General Terms and Conditions (KERN AG Training)
1. Scope of validity of the General Terms and Conditions
1.1. The below General Terms and Conditions (“GTC”) of KERN AG IKL Business Language Training & Co. KG, based at Leipziger Straße 51, 60487 Frankfurt, Germany, hereinafter referred to as “KERN,” serve as a binding basis for all contractual relationships between consumers or companies, hereinafter referred to as “Users” or “Customers”, who accept offers from KERN. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (Section 13 of the German Civil Code - BGB). An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Section 14 of the German Civil Code - BGB). Regulations of these GTC which are explicitly marked as applying exclusively to entrepreneurs do not apply to consumers.
1.2. Certain KERN services and/or products may be subject to separate contractual terms and/or conditions for registration, which effectively supplements the regulations stipulated in these GTC. In the context of the respective service or product, the GTC may be referenced separately. Insofar as these separate and special conditions deviate from the regulations of these GTC for individual service areas, the regulations of these special conditions take priority over the respective GTC regulation.
1.3. KERN AG IKL Business Language Training & Co. KG, based at Leipziger Straße 51, 60487 Frankfurt, Germany is the contractual partner unless another contractual partner has been named explicitly in the context of special offers.
1.4. German is the contractual language.
1.5. General Terms and Conditions (of Purchase) of commercial Users only apply if and insofar as KERN has explicitly agreed to their application in writing.
2. Conclusion of a contract
2.1. Provided that no deviating regulations are specified in the context of special offers, KERN’s offers on the internet as well as the KERN registration forms represent a binding offer to the Customers to conclude a contract with KERN. When placing an order on the internet, the contract is concluded once the Customer’s order has been sent to KERN.
2.2. In the KERN course calendar and web shop, the desired product can be viewed in more detail without obligation by clicking on the product name. The Customer can put the item in the shopping basket. The content of the shopping basket can be viewed without obligation at any time. The products can also be removed from the basket again or be changed. If the Customer would like to buy or book the products in the basket, they should select the corresponding option on the “shopping basket” page. In the further course of the ordering process, the Customer is to first enter their personal information and subsequently select a payment method. Payment can be made by credit card or by PayPal. At the final stage, the Customer can review, correct, delete or change the information provided. Falsely entered information can also be corrected when the Customer navigates backwards in their browser or cancels the ordering process and starts it again. To conclude the booking, the Customer must accept our GTC and click on the button to buy. Before submitting the order to KERN, the Customer has the option to print out both the order and the GTC. Once the order has been submitted to KERN, the Customer will receive an order confirmation by email.
2.3. KERN saves the order and the data entered for the order.
2.4. Incidentally, i.e. outside the possibility to order online via www.kerntraining.com, contracts are also concluded between the User and KERN through acceptance by email, signing of a registration form or written quotation provided by KERN, which has also been created in exclusive compliance with these GTC. Furthermore, contracts can be concluded in one of KERN’s branches or by sending an email of acceptance or signed registration form or quotation to a KERN branch via post, fax or email. The respective course or service to be booked will be designated and described separately in the registration form or quotation.
3. Right of revocation for consumers related to distance contracts and off-premises contracts
CANCELLATION POLICY
Right of revocation
You have the right to revoke a contract concluded with KERN within fourteen days without stating a reason.
The revocation period is fourteen days from the day on which the contract was concluded.
To exercise your right of revocation you have to inform us (KERN AG IKL Business Language Training & Co. KG, Leipziger Straße 51, 60487 Frankfurt, Germany, tel: +49-69-75607390, fax: +49-69-75607395, email: info@kerntraining.com) about your intention to revoke this contract with a clear declaration, for example via a letter sent by post, a fax or an email). You can use the revocation form template below for this purpose, but this is not mandatory. If you exercise this right, we will immediately send you a confirmation acknowledging the receipt of your revocation (e.g. via email).
To observe the revocation period, it is sufficient to send the notification about exercising your right of revocation before the period expires.
Consequences of revocation
If you revoke the contract, we are obliged to refund any payment we have received from you, including delivery costs, (with the exception of additional delivery costs incurred due to the fact that you chose another mode of delivery than the favourable default mode of delivery offered by us) immediately and at the latest within fourteen days from the day we have received your notification on revocation. For the refund, we will use the same mode of payment you used for the original transaction unless something else has been agreed with you explicitly. We will under no circumstances charge you any fees for the refund.
We can refuse the refund until the items (e.g. course material) have been returned or until you have shown us proof that you have sent the items back depending on what happens first. You have to return or send back the items immediately and in any case within fourteen days from the day on which you notified us about the revocation of the contract. The period is observed if you return the items before the period of fourteen days expires. You shall bear the direct costs of the return shipment for the items.
If you requested that the services begin during the revocation period, you shall pay us an appropriate amount considering the overall planned volume in relation to the proportion of the services already used until the point in time at which you notified us about the fact that you are exercising your right of revocation regarding the contract.
In accordance with Section 312g(1) of the German Civil Code (BGB), the right of revocation only applies to consumers, not to entrepreneurs.
Revocation form template
(If you would like to revoke the contract, please fill in this form and return it.)
To: KERN AG IKL Business Language Training & Co. KG
Leipziger Straße 51
60487 Frankfurt
Fax: +49-69-75607395
Email: info@kerntraining.com
- I/We (*) hereby revoke the contract concluded by me/us (*) regarding the purchase of the following items (*)/the rendering of the following service (*)
- Ordered on (*)/Received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only when notifying us on paper)
- Date
(*) cross out if not applicable.
4. Indicated prices and terms of payment
4.1. For the respective services and/or products from KERN, the prices indicated respectively at the time of ordering apply.
4.2. The prices indicated by KERN on www.kerntraining.com or in printed materials shall be understood as final prices including the statutory VAT insofar as the respective service or product is subject to VAT. For particular services, KERN is exempt from paying VAT in accordance with the German Act on Value-Added Tax (see Section 4 no. 21a and b UstG).
4.3. The respectively applicable prices are based on the service or product description published by KERN at www.kerntraining.com, or in printed materials. The User is obliged to pay the price indicated. The payment is due upon ordering of the service or product.
4.4 In case of an individual quotation, these offers and prices are non-binding. They can be adapted to the current circumstances and the changed expenditure incurred without separate communication. Unless otherwise agreed, prices are listed in euros. All prices listed in our offers are net prices, excluding taxes. Cash discounts and other deductions shall not be granted unless specifically agreed. Special services are subject to surcharge or are billed at cost.
4.5. Unless otherwise agreed in writing, the prices offered for courses shall be understood as prices per language course unit. A minimum amount of language course units will be charged. Course materials, examinations, certifications and other additional services will be invoiced separately at cost or as agreed upon. Unless agreed otherwise, in the case of face-to-face training outside of our branch offices, the time required for the teacher to travel to the location of the course and back shall be compensated for at cost. Expenses incurred (travel, hotel and subsistence cost, etc.) shall be borne by the Customer. The location of the responsible branch office that processes the order will be taken as the start and end point of the journey unless otherwise agreed.
4.6. Payment methods
In KERN branches: In German branches, booked products or services can be paid via bank transfer, direct debit, by card or in cash.
PayPal: Orders placed in the online shop at www.kerntraining.com can be paid via PayPal.
Credit card: Orders placed in the online shop at www.kerntraining.com can be paid via credit card.
5. Special terms for face-to-face training and KERN Virtual™
5.1. Terms for lessons
One language course unit (LU) is 45 minutes long unless other terms have been agreed. The Customer agrees that an employee may be present during certain LU for the purpose of monitoring the quality of teaching.
A placement test may be conducted before the start of the language training to determine the language level, objectives and job-specific focus of the training programme for the individual participant. The placement test takes about 20 to 45 minutes. The participant undertakes to take the placement test in good time but no later than one to two weeks before the course begins.
5.2. Payment terms
Depending on the booked programme, KERN can charge a service fee to cover personnel and administrative expenses. The size of the service fee will be specified upon booking.
The Customer is obliged to pay course fee specified in the offer along with the service fee no later than before the start of the first LU unless no other date has been specified. If payment by instalments has been agreed, the first instalment shall be due at this point in time. From the day of the booking, the other instalments shall be due automatically according to previously known intervals. Any course material handed out shall be immediately due for payment. The contract concluded between KERN and the Customer shall also be seen as a (recurring) invoice. Separate invoicing shall only take place upon explicit request by the Customer. With commercial Customer, a separate invoice is always created. Incoming payments are always set off against the oldest open invoice unless something else has been agreed upon payment. If no language course units are taken by the Customer for more than 6 months, KERN shall be entitled to adjust the price if the rates have changed. Language course units that have been paid but not used expire after 3 years from the end of the year in which the entitlement to performance of LCUs arose.
5.3. Extensive individual language training
The individual teaching schedule is coordinated between the Customer and the KERN customer service agent, not between the customer and the teachers. The Customer is obliged to notify the responsible KERN branch or the responsible employee by 8.30 AM on the day before a planned LCU at the latest if they cannot attend a unit. If a Customer cannot attend a unit on a Monday, they must notify the branch or employee by 8.30 AM on the preceding Friday at the latest. With units taking place in the KERN Virtual Classroom, the notification about inability to attend must be received by 8.30 AM on the day before the planned unit. If the session is not cancelled by the Customer or only after this deadline has expired, the units concerned will be charged. Unused LCUs that have already been paid can be transferred to a third party following a written notification by the Customer to the responsible KERN branch or employee. For terminations, point 5.9 shall apply.
5.4. Intensive individual language training
The teaching schedule comprises at least 10 language course units (LCUs) per week which have to be scheduled in advance. All LCUs and the course material must be paid in full before the start of the first LCU. The Customer can terminate the contract subject to a notice period of 5 working days before the start of the first LCU. Termination at a later date is excluded. A refund of course fees for unused LCUs that have already been paid is excluded if the termination has not been submitted in time. ´
5.5. Group training
The starting dates are based on information available to the KERN customer service agents or on www.kerntraining.com. Subject to prior coordination and consent of the course participant, a Customer can be transferred to another group for teaching-related reasons if this transfer appears to facilitate the optimal learning progress of the group or the individual Customer.
Termination/Cancellation
Terminating face-to-face group training is possible free of charge until 4 weeks before the start of the course. In case of later terminations before the start of the first LCU, a cancellation fee of 20% (group courses) or 50% (intensive courses, at least 10 LCUs/week) of the course value must be paid. If intensive courses are terminated up to 10 days before the start of the first LCU, the Customer will be charged 70% of the course fees. With face-to-face group courses already in progress, the following shall apply: If the Customer cannot attend a session, for example due to illness, holiday, unavailability for professional reasons, etc., the course fee must be paid nonetheless. Termination without notice by either contractual party is only permitted for cause. If the Customer fails to meet their obligation to pay and is in default as a result, KERN shall be entitled to terminate the contract without notice. Any termination must be submitted in writing to be effective. If the Customer continues to participate in language course units after the agreed language course period has expired, this is considered to be an extension at the respective contractual terms currently applicable.
Minimum number of participants for group courses
Each group has a minimum number of participants. This minimum number will be stated by KERN customer service agents or is available at www.kerntraining.com. If the minimum number of participants is not met, the required number of LCUs (language course units) decreases, while course fees and terms of payment remain unchanged (flexible LCU modification).
If the minimum number of participants is not met, KERN shall be entitled to decrease the number of LCUs of a group training or to dissolve a group altogether.
With group courses for children and youths, the following applies: Should a child disrupt the course in a way that denies the other children the opportunity to have a language course with genuine interactions, the course leader has the right to exclude this child from future participation in the children’s programme.
5.6. Extensive language training for companies
Groups for face-to-face group courses have a maximum of 10 participants, when participating via KERN Virtual Classroom, the maximum number of participants is 6 people. For the entire company-internal group, the terms outlined under point 5.3. “Extensive individual language training” apply.
5.7. Intensive language training for companies
The group size is restricted to a maximum of 6 participants. The schedule per group comprises at least 60 units, which have to be completed over a period of 10 weeks. Within these ten weeks, a rescheduling of sessions is permissible in accordance with the terms of “individual language training”. The Customer can terminate the contract subject to a notice period of 5 working days before the start of the first LCU. Termination at a later date is excluded. A refund of course fees for unused LCUs that have already been paid is excluded if the termination has not been submitted in time.
5.8. Technical requirements for participation in KERN Virtual Classroom
In order to be technically able to participate in KERN Virtual Classroom, the Customer must have a functioning headset and a broadband internet connection. The Customer themselves is responsible for meeting the technical requirements.
5.9. Termination, entitlement to a refund
In case of termination, the Customer is entitled to a refund of course fees relating to unused LCUs that have already been paid minus possible service fees, sold course material and cancellation fees. This applies to LCUs that, after expiration of the notice period, are still unused.
It is possible for KERN and the Customer to conclude separate deviating agreements in writing. Claiming a refund for unused LCUs that have already been paid is excluded after the statutory period of limitation has expired. Claiming a refund for costs incurred for paid and handed out course material, the service fee and possible cancellation fees is also excluded.
6. Special terms for trainings in the area of intercultural and management competence (business and communication training)
6.1. Seminar fees
The participation fee is due as soon as the invoice has been received.
6.2. Cancellation and suspension
Cancellations must be submitted in writing to be effective. A seminar can be cancelled free of charge up to 14 days before the start of the seminar. If the cancellation is submitted later, the entire fee will be charged.
Changing your seminar booking free of charge in favour of a comparable other seminar is only possible up to one week before the start of the event and is subject to KERN’s approval.
6.3. Cancellation of the seminar/modification of the programme’s agenda
KERN reserves the right to cancel a seminar if the lecturer is indisposed. KERN undertakes to inform participants about cancellations without delay. If an event is cancelled, KERN is entitled to offer the Customer an alternative event. Otherwise, KERN will refund the already paid fees.
If the number of registrations is below the minimum number required, KERN can either postpone or cancel the seminar. Already registered Customers/participants are informed in time before the scheduled seminar about the postponement or cancellation.
KERN is entitled to replace the original lecturer for good cause, particularly in case of illness, with another equivalent lecturer.
Should KERN be unable to find an equivalent lecturer for the scheduled date or if KERN cannot host the seminar due to force majeure, KERN is entitled to postpone or cancel the seminar. Already registered Customers/participants are informed in time before the scheduled seminar about the postponement or cancellation.
6.4. KERN Virtual™ seminars
Für KERN Virtual™ seminars (KVS) special terms apply in accordance with point 7.
7. Special terms for seminars via KERN Virtual™ (KVS)
7.1. General information:
The KVS are offered both to companies as trainings for in-house groups (in-house KVS online) and commercial individual participants as open trainings (open KVS) at specific time periods.
7.2. Registration
Registration for a KVS takes place via the KERN course calendar or the responsible KERN branch. There is no entitlement to participation, particularly when the maximum number of participants permissible is exceeded.
KERN will process registrations based on when they were submitted. KERN confirms a Customer’s participation by sending them an electronic confirmation of registration which effectively concludes the contract between KERN and the Customer.
The confirmation contains the date and time of the KVS as well as login credentials and technical requirements for access.
A confirmation is sent to the Customer at least one week before the start of the KVS, unless the booking has been submitted at short notice (less than a week before the start of the session).
If the registration cannot be considered, KERN will accordingly send the Customer a notification of refusal.
7.3. Participants
With in-house KVS, the number of participants is limited to 12 people.
With open KVS, the minimum number of participants required for realisation is 7, the number of participants is limited to 12 people.
If the number of registrations is below the minimum number required, KERN can either postpone or cancel the KVS. Already registered Customers/participants are informed in time before the scheduled KVS about the postponement or cancellation.
7.4. Realisation of a KVS
The participant enters the virtual classroom at the scheduled time in accordance with the information stated in the confirmation of registration. Possible technical requirements for the training are also indicated there. In any case, the participant requires an internet connection, a common browser and a headset. It may be necessary to install an extra plug-in. Prior to a KVS, KERN will send out a troubleshooter, which participants can use to check whether their computer system is compatible. If the check shows that the system properties are insufficient, the participant must ensure that the technical requirements are met.
With the link to the troubleshooter, KERN notifies the Customer and participants about the current requirements of the web browser, network connection hardware and software in a PDF document (“Technical requirements for the VC”).
The lecturer carries out the training, regardless of whether all participants are present or not.
Following the completion of the KVS, the participants may receive summarising training documents electronically.
7.5. Lecturers and content
KERN is entitled to replace the designated lecturer for good cause, particularly in case of illness, with another equivalent lecturer.
Should KERN be unable to find an equivalent lecturer for the scheduled date or if there is a technical malfunction or if KERN cannot host the seminar due to force majeure, KERN is entitled to postpone or cancel the seminar. Already registered Customers/participants are informed in time before the scheduled KVS about the postponement or cancellation.
KERN does not assume liability for the accuracy or currentness of lectures or training documents.
7.6. Cancellation by the Customer
The Customer may cancel the KVS free of charge up to two weeks before its start. If the KVS is cancelled later than two weeks before the start, the agreed fee has to be paid in full.
8. Special terms for KERN e-learning (KERN Lingo™), blended learning (KERN Blended™) and individual training via phone
8.1. General information
As part of its product portfolio, KERN offers courses that take place via phone and/or internet (hereinafter also referred as “Services” in this section).
8.2. Participants
The participant states their name upon placing the order and affirms that they are aware of the present General Terms and Conditions and that they will comply with them; the Customer states their name and/or the names of the requested participant(s) upon placing the order and affirms that they are aware of the present General Terms and Conditions and that they will comply with them. Furthermore, the Customer is explicitly obliged to protect login data and passwords for the customer area in such a way that KERN’s Services cannot be used by unauthorised third parties. Access to the online content is only available to those participants who have been assigned a username and personal password. This service is available for a limited period of time. KERN does not grant refunds if the access has only been used rarely or not at all.
8.3. Duration of the training
Upon signing or in case of an online booking, the Customer receives a licence for the e-learning/blended learning (provision of the licence) which is valid at most until the end of the course indicated in the contract.
Before the start of the training, an online placement test will be conducted to determine the language level, objectives and job-specific focus of the training programme for the individual participant. The placement test takes about 20 to 45 minutes.
8.4. Technical requirements, responsibility
The participant is responsible for ensuring the functioning of their computer or telephone connection and is responsible for their maintenance. They bear the cost for the internet connection or telephone connection required to access the Services. KERN does not guarantee that the offered services can actually be used on the Customer’s computer and/or telephone.
8.5. Terms of payment and duration of training
If the Customer defaults on payments, KERN can stop the continuation of all ongoing orders, regardless of whether other rights are being exercised.
8.6. Courses via internet (e-learning and/or blended learning) - system requirements
With its username and personal password, the Customer and its participants can access the content online 24/7 from any computer with internet connection for the duration of the contract. To get the most out of the platform, particularly in terms of the multimedia functionalities used during the listening comprehension test, the Customer’s computer must also have a sound card, headphones (or loudspeakers) as well as a microphone. The current requirements of the web browser, network connection, hardware and software are announced by KERN to the Customers and participants.
The Customer is personally responsible for ensuring that all participants registered by them have the necessary technical equipment. Under no circumstances are KERN or its ancillary agents responsible for the functioning and maintenance of the used computer and/or the provision of a properly equipped computer necessary for attending the course online. The costs for the internet connection necessary for completing the online placement test and attending the online courses are to be born exclusively by the Customer.
The KERN content accessible as part of the online training can direct the User to external websites or links that are not monitored by KERN. KERN cannot be held liable for financial or other damages suffered by the Customer and their participants as a result of leaving the educational area of the content.
For any disruption to the connection for which KERN is exclusively responsible and which lasts more than 48 hours on working days, the Service can be extended by the respective duration of the disruption upon request by the Customer if they can genuinely prove that a disruption occurred.
8.7. Organisation of individual training via phone
Units taking place via phone last 30 minutes.
The courses are carried out over the phone.
KERN does not provide a telephone connection for the individual training taking place over the phone. Customers are personally responsible for ensuring that the telephone system used for the courses taking place over the phone is operational. If the Customer is indisposed, they have to cancel their reservation at least 24 hours before the start of the originally scheduled course. If the notice of cancellation is not given at least 24 hours before the start of the course or if a course is stopped after it has started, the course is considered to have taken place and will be invoiced accordingly. The participant will receive an email about this invoiced course.
8.8. Termination
E-learning licences can only be terminated within 30 days after provision of the licence and if the participant has not used the licence yet. The right of KERN and of the participant to terminate the contract for good cause remains unaffected. The individual training taking place over the phone can be terminated in accordance with point 5.9.
9. Changes to the contract, reorganisation of the course
A reorganisation of the course upon customer request (changes to the course content, the language or similar) or the assignment of course units to a third party is possible in coordination with KERN. For such a change, the Customer is charged the equivalent of two course units. If a licence is to transferred to another participant, this can only be done within 30 days after the provision of the licence, assuming that the original participant has not used the licence yet.
10. Disruptions, force majeure, suspension and restriction of operations, network and server errors, viruses
We are not liable for damages caused by disruptions affecting our operations, in particular those caused by force majeure, such as natural disasters, strikes, traffic disruptions, delays due to traffic, network and server errors, connection and transmission errors beyond our control, or any other such disruption or the absence of teachers. In such cases, we are entitled to rescind the respective agreement in whole or in part. The same applies if we must wholly or partially halt or restrict operations for good cause, in particular the online service, either on individual days or for a specified period.
We moreover accept no liability for damage relating to viruses, trojans, auto-dialers, spam email or comparable data-related damage. Our IT systems (network, workstations, programs, files, etc.) are checked for viruses and data of the foregoing types on a regular basis. Where data is delivered via the Internet, email, or other mode of remote data transfer, the Customer is responsible for conducting a final virus and data check on the transferred data and text files. We will not acknowledge any claims for damages. The electronic transmission takes place at the risk of the Customer. We are not liable for text or data damaged, rendered incomplete or lost as a result of electronic transmission.
11. Termination in writing
Any contracts that have been concluded with KERN can be terminated in writing.
12. Teachers
Confirmed dates for teaching are subject to the availability of the respective teachers. KERN is striving to always provide a substitute/supply teacher if a teacher is indisposed. Participants are not entitled to be taught by a particular teacher. For language course units (LCUs) or programmes that did not take place, KERN will provide replacement units or programmes. Changing the teacher can be part of the KERN Method and does not entitle the Customer to terminate or withdraw from the contract.
13. Learning goals
KERN cannot be held liable for the non-achievement of a certain learning goal or course target. The stipulations made by KERN with regard to LCU required to achieve a certain learning goal are based on long-term experience and may deviate from actual requirements in individual cases.
14. Liability
14.1. KERN is only liable for damages in cases of malice and gross negligence. KERN can also be held liable in cases of gross infringement of essential contractual obligations (cardinal obligations), i.e. all obligations whose breach would jeopardise the achievement of the contractual purpose and on whose compliance a contractual partner may regularly rely on. However, in case of gross infringement of cardinal obligations, KERN is only liable for foreseeable typical damage in connection with the contract.
14.2. The above exclusions for liability do not apply in cases of injury to life, limb or health. Liability in accordance with the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. The exclusion or restriction of KERN’s liability also applies to the personal liability of its legal representatives, employees and other ancillary agents.
14.3 Complaints regarding the training services rendered by the teacher must be reported during the course of the language course. We must receive written notice as early as possible during the course, with a precise description of the deficiency. No complaints regarding deficiencies will be accepted if submitted after the conclusion of a language course. The Customer remains obligated to accept the service performed and to render payment in consideration thereof.
15. Reservation of ownership and use of teaching material
With all deliveries of teaching material, we reserve the right of unrestricted ownership until the Customer has fulfilled all payment obligations. The forwarding of seminar or teaching material to third parties, i.e. to persons who are neither work colleagues or employees of the Customer or the public distribution or the making available of such material is not allowed. Especially the publication of audio or video data, digital presentations or scripts on the intranet or on internet portals (sharing) is prohibited.
16. Prohibition on enticement of employees and contractors
None of our permanent employees and freelance team members are permitted, without our consent, to be employed or to accept orders, whether directly or indirectly, from the Customer for a term of twenty-four months after the conclusion of the last order placed by the Customer with us. The Customer is also not permitted to present any such team members with any offer, whether orally, in writing or in any other form, to engage in such employment or activities.
17. Advertisement
KERN uses and processes personal data of the Customer for its own advertising-related purposes, by sending the Customer information on goods or services that are similar to those which the Customer ordered or booked in the past. The Customer can object to such use of its data by sending an email to info@kerntraining.com or datenschutz@kerntraining.com with the subject “Datenschutz” (data protection).
18. Photo and video recording
As part of a photo protocol, photographs of participants can be taken during events. These photo protocols are only made available to the participants of the event. If you would like to object to the taking of a photo of your person or to the upload of the photo protocol, please contact the head of the event.
With some events, participants may also be recorded on photo or video. Please bear in mind that these recordings and not the photo protocols may be used for advertising purposes of KERN.
If these recordings are used for advertising purposes, we will ask for your consent separately before the start of the event.
19. Final provisions
19.1. German law shall apply excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With consumers this choice of law shall only apply if the guaranteed protection of the consumer is not withdrawn as a result of compulsory legal regulations applicable in the consumer’s country of habitual residence.
19.2. In case of disputes relating to the meaning or interpretation of a provision in the translated English version of the GTC, the German version takes priority in case of doubt.
19.3. Frankfurt am Main, the city in which KERN’s headquarters are based, is the legal venue, insofar as the Customer is not a consumer but a merchant, legal person under public law or public separate estate or insofar as the Customer has relocated its place of residence or habitual residence abroad after conclusion of the contract or if the habitual residence is unknown at the time the lawsuit is filed.
19.4. Changes or supplements to the contract have to be made in writing. Should one of the above provisions be ineffective, the statutory provisions shall apply. The principle that individual agreements take priority (Section 305b of the German Civil Code - BGB) is paramount when dealing with consumers.
20. Online dispute resolution platform (ODR platform) for out-of-court dispute resolution
In the context of our online content provided to you by us, we are obliged to inform you about the European Commission’s online dispute resolution (ODR) platform. You can access it online at: www.ec.europa.eu/consumers/odr
Last updated: 10.01.2023