General Terms and Conditions

for Training Events Conducted by IT Learning Solution GmbH

1. Scope

1.1 These General Terms and Conditions of Business shall apply to courses and training — hereinafter referred to as "classes" — conducted by IT Learning Solution Gmb, hereinafter referred to as the "Organizer."

1.2 Any other general terms and conditions of business or purchasing shall not become part of the contract even if the Organizer does not object explicitly to such terms.

2. Admission requirements

2.1 The classes offered by the Organizer are open to any interested party possessing the qualifications set out in the specifications, if any such admission requirements are specified.

2.2 In the event that admission requirements are specified, the Organizer is entitled to determine if the participant meets these requirements. The participant is to submit the requisite documentation on demand. If the Organizer does not exercise his right to verify the participant's eligibility, the buyer shall be obliged to pay the course fees even if the admission requirements are not met.

3. Registration

3.1. Please submit your registration for training events in writing to:

IT Learning Solution GmbH
Gasstr. 4a
22761 Hamburg
+49 40 253346149

3.2. You will receive written confirmation of registration from us with detailed information on the course for which you have registered (venue, date, and time of events) no later than 14 days prior to the start of the course. The conclusion of the contract shall only come into existence upon written confirmation of the order. Verbal promises or subsidiary agreements shall only become valid upon written confirmation.

3.3. We reserve the right to cancel the course no later than 14 days prior to its start if the number of confirmed registrations is insufficient.

3.4 There is no right of attendance for classes with limited enrollment.

4. Fees

4.1 All fees are net fees, that is, they are subject to value-added tax or any other applicable national taxes of the country in which the course is conducted. Our current list of fees is valid; upon publication of a new fee list, these new fees are valid.

4.2 The tuition fees for courses conducted at our facilities cover the use of training systems, beverages and/or lunch, and student kits.

5. Execution

5.1 Changes in content that could change the learning objective may be made at the request or with the approval of the parties responsible for recognizing the targeted qualifications or certification.

5.2 The Organizer reserves the right to change or reschedule the agenda and/or replace instructors, provided the objective of the event is not fundamentally changed by doing so.

5.3 Classes designated as 'guaranteed to run' are guaranteed to be held. The venue is subject to change. The Organizer may also make reasonable changes to the duration of the class.

6. Obligations of the participant

6.1 The participant undertakes to observe the rules of the house in force at the venue in which the class is held, to participate regularly in the attendance-based events of the contractually stipulated class, to follow the instructions of the teaching and/or training staff and the representatives of the Organizer and his vicarious agents, as well as to refrain from all activities that could impede the proper execution of the class.

7. Cancellations

7.1. Cancellations must be submitted to us in hardcopy and/or electronic form.

7.2. Cancellation charges are as follows:

  • Cancellation up to eleven working days prior to course commencement: No charge
  • Cancellation up to six working days prior to course commencement: 50% of course fee
  • Cancellation five and fewer working days prior to course commencement: 100% of course fee

You are free to name a replacement rather than cancel attendance altogether.

7.3. In the event that we cancel a course because of force majeure or other unforeseeable circumstances (for example, in case of accident or illness of the instructor) the liability of IT Learning Solution GmbH is limited to the refunding of course fees to participants who have arrived at the training location. The Company is not liable for any travel and lodging expenses.

7.4 Grounds for termination of enrolment without notice on the part of the Organizer include but are not limited to persistent or serious disruption of the class, repeated unexcused absences, late payment with more than two overdue installments or repeated late payments despite two written notices, as well as withdrawal or revocation of sponsorship on the part of another payer covering the fee for services rendered.

7.5 The cancellation terms also apply to package bookings. In this case, the cancellation charges will be deducted proportionally from the balance of payments made for the package course fee.

8. Re-registration

8.1 Our cancellation terms apply accordingly to courses that are rebooked.

9. Deviating terms and conditions apply to private courses

9.1 Private courses are those which meet at least one of the following criteria:

  • The course content was designed specifically to the client's requirements.
  • The course is held for a closed group of participants.
  • The course takes place on the client's premises or as an in-house seminar on the premises of the Organizer.

9.2 The cancellation costs mentioned under 7.2 do not apply to private courses. Free cancellations are not possible for private courses after written order placement.

9.3 In the event of cancellation, the Organizer reserves the right to charge all expenses caused by the order. This also includes a possible loss of earnings of the instructor.

9.4 In the event of postponements of course dates and/or changes to the course location caused by the client, the Organizer also reserves the right to invoice the costs incurred as a result.

10. Partner courses

10.1 The general terms and conditions of the respective companies in effect at the time of registration shall apply to classes conducted by third party vendors and partners of IT Learning Solution GmbH. This applies, but is not limited, to their terms of cancellation.

11. Terms of Payment

11.1 The quoted prices are subject to statutory sales tax and are payable immediately without deductions on receipt of invoice.

11.2 The payment costs, in particular for wire transfers from abroad, shall be borne by the customer. All bank transfer fees must be paid in full by the buyer; that is, the full invoiced amount is to be credited free of charge to our bank account.

11.3 We accept payment by bank transfer or credit card (VISA or MASTERCARD) only.

11.4 The customer shall only be entitled to offset a payment against claims that have been asserted at law or are uncontested by the Organizer. The customer may exercise a right of retention only to the extent that the counterclaim stems from the same contractual relationship.

12. Warranty

12.1 IT Learning Solution GmbH offers you the highest quality training in the field of high-end networking. If you are not fully satisfied during the first day of training, simply let your coach know. You will be refunded the course fees in full.

12.2 In this case, however, we reserve the right to charge the costs of training materials and labs that have been reserved for you. The amount is calculated on the basis of the actual costs incurred.

13. Copyrights

13.1 All rights reserved, including the rights to translate, reprint, and copy training documents and parts thereof. Processing, copying, distributing, or public rendering of training documents in whole or in part in any form or by any means electronic, mechanical, photocopying, microfiche, recording or otherwise without our prior written consent is prohibited. This applies in particular to use of these materials for training purposes.

14. Liability

14.1 Any liability for claims against IT Learning Solution GmbH or its vicarious agents, in particular, claims of compensation for consequential damages, irrespective of legal foundation, such as business interruption or stoppage, loss of earnings or profits, data loss, and so forth, are excluded. IT Learning Solution GmbH is not liable for any belongings that the customer brings to a course.

15. Place of performance / venue

15.1 The place of performance shall be the location at which the class is held as communicated to the participant in writing. Berlin is the venue for all legal disputes with merchants, legal entities under public law or special funds under public law arising from the booking.

16. Data Protection

16.1 Basic information on data processing and legal bases

a. The following provisions will inform you about the type, scope and purpose of the processing of personal data within our course offering. The customer agrees to the processing of his data, as far as this is within the scope of the purpose of the legal relationship.

b. The terms used, such as "personal data" or their "processing", refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

c. The personal data of customers processed in the course offer includes customer records (e.g. names and addresses), contract data (e.g. services used, names of agents, payment information), usage data (e.g. interest in our products) and content data.

d. We process personal data of customers only in compliance with the relevant data protection regulations. This means that customer data will only be processed only if a legal permission has been obtained. In particular, if the data is processed for the fulfilment of our contractual services (e.g. processing of orders), or is required by law. In addition, customer data will be processed if the user has given his or her consent, or on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation and security of our course offering within the context of Art. 6 (1) (f). GDPR). e. We point out that the legal basis of the consent is Art. 6 (1)(a) and Art. 7 GDPR, the legal basis for the processing for the fulfilment of our services and implementation of contractual measures is Art. 6 (1)(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 (1)(c) GDPR and the legal basis for processing to protect our legitimate interests is Art. 6 (1)(f) GDPR.

16.2 Safety precautions

a. We take organizational, contractual and technical security measures seriously, in accordance with current technical capabilities. This is to ensure that the regulations of data protection laws are observed, and thus protect the data processed against accidental or intentional manipulation, loss, destruction, or access by any unauthorized persons

16.3 Transfer of personal data to third parties

a. Data will only be passed on to third parties within the framework of legal requirements. We only pass on user data to third parties if, for example, this is necessary for contractual purposes on the basis of Art. 6 (1)(b) GDPR or on the basis of legitimate interests pursuant to Art. 6 (1)(f) GDPR on economic and effective business operations.

b. If we use subcontractors to provide our services, we take appropriate legal precautions, technical and organisational measures to ensure the protection of personal data in accordance with legal regulations.

c. If tools or other means from external providers (hereinafter jointly referred to as "third providers") are used within the scope of this data protection declaration, and their named registered office is in a third country, it is to be assumed that data is transferred to the country in which the third provider has their registered office. Third countries are considered to be where GDPR is not directly applicable, i.e. in principle countries outside of the EU or the European Economic Area. The transfer of data to third countries takes place either if an appropriate level of data protection, user consent or other legal permission is existing.

16.4 Performance of contractual services

a. We process customer records (e.g. names and addresses as well as contact data of users), contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 (1)(b) GDPR.

b. Users can opt to create their own user account, in particular for viewing their orders. During the registration process, the required information will be communicated to the user. The user accounts are not made public and cannot be indexed by search engines. If user terminate their account, their data will be deleted, subject to storage for commercial or tax reasons according to Art. 6 (1)(c) GDPR. It is the user’s responsibility to save their data, before the end of the contract, if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

16.5 Establishing contact

a. When contacting us (via contact forms or e-mail), the user's details are processed for conducting the enquiry request and its handling in accordance with Art. 6 (1)(b) GDPR.

b. User information can be stored in our Customer Relationship Management System ("CRM System").

c. We use an internal CRM system, developed by Fast Lane Institute for Knowledge Transfer GmbH, based on our legitimate interests, such as an efficient customer management.

16.6 Rights of users

a. Users have the right, upon request and free of charge, to receive information about the personal data that we have stored about them.

b. In addition, users have the right to correct inaccurate data, to limit the processing and deletion of their personal data, if applicable, to assert their rights to data portability and, in the event of the assumption of unlawful data processing, to file a complaint with the competent supervisory authority. c. Likewise, users can revoke consent at any time.

16.7 Deletion of data

a. The data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to keep it in safekeeping. If the user's data is not deleted because it is necessary for legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax reasons.

b. In accordance with statutory requirements, the records are kept for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.)

16.8 Right of objection

Users can object to any future processing of their personal data in accordance with legal requirements at any time. The objection may be lodged against any processing for direct marketing purposes.

Do you have any questions regarding our data protection policy? You can contact our data protection experts at any time:

  • Person responsible: IT Learning Solution GmbH; Gasstr. 4a; 22761, Hamburg, Germany; District Court Hamburg – HRB 132 657; +49 (0)40 2533462111; Managing Director: Torsten Poels

(as of Mai 22, 2018)