Terms and Conditions (GTC)

§ 1 Scope / subject matter of the contract

(1) Services and offers from Sanitätsdienste & Erste-Hilfe Kiwitz GmbH are based exclusively on these General Terms and Conditions (hereinafter GTC).

Our terms and conditions apply to participation in all educational measures and medical services offered by us in accordance with the contract concluded between us and the client and participant and are themselves part of the contract. Our terms and conditions apply to both consumers and entrepreneurs, unless a differentiation is made in the respective clause.

(2) Our staff is not entitled to make verbal agreements with the participant in connection with the contract that deviate from the contract or the general terms and conditions.

§ 2 Offer and conclusion of contract

The contract is concluded when the participant reads the information provided by Sanitätsdienste & Erste-Hilfe Kiwitz GmbH at https://www.hiorg-server.de/kurse_extern.php?ov=sue and https://www.hiorg-server. de/sandienst.php?ov=sue accepts the offer made for the provision of training and further education services by sending his declaration of acceptance to Sanitätsdienste & Erste - Hilfe Kiwitz GmbH using the registration form on the homepage. In this respect, Sanitätsdienste & Erste - Hilfe Kiwitz GmbH makes an acceptable, binding offer for the conclusion of a contract for the offers on its homepage.

The participant accepts this binding offer by filling out and submitting the online registration form for training and further education. The contract is concluded upon receipt on the server of the medical services & first aid Kiwitz GmbH. Contracts are generally considered in the order in which they are received. If a contract cannot be considered, this will be communicated.

§ 3 Costs

The valid seminar/course prices stated at the time of registration on the registration form and the homepage of the Medical Services & First Aid Kiwitz GmbH as well as the costs for our medical service on-call apply.

All costs are individual prices, which can vary between the individual courses and between the participants/organizers due to registration at different times. Installment payment agreements can be applied for in writing before the start of the course and/or the event and require our acceptance.

In the case of a short-term alarm (less than 7 days) for our medical service, we reserve the right to charge an alarm surcharge of 30 euros. Furthermore, the organizer has to bear the costs for catering for the medical service from a duration of and/or over 6 hours.

In the event of a short-term cancellation for our medical service, we reserve the right to check this and, if necessary, to invoice the costs incurred up to this point in time.

§ 4 Terms of Payment and Default

(1) The participant is obliged to pay the course fee after conclusion of the contract, but at the latest before the start of a course. If payment is not received in due time, the participant can be excluded from the course and the place can be allocated to someone else.

(2) Invoices are to be paid within the stated periods. The participant is in default after a reminder or no later than 30 days after the due date. This only applies to a participant who is a consumer if this legal consequence was expressly referred to in the invoice. We can demand reimbursement of expenses for each reminder after default.

§ 5 Withdrawal / Termination / Postponement

(1) The participant can withdraw up to one day before the start of the event. For all online training courses (e-learning), the date of conclusion of the contract is deemed to be the start of the event, unless another start date has been agreed in writing. The receipt of the declaration of withdrawal by us is decisive. The declaration of withdrawal must be made in writing.

(2) This also applies if the participant is subject to officially ordered quarantine measures, curfews or a local lockdown.

(3) If a course is overbooked (i.e. if a course place can no longer be provided for at least one participant due to capacity reasons), both parties are entitled to withdraw from the contract. This applies to the medical services & first aid Kiwitz GmbH only within 7 days of the occurrence of the overbooking and only in such a way that the contract with the first (and any subsequent) participants is withdrawn.

(4) Until the start of the event, the participant can also request that a third party take over the rights and obligations arising from the contract if this person is not already registered. We can object to the entry of the third party for important reasons, especially if they do not meet the special requirements of the training or their participation is contrary to legal regulations or official orders. If a third party enters into the contract, he and the original participant are jointly and severally liable to us for the fee and the costs incurred as a result of the third party entering.

(5) If the participant fails to appear at the beginning of the event, the full participation fee is due unless the participant has effectively and demonstrably withdrawn in accordance with paragraph (1).

(6) Termination according to § 627 BGB is excluded.

§ 6 Withdrawal from special courses and out-of-house courses

In the case of first-aid courses which, at the request of the applicant, are carried out in the company or otherwise outside of the company’s own or rented premises, the applicant has the right to withdraw free of charge up to 2 working days before the start of the event up to 12 Clock. Cancellations at short notice will then be invoiced with 10 participants and the trade association or accident insurance settlement amount, since the lecturer cannot be used elsewhere in cases of arrival and departure without the course being held on these days.

A first-aid course cancellation on your part must be verifiably sent to us in writing at least two working days before the start of the course by 12 noon. In this case, your cancellation remains free of charge.

For all other non-first-aid courses that are carried out at the applicant's company or otherwise outside or within the company's own or rented premises, the applicant has no right of withdrawal free of charge. In this case, the costs specified in the offer from the medical services & first aid Kiwitz GmbH must be borne in full.

§ 7 Changes / cancellation of teaching services / special right of termination

(1) We reserve the right to make reasonable changes in time and location before or during the event. We also reserve the right to replace lecturers with equally qualified people and to exchange and change teaching materials for good cause, provided these do not significantly change the benefit of the announced event for the participant.

(2) If lessons are canceled for reasons for which we are responsible, they will be made up for. If they fail for a reason for which we are not responsible, we will try to make up for them. There is no legal claim for the latter.

(3) In both cases of paragraph (2), liability and damage claims that go beyond the replacement lesson and do not include injury to life,

affect body or health, unless there is intent or gross negligence on our part, excluded. If the number of participants is too small or too large, or if the documents requested by the school are not submitted by the deadline, we reserve the right to postpone the starting dates for individual participants at short notice or to train the participant in the next course. Already paid course costs remain with the medical services & first aid Kiwitz GmbH and are taken into account. In the event of a significant time shift or the complete cancellation of the course due to the above reasons, the participant has a special right of termination within two weeks of receipt of notification of the above circumstances.

(4) We expressly reserve the right to outsource the training or individual sections to other educational institutions/training hotels at other locations.

§ 8 Withdrawal by the organizer of first-aid courses

We are entitled to withdraw from the contract for important reasons, in particular if:

(1) there are not enough registrations for an event (minimum number of participants: 6),

(2) The event has to be canceled before it begins for other important reasons for which we are not responsible. This is particularly the case in the event of sudden illness, death of the lecturer, force majeure such as lockdown, quarantine of the school or the lecturer or the death of a close relative of the lecturer.

(3) In the case of overbooking of a maximum limit of a course offer (i.e. if a course place can no longer be provided for at least one participant due to capacity reasons), both parties are entitled to withdraw from the contract. This applies to the medical services & first aid Kiwitz GmbH only within 7 days of the occurrence of the overbooking and only in such a way that the contract with the first (and any subsequent) participants is withdrawn.

In all of the aforementioned cases, the participants will be informed immediately and any participation fees already paid will be fully refunded. Further liability and damage claims that do not concern injury to life, limb or health are excluded unless we acted with intent or gross negligence. This also applies to hotel rooms, train tickets or similar booked by the participant.

§9 Withdrawal from medical services

We are entitled to withdraw from the contract for important reasons, in particular if:

(1) We have received a notification from the regulatory authorities about an illegal or unauthorized event.

(2) In the event of a short-term cancellation for our medical service, we reserve the right to check this and, if necessary, to invoice the costs incurred up to this point in time (see also §3).

§ 10 Special features of individual training courses

(1) For some training courses, documents must be submitted before the start of training in order to meet the requirements for participation in the respective training course. Please inform yourself about these requirements before registering for a training course on our homepage. If it turns out after registration that you do not meet the required requirements, this does not exempt you from paying the costs specified in § 6 of these General Terms and Conditions.

(3) Excursions in all courses must be provided by the participants as a driving service, if necessary in car pools, and cannot be settled with Sanitätsdienste & Erste-Hilfe Kiwitz GmbH.

(4) Second certificates for our course-in-course seminars represent additional services that are subject to a fee.

(5) The number of participants is individually adapted to the course.

Section 11 Liability for Damage

(1) Our liability for contractual breaches of duty is limited to intent and gross negligence. This does not apply to culpable injury to life, body and health of the participant.

(2) In the case of claims due to the breach of essential contractual obligations and compensation for damage caused by delay (§ 286 BGB), we are liable for every degree of fault.

(3) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents, insofar as it is not a matter of breaching essential contractual obligations.

§ 12 Form of declarations

Legally relevant declarations / notifications that the participant has to submit to us or a third party must be in writing or in text form (by e-mail or post).

§ 13 Severability Clause

Should individual provisions of this contract be or become invalid, the validity of the remaining agreements shall not be affected. The parties undertake to replace the ineffective clause or clause that has become ineffective with a regulation that comes closest to the previous regulation according to the ideas and the economic business reasons of the parties.

§ 14 Place of Performance - Choice of Law - Place of Jurisdiction

(1) Unless otherwise stated in the contract, the place of performance and payment is our place of business.

(2) The law of the Federal Republic of Germany applies to this contract.

(3) The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for our place of business.

§ 15 data protection

In accordance with the data protection regulation (EU-DSGUV), you agree that we store your data internally.