The General Terms and Conditions of Business of Arbeitskreis Cornelia de Lange Syndrom e.V. (hereinafter known as: Event organiser) for the purchase of congress and event tickets.
I. Scope of validity
The following terms and conditions of business of the Event organiser shall apply for contracts governing the purchase of congress and event tickets (Entrance tickets), entered into between the buyer of congress tickets and/or event tickets (customer) and the Event organiser solely by using telecommunications.
In the case at hand the Event organiser is the direct party to the contract with the Customer. m:con – mannheim congress GmbH (hereinafter known as m:con) is acting on behalf of the Event organiser and is not a direct party to a contract with the Customer.
Counter-confirmations by the Customer referring to its own T&Cs or purchasing terms are hereby rejected. Discrepancies between the Customer’s T&Cs and the General T&Cs of m:con shall only be recognised if they have been confirmed in writing.
For selected events it will also be possible to register in writing, the General T&Cs shall also be binding in this case, too.
II. Conclusion of the contract
By sending off his/her registration the Customer is placing a binding order (offer to enter into a contract) and is declaring that he will abide by his/her offer for 5 working days. The information received will be checked within this period of time allowed for the offer to be accepted. In the event that the offer is rejected notification to that effect will be sent out. In the event that the offer is accepted, confirmation of an order/invoice will be sent out. In the event that the information is not complete, or necessary information is missing, e.g. proof of the application of a reduced tariff, a request will be made for further information to be sent in. In the latter case the period of time allowed for acceptance shall be extended by a further 5 working days.
III. Payment
Payment by the following methods of payment is accepted: SOFORTüberweisung, SEPA direct debit, payment by credit card (American Express, Mastercard and ViSA) and/or payment in advance by bank remittance.
The total price of the order including fees incurred and statutory VAT shall be due for payment immediately as soon as the contract is concluded if the following methods of payment are used: credit card, SOFORTüberweisung and SEPA direct debit.
Notwithstanding this, if payment is to be made by bank remittance, the whole price is to be paid into the account stated in the invoice by the date stated in the invoice, quoting the invoice number as a reference. The Customer shall have to ensure that the total amount of his/her order will be at the credited to the bank account in full, i.e. bank charges and/or transfer fees are to be borne by the Customer himself. The information required to remit a payment by bank transfer (invoice number, bank account details) are shown in the invoice. The invoice will be sent out by e-mail.
When using the SEPA direct debit system of payment and credit cards payment will be made via the payment service provider Computop Wirtschaftsinformatik GmbH, Schwarzenbergstr.4, D-96050 Bamberg.
If the SOFORTüberweisung option is chosen for making a payment, the payment will be handled by the payment service provider Klarna GmbH Theresienhöhe 12, 80339 Munich.
The prices shown shall not include VAT incurred, if applicable.
IV. Instruction of the Right of Revocation
In the event that the Customer is an entrepreneur as defined by Section 14 of the German Civil Code [BGB] and wishes to withdraw himself/herself from the contract, the regulations governing cancellation in Part V shall apply.
In the event that the Customer is a consumer as defined by Section 13 BGB, the following Instruction of the Right of Revocation shall apply:
Right of Revocation
You have the right to revoke this contract within fourteen days without having to state your reasons for doing so. The revocation period is fourteen days from the day on which the contract is concluded.
In order to exercise your right of revocation, you will have to inform us at the address below:
m:con-mannheim congress GmbH
Rosengartenplatz 2,
68161 Mannheim,
anika.grygo@mcon-mannheim.de,
Tel +49(0)621 / 41 06 – 174
Fax+49(0)621 / 41 06 – 80 174
by means of a clear statement of your decision to revoke this contract. You may use our pre-printed specimen revocation form to do so, although you do not have to use this form to revoke the contract.
https://reg.mcon-mannheim.de/iebms/AGBVA/14/Musterwiderrufsformular.pdf
To comply with the period of time allowed for revocation it is sufficient for you to send off the notification that you are exercising your right of revocation before the revocation period expires.
Consequences of revocation
If you revoke this contract, we shall repay to you all the payments we have received from you including delivery costs (with the exception of additional costs incurred as a result of you having requested a different method of delivery than the cheapest standard delivery offered by us), straight away and within fourteen days from the day on which the notification that you have revoked this contract is received by us at the latest. We shall use the same method of payment as that used by you to make the original payment, unless another method of payment has been expressly agreed with you. In no circumstances will you be charged fees as a result of this repayment to you.
We may refuse to repay you until we have the goods back in our possession again or until you have proven that you have sent the goods back to us, whichever is the earlier point in time. You will have to send or hand the goods back to us straight away and within no more than fourteen days at the latest from the day on which you inform us that you have revoked the contract. You will have complied with the period if you dispatch the goods before the fourteen-day period expires. You will have to bear the direct costs of returning the goods to us. You will only have to pay up for any loss in value of the goods if this loss in value is attributable to the goods having been handled by you in a manner not necessary for inspecting the condition, features and functions of the goods.
Preclusion of the right of revocation
Under Section 312g Paragraph (2) P 1 BGB you will not be entitled to a right of revocation or the right of revocation will expire prematurely in the following contracts:
Contracts for rendering accommodation services other than for the purposes of residence, transportation of goods, vehicle rental, delivery of food and drink as well as for rendering other services in connection with leisure activities, if the contract for rendering lays down a specific date or period of time, Section 312g Para (2) P.1 No 9 BGB. For example: an order for entrance tickets for events to be staged on a specific date.
End of instruction of the right of revocation
V. Cancellations
Irrespective of the regulations existing under IV above you will have a contractual right to cancel the contract. Such cancellations must be sent in writing to:
m:con-mannheim congress GmbH
Rosengartenplatz 2,
68161 Mannheim,
anika.grygo@mcon-mannheim.de,
Tel +49(0)621 / 41 06 – 174
Fax+49(0)621 / 41 06 – 80 174
If a cancellation is received more than four weeks prior to the beginning of the event, a handling fee amounting to the sum of EUR 30.00 plus any VAT, if applicable shall be payable for each person registered. Cancellations received less than four weeks prior to the event will not be accepted.
In the event that the Customer is a consumer within the meaning of Section 13 BGB and he/she exercises his/her right of revocation within the revocation period to which he/she is entitled in accordance with IV above, a handling fee will not be charged.
If the price of the entrance tickets is less than EUR 30.00 plus any VAT there is to pay, this shall consequently be retained and will nevertheless have to be paid in the event of a cancellation.
The full entrance ticket price will also have to be paid if a registered customer fails to attend the event.
VI. Amendments/Refusals
The event will only be staged if a set minimum number of participants register. The event organiser shall reserve the right to replace speakers relocate events in terms of location or time or to cancel events or to make amendments to the programme. If an event is cancelled, fees already received will be returned in full.
The number of participants shall be limited for events consisting of, or including, courses or workshops for which a fee must be paid. The range of courses on offer is generally subject to change without notice. This means that they are to be understood as an offer for as long as spaces on courses are still available. Registration for all courses must be made in writing or via the internet and they are binding. Spaces on courses will be allocated on a first come first served basis. The customer will be notified in the event of overbooking.
VII. Other handling fees
The entrance tickets are personalised. A handling fee of EUR 10.00 EUR plus VAT will be charged for each person if names are changed.
If raised invoices are corrected a handling fee of EUR 20.00 plus VAT, if applicable, will be charged. Special requests regarding the format used for the presentation of invoices will have to be submitted at registration.
Insofar as applicable, attendance certificates / CME (Continuing Medical Education) certificates will be issued on site. A handling fee of EUR 10.00 plus VAT will be charged for each certificate issued and dispatched subsequently. Only after this handling fee has been received will the certificate be printed and sent out.
VIII. Liability
The event organiser and m:con shall – regardless of whatever legal reason – only be liable for damages attributable to intentional or grossly negligent breaches of duty. The event organiser and m:con shall also be liable for damages resulting from death, personal injury or physical harm in cases of breaches of duty resulting from ordinary negligence.
If cardinal contractual duties are breached the liability of the event organiser shall be limited to the foreseeable damages typical for the contract unless he is guilty of intent or gross negligence or liable for death, personal injury or physical harm.
The above exclusions and limitations of liability shall also apply for breaches of duty committed by the executive bodies, assistants or vicarious agents of the event organiser and m:con.
The above paragraphs shall also apply in the event that the assistants and vicarious agents of m:con or of the respective event organiser are liable.
IX. Data Protection Information
m:con is entity with a specialization amongst others of planning, organizing and carrying out events of any kinds, such as congresses (the medical-scientific congresses), (scientific) conferences, annual general meetings (e.g. shareholders), fairs, exhibitions, seminars, education and trainings events and other (commercial) events. The events take place at the Congress Center Rosengarten Mannheim or other venues and are carried out by the m:con on its own as a event organiser or as an agent on own behalf of another event organiser.
m:con is using a customer management software and processes therein data which are obtained during the registration process for an event. The processed data may also be of personnel content and be used by the m:con for the purpose of (i) care of customer relationship (ii) documentation purposes (iii) complain and quality management (iv) and for direct advertising purposes in order to send customers information and offers of event which are carried out by the m:con on its own as an event organiser or as an agent on own behalf of another event organiser.
The legal basis of these processing are Article 6 para 1 point a,b,f of General Data Protection Regulation (EU-GDPR). The processing of data takes place for the specific purposed described above.
Extensive precautionary measures are taken when data is collected with the aim of protecting your personal data. Your personal data will be handled in strict confidence and kept in a secure environment to protect it from unauthorised access. Only authorised members of staff will have access to it.
Further information is to be found in the data protection statement in the footnote of the web site during or alternative during the registration process.
X. Photographs
By purchasing an entrance ticket, the Customer is confirming that he/she agrees photographs, films and/ or sound recordings will be taken of him/her as part of the audience, and that he/she agrees to their publication for advertising purposes in the following media.
XI. Third party regulations e.g. house rules
The purchase of an entrance card entitles the holder to visit the respective event. Attention is expressly drawn to the separate third-party regulations, in particular their house rules or the cloakroom rules of the venue operator (here: Dorint Parkhotel Bad Neuenahr Bad Neuenahr-Ahrweiler).
XII. Place of fulfilment and Place of jurisdiction
The place of jurisdiction for all legal disputes arising from the contract shall be Mannheim if the Parties to the contract are registered traders, legal entities incorporated under public law or public-law special funds or at least one of the Parties to the contract does not have a general place of jurisdiction within the Federal Republic of Germany, or relocates his/her place of residence or normal whereabouts from the Federal Republic of Germany elsewhere after the contract is concluded, or if his/her place of residence or personal whereabouts are unknown at the point in time at which legal action is taken. m:con is also entitled to sue the Customer at the latter’s general place of jurisdiction, as it chooses. The place of fulfilment for all obligations materialising from this contract is Mannheim.
XIII. Applicable law
Only the law of the Federal Republic of Germany shall apply. The UN law on sales [CISG] shall not apply.
XIV. Final Provisions
Should one or more provisions of this contract be or become partly or completely invalid, the remainder of the contract shall continue to be valid as a result. Invalid provisions are to be replaced by those which come closest to the objective sought after by the Parties.
In accordance with the 2013/11/EU directive we wish to draw to your attention to the fact that the EU commission has set up an internet platform for the settlement of disputes between entrepreneurs and consumers online (OS-Platform), which you can access at http://ec.europa.eu/consumers/odr.
We (Event Organiser and m:con) are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
These General Terms and Conditions of Business are dated May 14th 2018.