made payments will not be refunded. 5 Cancellation by the organiser / Change of Programme Elements If at the end of the respective booking deadline, contrary to expectation, too few participants register for a programme, Domhan Vision UG reserves the right to cancel the programme. The participants will be informed immediately. Domhan Vision UG will, as far as possible and appropriate within the respective circumstances, offer the participants of cancelled programmes alternative solutions, which might mean alternative starting dates or other S & C programmes. If the participant agrees, a free transfer will be made. If this is not acceptable to the participant, any fees already paid will be refunded in full to the participant. Further claims, in particular for a refund of travel and accommodation costs as well as loss of work, are excluded. Domhan Vision UG reserves the right to make any changes in the organisation, staffing or course of a programme that have no material effect on the overall character of the programme. 6 Right of Withdrawal When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal. Domhan Vision UG informs about this right in accordance with the statutory model as follows: The participant is entitled to withdraw his/her intention to conclude the contract with Domhan Vision UG. The participant does not have to give reasons for the withdrawal. The withdrawal may be expressed in text form (e.g. letter, facsimile or e-mail) and by means of a clear statement of his/her decision to withdraw from the contract. The participant can use the cancellation form below, which is not obligatory. If the participant submits his withdrawal electronically (e.g. by e-mail), he/she will receive a confirmation e-mail confirming receipt of such withdrawal. The deadline for a withdrawal begins at the earliest after receipt of this instruction in text form (e.g. letter or email), but not before the day of the conclusion of the contract and, if it is a contract in electronic correspondence, not before fulfilment of our information obligations in accordance with 312c para. 2 BGB in connection with 1 para. 1, 2 and 4 BGB-InfoV as well as our obligations according to 312e para. 1 Satz 1 BGB in connection with 3 BGB-InfoV. The withdrawal period shall be deemed observed, if the withdrawal notice is sent within the legally set time limit. The withdrawal notice must be sent to: Domhan Vision UG Dorfstrasse 5a 23863 Nienwohld 3
Germany Email: hello@domhan-vision.com Facsimile: +49 (0) 4402 5153459 7 Withdrawal Consequences In the event of an effective withdrawal, Domhan Vision UG will refund all payments received from the participant without delay and at the latest within 14 days from the date on which the notice of withdrawal was received by Domhan Vision UG. For the repayment, Domhan Vision UG uses the same form of payment that the participant used in his/her original transaction. Fees will not be charged to the participant due to this refund. 8 Certificate of Attendance / Certification Each participant receives a certificate of participation from Domhan Vision UG about his/her participation in the respective programme. The naming of the certificate of participation will be done in accordance with the booked programme. 9 Copyrights All programme documentation (in paper as well as all other conceivable forms such as video, audio and digital material) is protected by copyright. Copying, passing on or other use of the programme documents as well as any documents, graphics, pictures and sound materials and other information carriers made available by Domhan Vision UG or its agents is only permitted with the written consent of Domhan Vision UG. 10 Liability The contents of the programmes are carefully prepared and carried out by qualified instructors. Domhan Vision UG accepts no liability for timeliness, accuracy and completeness with respect to the programme documents, the implementation of the programme and its related contents. The Domhan Vision UG is liable to the participant in all cases of contractual and noncontractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses. In other cases, unless otherwise regulated in paragraph 3, Domhan Vision UG is only liable in the event of a breach of a contractual obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the participant may regularly rely on (so-called cardinal duty). In fact, limited to the 4
replacement of the predictable and typical damage. In all other cases, the liability of Domhan Vision UG is excluded, subject to the provision in paragraph 3. The liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability. 11 Photographs The Participant agrees that any recordings made in connection with the S & C Programmes may be used, distributed or published in a modified or unaltered form by Domhan Vision UG and its agents for commercial, non-commercial use. These rights of use apply without restriction to certain areas, including advertising and editorial publications without any time limit. The rights of use may be sold and / or passed on by Domhan Vision UG. The participant also agrees to this transfer of rights of use. During the course of a programme it is not permitted to create photographs and / or images and sound recordings of any kind other than those intended by Domhan Vision UG and expressly authorized in writing or commissioned by Domhan Vision UG. Each participant has the right to revoke his consent to the use of his/her photograph and/or his/her picture or sound recordings in writing at any time. 12 Severability Clause Should one or more regulations of these terms and conditions be or become invalid, the legal validity of the remaining agreement shall not be affected. The same applies accordingly to the incompleteness of the provisions. 13 Law and Jurisdiction The law of the Federal Republic of Germany applies excluding the UN sales law. If the participant has made the booking as a consumer and is ordinarily resident in another country at the time of booking, the application of the mandatory legislation of that country shall remain unaffected by the choice of law made in the first sentence. If the participant is a merchant and has his seat at the time of the order in Germany, the exclusive place of jurisdiction is the domicile of Domhan Vision UG. In addition, the applicable statutory provisions apply to local and international jurisdiction. 14 Privacy Domhan Vision UG treats personal data confidentially and will only use it in accordance with data protection regulations. The applicable rules on the handling of personal data are contained in our privacy policy, available on our website. 5
15 Legal Succession In the event of a change in the legal form, the ownership structure or the divestment of Domhan Vision UG or the Sport & Careers Programme, the legal successor of Domhan Vision UG shall exercise all rights and obligations towards the participant. 16 Settlement of Disputes The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. Sample withdrawal form If you wish to withdraw from the contract, please draft a letter with the following contents and send it to us. Domhan Vision UG, Dorfstrasse 5a, 23863 Nienwohld; Germany Email: hello@domhan-vision.com Facsimile: +49 (0) 4402 5153459 I / we (*) hereby withdraw from the contract concluded by me / us (*) for the provision of the following service (*): [Sport & Careers "programme name mentioned in the contract confirmation including planned starting date] booked on (*) / received on (*) name of the participant (s) address of the participant (s) Signature of the consumer (s) (only when notified on paper) date (*) Delete as appropriate 6