General Terms and Conditions - AGB

Status January 2023

Preliminary remark

Hypnosis Institute S.à.r.l. organises, designs, researches and offers training and further education and concepts in the field of hypnosis, therapy and coaching.

The offers and services presented on the Internet are non-binding and subject to change. Upon receipt of a written registration by Hypnosis Institute S.à.r.l. and its written confirmation to the customer, a binding contract is concluded between the two parties.

1 Contractual partner

Contractual partner and organiser:

Hypnosis Institute S.à.r.l.

Konsdreferstrooss 4

L-6230 Bech

later referred to as the “organiser”

2 Scope of application

Unless otherwise agreed, the following general terms and conditions apply to all services offered by the organiser. These serve as an integral part of all contracts which the organiser concludes with the customer (hereinafter referred to as the client).

The client is not entitled to impose terms and conditions and these shall not apply, even if the organiser does not separately object to their validity in individual cases. Even if the organiser refers to a letter that contains or refers to terms and conditions provided by the client or a third party, this does not constitute agreement with the validity of those terms and conditions.

All services offered are designed and executed in accordance with the organiser’s quality criteria and standards. The client is responsible for ensuring that they have the relevant prior knowledge.

3 Registration & conclusion of contract

The contract is concluded upon registration by the client and acceptance by the organiser. This can be done in writing, in text form by email or via a registration form on the organiser’s website.

By registering, the client submits an offer to conclude a contract. The contract shall only be deemed to have been concluded and shall only become legally effective once it has been confirmed in writing by the organiser. The booking confirmation sent to the client constitutes acceptance of the offer and is to be regarded as an express declaration of acceptance.

For programmes with a limited number of participants, registrations will be considered in the order in which they are received.

There is no general entitlement to participate if the offer is fully booked. The organiser reserves the right to admit participants on a case-by-case basis.

By registering, the client accepts the organiser’s General Terms and Conditions as binding.

4 Remuneration, participation fee

Payment for the services is based on the fees for the publicly offered event. The fees include the content, documents and participation in the event specified in the offer. The fee does not include any other costs such as travelling expenses, accommodation or meals.

5 Terms of payment

Payment will be requested when the registration confirmation is sent by e-mail.

Remuneration for face-to-face training courses, including travel and accommodation costs, which are organised by a third-party provider must be paid in full to the organiser no later than six weeks before the start of the training course.

The participation fee for events, training courses and seminars for company-internal face-to-face events must be paid in advance and immediately upon receipt of the request for payment. The client revocably authorises the organiser to collect the fees from the participant’s account by electronic direct debit.

For special events or seminars with a seminar duration of more than 5 days, there may be different payment modalities (e.g. down payment to reserve the place). These will be communicated in the seminar confirmation if necessary. Only payments received before the start of the seminar entitle the participant to attend the seminar. Deviating payment agreements are possible on request, but must always be made in writing.

In the event of late payment, the organiser reserves the right to charge interest at 5% above the base rate of the European Central Bank from the date of default.

If the organiser is required to send a reminder to the participant due to late payment, it reserves the right to charge the client a reminder fee of EUR 5.00 and a processing fee of EUR 15.00 for each reminder. If the organiser incurs further costs that are directly attributable to the client’s default in payment, the client must also reimburse these to the organiser. The client is granted the opportunity to demonstrate that the amount of the aforementioned reminder and processing fee does not correspond to the actual costs of the provider.

Payments can only be made with discharging effect to the organiser’s account stated on the invoice.

6 Number of participants

Face-to-face events are generally only organised for groups of 5 or more participants. The maximum number of participants varies depending on the event.

We make sure that the training groups are not too large. Registrations will therefore only be considered until the maximum number of participants has been reached, depending on the date of receipt.

7 Cancellation, postponement, amendment or cancellation

In rare cases, if the minimum number of participants is not reached, the training may be cancelled or postponed by the organiser. Compensation cannot be claimed for the cancellation of an event.

Postponements, changes or cancellations will be communicated to the client in good time before the relevant dates by e-mail or in another suitable form. If the postponements, changes or cancellations are due to the effects of force majeure or short-term, medically certified incapacity to work on the part of the trainer or organiser, the organiser shall endeavour to inform the participants of this at short notice and offer appropriate alternative dates.

Any remuneration already paid up to that point will only be refunded for the cancelled event. The client must claim the refund by notifying the organiser in text form within 2 weeks of notification of the postponement, change or cancellation. If the organiser immediately offers a suitable alternative date, a refund of the remuneration already paid is excluded.

The organiser shall only be liable for claims by the client or third parties due to postponements, changes or cancellations in the event of gross negligence or intent or in the event of injury to life, limb or health. In the event of gross negligence, the organiser’s liability for indirect and/or consequential damages, in particular due to loss of profit, wasted expenditure, business interruption or loss of production, is excluded vis-à-vis entrepreneurs.

8 Participation requirements

Participation in events is open to anyone who fulfils the participation requirements that can be viewed on the website. Persons who do not or only partially fulfil these conditions of participation are only permitted to participate after prior consultation with the organiser. In the event of recognisable health and/or psychological problems, the organiser is entitled to exclude the participant concerned from the event. The participation fee will not be refunded.

The participant is in breach of contract if he/she persistently disrupts the event despite a warning or if he/she behaves in a way that is significantly contrary to public decency, so that the smooth running of the event cannot be guaranteed. In this case, the organiser reserves the right to exclude the participant from the event. The participation fee will not be refunded in this case.

9 Venue

The address of the event is shown in the offer and can be found in the confirmation. If an event has to be moved to another venue or location, the participant will be informed in good time.

10 Warranty and reservation of the right to make changes

The services are carefully prepared and carried out according to the current state of knowledge. All events are organised by experienced instructors, and all materials and documents are prepared according to the latest findings. However, liability and guarantee for the correctness, topicality, completeness and quality of the contents are excluded.

The organiser reserves the right to make any necessary changes to the content and/or organisation before or during the event, provided that these do not significantly change the overall character of the event. If necessary (e.g. illness, accident), the organiser is entitled to replace the scheduled speaker with another person who is equally qualified with regard to the announced topic.

11 Liability

Within the scope of fulfilling its contractual obligations, the provider is only liable for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the organiser or an intentional or negligent breach of duty by a legal representative or vicarious agent of the organiser. The organiser shall only be liable for other damages insofar as these are based on an intentional or grossly negligent breach of duty by the organiser or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the organiser. The organiser accepts no liability whatsoever for items taken into the workshops and training events or for other direct damage and costs, including loss of earnings, loss of profit or third-party claims, loss of data, travel costs, consequential damage and financial loss of any kind.

If, due to previous illnesses or other health reasons (e.g. pacemakers etc.), stress or other excitement could lead to a health risk for the participant, he/she must inform the organiser of this personally before participating in an event. Participation is at the participant’s own risk. The provider already objects to any participation by participants with corresponding health risk factors. Participation in the event does not replace medical or psychotherapeutic treatment. By registering, the participant confirms that there are no mental or physical illnesses that would prevent participation. If in doubt, please consult a doctor first.

Hypnosis Institute S.à.r.l. acts exclusively as an intermediary for services in the context of the presentation of seminar services from third-party providers. In the event of a booking, the contracts relating to the service are concluded exclusively between the client and the respective third-party provider/service provider – i.e. the respective organiser of the seminar.

12 Postponement, rebooking

Rebookings, postponements, terminations, cancellations or withdrawals must always be made in writing. The same applies to any deviating regulations.

13 Withdrawal, cancellation

If the client cancels an event that has already been booked and paid for, the amount of the refund by the organiser shall be based on the following regulation:

Ø Up to and including 40th day before the start of the seminar: 90%

(For consumers: after expiry of the cancellation period)

Ø from 30 to incl. 39th day before the start of the seminar: 60%

Ø from 29 to incl. 21st day before the start of the seminar: 30%

Ø from the 20th day before the start of the seminar: 15%

However, no refunds will be made for unexcused no-shows without prior cancellation. The partial presence of the client does not entitle the client to a partial or full refund. If the client has not yet paid the remuneration or has not paid it in full at the time of cancellation, the payment obligation shall remain in force in accordance with the aforementioned staggered payment schedule. The rebooking of already bindingly booked and confirmed events by the client has no influence on cancellation deadlines. The rebooking of an event by the organiser to a later date shall not result in an extension of the cancellation deadlines. The deadline begins on the day on which the client receives the booking confirmation by e-mail. The basis for calculating the cancellation deadlines and the amount of any resulting refunds is exclusively the date of the originally booked event. The client is at liberty to prove that no damage or significantly less damage than the lump sum demanded has been incurred. If payment of the service fee is processed via the payment provider PayPal, the customer shall bear the transaction costs incurred in the event of cancellation (PayPal, instant bank transfer, credit card) in the amount of 2.00% for Luxembourg customers. For customers from other EU countries and who do not belong to the euro currency community, the fee is 5.00%.

14 Seminar documents, copyrights and rights of use, ownership

Texts protected by copyright are issued as course materials. The course materials are therefore intended exclusively for personal use. Any reproduction, reprinting or translation and forwarding to third parties without express consent, even of parts of the documents, is not permitted and constitutes an infringement of copyright, which will be prosecuted under civil law. Reproduction and/or transfer to third parties, even in part, requires the express consent of the organiser in text form.

Violations may result in claims for damages by the organiser. The copyrights to the documentation issued remain with the organiser.

The making of audio, photo, film and video recordings by participants is strictly prohibited. Failure to comply will result in exclusion without entitlement to reimbursement of the service fee. The organiser also reserves the right to assert claims for injunctive relief and damages in this case.

15 Data processing for contract fulfilment in accordance with the BDSG, confidentiality

The provider is authorised to store all personal data relating to the business relationship with the contractual partner within the meaning of the Federal Data Protection Act (BDSG) or to have it processed by third parties.

Data disclosed in the course of training is treated confidentially and is used exclusively for internal purposes.

The organiser undertakes to maintain confidentiality about any facts that become known in connection with training measures.

Participants are obliged to treat personal and confidential information obtained from other participants during an event and/or seminar as confidential. These must not be worn on the outside.

16 Consent to the transfer of rights of use to image, sound and/or film, radio, television and video recordings during the event

By registering for participation in an event, the client consents to the organiser creating, reproducing and publishing in print and audiovisual media photographs of the participant showing him/her as a participant in the event. This authorisation is granted free of charge and is unlimited in terms of time and territory.

The organiser may use these image, sound and/or film, radio, television and video recordings for promotional publication in TV and print media and on the website operated by the organiser or on other websites.

17 Use of the designation "hypnotherapist", "hypnotherapy" and/or other titles

Depending on the country, the regulations regarding the use of hypnosis and/or hypnotherapy and the naming of the therapy method “hypnotherapy” on the practice sign, letterhead, etc. may vary. Each client must ensure that it complies with the laws and regulations applicable to it. Any liability of the organiser for the misuse of the term “hypnotherapy” or “hypnotherapy” in legal transactions and the misuse of hypnotherapy is excluded.

The use of the certificates issued by the organiser for completed services, seminars and/or training courses is exclusively dependent on the legislation of the law on which the client is based.

The certificates are only valid for the profession practised before the training.

18 Information on the right of cancellation

Right of cancellation for consumers

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise the right to cancel, you must inform us (Hypnosis Institute S.à.r.l., 4 Konsdrefferstrooss L-6230 Bech, Luxembourg, e-mail address: info (at) comet-concepts.eu) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. You bear the direct costs of returning the goods.

The following applies to goods that can normally be returned by post:

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to the following address immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract: Hypnosis Institute S.à.r.l.,

4 Konsdrefferstrooss L-6230 Bech, Luxembourg.

The deadline is met if you dispatch the goods before the period of fourteen days has expired.

The following applies to goods that cannot be returned normally by post (e.g. spare parts that cannot be sent by parcel post):

The direct costs of the return shipment to be borne by you are estimated at the shipping costs paid as part of the order plus EUR 10.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Special notes

Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.

– End of the cancellation policy –

The client hereby declares that he expressly waives his right to claim damages pursuant to § 505 para. 1 Nr.3, 355 Abs.1-3 BGB zustehende Widerrufsrecht hingewiesen worden ist.

Accordingly, the client is entitled to revoke the partner contract within two weeks of its conclusion without giving reasons.

The cancellation must be made in writing and should be addressed to:

Hypnosis Institute S.à.r.l.

Konsdreferstrooss 4

L-6230 Bech

Luxemburg

______________________ ______________________

Client Provider

_______________________________

(place, the)

19 Place of fulfilment, place of jurisdiction, applicable law

The place of fulfilment is the supplier’s place of business.

The place of fulfilment and jurisdiction for all disputes arising from contracts between the client and the organiser is the respective registered office of the provider, insofar as the contractual partner is a registered trader, a legal entity under public law or a special fund under public law. The place of jurisdiction shall also apply to persons other than those named above if the contractual partner does not have a general place of jurisdiction in Germany or if he moves his place of residence and/or place of business outside Germany after conclusion of the contract or if his habitual residence is not known at the time the action is brought.

The contract is governed exclusively by Luxembourg law.

The place of jurisdiction is Luxembourg.

20 Final provisions

Rights and obligations arising from this agreement are not transferable to third parties.

Both parties declare that they do not wish third parties to be included in the scope of protection of this contract. As a precautionary measure, both parties waive the protection of related third parties. The parties mutually accept this waiver.

Should any provision of this agreement be or become invalid, unenforceable or void, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid, unenforceable or void provision with a valid and enforceable provision that comes closest to what the parties would have effectively agreed at the time of this agreement if they had been aware of the invalidity, unenforceability or voidness. The same applies to a loophole in this agreement.

All amendments and additions to this agreement, including this clause, must be made in writing. The requirement of the written form can only be waived in writing.

21 Declaration on the Scientology sect

The organiser hereby declares that:

Ø neither he nor his company works according to the methods of L. Ron Hubbard

Ø neither he nor his employees are trained or participate in seminars or courses according to the methods of L. Ron Hubbard

Ø he rejects L. Ron Hubbert’s methods for managing his company

Ø he does not support or belong to any other form of sect

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