Terms and Conditions

General Terms and Conditions ProFlyCenter GmbH

  1. scope of application

All deliveries (purchase contracts) and services (work, services and training) of ProFlyCenter GmbH are exclusively subject to the following General Terms and Conditions, unless an individual written agreement has been made. The terms and conditions shall also apply to all future business relations with the customer, even if they have not been expressly agreed again in each case. Other general or special terms and conditions of ProFlyCenter customers are only effective if they have been confirmed in writing by ProFlyCenter GmbH. The same applies to amendments and additions to these general or special terms and conditions of the customer.
In particular, these GTC refer to the seminars in the training centres of ProFlyCenter GmbH as well as to the customer-specific trainings on the premises of the customer or in the training rooms of ProFlyCenter GmbH.

  1. conclusion of the contract

The offers of ProFlyCenter GmbH are subject to change and non-binding unless otherwise agreed in writing. A contract shall only be concluded upon written confirmation of the order by ProFlyCenter GmbH, at the latest, however, upon delivery to the customer (purchase contract) or commencement of the contractually agreed services (work, service and training services). Verbal promises, subsidiary agreements as well as statements to the contrary in brochures, price lists, advertisements etc., irrespective of whether these have been made verbally or via the Internet (e-mail), always require the written confirmation of ProFlyCenter GmbH in order to be binding.

  1. withdrawal from the contract

ProFlyCenter GmbH is entitled to withdraw from the contract in the event of impossibility for which ProFlyCenter GmbH is not responsible, force majeure, strike, natural disasters, etc., behaviour of the client in breach of contract, false information provided by the client regarding creditworthiness or objective lack of creditworthiness, unforeseeable or necessary and unreasonable expenses, as well as obstacles that cannot be overcome. If ProFlyCenter GmbH withdraws from the contract for reasons for which the client is responsible or if the client revokes the order placed, ProFlyCenter GmbH may demand reimbursement of expenses; in the event of premature termination of a contract for work and services, § 649 BGB shall apply in particular.

4 Prices and terms of payment, default in payment, set-off

Unless otherwise agreed in writing, payments are due as in item 8.5. The prices are inclusive of the statutory value added tax applicable at the time. The prices resulting from the order confirmation of ProFlyCenter GmbH are ex ProFlyCenter GmbH headquarters Ubstadter Str. 28, 76698 Ubstadt-Weiher. If no price is specified in the offer or the order confirmation, the ProFlyCenter GmbH prices valid at the time of conclusion of the contract shall apply. Other legal charges in the country of delivery, as well as packaging, transport costs, transport insurances and handling fees will be charged to the customer according to the respective ProFlyCenter GmbH order confirmation. If the payment dates are exceeded, ProFlyCenter GmbH is entitled to interest on arrears in the amount of 8% per year above the respective base interest rate of the ECB according to § 1 Discount Rate Transition Act without further reminder. ProFlyCenter GmbH reserves the right to prove a higher damage caused by default. The customer may only set off undisputed or legally established claims against claims of ProFlyCenter GmbH. The customer may only exercise a right of retention against counterclaims based on the same contractual relationship. In the case of ongoing business relations, each individual order or each individual service agreement shall be deemed a separate contractual relationship.

  1. limitation of liability

ProFlyCenter GmbH shall be liable without limitation for damage caused intentionally or by gross negligence, as well as in cases where liability is mandatory under the Product Liability Act for personal injury or property damage to privately used items: ProFlyCenter GmbH is furthermore liable without limitation for damages resulting from injury to life, body or health. With regard to damages caused by slight negligence on the part of ProFlyCenter GmbH the following shall apply: In the event of a breach of essential contractual obligations endangering the purpose of the contract, the liability of ProFlyCenter GmbH shall be limited to such damages the occurrence of which ProFlyCenter GmbH could reasonably foresee at the time of conclusion of the contract. Liability for financial loss, e.g. loss of production and loss of profit, is limited by the general principles of good faith, for example in cases of disproportion between the amount of remuneration and the amount of damage. If the liability of ProFlyCenter GmbH is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, representatives and vicarious agents. Liability for the recovery of data is excluded unless ProFlyCenter GmbH has caused their destruction intentionally or by gross negligence and the customer has ensured that these data can be reconstructed with reasonable effort from data material held in machine-readable form. In any case, the liability to pay compensation for property damage for which ProFlyCenter GmbH is responsible is limited to the amount covered by ProFlyCenter GmbH's business and product liability insurance. ProFlyCenter GmbH will inform the customer of the corresponding sum insured on request in each individual case.
In the event of cancellation of a seminar due to illness of the lecturer, unless ProFlyCenter GmbH has failed to provide a substitute lecturer due to gross negligence or intent, as well as cancellations for which ProFlyCenter GmbH is not responsible or force majeure, there shall be no claim to the holding of the seminar. In such cases ProFlyCenter GmbH cannot be obliged to reimburse travel and accommodation costs or loss of working hours.
In the case of events in rooms and on the premises of third parties, ProFlyCenter GmbH shall not be liable to the participants in the event of accidents and loss of or damage to their property. The same applies to events held on the premises of ProFlyCenter GmbH or rented premises, unless the damage was caused by ProFlyCenter GmbH or its employees intentionally or through gross negligence.

  1. subcontractors

ProFlyCenter GmbH is also entitled to have contractual obligations partially performed by third parties as vicarious agents.

  1. education/training services

ProFlyCenter GmbH will provide training services within the framework of the periods agreed in writing by qualified employees. Insofar as the training services are provided at the customer's premises, ProFlyCenter GmbH alone is authorised to issue instructions to its employees. ProFlyCenter GmbH reserves the right to select the employees who provide the consulting services. Likewise, ProFlyCenter GmbH reserves the right to replace an employee with another employee with the necessary qualifications at any time.

7.1 Duties to cooperate

The customer shall support ProFlyCenter GmbH in the training services to be provided as agreed. In doing so, the customer shall create free of charge all prerequisites in the area of its sphere of operation which are necessary for the proper provision of the consultancy. In particular, the client shall:

  • to the extent necessary, provide work rooms for the employees of ProFlyCenter GmbH including the work equipment necessary for the fulfilment of the contract as required and to a sufficient extent,
  • appoint a contact person who is available to the employees of ProFlyCenter GmbH for information and questions, etc., during the agreed working hours; this contact person is also authorised to make declarations with effect for the customer which are necessary as an interim decision within the framework of the continuation of the order,
  • ProFlyCenter GmbH all information and documents necessary for the fulfilment of the contract. If the customer fails to cooperate or delays to cooperate in accordance with this or on the basis of a separate agreement, ProFlyCenter may nevertheless demand the agreed remuneration for the training services not provided as a result, without being obliged to provide additional services. If ProFlyCenter GmbH decides to provide the training services nevertheless, this will only be done after a reasonable adjustment of the schedule.

7.2 Delay

If the client is in default of accepting the training services or fails to fulfil a duty to cooperate, ProFlyCenter GmbH is entitled to terminate the contract without notice. On the other hand, this does not affect his obligation to pay the agreed remuneration. Claims for compensation of any additional expenses remain unaffected. If the training services cannot be provided for reasons for which ProFlyCenter GmbH is not responsible, the agreed consulting period shall nevertheless be charged. This does not apply if the client can prove that the relevant employee of ProFlyCenter GmbH has been deployed elsewhere. This shall only not apply if the client cancels an agreed training/education service in good time, i.e. no later than 2 weeks before the agreed date in writing.
If ProFlyCenter GmbH is in default with the completion of the agreed training/education services, the client is entitled to cancel the
respective order after the fruitless expiry of a reasonable grace period granted to ProFlyCenter GmbH. ProFlyCenter GmbH shall not assume any further liability in the event of default.

7.3 Acceptance of education/training services

Training services of ProFlyCenter GmbH must be accepted by the customer in writing within 10 working days after notification of readiness for acceptance by ProFlyCenter GmbH. If the customer fails to give written notice of acceptance to ProFlyCenter GmbH, the training services shall be deemed to have been accepted in accordance with the contract. Likewise, a training service is deemed to have been accepted in accordance with the contract if it is used productively by the customer. The acceptance of the services defined in the service description by the client (CL) takes place immediately after a corresponding notification by ProFlyCenter GmbH, as a rule on the first working day after completion of the use. If the service of ProFlyCenter GmbH complies with the agreements according to the service description, the client declares the acceptance in writing immediately after a successful acceptance test. If the client refuses to declare acceptance in writing to ProFlyCenter GmbH, the work, including partial services, shall be deemed to have been accepted in accordance with the contract upon use by the client.
An employee of ProFlyCenter GmbH shall be available for support during the acceptance inspection to a reasonable extent. Details of the acceptance inspection shall be jointly agreed in writing within a reasonable period of time prior to acceptance. If partial acceptances are agreed, these are to be carried out after completion of corresponding project phases between the client and ProFlyCenter GmbH. If the acceptance inspection is carried out jointly, the CL shall keep a record. The CL shall declare acceptance in writing immediately after successful completion of the acceptance inspection. If the acceptance cannot be carried out twice due to an error in a programme or in other services of ProFlyCenter GmbH, the CL may claim a compensation for delay for the time of delay of 0.5 % per completed week, but in total not more than 5 % of the remuneration of the part of the service in delay. At the same time, the client may withdraw from the contract after the expiry of a reasonable grace period granted to ProFlyCenter GmbH with the threat of refusal. Further claims are excluded. Acceptance by the client shall mean that the services owed by ProFlyCenter GmbH have been rendered essentially in accordance with the contract. The client shall not refuse acceptance due to insignificant defects. Defects which do not prevent acceptance shall be recorded during the acceptance process on the acceptance protocol to be signed by both parties and shall be remedied immediately by ProFlyCenter GmbH within the scope of the warranty obligation.

7.4 Rights to work results

Unless otherwise agreed in individual cases, ProFlyCenter GmbH grants the customer a non-exclusive, non-transferable right of use for internal use, which is not limited in time, for work results created within the scope of the training/education services.

  1. training services

The following training conditions apply to all training services and other events with training content. The services of ProFlyCenter GmbH are provided as part of standardised training courses in training centres (open training courses), online as e-learning, as customer-specific training (in-house training courses) in hotels, training centres or on the client's premises. These services are provided exclusively on the basis of the General Terms and Conditions. By registering for a training course, these terms and conditions are accepted.

8.1 Prerequisites/learning success

Please enquire in good time about the requirements for a seminar. We will advise you in detail on request. The contents of customised training courses are agreed individually and are part of the offer and the order confirmation.

8.2 Scope

All offers published on the company website are exclusively addressed to customers of PFC.

8.3 Conclusion of the training contract

Registration is to be made in writing or online via the ProFlyCenter GmbH homepage to Pro Fly Center. The registration becomes binding for ProFlyCenter GmbH with the issue of a written confirmation of registration.
By registering for a course/training, the registering person, participant or attendee agrees to participate. The registered person will automatically receive a reservation confirmation and an invoice by e-mail for the booked course/training, which is also the booking confirmation.
Upon receipt of payment on the account of ProFlyCenter GmbH, the registration becomes binding for you. You will immediately receive a confirmation of registration. This constitutes an acceptance of your registration declaration. ProFlyCenter GmbH expressly points out that the customer has no right of withdrawal from this contract, i.e. once a binding contract has been concluded, it can only be subsequently cancelled/changed by the customer by means of a written cancellation/change of registration.
Due to the limited number of participants, registrations will be considered in the order in which they are received. The entitlement to participate in the training course only arises after written confirmation and payment of the invoice.

8.4 Training prices

The training price for open training courses is per person including the applicable value added tax. Intermittent participation does not entitle the participant to a reduction of the seminar price. ProFlyCenter GmbH reserves the right to change the contents of training courses, training documents, the duration of training courses, the venue and the prices. In-house training courses are agreed with the customer on an individual basis and are generally subject to the provisions of these General Terms and Conditions unless otherwise agreed in an individual contract. In addition to the applicable value-added tax, the trainer's travel time, travel and hotel costs shall be charged in addition to the prices agreed in each individual contract. Only partial participation or incomplete occupancy of a seminar part does not entitle the participant to a reduction of the agreed price.

8.5 Terms of payment and participation

The training fees are invoiced when the order is placed and are due after ten working days. If the booking is made ten days before the start of the training, the invoice amount must be credited to the ProFlyCenter GmbH account no later than two days before the start of the training. The payment deadline for individual training courses can be agreed individually. The timely payment of the invoice before the start of the training is a condition for participation in the training. In the event of late payment, the registered participant may be excluded from participation in the training. The customer shall not be entitled to any claims due to this exclusion.

8.6 E-learning training

The subject of the service is the purchase of electronic training materials.

8.6.1 Access to the e-learning material

After booking the course, the customer receives the access data to the e-learning portal with the order confirmation. Access to the e-learning course is valid for six months. The data provided for access to the e-learning courses (user name and password) are confidential and may not be passed on to persons other than the activated participant.

8.6.2 Rights and licence of use

All rights to the e-learning courses (exploitation and property rights) remain with ProFlyCenter GmbH. ProFlyCenter GmbH grants the user a non-exclusive, non-transferable and time-limited right of use for the duration of the use.

8.7 Cancellation of an e-learning course

Cancellation of an e-learning course is excluded after receipt of the usage data.

8.8 Cancellation, rebooking or non-participation in open training courses

Cancellation or rebooking in writing of participation in a training course, by e-mail at info@proflycenter.com or to the postal address ProFlyCenter GmbH, Ubstadter Str. 28, 76698 Ubstadt-Weiher, up to 14 days before the start of the training course is free of charge. In the event of cancellation or rebooking, 14 days to 4 days before the training/training date, 50% of the training price will be due. In the event of cancellation or rebooking 3 days to 1 day before the training course/training date, 100% of the training course price will be due. The costs incurred by ProFlyCenter GmbH due to the cancellation or rebooking will also be charged. No costs will be incurred if a substitute participant is registered. In the event of non-participation without cancellation, the full training price will be due. If the cancellation means that the prerequisite for the free provision of products/services such as literature no longer applies, these will be invoiced to the customer retrospectively.

8.9 Cancellation of a training course by ProFlyCenter GmbH

ProFlyCenter GmbH reserves the right to cancel the implementation of a training course for good cause, in particular in the event of illness of the trainer or the occurrence of events that make it technically or economically unreasonable for ProFlyCenter GmbH to provide the service. In the event of cancellation by ProFlyCenter GmbH, the customer will receive a credit in the amount of the training fees already paid. There are no further claims against ProFlyCenter GmbH, in particular the reimbursement of costs arising from loss of work or travel expenses.
Cancellation of workshops/seminars and necessary programme changes A workshop/seminar may be cancelled by ProFlyCenter GmbH for good cause, e.g. if the minimum number of participants of six is not reached, in case of cancellation or illness of a speaker, hotel closure or force majeure.

8.10 Copyright

All training documents and presentations are protected by copyright and are intended exclusively for the personal use of the training participants. All rights, including those to reproduce the seminar documents or parts thereof, are reserved by ProFlyCenter GmbH. No part of the seminar documents may be reproduced in any form without the prior written consent of ProFlyCenter GmbH or, in particular, processed, stored, duplicated, decompiled, reverse engineered, distributed or used for public reproduction using electronic systems. Any software made available during the seminar may neither be taken nor copied in part or in full.

8.10.1 Liability/compensation

Storage media brought by participants (CD-ROM, USB sticks, etc.) may not be used in the ProFlyCenter GmbH training centres. No software may be set up on the hardware or data downloaded from the Internet unless the trainer expressly permits this. The customer can be held fully liable for damages resulting from the use of own storage media or caused by unauthorised setting up of software or downloading of data from the internet.
If ProFlyCenter GmbH supplies hardware (e.g. mobile training servers) and/or software, licences and training environments for customer-specific training courses on the customer's premises, the above provisions shall apply accordingly.
All seminars and customer-specific training courses shall be prepared and conducted with the greatest possible care. Liability in any form is excluded unless intent or gross negligence on the part of an employee of ProFlyCenter can be proven. ProFlyCenter GmbH is also not liable for accidents and damage, loss or theft of objects or vehicles brought along.
Participants can be excluded from the training if:

  • the instructions of the trainer are not followed
  • the participant endangers the safety
  • one of the points relating to copyright is infringed
  • uses equipment that has not been authorised/permitted by the trainer

In the event of exclusion, there is no entitlement to reimbursement of costs. ProFlyCenter GmbH will invoice any additional costs incurred.

8.11 Registered trademarks

ProFlyCenter GmbH does not guarantee that the products, methods and other names listed in the training programme are free of third-party rights.

  1. industrial property rights and copyrights of third parties

ProFlyCenter GmbH assumes no liability for contractual items that infringe industrial property rights or copyrights of third parties, unless these are provided or delivered by ProFlyCenter GmbH itself. The customer has to inform ProFlyCenter GmbH immediately about claims which have been raised against him for the above mentioned reasons.

  1. online dispute resolution

We do not participate in dispute resolution proceedings before a consumer arbitration board.
The online dispute resolution in accordance with Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS). You can find this at
:https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=DE

  1. miscellaneous

The customer is only entitled to assign his claims arising from a contract with ProFlyCenter GmbH if ProFlyCenter GmbH has previously agreed to the assignment in writing. Subsidiary agreements must be made in writing. The place of performance is the respective venue. These General Terms and Conditions replace all previous ones. These terms and conditions shall remain valid in their remaining parts even if individual provisions are invalid.

12 Jurisdiction and applicable law

If the customer of ProFlyCenter GmbH is a registered trader, a legal entity under public law or a special fund under public law, the following provision shall apply with regard to the place of jurisdiction for all disputes arising from the corresponding contract: The place of jurisdiction shall be the registered office of ProFlyCenter GmbH. Applicable law is the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

  1. final provisions

Amendments or supplements to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.

If you are a merchant, a legal entity under public law or a special fund under public law, all disputes arising from the contractual relationship shall be brought before the court that has jurisdiction over our registered office. We are also entitled to take legal action at your principal place of business.

The contractual relationship between you and us shall be governed exclusively by German law, to the exclusion of the provisions of the CISG ("UN Convention on Contracts for the International Sale of Goods").

  1. should individual provisions of these terms and conditions be invalid or contradict the statutory regulations, this shall not affect the validity of the remaining provisions.

Ubstadt-Weiher - 22.04.2020

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