General Terms and Conditions (Ts & Cs) and Client Information
§ 1 Scope and general remarks
The following terms and conditions apply to all courses of instruction formally agreed between Erste Hilfe Station – Andreas Borucki – hereinafter referred to as the “Seller” – and the client and to all transactions between Erste Hilfe Station and companies, self-employed individuals or freelancers. Where appropriate, the Terms and Conditions also apply to contractual obligations that may arise between the parties as a result of entering into negotiations or similar business dealings as set out in § 311 Section 2, BGB.
Barring other agreements, these Terms and Conditions expressly reject the inclusion of any conditions laid down by the client.
§ 2 Conclusion of contracts
Contracts are entered into with:
Erste Hilfe Station - Andreas Borucki, Geygerstr. 17, 12043 Berlin
§ 2.1 Reserving individual places on courses or purchasing products through the Seller’s online shop
All products on display in the Seller’s online shop represent only a non-binding invitation to potential clients to contact the Seller with a view to purchasing a product. As soon as the Seller has received the client’s order, a confirmation of receipt (order confirmation) will be sent to the client, normally by email. The ordering process is as follows:
Clients select products from the range on offer and click “Add to Cart”. Clicking the “View Cart” button provides a summary of products and services being accumulated for purchase at the checkout. By clicking the “Place Order” button clients commit to buying the goods contained in the shopping cart. This statement of intent can only be transmitted and registered if the client has ticked the box marked “I agree to the Terms and Conditions”.
If there are no places available on the desired course/date, the client will be notified of this in the confirmation email and no contract is entered into.
If the product ordered by the client is only temporarily unavailable, the Seller will also notify the client of this immediately in the confirmation email. If the product cannot be delivered within two weeks of the order being registered, the client is entitled to withdraw from the contract. In this event the Seller, too, can withdraw and will return any money already paid by the client without delay.
§ 2.2 Companies or individuals reserving a standard course, an in-house course or a First aid service for an event
Companies or individuals booking a course can opt to be invoiced, with the fee payable within 10 days of invoicing. These Terms and Conditions apply. Any cancellation or rescheduling is covered by the stipulations set out in § 5.2.
§ 3 Prices
All prices for physical items are subject to VAT.
First aid instruction provided by Erste Hilfe Station is VAT-exempt pursuant to § 4 Section 21 UStG.
§ 4 Payments
The full price quoted on the website is payable immediately and must have been received by the start of the course.
Payment by bank transfer to:
Erste Hilfe Station - Andreas Borucki
IBAN: DE75 4306 0967 1232 6809 00
or PayPal to firstname.lastname@example.org
Companies booking an in-house course can opt to be invoiced, with the fee payable within 10 days of invoicing.
§ 5 Cancellation, rescheduling
§ 5.1 Cancellation, rescheduling and transferability of individual bookings by private individuals for courses at an Erste Hilfe Station venue
A one-off rescheduling is free of charge if made at least 5 days prior to start of course. For additional or late rescheduling we charge 50% of the course fee. A rescheduling on the day of the course is not an option. The changed appointment must not be more than 6 months after the originally booked appointment. If there has been a price increase in the meantime, the difference must be paid.
Cancellations are free of charge if made at least 10 days prior to start of course.
50% of the fee is refunded if a cancellation is made between 10 days and 5 days prior to start of course.
No refund is made if a cancellation is made less than 5 days prior to start of course.
The entire fee is normally due if a booking is made and the course not taken up. Cancellations cannot be made after the course has started.
A delay of 30 minutes or more to the booked course date will result in the participant being refused entry. A minimum time attendance is stipulated by the legislator and can no longer be met if you appear too late. In this case, the course fee cannot be reimbursed.
In general, dates that have already been rebooked will be charged with at least 50% of the course fee if cancellation is requested. If appointments that have already been rebooked are canceled within 5 days before the start of the event, the full course fee will be charged.
Bookings are transferable. Another person can appear in your place on condition that you email us the name of the new prospective trainee at least 48 hours before the start of the course (email@example.com).
CANCELLATION FOR ERRONEOUS BOOKING OF A COMPANY FIRST AIDER TRAINING:
Our courses are authorized for the first aid training of learner drivers by the Berlin Senate Department für the Environment, Urban Mobility, Consumer Protection and Climate Action. According to the applicable regulations, our courses are also accepted for trainees, students, medical staff, trainers, youth workers, daycare staff, lifeguards and flight attendants.
For the first aid training of company first aiders, teachers/ educators at public schools and public care institutions for children, as well as industrial climbers, there needs to be a special authorization by the trade associations (Berufsgenossenschaften). We explicitly do not offer these trainings. The billing of our courses with the trade associations is NOT POSSIBLE.
ATTENTION: The same cancellation rules apply here.
CANCELLATION FOR BOOKING THROUGH THE THIRD-PARTY PROVIDER KINDALING: If you have booked a ticket for a course on Baby & Child First aid through the online platform KINDALING, you can cancel it there directly after booking, if the Ts & Cs of KINDALING allow it. As soon as your payment to KINDALING has been forwarded to us, a cancellation, under circumstances with reimbursement or partial reimbursement of the course fee, according to our Ts & Cs § 5 is still possible. However, the 12.5% agency fee retained by Kindaling can not be reimbursed by us and will be deducted from any reimbursement amount.
§ 5.2 Cancellation or rescheduling by a company or individual of an in-house course, or an exclusive group event at an Erste Hilfe Station venue, or a First aid service for an event, or when booking two or more course places by companies at one of our locations
The client is entitled to withdraw from the contracted course if at least 21 days’ notice is given.
The request to withdraw from contract must be in the form of an unambiguous statement (e.g. fax, email or letter) sent to the Seller. The determining factor in the observance of the period of notice is the date of receipt of the request to withdraw. If due notice is given, any course fees already paid will be returned to the client – minus deductions for any course materials provided.
In the event of a withdrawal the Seller reserves the right to invoice the cancelling party for any administration costs actually incurred, up to a maximum of €300, or to add the sum to future invoices.
The client is entitled to demonstrate that the Seller’s losses were less extensive than those claimed.
If due notice is not given, an admin charge amounting to 50% of the course fees will be charged. If the client withdraws from the contract with less than 7 days’ notice, the entire course fee is forfeited.
There can be no retroactive withdrawal from contract if one or more trainees fail to appear on the day of the course; the entire fee is forfeited.
Should the client reschedule a booked course, withdrawal from the contract is no longer possible.
The client is entitled to one rescheduling 3 weeks or more before the start of the original booked course. The request to reschedule must be in the form of an unambiguous statement (e.g. fax, email or letter) sent to the Seller. The determining factor in the observance of the period of notice is the date of receipt of the request to reschedule. If due notice is given, any course fees already paid will be factored in – with account taken of any course materials provided. In the event of repeated rescheduling the Seller reserves the right to invoice the rescheduling party for any administration costs actually incurred, up to a maximum of €300. The client is entitled to demonstrate that the Seller’s losses were less extensive than those claimed.
If due notice is not given, rescheduling is subject to an admin charge amounting to 50% of the course fees posted at the time of rescheduling.
§ 5.3 Cancellation of courses by ERSTE HILFE STATION
The Seller reserves the right to cancel courses for reasons beyond his control. These may include sudden indisposition of the teacher or cancellation by the owner/lessor of the premises. Should the Seller cancel the course, he will offer the clients (trainees) replacement slots. Trainees who cannot reschedule will be reimbursed in full for fees paid. The following exceptions apply: In cases of force majeure (e.g. terror, wars, official orders or epidemics), no reimbursement of the course fees can be made, since such events can neither be averted nor rendered harmless by the extremely reasonable care. Furthermore, Erste Hilfe Station is obliged to comply with the legal regulations for the containment of the corona virus during the period of validity and must exclude a number of participants from the course if a course is overcrowded.
The Seller reserves the right to cancel or reschedule courses that are not economically viable (fewer than 3 trainees booked). Should the Seller invoke this right, he will inform the relevant trainees in writing at the earliest possible opportunity, whereupon the trainees can opt to withdraw or reschedule their booking. Any course fees already paid will be returned to the trainees – minus deductions for any course materials provided. The Seller cannot be held liable in any other respect.
If the course is overbooked, the seller also reserves the right to cancel the overbooked participants in order not to exceed the limited number of participants according to the Infection Protection Ordinance and the Hygiene Concept, as long as the current Infection Protection Ordinance requires such a limitation of the number of participants. If the seller makes use of the aforementioned right, the customer will be informed of this at the earliest possible point in time (as far as possible in writing). In this case, the customer has the right to withdraw from the course or to take another course offered by the company. In the event of withdrawal, course fees already paid will be reimbursed to the customer - possibly taking into account course documents that have already been handed out. Further claims of the customer for damages, regardless of the type, based on this legal reason are excluded.
§ 6 Retention of title
Goods supplied remain the property of the Seller until they have been paid for in full.
§ 7 Liability
Statutory provisions apply.
§ 8 Wording of contract
The text of this contract is stored on the Seller’s own internal system. The Terms and Conditions can be consulted at any time in the online shop.
§ 9 Final provisions
The contractual language is German.
Contracts between the Seller and clients are subject to the laws of the Federal Republic of Germany and not covered by the laws governing the international sale of movable goods. This agreement on the applicable law pertains only to consumers who continue to enjoy protection under the laws of their country of domicile.
Where the client is a commercial trader, a corporate body under public law or a specialised entity subject to public law, the place of jurisdiction for any disputes arising from the contractual relationship between Seller and client is the Seller’s registered address. This also applies if the client has no place of jurisdiction in Germany or the EU or if his/her place of residence or domicile is not known at the time of the action being brought.
We do not take part in dispute resolution before an arbitration board.
Allgemeine Geschäftsbedingungen (AGB) und Verbraucherinformationen Stand: 03/2019
Für die deutsche Ausführung unserer AGB, klicken Sie bitte hier.