1. General / Scope
1.1. Software & Support Media GmbH, Schwedlerstraße 8, 60314 Frankfurt am Main, Germany (hereinafter referred to as the “Organizer” or “we”) is the organizer of Software Architecture Camp (hereinafter referred to as the “Event”) a training that highlights technical and methodological concepts to success on the Web today and is aimed at businesses and freelancers.
1.2. These General Terms and Conditions (“GTC”) apply to all business relations of the Organizer with you (“Orderer”) in connection with participation in the Event and the purchase of a ticket therefor (“Tickets”).
1.3. The purchase of tickets for participation in the event is made exclusively on the basis of these GTC. By purchasing a ticket via the platform www.entwickler-konferenz.de, the customer accepts the GTC.
1.4. The GTC shall only apply if the Customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
1.5. The booking of tickets and the participation in the event is only permitted to natural persons and/or legal entities of full age and unrestricted legal capacity.
2. Content and Services/ Conclusion of contract
2.1. The offers of the organizer are subject to change and non-binding.
2.2. The event description on the Software Architecture Camp events website does not constitute an offer, but only serves as an invitation to submit an offer to purchase a ticket. By clicking the button “Buy tickets”, the customer submits a binding contractual offer.
2.3. Following the order, the Customer shall receive a confirmation of receipt by e-mail, which does not yet constitute acceptance of the offer. Acceptance of the binding offer (cf. Section 2.2 .) shall then be effected by sending a separate order confirmation, also by e-mail (“Order Confirmation”), which shall contain the content of the contract.
2.4. Should the order confirmation contain typographical or printing errors or should the price determination be based on technically related explanation or transmission errors, we shall be entitled to contest the order confirmation. Payments already made will be refunded to you immediately in the event of a challenge.
2.5. The contract text is not stored by us.
2.6. Due to the nature of the matter, individual program points or the program schedule may be changed. Such changes to the program do not entitle the Customer to withdraw from or contest the contract concluded, insofar as the nature of the event (cf. Section 1.1.) is not changed as a whole as a result, so that the contractual balance between the Parties is not significantly disturbed.
2.7 Unless otherwise stated, the tickets purchased by the customer are personal and therefore non-transferable. Any resale or transfer of tickets is prohibited.
2.8. The organizer is entitled to cancel an order (unilateral right of withdrawal) if the orderer violates a specific condition set by the organizer, which was expressly pointed out in text form during the pre-sale, or attempts to circumvent such a condition. Section 350 of the German Civil Code (BGB) shall not apply.
3. Purchase price, discounts and payment
3.1. The ticket prices stated are fixed prices plus VAT. Additional price components – such as service and shipping costs, which may vary depending on the event – will be expressly communicated to the orderer in accordance with the law before the ticket purchase is concluded. Beyond that, no further costs not shown will be incurred.
3.2. When booking via a ticket service provider commissioned by the organizer, the total purchase price for a ticket may exceed the ticket price shown. In this case, fees for processing the ticket purchase may be added to the ticket price and displayed separately in the ticket store of the ticket service provider before the order is placed.
3.3. If fees or currency differences are incurred for payments from abroad, these are to be borne by the customer.
3.4. The total purchase price is due for payment immediately upon receipt of our order confirmation.
3.5. If there is insufficient funds in the account when paying by direct debit, the customer undertakes to reimburse the organizer in full for any fees or costs incurred as a result.
3.6. Insofar as the organizer grants a discount on the ticket prices, it is at liberty to demand appropriate proof of the existence of the prerequisites entitling to the discount (e.g. certificate of study) before granting this discount.
3.7. The organizer is entitled to determine the conditions for a discount at his own discretion and to limit the contingent for discounted tickets. There is no entitlement to the granting of a discount.
4. Credit card payment processing
5. Shipment, loss and claim of the tickets
5.1. Unless otherwise agreed, either the organizer itself or a ticket service provider commissioned by it to handle the purchase will send the ordered number of event tickets to the postal or electronic address (e-mail) provided by the orderer immediately after receipt of payment.
5.2. After receipt of the ticket, the orderer himself has to check the correctness of the ticket immediately in order to arrange for a replacement delivery from the organizer in time before the start of the event, if necessary.
6. Return of tickets, rescheduling, refund of the purchase price
6.1. Registration for the event can be canceled by the customer until the Early-Bird Date of respective training. For the cancellation the organizer will charge the orderer an amount of 150 Euro plus VAT. After this date, cancellation is no longer possible. Legal rights of the orderer remain unaffected.
6.2. The event is not an absolute fixed transaction. The organizer is therefore entitled to postpone an event in case of a valid reason. Item 6.3 remains unaffected. In this case, the tickets purchased shall retain their validity. If the namedparticipantis prevented from attending on the replacement date, the ticket can be transferred to a person belonging to the purchaser’s company. If such a transfer is not possible, the orderer will receive a voucher in the value of the respective purchase price – minus a handling fee, if applicable.
6.3. A valid reason in the sense of clauses 6.2 and 6.3 exists in the case of temporary obstacles to performance for which the organizer is not responsible and in the case offorce majeure (clause 7).
6.4 In case of cancellation, the organizer will reimburse the orderer for the purchase price already paid (less the cancellation fee, if applicable; cf. section 6.1.) – within 14 days of receipt of the returned ticket – in the case of electronic tickets, within 14 days of receipt of the cancellation/rescission notice.
6.6 Furthermore, the organizer is entitled to postpone the event if a minimum number of 4 participants is not reached. Likewise, the change of the trainer or the place of performance of the event can be changed.
6.7 The organizer is also entitled to make changes in the program and reduce its content.
7. Force majeure
In cases of force majeure, i.e. in the event of an external event that was not foreseeable or not foreseeable to the extent foreseeable at the time of conclusion of the contract and that could not be averted even by exercising the utmost reasonable care, and which significantly impedes, endangers or impairs the provision of the service, the organizer shall be released from the obligation arising from a concluded contract for the duration and to the extent of the effect if the organizer invokes this clause 7.
8. Photo and video recording
8.1. In the course of the event, the organizer or third parties commissioned by the organizer shall create photo and video recordings to document the event. These recordings shall be used by the organizer, among other things, for its own marketing purposes and shall be used both on the internet (e.g. on the internet pages of the organizer and in social networks) and at events and trade fair appearances of the organizer.
8.2. Upon conclusion of the contract, the Customer agrees to the photo and/or video recordings referred to in section 8.1 (and the processing of any personal data concerned) and allows the Organizer to use the above-mentioned recordings and any processing thereof for the Organizer’s own purposes, in particular for the purpose of advertising for the Organizer and for products/services offered by the Organizer on the Organizer’s website, on social media presences (e.g. Facebook or Twitter, on video platforms (e.g. YouTube, as part of advertising spots and image films, for advertisements in affiliate links, in print media, on flyer platforms (e.g. YouTube, as part of advertising spots and image films), for advertisements in affiliate links, in print media, on flyer platforms (e.g. YouTube, as part of advertising spots and image films, for advertisements in affiliate links, in print media, on flyer platforms (e.g. YouTube, as part of advertising spots and image films).e.g. on Facebook or Twitter), on video platforms (e.g. Youtube), as part of commercials and image films, for advertisements in affiliate links, in print media, on posters, on flyers as well as in electronic and postal advertising letters or to have them used by third parties on behalf of the organizer. In particular, the organizer is entitled to distribute the recordings, to reproduce them in public and to make them perceptible, to broadcast them, to exhibit them and to make them publicly accessible via the Internet.
8.3. The organizer has the right to archive the recordings in digital and/or analog form, irrespective of the permission according to section 8 .2. In addition to own documentation purposes, the archiving serves the prosecution of any image rights violations committed by third parties.
9. Online implementation of the event
10. Liability of the organizer
10.1. The organizer shall only be liable for damages – regardless of the legal grounds – in the event of intent and gross negligence. In the case of simple negligence, the organizer shall only be liable for damages resulting from injury to life, body or health, or for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, the liability of the organizer shall be limited to the compensation of the foreseeable, typically occurring damage.
10.2. The limitations of liability resulting from section 10.1 do not apply if the organizer has fraudulently concealed a defect or has assumed a guarantee. The provision of sentence 1 applies accordingly to claims of the customer under the Product Liability Act, should this be applicable.
10.3. This clause 10 also applies in each case to breaches of duty by the organizer’s vicarious agents and legal representatives.
11. Final provisions
11.1. Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
11.2. Amendments and supplements to these GTC must be made in text form to be effective. This also applies to the cancellation of this text form clause.
11.3. The legal relations in connection with this contract shall be governed by German substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.4. The sole place of jurisdiction for all disputes arising from this contractual relationship shall be the organizer’s registered office, provided that the customer is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany or another EU member state or has transferred his place of residence abroad after these General Terms and Conditions have come into effect or his place of residence or habitual abode is not known at the time the action is brought.
11.5. The Customer shall ensure that the ban on displaying or distributing advertising for companies at the venue is observed. The violation will be punished by exclusion from the event.