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Table of contents
1.1 These General Terms and Conditions (hereinafter “GTC”) of Magdalena Kurpiewska, operating under “Po Polsku. Sprachtreffen Polnisch.” (hereinafter “Organizer”), apply to all contracts for participation in courses/seminars (hereinafter “Event”) concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Organizer regarding the events presented on the Organizer’s website. Any inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2.1 The Organizer offers both online and in-person events. The content of the event is determined by the respective course description on the Organizer’s website.
2.2 For online events, the Organizer provides its services exclusively in electronic form via online video transmission using the appropriate technical means. For this purpose, the Organizer provides the Customer with suitable application software prior to the start of a video transmission, and may also use the services of third parties. To participate in the online video transmission without issues, the Customer’s system must meet certain minimum requirements, which are communicated to the Customer on the Organizer’s website. The Customer is responsible for ensuring that their system meets these requirements. The Organizer is not liable for technical problems resulting from inadequate system requirements on the Customer’s side.
2.3 For in-person events, the Organizer provides its services exclusively through personal contact with the Customer and in premises selected by the Organizer. Unless otherwise specified in the Organizer’s course description, the Customer has no right to choose a specific venue for the desired event.
2.4 The Organizer provides its services through qualified personnel selected by them. In doing so, the Organizer may also use the services of third parties (subcontractors) acting on its behalf. Unless otherwise specified in the Organizer’s course description, the Customer has no right to choose a specific person to conduct the desired event.
2.5 The Organizer provides its services with the utmost care and to the best of its knowledge and belief. However, the Organizer does not guarantee any specific outcome. In particular, the Organizer does not warrant that the Customer will achieve a particular learning success or reach a specific performance goal. This also depends on the personal effort and motivation of the Customer, over which the Organizer has no influence.
3.1 The events described on the Organizer’s website do not constitute binding offers on the part of the Organizer, but serve as the basis for the Customer to submit a binding offer.
3.2 The Customer can submit their offer via the online registration form provided on the Organizer’s website. By entering their data into the registration form and clicking the button that completes the registration process, the Customer makes a legally binding contractual offer regarding the selected event. Alternatively, the Customer can also submit the offer to the Organizer via email.
3.3 The Organizer can accept the Customer’s offer within five days,
If multiple of the aforementioned alternatives apply, the contract is concluded at the moment when the first of these alternatives occurs. The period for acceptance of the offer begins on the day following the submission of the offer by the Customer and ends at the close of the fifth day after the offer is sent. If the Organizer does not accept the Customer’s offer within this period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent. The same applies if the event selected by the Customer begins before the end of the acceptance period and the Organizer does not accept the Customer’s offer at least 24 hours before the start of the event, unless otherwise agreed between the parties.
3.4 When registering via the Organizer’s website, the contract text is stored by the Organizer after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has submitted their order. The Organizer does not make the contract text available to the Customer beyond this.
3.5 Before submitting a binding offer via the Organizer’s online registration form, the Customer can continuously correct their entries using the usual keyboard and mouse functions.
3.6 The German language is used for the conclusion of the contract.
3.7 If the Customer registers additional participants for an event, they undertake to also be responsible for the contractual obligations of all participants they have registered, provided they make a corresponding declaration at the time of registration.
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Organizer’s withdrawal instructions.
5.1 Unless otherwise stated in the Organizer’s offer, the prices indicated are total prices. No value-added tax is charged, as the Organizer is exempt from VAT as a small business.
5.2 Costs for travel, accommodation, and meals for in-person events are not included in the price and must be borne by the Customer, unless otherwise specified in the Organizer’s course description.
5.3 The payment options are communicated to the Customer on the Organizer’s website.
5.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
5.5 If payment is made using a payment method offered by PayPal, the payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), in accordance with the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – in accordance with the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.6 If the payment method “credit card via Stripe” is selected, the invoice amount becomes due immediately upon conclusion of the contract. The payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit assessment.
6.1 Only the person named in the registration confirmation is eligible to participate. A transfer of the contract to a third party is only possible with the Organizer’s consent.
6.2 If a third party enters into the contract between the Customer and the Organizer, both the third party and the Customer are jointly and severally liable to the Organizer for the participation fee and any additional costs that may arise due to the third party’s participation.
7.1 The Organizer may set a minimum number of participants for its courses. If a minimum number of participants is specified, the Organizer will explicitly indicate this in the course description.
7.2 If the minimum number of participants is not reached, the Organizer may withdraw from the contract by notifying the Customer no later than seven days before the start of the course. The Organizer will send the Customer its withdrawal notice immediately upon becoming aware that the minimum number of participants has not been reached, and at the latest seven days before the start of the course.
7.3 If the Organizer exercises its right of withdrawal in accordance with the preceding clause, the Customer may request participation in another event of at least equivalent value, provided that the Organizer is able to offer such an event from its range without additional cost to the Customer. The Customer must assert this request immediately upon receipt of the Organizer’s withdrawal notice.
7.4 If the Customer does not exercise their right in accordance with the preceding clause, the Organizer will promptly refund any participation fee that may have already been paid.
8.1 The Organizer reserves the right to change the time, location, instructor, and/or content of the event, provided that the change is reasonable for the Customer, taking into account the interests of the Organizer. Only minor changes to the service that become necessary after the conclusion of the contract and are not caused by the Organizer in bad faith are considered reasonable. The Organizer will inform the Customer in a timely manner in the event of any changes to the time, location, instructor, and/or content of the event.
8.2 In the event of a significant change to the service, the Customer may withdraw from the contract free of charge or instead request participation in another event of at least equivalent value, provided that the Organizer is able to offer such an event from its range without additional cost to the Customer.
8.3 The Customer must assert the rights pursuant to the preceding clause immediately after being informed by the Organizer of the change in service.
8.4 The Organizer is entitled to cancel the event at short notice for important reasons, such as force majeure or the illness of the instructor, with a full refund of any participation fee already paid. In the event of cancellation, the Organizer will make efforts to arrange an alternative date.
9.1 The Organizer owns all usage rights necessary for the conduct of the event. This also applies to any teaching materials that may be provided to the Customer in connection with the event.
9.2 The Customer may use the contents of the event, including any provided teaching materials, only to the extent necessary for the contractual purpose agreed upon by both parties. Without the Organizer’s explicit permission, the Customer is in particular not entitled to record the event or parts of it, or to copy, distribute, or make teaching materials publicly available.
9.3 For online events, course-related teaching materials (e.g., course documents) are provided to the Customer exclusively in electronic form via email or for download. Unless otherwise agreed, the Customer has no right to receive the teaching materials in physical form.
The Organizer is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:
10.1 The Organizer is fully liable under any legal basis.
10.2 If the Organizer negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage under the contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are those obligations that the contract imposes on the Organizer to achieve the contractual purpose, the fulfillment of which makes proper performance of the contract possible in the first place, and whose compliance the Customer can regularly rely upon.
10.3 In all other respects, the Organizer’s liability is excluded.
10.4 The above liability provisions also apply to the liability of the Organizer for its vicarious agents and legal representatives.
All legal relationships between the parties are governed by the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
The Organizer is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.