Status: August 2024 Validity: These general terms and conditions apply to all services and are recognised upon registration or booking.

§ 1 Scope of application

(1) The following ‘General Terms and Conditions’ apply to attendance at events (seminars, workshops, events, etc.) organised by ORCA Evolution OG. Any deviating agreements must be made in writing. By registering for an event, the customer agrees to these General Terms and Conditions and is bound by them. By participating in the event, the customer agrees to comply with the applicable event and house rules of the organiser. (2) Should individual provisions of these GTC contradict mandatory statutory provisions (in particular the provisions of the Consumer Protection Act), the remaining provisions of these GTC shall nevertheless remain valid.

• 2 Application

(1) ORCA Evolution OG reserves the right to change the content of the respective range of services at any time. All offers made by ORCA Evolution OG (brochures, price lists, Online Campus…) are subject to change. The contract is concluded upon acceptance of the registration by ORCA Evolution OG. If a registration cannot be accepted, the customer shall be informed accordingly. (2) Registrations shall be considered in the order in which they are received; registrations shall be accepted in writing. Every registration is binding. (3) Anyone who registers a third person for an event expressly declares that he/she is authorised to make this registration and to submit a corresponding declaration of consent under data protection law. (4) By registering for an event, the customer agrees to be informed about new events on an ongoing basis. This consent can be amended or revoked at any time in writing (by e-mail) – office@klimaschutzakademie.com

 

 

§ 3 Cancellations, right of withdrawal of consumers

(1) Cancellations can only be accepted in writing. (2) Cancellations can be made free of charge up to 14 days before the start of the event (unless otherwise stated in the event invitation). The date of receipt by ORCA Evolution OG is decisive for the timeliness of the cancellation notice. In the event of cancellations received later or in the event of non-attendance, the full participation fee is due. (3) The nomination of a substitute participant from the same company is possible at any time free of charge. However, ORCA Evolution OG reserves the right not to register named substitute participants; in this case, any participant fees already paid will be refunded. (4) This does not apply to events that begin within these 14 calendar days from the conclusion of the contract. The cancellation period shall be deemed to have been observed if the notice of cancellation is sent within this period. The customer can therefore withdraw from the contract within 14 calendar days of the conclusion of the contract without giving reasons by sending a written cancellation (e.g. email). It is sufficient if the cancellation notice is sent within this period. Saturdays, Sundays and public holidays count. The written notice of cancellation must be sent to ORCA Evolution OG. In addition to the above provisions, the registered customer has the option of declaring the cancellation in person to the organiser within the cancellation period, subject to the conditions set out above. If the contract is cancelled in this way, ORCA Evolution OG will refund any payments it has already received from the customer immediately and at the latest within fourteen days of the day on which ORCA Evolution OG receives notification of the customer’s cancellation.

• 4 Participation Fee

(1) In principle, the participation fee as stated in the current brochures, invitations, the Online Campus and similar publications of ORCA Evolution OG shall be deemed to have been agreed. (2) Unless otherwise stated, all prices are net prices excluding statutory VAT.  

§ 5 Terms of payment

(1) The participation fee must be paid before the start of the event by bank transfer, free of deductions and charges. (2) Default interest of 10% p.a. shall be charged in the event of late payment. The customer shall be obliged to reimburse ORCA Evolution OG for all reminder and collection expenses incurred as a result of the customer’s default in payment that are necessary for appropriate legal action. ORCA Evolution OG reserves the right to claim higher damages caused by default. (3) ORCA Evolution OG reserves the right to exclude from participation registered persons whose participation fee has not been received by ORCA Evolution OG before the event takes place.

• 6 Programme changes/cancellations

(1) Due to the long-term planning of events, ORCA Evolution OG reserves the right to make organisational changes to the programme, such as changes to dates, starting times, location or speakers, as well as event cancellations. Participants will be informed in good time and in an appropriate manner. (2) For the protection of all seminar participants, ORCA Evolution OG reserves the right to exclude persons with symptoms of illness or a cold from participation in an event at any time. (3) Compensation for expenses incurred (e.g. travelling expenses, loss of earnings, travel and/or accommodation costs) and other claims against ORCA Evolution OG are excluded. The same applies to postponements at short notice. (4) If an event has to be cancelled, any participation fees already paid will be refunded without deduction. There is no entitlement to the realisation of the event.  

§ 7 Compensation for damages

(1) The organiser accepts no liability for customers’ personal belongings. ORCA Evolution OG shall only be liable for damage caused by intent and gross negligence, with the exception of damage to persons. Das Vorliegen von leichter bzw. grober Fahrlässigkeit hat, sofern es sich nicht um ein Verbrauchergeschäft handelt, der Geschädigte zu beweisen. (2) Der Ersatz von (Mangel-) Folgeschäden und reinen Vermögensschäden ist gegenüber Unternehmern ausgeschlossen. (3) ORCA Evolution OG accepts no liability whatsoever for the formal or substantive accuracy of the information provided in event documents and/or during the event.  

§ 8 Copyright and image rights

(1) ORCA Evolution OG reserves all rights, including those of translation, reprinting and reproduction of the seminar documents or parts thereof. No part of the seminar documentation may be reproduced – even in part – in any form without the written permission of the organiser, including for the purpose of teaching, and in particular may not be processed, copied, distributed or used for public reproduction using electronic systems. (2) In order to avoid copyright disputes, no video recordings, photographs or audio recordings may be made during an event without the express permission of ORCA Evolution OG. (3) By registering, the customer declares his/her consent to any image and sound recordings concerning him/herself and to the unrestricted use, distribution and publication of these recordings in modified or unmodified form for the purpose of reporting on the event or advertising the range of services offered by ORCA Evolution OG (in particular in print media, on the ORCA Evolution OG website and in social media) for interested parties in Switzerland and abroad.

§ 9 Data protection

(1) The customer expressly recognises and agrees that the use of the data about the customer stated in the contract will be stored and processed for the purposes of our accounting and customer records. The data is used to fulfil legal requirements and to process payment transactions. In addition, the customer agrees to the electronic recording and evaluation of the quality assessments and questionnaires. (2) Customer data will not be passed on to third parties unless this is necessary for the fulfilment of the contract. Contractual partners of ORCA Evolution OG are instructed about data protection regulations and are obliged accordingly.   (3) The customer agrees to be informed about services and products of ORCA Evolution OG (events, publications, etc.) by e-mail. This consent can be revoked by the customer in writing at any time. (4) Furthermore, the customer gives his/her revocable consent (exclusively in writing or by e-mail to the organiser) for his/her first name, surname and company name to be published in a list of participants or passed on to other event participants. If cooperation partners are named in the announcement of the event, the customer gives his/her revocable consent for his/her personal data (in particular e-mail address and telephone number) to be passed on to and used by the cooperation partners named in the announcement of the event for the transmission of marketing, advertising and information material, if applicable. This declaration of consent can be revoked at any time by sending an informal e-mail to ORCA Evolution OG. The latter is obliged to forward the revocation immediately to the cooperation partners concerned so that they can implement it.

§ 10 Place of jurisdiction, arbitration and applicable law

(1) This contract shall be governed by Austrian substantive law. If the contractual partner is a consumer, the mandatory provisions of the law of the country in which he/she has his/her habitual residence shall also apply to this contract. (2) The court with subject-matter jurisdiction at the registered office of ORCA Evolution OG shall have exclusive jurisdiction for disputes, provided that the customer has its registered office or address within the European Union, Switzerland or Liechtenstein. If the customer is a consumer within the meaning of the KSchG, the statutory provisions shall apply with regard to local jurisdiction. (3) If the customer has its registered office or address outside the region referred to in paragraph (2), all disputes arising out of or in connection with participation in an ORCA Evolution OG event shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with these Rules. The place of arbitration in these cases shall be Vienna, Austria; the language of arbitration shall be German or, in those cases in which the confirmation of participation by ORCA Evolution OG is in English, English. (4) The place of fulfilment is the registered office of ORCA Evolution OG.