Terms and conditions
GENERAL TERMS AND CONDITIONS FOR TRAINING SERVICES
Energy Brainpool is an independent analysis and consulting company for the energy sector with a focus on international market design, digitization, and energy prices as well as electricity and energy trading. Among other things, Energy Brainpool conducts open trainings in the form of seminars, workshops, Live-Online-Trainings and Simulation Games. The following General Terms and Conditions apply to these training services.
§ 1 Scope of application
1.1. These General Terms and Conditions (GTC) apply to all contracts between the customer and Energy Brainpool GmbH & Co KG (Energy Brainpool) for the provision of training services. Training services are in particular open seminars, workshops, courses, Live-Online-Trainings, conferences and Simulation Games offered by Energy Brainpool. In the following, training services are also referred to as "events".
1.2. These GTC are only superseded by individual written contracts between the customer and Energy Brainpool. Other GTC, in particular GTC of the customer, are not applicable. There are no verbal side agreements.
1.3. The offer of training services is aimed exclusively at entrepreneurs within the meaning of § 14 Paragraph 1 BGB (German Civil Code).
§ 2 Registration and conclusion of contract
2.1. Registration for training services can be made via Internet, letter, fax or e-mail. With the registration, the customer submits a binding offer to conclude a contract for the provision of training services by Energy Brainpool.
2.2. Energy Brainpool confirms to the customer the acceptance of this offer with a registration confirmation. The registration confirmation will be sent in writing or by e-mail. The contract is concluded upon receipt of the registration confirmation by the customer.
2.3. The contract is concluded with the customer. The customer is the company. The participant is the employee designated by the company to participate in the training.
§ 3 Changes and cancellations of events
3.1. Energy Brainpool reserves the right to replace announced speakers with others and to make necessary changes to the event program while preserving the overall character of the event.
3.2. If the execution of an event is not possible due to force majeure, due to unforeseeable unavailability of a speaker, due to disturbances at the event location or due to insufficient number of participants, the customer will be informed immediately.
3.3. Cancellations due to insufficient number of participants will be made no later than 7 days before the event, for online events no later than 3 days before the event. In case of cancellation, already paid participation fees will be refunded. Further expenses (e.g. travel expenses, hotel expenses, etc.) will not be reimbursed.
3.4. Where the training performance includes forecasts, Energy Brainpool will select and review the information and data on which the forecast is based with the usual degree of care in science and will make the forecasts in accordance with the accepted rules of science and technology. In the case of forecasts, however, it is always possible for the actual development to deviate from the forecast development and this does not constitute a deficiency in the services provided by Energy Brainpool. Energy Brainpool does not guarantee that a forecasted development will actually occur.
3.5. If an event cannot take place in whole or partly due to reasons for which Energy Brainpool is not responsible, Energy Brainpool is entitled to withdraw from the contract.
§ 4 Changes and cancellations by the customer
4.1. If the participant named by the customer is prevented from participating, the customer is entitled to name a substitute participant. The substitute participant must be named in writing or by e-mail, stating the name of the substitute participant. Energy Brainpool confirms the change of participant by sending a registration confirmation to the customer. Upon receipt of the registration confirmation by the customer, the contract amendment becomes effective. For Online-Trainings the new participant will be sent his own access code. Personalized access data should not be passed on.
4.2. The cancellation of a registration is free of charge until 28 days before the beginning of the event at the latest, for online events 14 days before the start of the event. In the event of a later cancellation, a cancellation fee of 75 % of the participation fee (when applicable) will be charged. Participation fees already paid will be refunded in full or on a pro rata basis. If a cancellation is made less than seven days before the first day of the training, Energy Brainpool will charge the full participation fee. The same applies if the participant does not show up on the day of the event.
§ 5 Implementation of the trainings
5.1. To participate in a Live-Online-Training from Energy Brainpool, the participant needs a computer with internet connection and sufficient bandwidth (e. g. 6000 DSL) as well as headphones/speakers. The participant is responsible for providing these technical requirements. Energy Brainpool will not cover the costs for the necessary equipment. Participants will be informed in writing of any additional system requirements in due time.
5.2. Energy Brainpool will send the participant in due time, before the start of the booked Live- Online-Training, the access data for the learning platform to the email address given in the registration form. The access data may not be passed on to third parties or made publicly available.
5.3. Unless otherwise agreed, the training courses are conducted in German. In order to be able to conduct discussions if necessary and to enable participation, a sound knowledge of the language used is required.
§ 6 Training documents
6.1. Energy Brainpool training documents will not be handed out to the participant on data carriers. However, Energy Brainpool provides the participant with the training documents in PDF format for download or by e-mail.
6.2. The training documents are intended to be printed once only for the participant. They are protected by copyright and may not be passed on, changed, reproduced, processed, distributed or used for public reproduction outside of the training service without the written consent of Energy Brainpool. Furthermore, the recording of the event, e.g. the use of screen recording programs during Live-Online-Trainings, is prohibited. Other employees of the customer are not third parties within the meaning of this provision.
6.3. The customer grants Energy Brainpool an appropriate contractual penalty for each case of infringement in the event of unauthorized use by third parties. This amounts to at least four times the remuneration. Further claims for damages and the right to terminate this contract without notice remain unaffected.
§ 7 Terms of payment, offsetting and right of retention
7.1. Participation fees for training services (when applicable) are per person and include conference documents, at live events additional lunch and drinks during breaks, unless otherwise agreed in individual cases. They will be charged in addition to the applicable statutory value-added tax.
7.2. Participation fees for training services are due for payment 14 days after receipt of invoice, but for open events already before the start of the respective event.
7.3. If the customer is in default of payment, Energy Brainpool is entitled to charge interest on late payment at a rate of 9 percentage points above the respective base interest rate. We reserve the right to claim further damages.
7.4. The customer can only offset against legally established claims or claims acknowledged in writing by Energy Brainpool.
§ 8 Confidentiality
8.1. Energy Brainpool undertakes to keep unlimited confidentiality towards third parties regarding all matters of the customer which have become known within the scope of the training service even after the termination of the contract.
8.2. In addition, Energy Brainpool undertakes to carefully store any documents provided for the purpose of the training service and to protect them against inspection by third parties.
§ 9 Liability
9.1. Energy Brainpool is liable without limitation for intent and gross negligence.
9.2. For simple negligence Energy Brainpool is liable - except in the case of injury to life, body or health of a person - only if essential contractual obligations (cardinal obligations) are violated. "Essential contractual obligations" of Energy Brainpool are those which result from the nature of the contract, the fulfillment of which is essential for the proper execution of the contract and on the fulfillment of which the customer therefore relies and may rely.
9.3. The liability for the violation of essential contractual obligations in the case of simple negligence - except in the case of injury to life, limb or health of a person - is limited to the contract-typical, foreseeable damage.
9.4. The statutory strict liability remains unaffected.
§ 10 Data protection
10.1. The personal data of the customer collected by Energy Brainpool within the scope of the contractual relationship are automatically stored and processed by Energy Brainpool. They are processed and used exclusively within the scope of the purpose of the contractual relationship (e.g. for invoicing, for access to the Live-Online-Trainings) in compliance with the applicable data protection provisions of the EU General Data Protection Regulation (GDPR).
10.2. The data will not be collected, processed or used for any other purpose unless the customer has given his express consent.
10.3. In addition, the Data Protection Declaration of Energy Brainpool applies: https://www.energybrainpool.com/en/data-protection.html.
§ 11 Text form
All changes, additions and cancellations of the contract must be made in writing.
§ 12 Anti-corruption and bribery
12.1. Energy Brainpool and the customer commit themselves to comply with all German anti-corruption laws when fulfilling the contract.
12.2. In any event, this obligation includes prohibiting unlawful payments or other unlawful advantages to public officials, business partners, their employees, family members or other partners, and prohibiting acceleration payments to public officials or other persons.
12.3. Energy Brainpool and the customer will support each other in measures to prevent corruption and in particular will inform each other immediately if they have knowledge or a concrete suspicion of corruption cases which are in a concrete connection with this contract or its fulfilment.
§ 13 Severability clause
Should individual provisions of the contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the contract.
§ 14 Choice of law, place of jurisdiction
14.1. German law is exclusively applicable.
14.2. Berlin shall be the agreed place of jurisdiction for all disputes arising within the framework of the execution of these contracts.