GENERAL TERMS AND CONDITIONS (GTC)
Last updated: September 2026
§ 1 Provider and scope
These General Terms and Conditions apply to contracts between
EMS – Electronic Music School
Stefano Giachetta
Invalidenstr. 104
10115 Berlin
Germany
– hereinafter referred to as “EMS” – and its customers and participants.
They apply in particular to courses, workshops, camps, one-to-one coaching, online tuition, vouchers and – where offered through the website – goods and digital content.
Individual agreements between EMS and the customer take precedence over these Terms and Conditions.
§ 2 Services
EMS provides training and coaching primarily in the fields of electronic music production, DJing and related subjects.
The type, scope, duration, dates, content, teaching format and price are set out in the respective offer description and booking confirmation.
Depending on the booked offer, tuition takes place in Berlin, Cologne, online or at another expressly agreed location.
EMS may change content, procedures, premises or instructors for objective reasons, provided that the overall nature and essential scope of the booked service are not materially changed and the change is reasonable for the participant.
§ 3 Conclusion of the contract
The presentation of courses, coaching sessions, goods and other offers on our website does not constitute a binding contractual offer unless expressly stated otherwise.
By submitting a booking or order, the customer makes a binding offer to conclude a contract.
The contract is concluded when EMS expressly confirms the booking or order, sends an invoice or binding booking confirmation, or begins providing the service.
A purely automated confirmation of receipt initially confirms only that the booking or order has been received, unless it expressly states that the offer has been accepted.
For offers with a limited number of participants, bookings are generally considered in the order in which they are received.
§ 4 Prices and payment
The prices stated at the time of booking or ordering apply.
Prices for goods and other services subject to VAT include the applicable statutory VAT where VAT is due.
Where individual educational services are exempt from VAT under the applicable tax provisions, no VAT will be shown for those services.
Unless otherwise agreed, the invoice amount is due after conclusion of the contract or in accordance with the payment deadline stated on the invoice.
Payment by instalments is available only where offered for the respective service or individually agreed.
In the event of late payment, the statutory provisions apply.
§ 5 Minimum number of participants and cancellation by EMS
A minimum number of participants may apply to group offers. This may vary depending on the respective course or workshop.
If the required number of participants is not reached or an offer cannot take place as planned for another important reason, in particular due to the short-notice illness or absence of an instructor, EMS may cancel the date or offer a suitable alternative date.
EMS will inform participants as early as reasonably possible.
If EMS is unable to offer a suitable alternative date or participation on the alternative date is unreasonable for the participant, the participant may withdraw from the affected contract. Payments already made for services not provided will be refunded.
Any further claims are governed by the statutory provisions and the liability provisions contained in these Terms and Conditions.
§ 6 Changes of instructors and dates
If an instructor becomes unexpectedly unavailable, EMS is entitled to appoint a suitably qualified replacement instructor.
Teaching dates or premises may be changed for objective reasons where the change is reasonable for the participants.
Participants will be informed of material changes as early as reasonably possible.
§ 7 Cancellation and rescheduling by participants
Any statutory rights of withdrawal, rescission or termination available to the customer remain unaffected.
After expiry of any statutory right of withdrawal, voluntary cancellation or rescheduling of a booked course, workshop or camp is possible only with the consent of EMS unless different conditions were agreed for the specific offer.
If a suitable replacement participant can be provided and there are no objective reasons preventing that person from participating, EMS will, where possible, agree to transfer the booking.
One-to-one coaching
Agreed one-to-one coaching appointments may be rescheduled or cancelled no later than seven calendar days before the agreed appointment unless otherwise agreed.
In the event of a later cancellation or failure to attend, EMS may deduct the appointment in full from the booked coaching package or claim the agreed fee as a lump-sum compensation for the loss.
The customer expressly remains entitled to prove that EMS suffered no loss or a substantially lower loss. EMS must take into account any expenses saved and any alternative booking of the appointment.
§ 8 Missed teaching sessions
If a participant misses a fixed course, workshop or coaching session for reasons for which EMS is not responsible, there is generally no entitlement to repeat the session.
Where an important reason exists and organisationally possible, EMS will attempt to offer a goodwill solution for making up the missed session. There is no entitlement to such a solution unless expressly agreed otherwise.
§ 9 Online tuition
For online offers, the participant is responsible for a suitable internet connection and for meeting the technical requirements stated in the respective course description.
Technical problems occurring exclusively within the participant’s area of responsibility generally do not create an entitlement to repeat the session.
In the event of a substantial technical problem within EMS’s area of responsibility, the affected part of the session will be repeated or otherwise suitably replaced.
§ 10 One-to-one coaching packages
Booked one-to-one coaching packages should generally be used within twelve months of conclusion of the contract.
After this period, unused hours may continue to be used by arrangement and subject to appointment availability. If prices have changed in the meantime, an adjustment to the hourly rate applicable at the time the hours are subsequently used may be agreed.
Statutory rights and limitation periods remain unaffected.
§ 11 Vouchers
Paid vouchers are subject to the statutory limitation periods unless a legally permissible different arrangement has been agreed in the individual case.
Promotional or discount vouchers may be subject to specific conditions and time limits. These will be stated with the respective voucher.
Unless otherwise stated, promotional discounts and vouchers cannot be combined.
§ 12 Copyright and teaching materials
Teaching materials, files, concepts, videos, sounds, templates and other content provided by EMS or its instructors are protected by copyright.
Participants may use such content exclusively for their own private or personal learning purposes unless a broader licence has been granted.
Publication, disclosure, reproduction, commercial use or making such content available to third parties is not permitted without the prior consent of the respective rights holder.
§ 13 Audio and video recordings
Audio, video or screen recordings of teaching sessions by participants are permitted only with the prior consent of EMS and the relevant instructor and any other persons recorded.
This also applies to online tuition.
§ 14 Goods and digital content
Where EMS sells goods or digital content, the type and scope of the service are specified in the respective product description.
The statutory warranty rights apply to goods.
For digital content, technical requirements and any granted rights of use are specified in the respective product description.
§ 15 Liability
EMS is liable without limitation for damage caused intentionally or through gross negligence.
EMS is also liable without limitation for damage resulting from injury to life, body or health and in all cases of mandatory statutory liability.
In the event of a slightly negligent breach of an essential contractual obligation, EMS is liable only for the typical, foreseeable damage. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the contracting party may regularly rely.
In all other respects, liability for damage caused by slight negligence is excluded to the extent permitted by law.
The above limitations of liability also apply accordingly to the legal representatives and agents of EMS.
§ 16 Data protection
Information concerning the processing of personal data can be found in our separate Privacy Policy.
Consent to advertising or newsletters is not given by accepting these Terms and Conditions but, where required, separately and voluntarily.
§ 17 Right of withdrawal
Consumers have a statutory right of withdrawal in the case of distance contracts unless a statutory exclusion or reason for expiry applies.
Further details can be found in our separate Right of Withdrawal information.
§ 18 Consumer dispute resolution
EMS is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 19 Applicable law and jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
In the case of consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.
Where the contracting party is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the place of jurisdiction to the extent permitted by law.
§ 20 Final provisions
If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.
Last updated: September 2026