Terms & Conditions

Event Terms and Conditions of PEAK Creative Leadership GmbH
Last updated: March 2020

1. Scope of application

1.1 These general business terms (“Event Terms and Conditions”) govern all seminars, coachings, classes, workshops, events (e.g. parties) and conferences or similar functions (together “Events”) that are hosted offline or online by PEAK Creative Leadership GmbH, Chausseestraße 116, D-10115, Berlin, phone: +49 (0) 30 50 36 59 23; email: mail@peakberlin.com, Germany (“PEAK”).1.2 Any further participation conditions as may be specified at registration (such as timing, payment terms) shall take precedence over these Event Terms and Conditions.1.3 Any general business terms of the participant or third parties in addition to or deviating from these Event Terms and Conditions will not be accepted.

2. How to register; registration and attendance; language of contract

2.1 To register for an Event the participant must complete and submit the required information in the registration process on the relevant website (“Portal”) or on any physical registration form. The application for registration is submitted either by clicking on the button at the end of the form (provided with the wording “order with obligation to pay” or similar language if the registration is subject to a fee), or by dispatching the written registration form by post or fax to the contact details indicated on the registration form.2.2 The display of an Event in the Portal is merely a request for the participant to submit an offer for registration. The application for registration for an Event is an offer by the participant. Receipt of any registration is confirmed without undue delay by an email from PEAK, which will establish a contract (order confirmation).2.3 The order confirmation includes the details submitted by the participant with the registration as well as these Event Terms and Conditions (“text of contract”). The languages available for the conclusion of a contract are German and English. PEAK does not store the terms of contract.2.4 Registrations are processed by PEAK by time of receipt. Participants whose registration for an Event must be rejected for lack of vacancies will be informed. PEAK will notify the participant of alternative events or dates, where applicable.

2.5 On receipt of payment the participant will receive a registration confirmation or ticket, which may be sent electronically (e.g. as a link or by email) or by post to the contact details indicated by the participant.

3. Event fee; due dates; payment methods

3.1 All Event participation costs indicated in an Event offer (“Event Fee”) are total prices inclusive of all taxes, charges and any additional fees. The Event Fee falls due on conclusion of the contract (order confirmation).3.2 The Event Fee includes the cost of material provided to the participant at the Event (altogether the “Event Material”), except where the offer indicates additional fees for such Material.3.3 Travel and accommodation are not included in the Event Fee, unless specified otherwise in the offer. If the Event hotel or Event location offers rooms at special prices, this will be indicated in the offer or communicated to the participant by PEAK in the registration confirmation. The participant is responsible for the booking of any such rooms. The special accommodation offers are valid for a limited time and in limited numbers only.3.4 PEAK reserves the right to charge a separate fee for further catering services that are not indicated as included in the event in the offer, such as refreshments, catering during breaks, lunch or dinner during or after the event, or other services not expressly included in the event Fee.

3.5 The Event Fee can be paid by credit card, direct debit and – if so indicated in the registration – by bank transfer and PayPal.

4. Event hosting; changes

4.1 PEAK owes the participant the due and proper hosting of any booked Event at the time and location and with the persons announced in the registration confirmation. The Events are prepared and hosted by qualified instructors. PEAK does not provide any guarantee to the participant for that the attendance of any Event will lead to any particular result.4.2 For online Events, the participant is responsible for fulfilling, at the participant’s expense, the technical requirements indicated at registration and again in the registration confirmation (such as hardware or software, internet connection).4.3 PEAK reserves the right to make insignificant changes to the planning and organisation of an Event and the related agenda, and to replace an instructor by another who is equally qualified to render the services of the original instructor, if there is a legitimate reason. Legitimate reasons are the instructor’s absence due to conflicting engagements, illness or force majeure.4.4 PEAK has the right to cancel an Event for lack of minimum attendance as defined in the offer, up to twenty (20) working days prior to the Event date, or for reason of force majeure.

4.5 PEAK will notify the participant without undue delay, by notice to the contact details indicated by the participant, of any change to the time or location of an Event or significant change to the agenda of an Event or any cancellation.

4.6 If the time, location or agenda of an Event is changed significantly the participant will have the right to rescind the contract within five (5) working days after receiving the change notice. Any Event Fee already paid will be refunded to the participant in any such event of rescission or if an Event is cancelled. The participant has no legal remedy to claim lost expenses incurred as a result of the cancellation, except in cases of intent or gross negligence.

5. Cancellations; transfers

5.1 The participant may cancel attendance of any confirmed Event at no charge up to twenty (20) working days prior to the Event, by email or letter to PEAK. If attendance is cancelled later and up to five (5) working days prior to the Event 50% of the registration fee will be due. The full registration fee is due if attendance is cancelled within four (4) working days prior to the Event or if the participant is a no-show. However the participant may at all times designate a substitute participant. The participant may show that a lower loss has been sustained as a result of the participant’s cancellation or no-show.

6. Consumer right of withdrawal

A participant who is a consumer is entitled to a right of withdrawal as provided by law. The provisions below do not apply to participants who are traders, i.e. natural persons or legal entities or incorporated partnerships that close the legal transaction as part of their commercial or independent professional activities.- Instructions on withdrawal -Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first goods.

To exercise your right of withdrawal you must advise us of your decision to withdraw from this contract by submitting an unequivocal statement to PEAK Creative Leadership GmbH, Chausseestraße 116, D-10115 Berlin, Germany, [e-mail: mail@peakberlin.com ], [phone: +49 (0) 30 50 36 59 23] (e.g. a letter sent by post or email). You may, but are not required to, use the enclosed model withdrawal form.

To meet the withdrawal deadline you must dispatch your withdrawal notice before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract we shall reimburse to you all payments received from you, including shipping costs (except any additional cost resulting from your choice of a shipping method other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive your withdrawal notice for this contract. For the reimbursement we shall use the same payment method as you chose for the original transaction, unless specifically agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

- End of withdrawal instructions -

7. Liability

7.1 PEAK accepts full liability for damage and losses caused by intent or gross negligence.7.2 PEAK accepts liability for ordinary negligence only for injury to life, limb or health or breach of material contract duties whose fulfilment is essential to the due and proper performance of the contract or whose breach compromises the achievement of the contractual purpose and whose fulfilment the participant could reasonably rely upon (“material obligation”). The liability of PEAK for any breach by negligence of a material obligation shall be limited to damage and losses that are characteristic for the type of contract and were foreseeable.7.3 This limitation of liability shall not extend to any fraudulent concealment of defects or guarantee as to quality given by PEAK, or claims of the participant under liability legislation (such as the Product Liability Act).

7.4 The liability of legal representatives, employees and vicarious agents engaged for the discharge of duties of PEAK shall not exceed the liability of PEAK.

8. Rights in Event Material; video and audio recordings

All Event Materials are protected by copyright and/or trademark law and all rights in Event Materials are reserved by PEAK. The Event Material or excerpts thereof may not be reproduced, disseminated or made publicly available without the express consent of PEAK. Video and audio recordings at the Event are not permitted, unless expressly allowed to the participant by PEAK before or during the Event.

9. Participant’s audio and video recording consent

Recording consentThe participant consents to PEAK making video and audio recordings at the Event which may include the participant, and grants PEAK the exclusive right to use such recordings for promoting Events in PEAK print and digital media, including social media, perpetually and worldwide, by way of reproducing, disseminating and making publicly available such recordings. The participant may revoke this consent at any time for the future.

10. Miscellaneous provisions

All contracts signed under these Event Terms and Conditions shall be subject to German law. The courts at Berlin shall have exclusive jurisdiction for any disputes if the participant is a merchant as defined in the German Commercial Code (HGB).