§ 1 General
§ 2 Prices
§ 3 Payment
§ 4 Performance of training sessions
PROAKTIV® Management Asia Ltd. undertakes to adhere to the training dates agreed with the contractual partner and/or the participants with the exception of cases of force majeure. Should a trainer fail to attend, PROAKTIV® Management Asia Ltd. shall, where possible, provide a suitable replacement following immediate notification by the contractual partner.
§ 5 Confidentiality obligations
§ 6 Postponement and cancellation of training sessions
1. The wishes of the contractual partner regarding postponement of training sessions once a course has already begun can be satisfied if the contractual partner informs PROAKTIV® Management Asia Ltd. of this wish in writing at least four weeks before the relevant training session, and if PROAKTIV® Management Asia Ltd. can offer an alternative date. If this notice period is not observed or the alternative date is not feasible, the contractual partner shall undertake to pay the cancellation fees agreed under Article 6 no 2 and 3. Should the postponed training session also fail to take place on the agreed alternative date, this postponement shall be treated as a cancellation according to no 3 a) of the General Terms and Conditions, regardless of the time of cancellation.
2. The following regulations shall apply to any cancellation of a training session:
3. In the event of cancellation of training sessions, regardless of the reason for cancellation and taking into account the expenses saved, the following cancellation fee shall be incurred, which is to be paid to PROAKTIV® Management Asia Ltd. and is due on the day of cancellation:
a) for cancellations made no later than 60 days before the first training session, 30% of the cancelled order value
b) for cancellations made no later than 30 days before the first training session, 50% of the cancelled order value
c) for all later cancellations, 80% of the cancelled order value.
4. PROAKTIV® Management Asia Ltd. is also at liberty to prove that the value of the damage actually incurred in Article 6, no 3 of these General Terms and Conditions exceeds the specified cancellation fees.
5. The customer is expressly permitted to prove to PROAKTIV® Management Asia Ltd. that no damages occurred at all or only to a lesser extent.
6. All cancellation notifications fundamentally require the written form. The same applies to exceptions to this cancellation regulation that have to be countersigned on an individual basis by the management of PROAKTIV® Management Asia Ltd.
7. For each cancellation or postponement, PROAKTIV® Management Asia Ltd. shall charge a handling fee of 10% of the overall cost.
8. Insofar as no cancellation has been submitted to PROAKTIV® Management Asia Ltd. before the start of a training session and a trainer commissioned by PROAKTIV® Management Asia Ltd. has arrived for the relevant training day, PROAKTIV® Management Asia Ltd. is entitled to full compensation for personnel and administration costs incurred to date for the relevant training session booked.
§ 7 Quality assurance for the training sessions
The training sessions commissioned by the contractual partner shall be performed in accordance with the quality standards of PROAKTIV® Management Asia Ltd. Practical relevance and catering to individual requirements determine the structure and progress of the sessions. Content components are designed and implemented in a way that is tailored to specific target groups, i.e. taking into account the previous knowledge of the participants. The objectives of the communication and behavioural training sessions shall be planned individually together with the contractual partner. The training sessions are exclusively run by trainers who meet the quality standard of PROAKTIV® Management Asia Ltd.
§ 8 Compensation
§ 9 Place of performance/jurisdiction
§ 10 Severability clause
Should one of the above provisions be or become invalid, the remaining terms and conditions shall remain valid. Legal regulations shall apply thereafter in place of the invalid clauses. Insofar as no legal regulation exists, the parties are obligated to reach an agreement that comes as close as possible to the intended commercial purpose of the invalid clause.