General terms and conditions
Status: 08th December 2020
The following General Terms of Business shall apply only to corporate customers and natural persons acting for purposes relating to their trade, business, craft or profession. The following General Terms of Business shall not apply to customers.
1. subject matter of the contract and scope
The OSINSTITUT, ortho & sport, owner Matthias [Georg-Brauchle-Ring 93, 80992 Munich] - in the following "OSINSTITUT" or "we"/"us" - is represented by Mr Matthias Keller. The OSINSTITUT offers professional education and further training measures ( in the following: "seminars") for medical and sports science professions (including the OS seminar system) and thus primarily addresses persons who participate for the purpose of professional education and further training within the scope of their commercial or self-employed activity. Participation for private purposes is possible. The persons registered for our seminars are hereinafter referred to as "participants".
These General Terms and Conditions ("GTC") govern the legal framework for participation in the seminars offered by the OSINSTITUT, as described on the OSINSTITUT's website at www.ostinstitut.com.
For participation in seminars booked via our website and conducted by our cooperation partners, the GTC of the respective cooperation partner shall apply. You will be informed of this separately when registering for the seminar organised and conducted by the respective cooperation partner.
2. registration/ conclusion of contract
Registration for the seminars of the OSINSTITUT takes place via our website and requires prior, one-time registration and the associated creation of a personal OS account.
By sending the completed booking form to the OSINSTITUT, the participant makes a legally binding offer to conclude a contract on participation in the seminar selected by him/her under the conditions stated in the seminar description. The contract shall only come into effect upon acceptance of your offer by the OSINSTITUT by sending a booking confirmation.
3. services of the OSINSTITUT
The seminar fee only includes participation at the seminar offered by the OSINSTITUT and selected by the participant. Additional services (e.g. hospitality or accommodation) shall only be owed by the OSINSTITUT if this is expressly stated in the respective seminar description and has become part of the contract.
The OSINSTITUT shall issue you - or the substitute participant named by you under the conditions of Clause 5 - with a certificate of attendance after participation and payment of the seminar fee. The certificate will be issued electronically and made available to the participant for download in the personal area of his/her OS account on our website.
4. seminar fee and due date
The contractually agreed amount of payment due is the seminar fee stated in the description of the seminar booked by you. The OSINSTITUT reserves the right to accept education vouchers, further education cheques or similar for payment of this fee in individual cases. The OSINSTITUT may grant a discount on the seminar fee for pupils, students and trainees for individual events upon presentation of a valid proof of education. There is no legal entitlement to the granting of this discount.
Payment of the seminar fee is due four weeks before the seminar begins. If the registration is made less than four weeks before the start of the seminar, payment is due when the contract comes into effect.
The OSINSTITUT will send you an invoice by email approx. twelve weeks before the start of the seminar, in the case of later bookings close to the conclusion of the contract. The seminar fee is to be paid into the account specified in the invoice. The date on which the amount is credited to the OSINSTITUT's account shall be decisive for timely payment.
5. right of withdrawal and nomination of a substitute participant
The OSINSTITUT grants you the right to withdraw from the contract at any time up to three days before the start of the seminar without giving reasons. The withdrawal becomes effective as soon as we receive it in writing or text form (e.g. email).
If you withdraw less than ten weeks before the start of the event, the OSINSTITUT will charge a fixed cancellation fee, the amount of which depends on the date of withdrawal:
- more than 14 days and less than ten weeks before the start of the seminar: EUR 30.00
- less than 14 days before the start of the seminar: 30 % of the seminar fee
- less than 3 days before the start of the seminar, cancellation is no longer possible and the full seminar fee will be charged.
If you are unable to attend the OSINSTITUT seminar you have booked, you can nominate a substitute participant by letter or email up to 48 hours before the seminar begins. The substitute participant will then take your place at the OSINSTITUT seminar. However, as a contractual partner of the OSINSTITUT, you remain responsible for payment of the course fee and must come to an agreement with the substitute participant named by you regarding the internal compensation of costs.
6. subject to cancellation of events by OSINSTITUT
In case of short-term cancellation of the lecturer, short-term closure of the venue or in cases of force majeure, the OSINSTITUT reserves the right to cancel the seminar you have booked. This also applies if the number of registered participants turns out to be insufficient to enable the seminar content to be imparted in a meaningful way.
The OSINSTITUT will notify you by email of any cancellations or necessary changes to the seminars you have booked immediately after becoming aware of the reason for the cancellation. In the event of a cancellation, the OSINSTITUT will refund the seminar fee paid by you. Any further liability for damages and expenses shall only exist under the conditions stated in Section 10.
7. participation in practical exercises
Participation in practical exercises within the seminars of the OSINSTITUT is always voluntary for the participants. Successful completion of the seminar is also possible without participation in practical exercises.
Participants are obliged to inform the lecturers of any indisposition, pain or other physical contraindications occurring during the seminars, which may stand in the way of participation in practical exercises or in the seminar, immediately upon the occurrence of the physical contraindication.
8. documents and copyrights
The seminar documents provided by the OSINSTITUT are protected by copyright and may not be distributed or reproduced - not even in part - without the consent of the OSINSTITUT. The OSINSTITUT shall only make the documents available to the participants personally and to an extent as expressly agreed in the services or as is absolutely necessary for the purpose of fulfilling the services.
Liability for the correctness, completeness and up-to-dateness of the documents made available by the OSINSTITUT shall only be assumed in accordance with the conditions stated in Section 10.
The recording of sound, image and video material during seminars of the OSINSTITUT shall not be permitted.
Selected participants who have successfully completed both modules of the seminar system, including the final exam, may be added to our list of "OSCOACHES". The inclusion of participants in this list as well as their retention on the list is at the discretion of the OSINSTITUT. There is no legal claim to inclusion.
The services of the OSINSTITUT serve the professional education of the participants. The OSINSTITUT and its employees do not make physiotherapeutic or medical diagnoses for the participants themselves or for their patients or clients and do not give or replace individual recommendations. The participant is responsible for the selection, application and suitability of the teaching content imparted by us for the concrete treatment or consultation of his patients/clients.
The OSINSTITUT shall not be liable for slightly negligent breaches of duty, unless damage resulting from injury to life, body or health is concerned or claims under the product liability act are affected. Liability for guaranteed characteristics and the breach of such contractual obligations, compliance with which is of particular importance for achieving the purpose of the contract and compliance with which the participant may regularly rely ("cardinal obligations"), shall also remain unaffected. In these cases, however, liability shall be limited to typical damages that are foreseeable at the time of the conclusion of the contract.
Insofar as the liability of the OSINSTITUT is limited or excluded, this shall also apply to their legal representatives, employees and assistants.