iF International Forum Design GmbH
General Terms and Conditions for Seminars
– "GTC Seminars" –
§ 1 Scope
(1) These General Terms and Conditions for Seminars apply to all contracts for participation in seminar events organised by iF International Forum Design GmbH (hereinafter referred to as "iF") for design executives. iF’s event formats are hereinafter also referred to as "iF DESIGN Seminars".
(2) In their scope of application, the GTC Seminars take precedence over the basic General Terms and Conditions of iF, available at https://ifdesign.com/de/terms-and-conditions. Insofar as these GTC Seminars do not contain any provisions, the basic GTC of iF shall apply.
(3) iF reserves the right to amend the GTC Seminars at any time with effect for the future at its reasonably exercised discretion (Section 315 German Civil Code – Bürgerliches Gesetzbuch “BGB”), in particular insofar as this is necessary to implement changes to legal or official requirements, new technical developments or to adapt to changed market conditions. The participant will be informed of changes to these GTC Seminars in text form (e.g. by e-mail) in good time, at the latest four weeks before they come into force. If the participant does not object to the amended terms and conditions within three (3) weeks of receipt of the notification of amendment, the amendments shall be deemed to have been accepted. iF shall draw attention to the significance of the deadline and the right of objection in the notification of amendment. In the event of a timely objection, iF reserves the right to extraordinarily terminate the contractual relationship.
(4) These GTC Seminars shall also apply in their scope of application and their respective current version to all future business relationships with the participant, even if they are not expressly agreed again.
(5) Deviating general terms and conditions of the participant or the company booking for the participant are not recognised unless iF expressly agrees to their validity in writing in advance.
§ 2 Registration / Conclusion of Contract
(1) Registrations or other declarations aimed at concluding a contract with iF for participation in iF DESIGN Seminars can only be submitted on the iF website.
(2) A contract with iF is concluded as soon as iF has confirmed the registration to the participant or fulfilment has taken place through participation in the booked iF event formats.
§ 3 Right of Withdrawal
(1) The iF DESIGN Seminars are primarily aimed at traders (Section 14 BGB), in particular employers of design teams, as well as legal persons under public law and/or special funds under public law.
(2) Insofar as a participant is a consumer in his/her own name and for his/her own account, i.e. a natural person who enters into a legal transaction with iF for purposes that predominantly are outside the consumer’s trade, business or profession (Section 13 BGB), the Participant may withdraw from his/her registration within fourteen (14) days without giving reasons (cf. the instructions on the right of withdrawal available here. The withdrawal form specified in the instructions on the right of withdrawal can be used for withdrawal, but this is not mandatory.
(3) The right of withdrawal in accordance with paragraph (2) expires for contracts if the participant has requested the provision of the service by iF before the expiry of the withdrawal period. If the participant has a right of withdrawal (see instructions on the right of withdrawal) and the event format begins before expiry of the withdrawal period, iF makes the participant's participation dependent on the participant expressly requesting participation before expiry of the withdrawal period (Section 357a BGB). As a result, in the event of withdrawal the participant must pay iF compensation for the value of his previous participation in event formats.
§ 4 Contents of the iF DESIGN Seminars
(1) The iF DESIGN Seminars are professional face-to-face and, where applicable, online seminars in the areas of design leadership, personal growth and business strategy. The seminars are based on presentations and workshops and may include accompanying seminar documents (e.g. PowerPoint presentations, etc.) for the participant's information and storage. Tests, in particular examinations of the participant, as well as certifications of the participant are not part of the iF DESIGN Seminars and do not take place in this respect.
(2) The iF DESIGN Seminars are aimed at coaching managers in the field of design development and the management of design departments and offices. The specific event formats and their service content (dates, time periods, locations, content) are based on the individual event formats currently offered by the iF DESIGN Seminars and their content descriptions. The current versions of these event formats and their descriptions are available at www.ifdesign-academy.com.
(3) iF DESIGN Seminars are organised in English, unless otherwise stated. Courses may also be held in individual languages with subtitles or translation into other languages. This option will be indicated separately in the descriptions of the individual event formats, or the participant will be informed of this option on request.
(4) iF assumes no guarantee or liability for the topicality, completeness and correctness of all documents made available in the context of the iF DESIGN Seminars.
§ 5 Participation Fees / Terms of Payment / Default
(1) The participation fees are stated in the respective seminar description and, unless otherwise stated in the respective prices, are net prices plus statutory VAT.
(2) Unless otherwise expressly stated in the descriptions of the event formats, the price includes participation in the event format and the associated documents of the iF DESIGN Seminars. Catering (food, drinks) is not included, unless this is expressly stated in the descriptions of the individual iF DESIGN Seminars (e.g. and possibly for certain face-to-face events).
(3) The participation fees must be paid no later than fourteen (14) days before the start of the first event of the respective event format, unless otherwise agreed.
(4) If payment deadlines specified or determinable by calendar are exceeded, the participant shall automatically be in default, in particular without a dunning letter, unless the participant is not responsible for the default.
(5) During the period of default iF shall be entitled to demand the statutory interest on maturity interest and default interest. In the event of default on payment, default interest of nine (9) percentage points above the respective base interest rate shall currently apply to payment claims against traders, otherwise five (5) percentage points above the respective base interest rate.
(6) From the second dunning letter onwards, iF shall charge a flat fee of EUR 3.00 for each dunning letter (flat-rate dunning letter fee) with regard to the costs and expenses for the dunning letter (postage costs and additional material costs).
(7) iF and the participant reserve the right to claim further damages caused by default and claim further costs and expenses as well as the right to prove that the actual damage caused by default is lower.
(8) In the event of non-payment or late payment, iF reserves the right to exclude the participant from the event.
§ 6 Technical Requirements for iF DESIGN Seminars held online
(1) iF DESIGN Seminars that are held fully or partially online may be conducted via external service providers and platforms (e.g. Microsoft Teams). The participant agrees to the use of these platforms and recognises that the technical requirements and data protection provisions of the respective service provider apply.
(2) The technical requirements for online participation in iF DESIGN Seminars are generally met with standard end devices. However, participants are requested to ensure that the following minimum technical requirements are available for participation.
1. Hardware: PC, Mac, tablet or smartphone with Internet access (broadband/DSL, mobile LTE), standard PC/laptop speakers or headphones.
2. Browser: Microsoft Edge, Google Chrome, Firefox, Safari. Attention: Internet Explorer is not supported.
(3) The participant is obliged to independently ensure the technical requirements for participation in the online seminars. This includes, in particular, a stable internet connection and the installation and use of the required software or applications of the external service provider.
(4) The participant will receive access data and a link to test the virtual room at least one (1) day before an online event. In the event of problems, contact can be made by e-mail at academy@ifdesign.com and by telephone at +49 511 5422 40.
(5) iF assumes no liability for technical faults, failures or other impairments caused by the use of external platforms that are beyond its control.
§ 7 Changes / Postponements / Cancellations of iF DESIGN Seminars
(1) iF is entitled to make minor changes to the content and organisation (e.g. time frame, breaks, etc.) of the iF DESIGN Seminars programme before or during the seminars, provided that this does not significantly impair the benefits of the event.
(2) iF is entitled, at its reasonably exercised discretion (Section 315 BGB), to appoint other equally qualified speakers to its events for compelling reason (e.g. illness), in deviation from the event programme.
(3) Notwithstanding the above, iF reserves the right to cancel or postpone events for compelling reason (e.g. insufficient number of participants, illness of the lecturer or force majeure) at its reasonably exercised discretion (Section 315 BGB).
(4) In the event of a complete cancellation of event formats (i.e. series of events), participation fees already paid will be refunded. Further claims of the participant, in particular claims for damages, are excluded, unless iF is guilty of intentional or grossly negligent behaviour regarding the circumstances of the cancellation.
§ 8 Rescission / Cancellation by the Participant
(1) The participant may terminate the contract at any time before the start of the event. The cancellation must be made at least in text form.
(2) In the event of cancellation, however, the following flat-rate and staggered cancellation fees apply:
1. Cancellation more than 10 days before the start of the event: No cancellation fee;
2. Cancellation 10 to 3 days before the start of the event: 50 % of the participation fee;
3. Cancellation 2 days before the start of the event and less 100 % of the participation fee;
4. No-show without cancellation: 100 % of the participation fee.
The first event of a multi-day event format is decisive for the calculation.
(3) The participant reserves the right to prove that iF has suffered no or less damage.
(4) In the event that the participant is prevented from attending, the participant has the option of nominating a substitute participant who fulfils iF's participation requirements. In this case, the cancellation fees shall be waived if iF agrees to the participation of the substitute participant. However, for the avoidance of doubt, the agreed remuneration shall remain in force.
(5) The provisions on the statutory right of withdrawal for consumers (see § 3 and instructions on the right of withdrawal) take precedence and remain unaffected.
§ 9 Intellectual Property / Rights of Use
(1) The documents and content provided in the context of the iF DESIGN Seminars are protected by copyright and may not be reproduced or disseminated without iF's consent (i.e. prior authorisation), which must at least be in text form. In particular, but not exclusively, the passing on to third parties or public distribution or making available of documents, presentations, scripts, videos, images, sound recordings etc. is not permitted without the corresponding consent of iF. This also applies to mere extracts from the accompanying material.
(2) Without prejudice to the above paragraph (1), the participant shall receive a non-exclusive, non-transferable right to use documents (embodied or unembodied) exclusively for personal use.
§ 10 Liability of iF
(1) iF's liability under mandatory statutory law (e.g. liability under the German Product Liability Act – Produkthaftungsgesetz “ProdHG”) remains unaffected.
(2) iF shall have unlimited liability for damages resulting from injury to life, limb and health in the event of simple negligence on the part of legal representatives or vicarious agents (Erfüllungsgehilfe).
(3) iF's liability for damages arising from the simple negligent breach of material contractual obligations, i.e. obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the participant regularly relies on and may rely, is limited to compensation for foreseeable, typically occurring damages. Within this framework, iF's obligation to pay compensation for property damage and financial loss is limited to the sum insured under iF's liability insurance. iF will provide the participant with a confirmation of cover from the insurer on request.
(4) In other cases, iF shall only be liable for damages resulting from intentional or grossly negligent behaviour on the part of legal representatives or vicarious agents (Erfüllungsgehilfe).
(5) Claims for damages due to defects shall lapse one year after takeover or acceptance, unless the application of the regular statutory limitation period (Sections 195, 199 BGB) would lead to a shorter limitation period in individual cases. This shall not apply if iF's legal representatives or vicarious agents (Erfüllungsgehilfen) are guilty of fraudulent intent, intent or gross negligence or if the defect has led to injury to life, limb or health.
§ 11 Data Protection
(1) iF processes the participant's personal data exclusively within the framework of the applicable data protection laws (GDPR, German Federal Data Protection Act - Bundesdatenschutzgesetz “BDSG”). Information on specific data processing can be found in iF's privacy policy, available at iF Design - Data Privacy Statement.
(2) By making a booking, the participant agrees that his/her personal data may be transmitted to external service providers, if necessary, to enable the seminar to be held. Further information on this can be found in iF's privacy policy.
(3) iF Design uses Maxbrain (Switzerland) as a service provider. A data processing agreement has been concluded with Maxbrain. Maxbrain provides the Academy with the training platform. In order to participate in the Academy, we require your first name, surname, email address, training content, course and booking data to fulfil the contract. The Academy takes place in course form, in which other participants in the course take note of your first name and surname and optionally your company name. In addition, usage data is stored at Maxbrain when the training platform is accessed. The legal basis is our shared legitimate interest in the optimal operation of the website. This data is used for troubleshooting, traceability and for statistics that are created for the client and contains all the necessary data.
(4) The participant grants iF the right to take photographs and video recordings of the participants during the training. By participating in the training, the participant agrees that recordings that depict the group of participants, but not an individual participant, may be used free of charge by iF at its reasonable discretion for advertising purposes, in particular on the iF website, in social media, in print media or other marketing materials. The participant may object to such use at any time with effect for the future. In this case, iF will no longer use the relevant recordings and, where possible, remove them.
§ 12 Offsetting / Rights of Retention
Offsetting by the participant or the assertion of a right of retention that is not based on the same legal relationship is only permitted on the basis of undisputed, legally established or ready-for-decision counterclaims of the participant.
§ 13 Severability Clause
Should provisions of these GTC Seminars individually be or become void (nichtig) or voidable (anfechtbar), this shall not affect the validity of the remainder of the contract and these GTC Seminars. The affected clauses shall be interpreted or supplemented in such a way that their economic content is achieved as precisely as possible in a legally permissible manner. This applies accordingly to loopholes that are contrary to plan and therefore require supplementation.
§ 14 Choice of Law / Place of Fulfilment / Place of Jurisdiction / Arbitration Clause
(1) All legal disputes arising from or in connection with the agreements made between iF and the participant, which are based on these GTC Seminars, shall be governed by the law of the Federal Republic of Germany with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG) and German private international law. The place of fulfilment is, as far as legally permissible, the registered office of iF.
(2) The exclusive place of jurisdiction for all legal disputes arising from or in connection with the agreements made between iF and the participant, which are based on these GTC Seminars, is Hanover, provided that the participant is a merchant, a legal entity under public law or a special fund under public law. iF is also entitled, without prejudice to the above place of jurisdiction, to seek judicial assistance from the competent court at the participant's place of business.
(3) In the event of international disputes, i.e. if the Participant's registered office or place of residence is outside Germany and in particular outside the European Union, iF shall be entitled, at its own discretion, to initiate arbitration proceedings before the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V. - DIS). If iF initiates arbitration proceedings, these shall be finally decided in accordance with the DIS Arbitration Rules to the exclusion of recourse to the ordinary courts of law. The arbitration tribunal shall consist of a sole arbitrator. The place of arbitration shall be Hanover. The language of the proceedings shall be English. Urgent legal action by iF before the competent ordinary courts shall remain admissible during the arbitration proceedings.