GENERAL Terms and conditions (GTC)
§ 1 Scope of application
Our General Terms and Conditions, hereinafter referred to as GTC, shall apply to the contractual relationship between EMS – Electronic Music School (Stefano Giachetta), hereinafter referred to as “ems”, and the participant or his/her legal representative, hereinafter referred to as “participant”. Deviating General Terms and Conditions of the Participant shall not be valid.
§ 2 scope of services
The ems shall conduct courses/workshops/individual coaching sessions for dealing with and creating, producing and distributing music in connection with digital technologies. The structure, content, learning objectives, scope of services and details of the implementation of the selected offer can be found in the respective valid course descriptions/coachings. We reserve the right to make minor changes to the content. Unless otherwise agreed, our courses take place at the ems premises at Invalidenstr. 104, 10115 Berlin, at Heliosstr. 6a-d, 50825 Cologne and online.
§ 3 conclusion of contract
The contract may be concluded by e-mail, by telephone or online at www.em-school.com (means of distance communication) or in person. The contract shall not be concluded until the ems has sent the participant a confirmation of registration by e-mail or in writing. The number of participants in all ems courses is limited. Registrations are therefore considered in the order in which they are received. If the limited number of participants for a course/workshop has already been reached, the participant will be placed on a waiting list. The participant will be informed of this.
§ 4 ems vouchers
Vouchers entitling the holder to a reduction in the course fee in the amount in EUR stated on the voucher shall be issued directly by the ems or by partners of the ems. Each voucher is only valid once for a participant. Only one voucher can be redeemed per booking. A voucher cannot be used together with another special offer.
§ 5 fees, terms of payment
5.1. Please refer to our current course/workshop programme for the participation fees. The prices of the equipment, templates, sounds and merchandise include the statutory value added tax applicable at the time. The prices of the courses, workshops and individual coaching sessions are VAT-exempt. The course fee is due immediately after the written booking confirmation by ems.
5.2. Payment of the participation fee must be made within 5 days of conclusion of the contract, unless otherwise agreed.
5.3. If the participation fee is not received on time, the participant may be denied participation in the course/workshop/individual coaching. A delay in payment on the first day of the event is considered a cancellation. The conditions stated under points 7.2., 7.4. and 7.5. shall then apply.
§ 6 minimum number of participants
6.1. If the minimum number of participants is not reached (which varies from course/workshop to course/workshop), ems shall be entitled to name up to 3 alternative dates/follow-up dates, which ems shall arrange in person, in particular with those participants who have already paid the invoice amount. These follow-up dates shall be announced to the participants or interested parties by e-mail or telephone. If the replacement dates cannot be held either due to too low a number of participants, the participants shall be entitled to withdraw from the contract and receive back the payment made in advance. No further claims may be made.
6.2. The ems reserves the right to hold a course date with an insufficient number of participants or to replace it with individual lessons.
§ 7 cancellation / rebooking
7.1 Cancellation of the contract must in any case be made in writing (by post/e-mail) or in person. The date of receipt is decisive for compliance with deadlines.
7.2 Cancellation of the contract free of charge is possible without giving reasons up to 3 weeks after the confirmation of registration. In the event of cancellation up to 10 working days before the start of the event, we will refund 50% of the course/workshop price plus a processing fee of 20 (twenty) EUR. If the participant cancels at a later date or stays away from the event without notification, the full course fees will be due immediately without deduction.
7.3 Point 7.2 does not apply if the contractual declaration has been effectively revoked in accordance with §13.
7.4 In the event that a substitute participant is provided, no further cancellation costs shall be incurred apart from the above-mentioned processing fee.
7.5 If the Participant wishes to change the booking to another course/workshop/individual coaching offer or to another event date, the ems must also be informed of this in writing or by e-mail. In this case, ems reserves the right to refuse. If a rebooking is not possible, the conditions regarding withdrawal set out in point 7.2. shall apply.
7.6 The ems may withdraw from the contract if the minimum number of participants specified in the course programme is not reached for the respective course and/or the course/workshop cannot be held, e.g. due to illness of the lecturer or for other reasons. In this case, we will endeavour to inform the participants at least 5 working days before the planned start of the event, stating an alternative date. In case of a 4th alternative date, the participant can then withdraw from the contract free of charge or confirm the alternative date as a new course date. In the event of withdrawal, the ems shall refund any course fees already paid in full. Any further claims for damages beyond the reimbursement shall be excluded.
§ 8 change or cancellation of course times
8.1 If the Participant fails to attend or misses a Course/Workshop/Individual Coaching session, for whatever reason, the ems shall not be obliged to provide additional services. However, if an important reason is presented, we shall attempt to enable the participant to make up for the missed content. An important reason exists in particular if the participant is unable to take part in the course/workshop/individual coaching for reasons certified by a doctor.
8.2 If the participant leaves an ongoing course/workshop/individual coaching prematurely, there is no right to termination or pro rata reimbursement of course fees already paid.
8.3 The ems reserves the right to relocate the respective course/workshop/individual coaching part spatially and/or temporally in the event of special, unforeseeable circumstances for which the ems is not responsible, such as the illness or other absence of a lecturer. In particular, the lecturer specified in the service description may be replaced by another with the same or better qualifications or experience in the event of an unforeseeable impediment.
8.4 If there are less than four participants, the teaching time can be reduced.
8.5 The measures according to clauses 8.3 and 8.4 do not entitle the participant to reduce the agreed course/workshop/individual coaching fee. The ems reserves the right to make changes to the timetable. Changes in this regard will be communicated as early as possible.
8.6 New appointments and changes to appointments requested by the Participant must be coordinated with the ems by e-mail to [email protected] (not with the instructor).
§ 9 copyright
9.1 The contents provided by the ems are protected by copyright of the ems, authors or licensors. All rights thereby established, in particular those of reprinting, translation, reproduction by photo-mechanical or similar means, storage and processing with the aid of EDP or their distribution in computer networks, shall remain reserved – even in part – for the authors and licence holders. Participants do not receive any ownership or exploitation rights to the content or programmes provided.
9.2 Each registered participant has the right to use the content provided as part of the event for his or her personal purposes, to print it out for himself or herself or to save it as files. Participants may not pass on, rent or lend copies of the documents and/or files to third parties – whether in return for payment or free of charge – or assign copying rights in any other form. This also includes the prohibition of distribution in and through social networks.
9.3 If teaching aids, media or software products of third parties are used in the context of the events, the participants undertake to observe the respective valid transfer provisions and in particular not to make copies or attempt to do so.
9.4 The recording of events by means of video or audio recording devices of any kind through the participant is not permitted. This also applies to online lessons.
§ 10 liability
10.1 In the event of course cancellation or postponement, travel and accommodation costs as well as expenses incurred due to loss of work will not be covered. No liability is accepted for indirect damage, in particular loss of profit or claims by third parties. The data of the participants collected during registration will be stored and processed electronically. The data will be processed exclusively for administrative and accounting purposes of ems in accordance with the Federal Data Protection Act. The data will not be passed on to third parties. By registering and contacting ems, participants agree to the processing of their personal data, e.g. for newsletters, until revoked.
10.2 The ems assumes no liability for objects (e.g. wardrobe, valuables) taken into the training rooms by the participant, or for other direct damage or costs of any kind. Participants shall be liable for any damage caused to the ems as a result of their behaviour.
§ 11 ancillary agreements
Any agreements deviating from these GTC shall only be valid if they are made by mutual agreement and expressly confirmed by ems. Verbal collateral agreements shall not be valid.
§ 12 severability clause
Should any provision in these GTC or any provision of other agreements be invalid, this shall not affect the validity of all other provisions or agreements.
§ 13 jurisdiction and place of performance
These Terms and Conditions and all legal relationships between ems and the Participant shall be governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all present and future claims arising from the business relationship with registered traders shall be Berlin. In all other respects, the statutory provisions shall apply.