§ 1 Scope of application
The business relationship between AVATARA Marketing- und Vertriebsberatung München GmbH (hereinafter AVATARA GmbH) and the customer is governed exclusively by the following General Terms and Conditions of Business of AVATARA GmbH in the version valid at the time of ordering/registration. Deviating, conflicting or supplementary terms and conditions of the customer are not valid unless AVATARA GmbH has expressly agreed to their validity in writing.
The General Terms and Conditions apply to all events/seminars/conferences (hereinafter referred to as events) booked through AVATARA GmbH as operator of the Franchise Business Community. Excluded are internal events and company training courses.
By ordering/registration for an event the orderer/event participant/customer accepts the General Terms and Conditions of AVATARA GmbH with binding effect.
§ 2 Subject matter of the contract
The subject matter of the contract is the participation in events booked through AVATARA GmbH as operator of the Franchise Business Community.
§ 3 Conclusion of contract
Orders/registrations must be made in writing (via Ticket Online Shop). The receipt of the order/registration will be confirmed to the customer immediately by e-mail. The order/registration is then legally effective. AVATARA GmbH is not liable for transmission errors.
For events with a limited number of participants, orders/registrations will be considered in the order in which they are received. Participants' data will be processed electronically for internal purposes only in the course of registration. The data accompanying the registration will be stored in compliance with the data protection regulations.
§ 4 Payment of the event fees
The event fees are paid in Euro. All prices are net plus the statutory VAT applicable at the time of ordering/registration. The amount of the event fee is understood to be the price for the event, documents, handouts and certificates of participation, unless otherwise expressly stated in the program description.
The invoice will be issued directly after order/registration. The invoice amount is due for payment without deduction within 14 days after receipt of the invoice in the case of payment by bank transfer; in the case of payment by credit card, the invoice amount is debited immediately. Participation in the event is only permitted if the event fees have been received in full in the AVATARA GmbH account before the event begins.
Unauthorised use of voucher codes leads to cancellation of the order/registration by AVATARA GmbH.
§ 5 Cancellation of order/registration
The contract for the registration for the event becomes irrevocable when the order/registration confirmation is sent by e-mail. Cancellation of the order/registration is possible after payment of the order/registration via the Ticket Online Shop or in writing by e-mail to info@benchmarkday.de and does not require any justification. Cancellation can be made up to 21 days prior to the event for a fee of 25% of the invoice amount. If the cancellation is made within a period of 20 days before the date of the event, a fee amounting to the entire invoice amount is due. The total invoice amount remains due even if no participation in the event has been made despite the fact that the order/registration has been maintained. A rebooking is possible free of charge. There are no costs for changing participants.
§ 6 Cancellation of events and liability
AVATARA GmbH reserves the right to cancel or reschedule events due to a low number of participants. In this case, the event participant will be notified at least 7 working days before the event begins.
If an event is cancelled due to illness of the lecturer, force majeure or other unforeseeable events, there is no claim to the event. Likewise, in the event of cancellation or postponement of the event, no reimbursement of travel and accommodation costs or of expenses incurred due to loss of work will be made.
Irrespective of legally binding liability regulations, e.g. from product liability, AVATARA GmbH is only liable for its own fault or that of its vicarious agents in the event of intent or gross negligence, e.g. for compensation. Liability for indirect damages to a merchant is limited to 5 times the invoice amount. These limitations of liability do not apply if an essential contractual obligation or a cardinal obligation has been violated. In this case there is a claim to compensation for the damage typical of the contract.
§ 7 Warranty and reservation of the right to make changes
AVATARA GmbH makes every effort to select speakers with topics relevant to participants. Experience, reputation and topicality are always required. However, AVATARA does not guarantee or accept liability for the correctness and accuracy of the content and documents of its speakers and does not share their statements as its own.
AVATARA GmbH reserves the right to make necessary changes to content and/or organisation before or during the event, provided these do not significantly change the overall character of the event. If necessary, AVATARA GmbH is entitled to replace the initially intended speaker(s) and/or seminar leader(s) with equally qualified persons.
§ 8 Copyrights and rights of use
AVATARA GmbH retains all copyrights to the documents provided. The documents may not be reproduced for passing on to third parties. The customer may only make a copy and use it for his own exclusive purposes if his original is no longer usable due to damage or destruction. Printed documents may not be reprinted or imitated - even in part.
§ 9 Room Reservations
AVATARA GmbH may, on a case-by-case basis, have a room contingent available for event participants either in the conference hotel or - if the event is not held in a hotel - in a nearby hotel. The rooms can be called up and booked directly with the hotel operator by referring to the keyword given at registration. A contractual relationship is established exclusively between the hotel and the participant. This does not constitute a claim for a room against AVATARA GmbH.
§ 10 Place of performance, jurisdiction and effectiveness
The place of performance and jurisdiction is the registered office of AVATARA GmbH. In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal actions is the registered office of AVATARA GmbH. Insofar as claims by AVATARA GmbH are not asserted in dunning proceedings, the place of jurisdiction for non-merchants is determined by their place of residence. If the domicile or usual place of residence of the customer, including non-merchants, is unknown at the time the action is filed or if the customer has moved his domicile or usual place of residence outside the scope of the law after conclusion of the contract, the place of jurisdiction is the registered office of AVATARA GmbH.
The law of the Federal Republic of Germany applies exclusively.
Any invalidity of one or more provisions shall not affect the validity of the remaining provisions. In place of the ineffective clauses, that which most closely corresponds to the economic intention in a legally permissible manner shall apply. This also applies to the supplementary interpretation of the contract (severability clause).
Freising, 28 August 2023
AVATARA Marketing- und Vertriebsberatung München GmbH
Rudolf-Diesel-Straße 1
85356 Freising