§ 1 Scope of application
The business relationship between AVATARA Marketing- und Vertriebsberatung München GmbH (hereinafter referred to as AVATARA GmbH) and the customer is governed exclusively by the following General Terms and Conditions of AVATARA GmbH in the version valid at the time of the order/registration. Any deviating, conflicting or supplementary terms and conditions of the customer shall not apply unless AVATARA GmbH has expressly agreed to their validity in writing.
The General Terms and Conditions apply to all events/seminars/conferences (hereinafter referred to as events) that are booked via AVATARA GmbH as the operator of the Franchise Business Community. In-house events and company training courses are excluded.
By ordering/registering for an event, the orderer/event participant/customer recognises the General Terms and Conditions of AVATARA GmbH as binding.
§ 2 Subject matter of the contract
The subject matter of the contract is participation in events that are booked via AVATARA GmbH as the operator of the Franchise Business Community.
§ 3 Conclusion of contract
Orders/registrations must be made in writing (via Ticket Online Shop). Receipt of the order/registration will be confirmed to the customer immediately by e-mail. The order/registration is then legally effective. AVATARA GmbH is not liable for transmission errors.
For events with a limited number of participants, orders/registrations will be considered in the order in which they are received. Participants' data will be processed electronically exclusively for internal purposes as part of the registration process. The data associated with the registration will be stored in compliance with data protection regulations.
§ 4 Payment of the event fees
The event fees shall be paid in euros. All prices are net plus the statutory VAT applicable at the time of the order/registration. Unless expressly stated otherwise in the programme description, the event fee is the price for the event, documents, handouts and certificates of attendance.
Invoicing takes place directly after ordering/registration. If payment is made by bank transfer, the invoice amount is due for payment within 14 days of receipt of the invoice without deduction; if payment is made by credit card, the invoice amount will be debited immediately. Participation in the event is only permitted if the event fees have been received in full in the account of AVATARA GmbH before the start of the event.
Unauthorised use of voucher codes will result in cancellation of the order/registration by AVATARA GmbH.
§ 5 Cancellation of the order/registration
The contract for registration for the event becomes irrevocable when the order/registration confirmation is sent by e-mail. Cancellation of the order/registration is possible after payment of the order/registration via the Ticket Online Shop or in writing by e-mail to info@franchisetag.events and requires no justification. Cancellation can be made up to 21 days before the start of the event for a fee of 25% of the invoice amount. If the cancellation is made within a period of 20 days up to the date of the event, a fee amounting to the entire invoice amount is due. The full invoice amount remains due even if the event is not attended despite the order/registration being valid. Rebooking is possible free of charge. There are no costs for changes of participants.
§ 6 Cancellation of events and liability
AVATARA GmbH reserves the right to cancel or postpone events due to an insufficient number of participants. In this case, the event participant will be notified at least 7 working days before the start of the event.
If an event is cancelled due to illness of the speaker, force majeure or other unforeseeable events, there is no entitlement to the event being held. Similarly, in the event of cancellation or postponement, no travel and accommodation costs or expenses incurred due to loss of working hours will be covered.
Irrespective of mandatory statutory liability regulations, e.g. from product liability, AVATARA GmbH is only liable for its own fault or that of its vicarious agents in the event of intent or gross negligence, e.g. for damages. Liability for indirect damage to a merchant is limited to 5 times the invoice amount. These limitations of liability shall not apply if an essential contractual obligation or a cardinal obligation has been breached. In this case, there is a claim to compensation for typical contractual damages.
§ 7 Warranty and reservation of the right to make changes
AVATARA GmbH endeavours to select speakers on topics relevant to participants. Experience, reputation and topicality are generally required. However, AVATARA assumes no guarantee or liability for the correctness and accuracy of the content and documents of its speakers and does not share their statements as its own.
AVATARA GmbH 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, AVATARA GmbH is entitled to replace the initially planned speaker(s) and/or seminar leader(s) with equally qualified persons.
§ 8 Copyrights and rights of use
AVATARA GmbH retains all copyright utilisation rights to the documents provided. The documents may not be reproduced for forwarding to third parties. The customer may only make a copy for himself and use it exclusively for his own purposes if the original is no longer usable as a result of damage or destruction. Printed documents - including extracts - may not be reprinted or imitated.
§ 9 Room reservations
AVATARA GmbH will, on a case-by-case basis, hold a contingent of rooms for event participants either in the conference hotel or - if the event is not taking place in a hotel - in a nearby hotel. The rooms can be requested and booked directly from the hotel operator with reference to the keyword given on registration. A contractual relationship is established exclusively between the hotel and the participant. This does not constitute a claim to a room against AVATARA GmbH.
§ 10 Place of fulfilment, place of jurisdiction and validity
The place of fulfilment and jurisdiction is the registered office of AVATARA GmbH. In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action is the registered office of AVATARA GmbH. Insofar as claims of AVATARA GmbH are not asserted in dunning proceedings, the place of jurisdiction for non-merchants shall be determined by their place of residence. If the client's domicile or habitual residence is unknown at the time the action is brought, even in the case of non-traders, or if the client has moved his domicile or habitual residence outside the area of application of the law after conclusion of the contract, the place of jurisdiction shall be the registered office of AVATARA GmbH.
The law of the Federal Republic of Germany shall apply exclusively.
Any invalidity of one or more provisions shall not affect the validity of the remaining provisions. In place of the ineffective clauses, that which comes closest to the economic intention in a legally permissible manner shall apply. This also applies to the supplementary interpretation of the contract (severability clause).
Freising, 26 October 2023
AVATARA Marketing- und Vertriebsberatung München GmbH
Rudolf-Diesel-Straße 1
85356 Freising