General Terms and Conditions of Open Programs
These General Terms and Conditions (hereinafter: GTC) govern the contractual relationship between the customer (either an individual participant of an open ESMT program or the company sending the participant) and ESMT European School of Management and Technology GmbH (hereafter: ESMT). Modifications or subsidiary agreements require the prior written confirmation by ESMT to be valid and shall only apply to the respective individual case. Conflicting terms and conditions of the customer shall not be recognized, even if they were not explicitly contradicted.
Information on the individual programs such as target groups, program locations and tuition fees can be found on execed.esmt.berlin or in the program brochures. These terms and conditions shall serve for all possible program formats, such as in-class-programs, online programs, blended programs (mixture of face-to-face and online delivery) and hybrid formats (i.e. live streaming of content respectively live streaming of in-class sessions to remote participants), but are not applicable for program offered to companies as customized programs.
All masculine formulations refer equally to persons of both sexes.
1. Program registration and booking confirmation
Program registrations take place online, by email, fax or postally by means of a completed registration form. A contract is only formed after the registration is confirmed by ESMT. By registering, the customer (hereinafter referred to as "participant") accepts these GTC.
The learning success of ESMT programs is ensured by a didactically coordinated combination of interactive discussions between participants, intensive group work and learning partnerships and requires participation during all program days/modules.
One of the aims of ESMT programs is the creation of networks. For this purpose, an individual participant booklet will be created for each program, which contains information and contact details about the program participants.
To optimize learning outcomes, specific specialist qualification and/or professional experience is essential for some programs. ESMT therefore reserves the right not to accept registrations in justified individual cases. This also applies to the appointment of substitute participants.
ESMT application process:
The communication between ESMT and the participants takes place by email, unless otherwise agreed. For this, the ESMT participants must provide a current email address. Email correspondence is unencrypted. Participants must ensure that their email address is protected against access by unauthorized third parties and that the receipt of emails is not prevented through their own fault (e.g. a full mailbox, spam filter or similar).
Cancellations of program registrations must be in writing. If a registered participant cannot attend the program and does not nominate a suitable substitute participant, the following cancellation rules apply:
A withdrawal up to eight weeks (56 calendar days) before the start of the program is free of charge. If the notice of withdrawal is received up to four weeks (28 calendar days) before the start of the program, 25 % of the program fee must be paid. If notice of withdrawal is received between four and two weeks (14 calendar days) before the start of the program, 50 % of the fee must be paid. In the case of later withdrawals, the full program fee shall be due. In case a substitute is nominated, please contact us in a timely manner.
ESMT reserves the right to modify programs as long as the basic program concept is not significantly changed as a result. Changes in lecturers, insignificant procedural changes or a reasonable change of venue do not entitle the customer to a reduction in price or to withdraw from the contract.
ESMT reserves the right to cancel a program completely or to offer replacement dates if the number of participants is too small. ESMT also reserves the right to cancel, to offer replacement dates or to modify the announced program format (e. g. from in-class format to online) for justified reasons, such as in the event of circumstances beyond our control (e.g. if the speaker falls ill; force majeure, including epidemics) In the event of cancellations, ESMT shall reimburse the tuition fees. Any travel and accommodation costs incurred will not be refunded. There is no obligation to offer the same program in the future.
4. Right of withdrawal
In so far as the customer is a consumer within the meaning of § 13 German Civil Code (BGB), he is entitled to the right of withdrawal described below:
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which the contract is concluded.
To exercise your right of withdrawal you must inform us - ESMT European School of Management and Technology GmbH, Schlossplatz 1,10178 Berlin [Admissions Office, Tel. +49 30 21231 3130, Fax +49 30 21231 3131, email: firstname.lastname@example.org] - by means of an unambiguous declaration (e.g. letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the sample withdrawal form provided on our homepage; however, this is not required.
For the cancellation deadline to be met, it is sufficient that you send the notification of the exercise of the right of revocation before the revocation period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from that fact that you chose a different type of delivery than the least expensive standard form of delivery that we offer) without undue delay and no later than within fourteen days from the day on which we received the notice of your withdrawal from this contract. We shall use the same method of payment for this repayment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fee in connection with this refund. If you have requested that the services be commenced during the withdrawal period, and subsequently cancel, you must pay a reasonable amount, corresponding to the value of the services already provided up to the date on which you notified us about your intention to exercise your right of withdrawal in relation to the total scope of the services described in the contract.
5. Tuition fees and payment terms; Costs of accommodations and meals
The program prices can be found in the descriptions at execed.esmt.berlin or in the program brochures. The fees include program attendance, all materials (usually in electronic form), any online access and the certificate of attendance. Unless otherwise stated, an additional food allowance will be charged. Travel and accommodation costs are to be borne by the customer.
The program prices are net prices and are exclusive of value-added tax at the respectively valid statutory rate. ESMT programs that are conducted in Germany, are exempt from German value added tax in accordance with Section 4 No. 22a German VAT Act (UStG).
If necessary, customers are responsible for the declaration and payment of all taxes due in their country in accordance with the relevant national regulations.
The tuition fee is due upon receipt of the invoice without deduction.
Any accommodation must be reserved by the customer as a self-payer. The conditions of the accommodation provider apply. If required, ESMT shall provide information about hotel contingents offering preferential conditions.
Generally, participants are free to choose their accommodation; for some programs, however, it is essential for the learning success that the program venue and accommodation are located in the same venue. ESMT has carefully selected suitable providers and shall notify the participant accordingly. In these cases, the accommodation is regularly pre-reserved by ESMT and participants shall book out of this contingent. The costs shall be borne by the participant after invoicing by the accommodation provider. The terms and conditions of the provider shall apply.
The program documents and presentations provided to participants electronically or in printed form are protected by copyright. The customer receives a simple right to use the documents, which entitles him to use the documents for his own further education and training. Any duplication, distribution, disclosure to third parties or any other use other than for one's own further education and training is only permitted with the prior written consent of ESMT. Otherwise, the copyright law of the Federal Republic of Germany shall apply.
Access data for online platforms may not be disclosed to third parties.
ESMT selects qualified speakers for the programs. ESMT accepts no liability for the correctness, up-to-dateness and completeness of the program contents, the program documents as well as the achievement of the participant's respective learning goals. Likewise, no liability will be accepted for any consequential damage, arising from incorrect and/or incomplete program content. In case of ordinary negligence, ESMT shall only be liable for damages resulting from injury to life, limb or health and for damages resulting from the violation of a material contractual obligation; in the latter case, liability is limited to compensation for foreseeable, typically occurring damage. Participation in our programs is at the participant's own risk.
8. Data protection
Personal data of customers are treated confidentially and processed in accordance with the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (FDPA). The legal basis for data processing is Article 6 (1) b) and f) GDPR. The data transmitted by the customer will be stored in the ESMT customer file and processed to enable the provision of services (including billing) and program-specific purposes, as well as for statistical analysis and ranking purposes. If necessary for the professional performance of a program, personal customer data will only be passed on to the extent necessary to third parties whose services are used for the performance of the contract. This applies to external speakers and coaches, providers of online platforms with whom ESMT collaborates as part of their online program modules, or provide the questionnaires for analysis purposes. It also applies to accommodation providers in the context of conducting programs and outdoor events. Personal data is also passed on to other program participants in the participant booklets.
Information about program offers and related ESMT events will be sent to the customer by email. The customer may object to the use of his personal data for the sending of such emails at any time by sending an email to email@example.com.
If the data processing by ESMT is based on the customer's consent, the legal basis results from Article 6 (1) a) GDPR.
9. Use of the IT infrastructure; technical equipment and accessibility of online platforms
The provisions of the IT policy of ESMT, which are provided at the beginning of the program, apply to students, program participants and guests.
In the case of programs with online modules, or streaming elements (hybrid programs), the customer must provide at his own expense suitable technical equipment that allows the downloading of learning materials and/or video and audio-assisted participation.
ESMT endeavors to keep the online offers available at all times. However, due to necessary maintenance and service work, as well as due to unforeseeable technical problems, the online platform may be temporarily unavailable.
10. Place of jurisdiction, choice of law and place of performance
The place of jurisdiction for merchants is Berlin. German law applies.
The place of performance for the program service owed by ESMT is as described at execed.esmt.berlin.
11. Final provisions
Should a provision of these General Terms and Conditions be or become ineffective or impracticable, the effectiveness of the remaining provisions hereof shall remain unaffected. In place of the ineffective or impracticable provision, an effective and practicable provision, which comes closest to the economic intention of the parties, shall be deemed agreed.