Terms & Conditions
General Terms and Conditions (AGB) of Albion Academy GmbH, Tiroler Straße 1, D-83435 Bad Reichenhall
I. General Provisions
§1 General
(1) Albion expressly does not address consumers within the meaning of §13 BGB. By concluding a contract, the customer confirms that they commission or acquire Albion's services or materials for their commercial or freelance activities.
(2) Side agreements should be made in writing; individual agreements always take precedence.
(3) The business relationship is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) The exclusive place of jurisdiction for all disputes is the registered court, provided the customer is a merchant, legal entity under public law, public-law special fund, or has no place of jurisdiction in Germany. Albion is additionally entitled to sue the customer at their general place of jurisdiction.
§2 VAT and Payment
(1) Agreed fees or prices are, unless otherwise stated, net plus applicable VAT.
(2) Payments are due within 14 days of invoicing, and no later than two weeks before the event. In case of default, Albion may claim damages and withdraw from the contract as per statutory provisions.
(3) Albion always issues an invoice. For documents purchased via the online shop, Albion may also send the invoice as a PDF by email.
§3 Liability
(1) Albion is liable for defects of quality and title in accordance with statutory provisions.
(2) Damage claims outside of defect liability can only be asserted in cases of intent or gross negligence, including that of employees, representatives, or vicarious agents.
(3) The exclusion of liability does not apply to injury to life, body, or health, or to the breach of material contractual obligations. Liability is limited in amount to the damages foreseeable at the time of contract conclusion.
(4) Liability under the Product Liability Act and other mandatory statutory provisions remains unaffected.
(5) Except in cases of unlimited liability, maximum liability is limited to the value of the offer or course fee, up to a maximum of EUR 5,000.
(6) Except in cases of unlimited liability, liability for any consequential and financial losses (e.g., lost profits, loss of work, or third-party claims) is excluded. All claims against Albion expire twelve months after completion of the service.
§4 Set-Off and Right of Retention
The customer's right to set off only applies if the counterclaims are acknowledged or legally established by Albion. The customer may only exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
§5 Data Protection
(1) The customer is aware and consents that the personal data required for order processing is collected, stored, and processed by Albion in compliance with the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Personal data is treated confidentially.
(2) Personal information may also be used, with the customer's express prior consent, to inform about products, marketing measures, and other services.
(3) The customer has the right to revoke consent at any time with effect for the future. In this case, personal data will be deleted immediately. For ongoing contractual relationships, deletion occurs after their conclusion.
§6 Right of Withdrawal
(1) The customer has the legal right to withdraw from this contract within 30 days without giving reasons.
(2) The withdrawal period is fourteen days from the date of contract conclusion. To exercise the right of withdrawal, the customer must inform Albion by means of a clear declaration (e.g., a letter sent by post or email). Albion will promptly send the customer confirmation of receipt of such withdrawal.
(3) To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
(4) If the customer withdraws from this contract, Albion shall reimburse all payments received from the customer without undue delay, and no later than fourteen days from the day on which the notification of withdrawal was received. Albion will use the same means of payment for the reimbursement that the customer used for the original transaction, unless expressly agreed otherwise; the customer will not be charged any fees for this reimbursement.
(5) It is expressly noted that the right of withdrawal expires if Albion has begun performing the contract after the customer has expressly agreed that Albion should begin performance before the withdrawal period expires.
II. Consulting Services
§1 Commission, Completion of Assignment
(1) The task, approach, type of work results, and remuneration are set out in a written agreement. Changes, additions, or extensions require a written agreement.
(2) Services are deemed rendered when the required analyses, resulting conclusions, and recommendations have been prepared and explained to the customer. It is irrelevant whether or when the customer implements the conclusions or recommendations.
(3) The customer may cancel consulting services free of charge up to 6 weeks before the start of service. After that, the customer must pay 80% of the fee in the event of cancellation, up to a maximum of 30 daily rates.
§2 Customer Obligations
(1) The customer undertakes to support Albion's activities, creating all necessary conditions within their operational sphere free of charge. Where reasonable conditions are withheld, the customer must separately compensate resulting documented waiting times.
(2) The customer undertakes not to hire or commission any employees or vicarious agents of Albion used in connection with the consulting engagement within 24 months after the end of the collaboration.
§3 Albion's Obligations
Albion is obligated to treat information about the customer's business and trade secrets confidentially and, upon request, to have employees or vicarious agents sign a corresponding obligation declaration.
§4 Protection of Work Results
Reports, plans, drafts, statements, and calculations prepared by Albion may only be used for the contractually agreed purposes. Any use outside the contract, particularly publication, requires prior written approval from Albion.
III. Training & Seminars
§1 Booking
(1) When customers book via the online portal, the contract is formed upon Albion's written confirmation; the registration is then binding for both parties.
(2) For all other bookings (phone, email, letter, fax), Albion sends the customer an offer which can be accepted in text form within 1 week.
(3) Confirmation of registration places the customer on the list of potential participants. It is not a guarantee that the event will take place. A confirmation of implementation with all details is sent no later than two weeks before the event.
(4) Due to limited participant numbers, registrations are processed on a first-come, first-served basis.
(5) Trainers deployed by Albion act exclusively on behalf of and in the name of Albion. Within 24 months after the event, additional, follow-up, and new orders with the trainers must be processed exclusively through Albion.
§2 Prices and Fees
(1) Prices listed in course programs or the online portal apply, or individually agreed prices for corporate events.
(2) The participation fee is due within two weeks of receiving the invoice, but in any case before the event begins. If not paid by the start of the event, participation is unfortunately not possible. Early bird discounts are only granted if booking and payment are made within the specified deadlines.
(3) Prices for public seminars offered directly by Albion (not partner companies) include: trainer services, training materials in German or English, and beverages and lunch during the event (or corresponding vouchers), unless otherwise stated.
(4) Early bird discount: A binding booking 42 calendar days in advance (no cancellation option) receives a 10% discount, limited to 4 participants on a first-come basis. This discount cannot be combined with other discounts.
(5) Other costs related to the training (e.g., accommodation, travel) are borne by the participant. Non-attendance or partial attendance does not entitle a reduction of the participation fee.
(6) Discount arrangements are final and cannot be combined with other special conditions from Albion or third parties (partner companies, associations, etc.).
§3 Cancellations and Rebookings by the Customer
(1) Participants may cancel in writing as follows:
- •60 calendar days or more before the event: free of charge
- •59 to 15 calendar days before: 50% of the participation fee
- •Later cancellation or no-show without prior notice: full participation fee
- •Any participation fees already paid will be refunded accordingly.
(2) A customer may transfer a registration to another employee of their company at any time.
§4 Cancellation by Albion
(1) The venue is specified in the offer or confirmation. Albion reserves the right to change the venue.
(2) Albion reserves the right to cancel confirmed events for organizational or other important reasons (e.g., illness of the instructor). Participants will be notified immediately.
(3) Albion will endeavour to offer alternatives, e.g., rebooking to another date and/or location if the customer agrees. Otherwise, course fees already paid will be refunded; no further claims exist.
§5 Certification Guarantee
(1) If the participant does not pass the certification exam after attending the course, they are entitled to retake the exam once free of charge. The participant bears the costs of any further exam attempts.
(2) The prerequisite for the free retake is active participation in an in-person or online training with at least 2/3 attendance.
(3) A free retake is only possible within a maximum of 12 months following the original course start date.
(4) The certification guarantee is a free additional service from Albion. It applies only to public course dates from Albion. It does not apply to customer-specific seminars or seminars from partner companies marketed through Albion's portal.
(5) Albion may refuse re-attendance if the participant failed for unexcused reasons, violated general behavioral standards, or demonstrably lacked willingness to participate.
(6) The following costs are not included in the certification guarantee: travel, accommodation, and meals.
§6 Copyright of Training Materials
All copyrights and other protective rights to training materials, including translation, reprinting, and reproduction, remain with Albion. Without prior written permission, no user may reproduce, duplicate, distribute, or publicly reproduce the training materials, in whole or in part, including for teaching purposes.
§7 Right to Make Changes
(1) The seminar program is continuously updated. All information on the website is always up to date. Albion reserves the right to make necessary content adjustments as long as they do not substantially change the topic and overall character of the seminar.
(2) Albion may change the type, structure, methods, media, exercises, and sequence of course units without prior notice, provided this is appropriate or legally required and does not permanently negatively affect the quality of the service.
§8 In-House Training / Corporate Events
(1) For in-house training, the customer shall provide the service environment (e.g., rooms, equipment) at their own expense; Albion provides the content (e.g., materials, certificates, exams). Travel, expenses, and hotel costs for the customer or individual participants are borne by the customer.
(2) The customer must take all measures necessary to protect persons and property in the rooms they provide, and must inform Albion of all applicable safety regulations.
(3) Unless otherwise agreed, Albion's travel and accommodation costs are charged separately and shown on the invoice. Albion's business address serves as the starting point and return destination.
(4) The customer bears all costs arising from cancellation of an event by the customer, non-performance for reasons not attributable to Albion, interruption/delay without Albion's fault, or inability to conduct the event on-site.
(5) If Albion cancels, fees are refunded in full, unless the cancellation is not attributable to Albion. Further claims against Albion are excluded.
(6) In case of a service failure not attributable to Albion, a new date is set, excluding any payment claims of the customer against Albion.
(7) Participant numbers must be finalized at least two weeks before the course starts. No refunds for non-attendance or partial attendance. Substitute participants may be named until the course start date.
IV. Online Shop
§1 Contract Conclusion and Processing
(1) Albion offers various documents for download in the online shop. The customer can collect chosen documents in a virtual shopping cart and then order. Before completing the order, the customer receives an overview of the ordered items and applicable VAT and can check and correct the order. Albion confirms receipt of the order by email.
(2) Albion has created the texts, graphics, and images in the documents to the best of its knowledge and in compliance with applicable laws. The final review and evaluation of the content for the intended use is the customer's responsibility.
(3) A license agreement is formed when Albion confirms the customer's order in text form or when Albion provides the files for download.
(4) The customer can download the files after paying the agreed price.
§2 Prices and Payment
(1) The prices listed in the online shop apply. No packaging or shipping costs apply; however, the customer may incur additional costs for file transfer over the internet.
(2) The customer can choose between PayPal and bank transfer. With PayPal, the customer is redirected during the ordering process and makes an irrevocable payment, then receives the download link with the order confirmation. For bank transfer, the download link is sent after Albion receives confirmation of payment from the bank. Bank transfer payment is due 1 week after contract conclusion.
§3 Granting of Usage Rights
(1) Documents offered in the online shop are subject to copyright law (UrhG) in both their original and modified form. Albion reserves the right to protect the files through hidden programming codes against unauthorized distribution.
(2) Upon full payment, Albion grants the customer a non-transferable, non-exclusive, temporally and geographically unlimited right to use the received files including texts and images in the commercial sphere. The customer may store, individually edit, and print the files. The usage right does not permit the customer to pass on the documents, in unchanged or changed form, to third parties for a fee or free of charge. The usage right also does not permit the customer to use the documents on the internet or in other media.
Questions about these terms? inquiry@albion.eu