Terms and conditions of berliner team GbR including limitation of liability and assumption of liability by the client for the participants in section 9
These terms and conditions of berliner team GbR take precedence over any conflicting general terms and conditions of the client.
Amendments and additions to the contract must be made in writing.
This also applies to the amendment of this written form clause.
The company berliner team provides its services through the owners themselves, through employees or through freelancers.
Rights of set-off and retention against agreed and due payment claims of berliner team are excluded.
The client shall inform berliner team before and during the event of all circumstances that are important for the preparation and execution of the service.
The company berliner team commits itself and all employees and freelancers to maintain confidentiality regarding all knowledge of the client’s internal business affairs acquired in the course of the order.
If berliner team is unable to hold an event due to force majeure, illness, accident or other circumstances for which the trainer/consultant is not responsible, berliner team is entitled both to provide the service by equally qualified trainers/consultants and to make up for the services on a new date to be agreed, excluding any liability for damages.
In the latter case, the client is entitled to withdraw from the contract if berliner team’s proposed dates cannot be met by the client or if later dates are not feasible for the client.
If appointments are canceled by the client less than 4 weeks before the agreed date, cancellation fees in the full amount of the agreed fee will be charged.
The client recognizes the copyright of berliner team and the owners of berliner team to the works created (training documents etc.).
Reproduction and/or distribution by the client as well as recording on audio or video tapes is not permitted without the prior written consent of the authors.
Due to the special nature of berliner team’s services, berliner team accepts no liability for personal injury or damage to property that is not caused intentionally or through gross negligence by berliner team (including its employees and staff).
In the event of intent or gross negligence, the liability of berliner team is limited on the one hand to the company owner participating in the event and on the other hand to the liability amount (personal injury € 1,533,000.00, property damage € 511,000.00 and financial losses € 25,000.00).
The client undertakes to pass on the limitation of liability in accordance with Section 9a (in terms of reason and amount) to the participants and to oblige them accordingly vis-à-vis berliner team.
This must be proven to berliner team before the start of the event by handing over the corresponding contractual obligations of the participants.
If this is not done, the client is obliged to indemnify berliner team from all claims of the participants that go beyond the above limitation of liability in accordance with the clause.
The client undertakes to ensure that all participants have adequate health and accident insurance.
If this is not the case, the client is obliged to take out appropriate insurance before the start of the event for the duration and scope of the contractual service provision by berliner team.
The client is obliged to ensure that the event organized by berliner team is part of the employees’ working hours, so that any accidents are classified as occupational accidents and insured by the employers’ liability insurance association.
In the case of participation by persons in berliner team events who are not insured by the employers’ liability insurance association, the client must inform the company of these persons ten working days before the start of the service.
The company berliner team is entitled to exclude these persons from participation.
If such written notification is not provided, the client shall hold berliner team liable for claims by these persons as if they were insured for accidents at work through the employers’ liability insurance association.
The invalidity of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions.
In such a case, the invalid provision shall be reinterpreted or supplemented in such a way that the economic and legal purpose intended by the invalid provision is achieved.
The same applies if a loophole requiring supplementation becomes apparent.