Section 1 – Provider, inclusion by reference of the General Terms and Conditions
(1) The Provider and contracting party for the courses presented on our website is BAI Studios GmbH, An der Industriebahn 12-16, 13088 Berlin, Germany, phone 030-23573530, fax 030-23573532, e-mail info@BerlinArtInstitute.com (referred to hereinbelow as the “Provider”, “we” or “us” for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Provider and the respective Customer. We hereby object to any terms and conditions that the Customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Courses offered and conclusion of contract
(1) The Provider is offering the courses presented on this site for online booking. The selection of a course, conclusion of contract and implementation of the agreement shall all take place in English.
(2) The Provider is making a binding booking offer for the courses presented. By transmitting the order using the button “Place binding order” the Customer accepts the offer. The Provider shall confirm the conclusion of the contract by e-mail (contract confirmation).
(3) Before finally placing the booking order, the Customer is shown an overview of the data recorded for his order, including the essential characteristics of the chosen course. At this point, the Customer may check the data for any incorrect input and, if necessary, go back one or more steps in the order process to change the data or completely discontinue the order.
(4) After conclusion of the contract, the Provider sends the content of the contract (contract text) to the Customer by e-mail. At the same time, the Provider stores the contract text in his electronic data processing. If the Customer has a user account, he can also access the contract text in this account, otherwise it is the customer’s responsibility to save the e-mail with the contract text for later reference.
Section 3 – Prices and payment
(1) All prices are total prices. They are exempt from VAT.
(2) The Customer can pay by credit card (VISA, Mastercard or American Express) or using a PayPal account.
(3) All bookings are subject to pre-payment. Payment must be made within five days of booking and in any case before the commencement of the course. The Provider reserves the right to withdraw from the contract in case the payment is not made in good time.
Section 4 – Minimum attendance
(1) The provider may define, in the course description on the website, a mimimum number of participants for a course (Minimum Attendance).
(2) In the event that enrollments have not reached the Minimum Attendance until 48 hours before the beginning of the course, the Provider may cancel the course by notifing the Customer until 24 hours before the planned beginning of the course. The Customer shall be refunded immediately.
(3) In the event that enrollments for a course with participants present on site have not reached the Minimum Attendance until 21 days before the beginning of the course, the Provider may cancel the course by notifing the Customer until 18 days before the planned beginning of the course. The Customer shall be refunded the course fee immediately. However, it is the Customer’s responsibility to cancel any travel or accommodation services in good time, as the provider will not cover theses costs.
Section 5 – Cancellation in exceptional cases
If, after a booking has been confirmed, the lecturer scheduled for a course becomes ill or is otherwise prevented from conducting the course through no fault of his own, and the Provider is unable to arrange for an alternative suitable lecturer despite careful staff planning, the Provider may cancel the course immediately upon becoming aware of the impediment. In this case, the Provider will propose an alternative date and time, while claims by the Customer for damages and/or compensation for futile expenses are excluded.
Section 6 – House rules for courses on site
(1) Smoking is not permitted within in the building. On the premises outside the building, smoking is only permitted in the designated areas.
(2) It is not permitted to bring pets into the building.
(3) No spray paints containing solvents on a basis other than water are permitted inside the building.
(4) If using an electrical appliance, its power rating must not exceed 1000 watts.
Section 7 – Right of withdrawal for consumers
(1) A Customer concluding a contract as consumer may be entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) There is no right of withdrawal where the Consumer books a course that takes place on one or more fixed dates.
(3) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.
Section 8 – Warranty
Warranty claims shall be governed by the statutory regulations.
Section 9 – Out-of-court Dispute Resolution
(1) We are neither obliged nor willing to participate in consumer dispute resolution proceedings.
Section 10 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, excluding the german conflict of laws rules of International Private Law. However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the Customer is a merchant, an entity under public law or special assets (Sondervermögen) under public law, the parties agree that the Provider’s registered office shall be the exclusive place of jurisdiction.
