Imprint & Terms of Conditions
Information according to § 5 TMG:
Fair Spaces GmbH
Postal address:
Rollbergstraße 28a
12053 Berlin
c/o Impact Hub Berlin
Contact:
Phone: (+49) (0) 176 8071 2212
E-mail: kontakt@fair-spaces.de
Represented by:
Carolin Kruse
Commercial register
Berlin Charlottenburg
HRB 225269
Tax number
37/202/50875
Information pursuant to § 36 VSBG
In accordance with § 36 VSBG (Consumer Dispute Settlement Act – Act on Alternative Dispute Resolution in Consumer Matters), the operator of this website declares:
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
General terms and conditions
General regulations
1 General, scope of application of the GTCs
- The following General Terms and Conditions (hereinafter “GTC”) apply in the version valid at the time of the order for registrations for participation in online courses offered by Fair Spaces GmbH.
Unless expressly agreed in writing, deviating terms and conditions shall not apply.
1.2 The provider of the internet offer at www.fair-spaces.de and contractual partner is Fair Spaces.
1.3 Participants in the online courses and dates within the meaning of these Terms and Conditions may be both consumers and entrepreneurs (hereinafter “Participants”).
- A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity.
- An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
- A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his/her commercial nor to his/her independent professional activity.
- An entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2. customer service
For questions, complaints or claims, please contact us by e-mail kontakt@fair-spaces.de
3. legal order, place of jurisdiction
3.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
3.2 In the case of consumers, this choice of law shall only apply insofar as it does not deprive them of mandatory provisions of the law of the country in which they have their habitual residence.
3.3 The place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of our company in Berlin if the Customer is a businesswoman or businessman, a legal entity under public law or a special fund under public law.
4. liability
4.1 If you are a consumer and place orders or register for events with us for a purpose that cannot be attributed to your commercial or professional activity, we shall be liable for damages in accordance with the statutory provisions.
4.2 If you place your order or register for an event with us as an entrepreneur, the following shall apply in the event of our contractual liability for damages pursuant to sections 4.2 to 4.8:
4.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we shall be liable for damages in accordance with the statutory provisions.
4.2.2 If we or our representatives or vicarious agents have breached an obligation through slight negligence, the fulfilment of which is a prerequisite for the proper execution of the contract, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the customer regularly relies on, liability shall be limited to the foreseeable, typically occurring damage.
4.2.3 Unless otherwise stipulated in sections 4.2.1 and 4.2.2, our liability for damages is excluded. The same shall also apply insofar as claims under a right of recourse are asserted against us as suppliers in accordance with § 478 of the German Civil Code (BGB).
4.3 The exclusions and limitations of liability under clause 4.2 shall also apply to other claims, in particular claims in tort or claims for reimbursement of futile expenses instead of performance.
4.4 The exclusions and limitations of liability under clause 4.2 do not apply to any existing claims pursuant to §§ 1, 4 of the Product Liability Act or due to culpable injury to life, limb or health. They also do not apply insofar as we have assumed a guarantee for the quality of our goods or a performance outcome or a procurement risk and the guarantee case has occurred or the procurement risk has materialised.
4.5 We shall only be liable from the assumption of a procurement risk if we have expressly assumed the procurement risk in writing.
4.6 Unless the limitation of liability pursuant to section 4.2 applies in the case of claims arising from producer’s liability pursuant to § 823 BGB, our liability shall be limited to the compensation paid by the insurance company. Insofar as this does not occur or does not occur in full, we shall be liable up to the amount of the sum insured. This clause shall not apply in the event of culpable injury to life, limb or health.
4.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.
4.8 A reversal of the burden of proof is not associated with the above provisions.
5. OS Platform and Consumer Dispute Resolution Act
5.1 The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.
5.2 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
6. miscellaneous
6.1 The contract languages are German or English.
6.2 If one or more provisions of these GTC are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions are invalid, the content of the contract shall be governed by the statutory provisions.
Special regulations for registrations for online courses
7 Registration, conclusion of contract
7.1 The offers for participation in events and dates represent non-binding offers by Fair Spaces to the participant to conclude the contract with Fair Spaces. By registering via the website, the participant makes an offer to Fair Spaces to conclude the contract with him or her. Fair Spaces can accept the registration within 14 days of receipt of the registration by sending a confirmation of participation with an advance payment invoice. The contract is concluded through the confirmation of participation.
7.2 When registering via the Fair Spaces website and other sales pages, the desired event or date can be selected and the corresponding registration form completed. Input errors can be corrected by the participant cancelling the registration process and starting again. In order to complete the registration, the customer must accept the GTC and order the online course subject to payment. The participant then sends the registration to Fair Spaces. The participant will then receive an electronic confirmation of receipt of his or her email.
7.3 Fair Spaces saves the registration and the registration data entered. If the registration is made by post or e-mail and not via the online form, the participant will receive the GTCs with the registration confirmation.
8. right of withdrawal for consumers when registering for online courses
The following right of withdrawal only applies to consumers in distance selling:
Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform Fair Spaces of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample text for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must refund all payments we have received from you without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
9. sample cancellation form for registrations for online courses
(If you want to revoke the contract, you can use this sample text filled in and send it back to us).
To the
Rollbergstr. 28a
12053 Berlin, Germany
E-mail: kontakt@fair-spaces.de:
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
Date
(*) Delete as applicable.
10. terms of payment
Payment is made by invoice. You will receive the invoice together with the confirmation of participation by e-mail. The invoice amount is to be transferred to our specified account within 14 days of the invoice date.
11. cancellation and changes of online courses
11.1 Fair Spaces is entitled to cancel online courses up to 5 days before the scheduled date if there are no or too few registrations. The participant will be informed immediately of the cancellation. Any participation or event fees paid will be refunded immediately.
The assumption of any replacement and follow-up costs of the participants due to cancellation of events or postponement of dates are excluded.
11.2 Fair Spaces reserves the right to replace or omit parts of an event or date offer (for example due to the inability of a speaker or other updates). Such changes do not generate any right to a refund of the participation or event fee or parts of the participation or event fee or other expenses.
The prerequisite for participation in online courses is appropriate computer equipment and internet access, which the participant must provide him/herself.
11.3 There is no defined start of event for the online courses, as they are online self-study units.
11.4 As a rule, access to the online courses is possible at any time and without time restrictions. Fair Spaces is not obliged to provide access 7 days a week and 24 hours a day, even if this service is generally offered without interruption. Should there be no access in the event of a failure of the internet service on the part of Fair Spaces, Fair Spaces will endeavour to restore access as quickly as possible, usually within up to three working days depending on the severity of the damage.
Should an online course subsequently no longer be offered by Fair Spaces, the participation fee will be refunded immediately on a pro rata basis. There are no further claims for damages against Fair Spaces.
12 Cancellation
12.1 In the event of cancellation of the registration by the participant up to 14 days before the start of the course, the entire participation or event fee will be refunded.
In the event of cancellations from the 13th calendar day before the start of the course or in the event of non-attendance or cancellation at short notice in the event of illness, even with proof of sick leave, the full participation or event fee is due and the conference documents will be sent.
12.2 Cancellation must be made in writing or by e-mail.
12.3 The exchange of the participant by another participant is possible only once and must be announced to Fair Spaces in advance. Passing on the access data to others beyond this is not permitted.
13. list of participants
Fair Spaces uses the data of the participant collected in the course of the registration, which includes the name, if applicable the function in the company, the company name and the location.
14. photo and filming life events in online courses
Photographs and films will be taken and published during some of the opening and closing events. By registering, participants accept these conditions of participation.