1.1 Mr Matthias Kolbusa, Schaarweg 16, 23730 Neustadt-Pelzerhaken, Email: matthias@kolbusa.com, Phone: +49 (0)40 401 3789-0, Fax: +49 (0)40 401 3789-99 (hereinafter referred to as “Matthias Kolbusa”) offers events, workshops, seminars and mentoring for companies.
1.2 Matthias Kolbusa’s services are directed exclusively at entrepreneurs. An entrepreneur within the meaning of Sec. 14 German Civil Code (BGB) is any natural or legal person or incorporated partnership which, when concluding an agreement, acts by way of exercising a commercial or self-employed professional activity. Matthias Kolbusa does not provide any services to consumers within the meaning of Sec. 13 German Civil Code.
1.3 The present General Terms and Conditions of Business (T&Cs) form a component of the agreement, and apply to all, i.e. also future, business relationships between Matthias Kolbusa and his clients. The General Terms and Conditions of Business, as amended, are accepted by you in full as at the date of concluding the agreement. Any provisions which deviate from these Terms and Conditions, in particular also any T&Cs of yours, are hereby contested.
1.4 Should Matthias Kolbusa update these T&Cs, clients will be informed about the new version without delay. The new T&Cs shall form a component of the agreement, if the client has agreed to them or the T&Cs have not been contested by the client within two weeks of being notified of the update.
2.1 All offers are always subject to change without notice and non-binding. An agreement shall materialize by way of an offer and acceptance. The announcement of events on the website of kolbusa.de or kolbusa.com, and in any promotional materials, does not yet constitute an offer in the legal sense. Agreements are concluded with Matthias Kolbusa, as follows:
a.) In order to register for an event, select the desired event, seminar or mentoring on the Kolbusa website, kolbusa.de or kolbusa.com. On the sub-page of the corresponding event, you can register, using an online form to be filled out by you and transmitted electronically. By clicking on the “SEND REGISTRATION AND ATTEND” button, you submit a binding application to conclude an event agreement.
b.) In order to register for an event, you can also use the hard copy forms that Matthias Kolbusa provides, e.g. in promotional materials. A registration is implemented by your filling out such a form, signing it and transmitting it to us by letter, fax or email attachment. By transmitting a registration, you submit a binding application to conclude an event agreement.
2.2 Once you have registered, we will send you a confirmation of registration by e-mail (if applicable, also by fax or through the mail). Said confirmation of registration constitutes the acceptance of your offer. Should you not receive the confirmation of registration within seven days of filing your application, please get in touch with us without delay.
2.3 In the case of events with a limited number of seats available, attendance is taken into account in accordance with the sequence of receipt of registrations.
2.4 A concluded event agreement is binding, and cannot be unilaterally terminated or canceled by you. Your statement that you no longer wish or are no longer able to attend an event does not absolve you from your contractual obligation to pay the attendance fee. Any attendance fee that has already been paid will not be refunded. You are, however, up to tow times entitled to rebook your tickets to another event mentioned on kolbusa.com website.
3.1 The details of the provision of services (content, venue, time, etc.) will be given in the event description and/or in the confirmation of registration. Please note in particular that our events take place at various locations. The respective event venues are indicated in the event description and/or in the confirmation of registration.
4.1 All rates are indicated in euros or US dollars, without any reductions, and are net of the statutory VAT. The attendance fees specified on the website as at the date of registration shall apply.
5.1 You can pay the attendance fees via our website at the time of registration (see Clause 2.1 a.) on account, by credit card or PayPal. In the case of registrations using our hard copy registration forms (see Clause 2.1 b.) you will pay on account.
5.2 In regard to the payment methods offered by us in detail:
a.) On account: If you register for an event using our hard copy registration form, or if, when you book an event on our website, you opt for “PAYMENT ON ACCOUNT" as the payment method prior to concluding the registration, we will send you a corresponding invoice by mail, fax or as an email attachment. The payment will then have to be made by bank transfer, using the bank details specified on the invoice. Please give your full name or company name and the invoice number when making a bank transfer.
b.) PayPal: Prior to concluding your registration on our website, you select “PayPal” – a service of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg – as your payment method. Please follow the further instructions on our website, and/or those of “PayPal”. Prior to the final conclusion of your registration, you will be asked by “PayPal”, in a separate window, to arrange for the payment.
5.2 A payment on account requires to be made at the latest within 14 days of receipt of the invoice, or up to three days prior to commencement of the event (depending upon which date occurs earlier). Pertinent for the timeliness of the payment is receipt of the payment in the account specified on the invoice. A payment by PayPal is due upon concluding the agreement.
5.3 Should the attendance fee not be paid on time, Matthias Kolbusa shall be entitled to withdraw from the contract, in order to be able to re-allocate the seats for the event.
6.1 Matthias Kolbusa shall be obliged to inform the attendees registered about any cancellation or postponement of an event in writing without delay, by email or fax.
6.2 Matthias Kolbusa shall be entitled to cancel an event in the event of illness and in the case of Acts of God (extraordinary circumstances falling within the sphere of Matthias Kolbusa). In addition, Matthias Kolbusa reserves the right to cancel an event in the event of the necessary minimum number of attendees not being reached. We will refund you any attendance fee already paid, after canceling an event.
6.3 In the event of a date being postponed, you are entitled to withdraw from the contract by mail, fax or email within seven days of being informed about the new date (see Clause 6.1). Pertinent for adhering to the deadline is our receipt of your declaration of withdrawal. Any payments already made will be refunded in the event of a withdrawal made in good time.
7.1 Any liability on the part of Matthias Kolbusa – irrespective of on what legal grounds –shall only occur if the damage
a.) has been caused by culpable infringement of a cardinal obligation or significant secondary obligations in a manner that jeopardizes the achievement of the contractual purpose; or
b.) due to gross negligence or willful intent on the part of Matthias Kolbusa
7.2 Should Matthias Kolbusa be liable, in accordance with Clause 7.1 a.), for the infringement of a cardinal obligation, without gross negligence or willful intent existing, said liability shall be limited to the scope of damage with the emergence of which Matthias Kolbusa would typically have to reckon when concluding the agreement based on the circumstances known to it as at this date. This shall likewise apply to any losses based on the gross negligence or willful intent of employees or agents of Matthias Kolbusa. Liability for consequential damage, in particular lost profits or compensation for damage caused to a third party, shall be excluded unless Matthias Kolbusa is guilty of willful intent or gross negligence.
7.3 Claims for compensation for damage under the Product Liability Act or for losses arising from injury to life, the body or the health, shall not be affected by the above limitations of liability.
7.4 The above limitations of liability shall also apply in favor of any legal representatives and vicarious agents of Matthias Kolbusa, who may be involved.
7.5 Matthias Kolbusa shall be liable for a maximum period of one year as from the breach of duty being identified.
The client is in agreement with Matthias Kolbusa – following the prior agreement of the parties – being permitted to use its name and its logo on the Kolbusa website and in its promotional materials (flyers, brochures, etc.) free of charge, as well as without limitation of time or place, in order to provide information on the services provided or the collaboration, and advertise with the latter.
9.1 When handling your personal data, we comply with all the provisions of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). We are entitled to gather, process and use all the data concerning the business relationship with you, while observing these laws. The personal data that you provide in the course of your registration is processed in order to fulfill and execute the event agreement concluded.
9.2 You can find further information on the nature, scope, location and purpose of the gathering, processing and use of the personal data required in order to implement purchase orders in our Privacy Policy, available at kolbusa.com.
As our services are exclusively directed towards entrepreneurs (see Clause 1.2), the statutory provisions on the extrajudicial alternative dispute resolution in regard to consumer disputes do not apply.
In so far as statutorily admissible, German law shall apply, subject to exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of fulfillment and place of jurisdiction shall be the location of the registered office of Matthias Kolbusa.
Status: January 2024
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