Terms
The German version is the legally binding original. This translation is provided for convenience.
§ 1 Scope and contracting parties
(1) These General Terms and Conditions (hereinafter “Terms”) apply to all contracts for participation in the Lagree Certification (hereinafter the “Training”) between
CÉCILE GmbH
Managing directors: Caroline Jander, Caroline Schweitzer
c/o ALBA CAPA GmbH
Knesebeckstraße 56–58
10719 Berlin
hello@cecilestudios.com
VAT ID: DE460176222
Local Court Charlottenburg: HRB 278203
– hereinafter the “Provider” – and the respective participating individual – hereinafter the “Participant”.
(2) Differing or supplementary conditions of the Participant shall not become part of the contract unless the Provider expressly consents in writing to their application.
(3) A consumer within the meaning of these Terms is any natural person who enters into the Training for purposes that are predominantly outside their trade, business or profession.
§ 2 Conclusion of contract
(1) The presentation of the Training on the website or in other materials does not constitute a binding offer, but an invitation to submit an offer.
(2) By submitting the fully completed application and booking form, the Participant makes a binding offer to conclude the Training contract. Express confirmation of these Terms and of the privacy policy is required prior to submission.
(3) The contract comes into effect upon acceptance by the Provider. Acceptance is given by written booking confirmation (text form, e.g. by email) or by sending the invoice for the Training fee.
(4) The Provider reserves the right to reject applications without stating reasons, in particular where admission requirements are not met or the Training is fully booked.
§ 3 Scope of services
(1) The Provider delivers the Training in accordance with the service description applicable at the time of booking (curriculum, number of hours, training locations, materials). The service description is made available to the Participant before conclusion of the contract.
(2) Successful completion of the Training entitles the Participant to issuance of the corresponding certificate in accordance with § 8.
(3) The Provider is entitled to change individual dates, trainers or training locations for organisational or technical reasons, provided this is reasonable for the Participant and the character and level of the Training remain unchanged.
§ 4 Prices and payment terms
(1) The prices stated in the booking form or booking confirmation apply. All prices are total prices including any applicable VAT.
(2) The Training fee amounts to EUR 2,500 (incl. statutory VAT).
(3) Payment is made by bank transfer, SEPA direct debit or payment service provider. The obligation to pay applies irrespective of actual participation, subject to the provisions on withdrawal (§ 5) and cancellation (§ 6).
(4) If the Participant is in default of payment, the Provider is entitled to claim default interest at the statutory rate and, after setting a reasonable grace period, to rescind the contract.
§ 5 Right of withdrawal for consumers
(1) For contracts concluded by means of distance communication, consumers have a statutory right of withdrawal in accordance with the following instruction.
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract.
To exercise your right of withdrawal you must inform us (CÉCILE GmbH, c/o ALBA CAPA GmbH, Knesebeckstraße 56–58, 10719 Berlin) of your decision to withdraw from this contract by means of an unambiguous statement. You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract we will reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal. We will use the same means of payment as you used for the original transaction unless expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.
If you requested that the service should begin during the withdrawal period, you shall pay us an amount which corresponds to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of withdrawal in respect of this contract, compared with the total scope of the services envisaged in the contract.
(2) Early expiry of the right of withdrawal: For a contract for the provision of services, the right of withdrawal expires where the Provider has fully performed the service and only began performance of the service after the consumer expressly consented and, at the same time, acknowledged that they would lose the right of withdrawal upon complete performance of the contract (§ 356 (4) BGB).
(3) A model withdrawal form is provided to the Participant as an annex to the booking confirmation.
§ 6 Cancellation and rescission by the Participant (outside the right of withdrawal)
(1) Independently of the statutory right of withdrawal (§ 5), the Participant may rescind the contract. In the event of rescission the following cancellation terms apply:
| Time of rescission | Cancellation fee |
|---|---|
| Up to 60 days before Training start | 10% of the total fee (EUR 250) |
| From 60 to 30 days before Training start | 50% of the total fee (EUR 1,250) |
| Less than 30 days before Training start or in case of no-show | 100% of the total fee (EUR 2,500) |
(2) The Participant reserves the right to prove that the Provider has incurred no, or significantly less, damage as a result of the rescission than the cancellation fee claimed. In that case, the Participant only owes the lower amount.
(3) Rescission must be made in text form, e.g. by email to hello@cecilestudios.com. The decisive moment for the calculation of the deadline is the receipt of the declaration by the Provider.
§ 7 Transfer of the Training place
(1) The Training place may be transferred to a substitute person up to 14 days before the Training start, subject to prior agreement with the Provider, provided the substitute meets the admission requirements and agrees in writing to be bound by these Terms.
(2) The Provider charges a processing fee of EUR 250 for the transfer. The Training fee shall be settled internally between the original Participant and the substitute; vis-à-vis the Provider both shall be jointly and severally liable for any outstanding payments.
§ 8 Participant's obligations · admission requirements · certification
(1) The Participant warrants that they are physically and medically able to take part in the Training. Health conditions that may affect participation must be communicated to the Provider unsolicited before the Training begins.
(2) Issuance of the certificate is subject to regular active participation in at least 90% of the Training units as well as passing the prescribed examinations and practical assessments.
(3) If the Training is not successfully completed for reasons attributable to the Participant (e.g. illness, absence), there is no claim to a refund of Training fees already paid.
(4) The Participant undertakes to respect the materials provided in the context of the Training as well as trademark, copyright and licence rights (in particular in connection with the “Lagree” brand) and not to make them accessible to third parties.
§ 9 Cancellation by the Provider · Force majeure
(1) The Provider is entitled to cancel or postpone the Training for good cause (e.g. illness-related unavailability of trainers, regulatory orders, force majeure). Training fees already paid will, in this case, be refunded pro rata, where a postponement is not reasonable for the Participant.
(2) Further claims, in particular for reimbursement of travel, accommodation or loss-of-earnings costs, are excluded unless mandatory statutory liability provisions apply.
§ 10 Liability
(1) The Provider is liable without limitation for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by the Provider, its legal representatives or vicarious agents, as well as for other damages caused by intentional or grossly negligent breach of duty.
(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal duty), liability is limited to the foreseeable damage typical for this type of contract. Any further liability for slightly negligent breaches of duty is excluded.
(3) Mandatory statutory liability provisions, in particular under the German Product Liability Act, remain unaffected.
(4) Participation in the Training is otherwise at one's own risk. The Provider accepts no liability for personal items (valuables, clothing, etc.) brought along, unless the Provider is at fault.
§ 11 Image and audio recordings · personality rights
(1) During the Training, image and audio recordings may be made for documentation, training or marketing purposes. Recordings only take place with the express consent of the Participant (separate consent declaration).
(2) Consent may be withdrawn at any time with effect for the future. Details are governed by the separate consent declaration and the privacy policy.
§ 12 Data protection
The processing of personal data is carried out exclusively in accordance with the GDPR and the Provider's separate privacy policy, available at /datenschutz.
§ 13 Amendments to the Terms
(1) The Provider reserves the right to amend these Terms insofar as this is necessary in order to adapt to changed statutory framework conditions or supreme court case law, or to close gaps in the regulations, and provided that the Participant is not unreasonably disadvantaged as a result.
(2) Amendments will be communicated to the Participant in text form. If the Participant does not object within six weeks of receipt of the notification, the amendments will be deemed accepted. The notification will separately point out the right to object and the legal consequences.
§ 14 Final provisions
(1) The law of the Federal Republic of Germany applies exclusively to the contractual relationship, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.
(2) If the Participant is a merchant, legal person under public law or a special public-law fund, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider.
(3) Online dispute resolution: The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. The Provider is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
(4) Should individual provisions of these Terms be or become ineffective or unenforceable, the validity of the remaining provisions shall not be affected. The ineffective or unenforceable provision shall be replaced by the statutory provision.
Questions?
For any preliminary questions, reach The Concierge at any time. hello@cecilestudios.com