General Terms and Conditions for Springer Campus Certificate Courses
1. Scope and Contractual Partners
1.1 These General Terms and Conditions (GTC) apply to the participation in courses offered by Fernstudium Springer Campus (hereinafter referred to as Springer) as part of its range of further education and training services. The GTC do not apply to distance learning courses that fall under the German Distance Learning Protection Act (Fernunterrichtsschutzgesetz “FernUSG”).
1.2 If a course is only intended for corporate clients according to the course offer, private individuals cannot conclude a contract. In case of doubt, Springer can demand proof (e.g. commercial register).
1.3 Contractual partner is Fernstudium Springer Campus, Springer-Verlag GmbH, Tiergartenstraße 17, 69121 Heidelberg, Telephone: +49 (0) 6221 487 0, Fax: +49 6221 487 68054, E-mail: firstname.lastname@example.org.
2. Status of the Participants
2.1 There are no special requirements for the admission to a course, unless explicitly stated in the respective course offer.
2.2 If the participation in a course is linked to enrolment at a university according to the course offer, the relationship with the university will be governed by a separate contract and/or the statutes and applicable legal provisions of the university. If the course offer stipulates that enrolment at the university is a prerequisite for participation in the course, the contract with Springer shall become invalid if the enrolment has not been completed by the start of the course (resolutory condition). In such event, any course fees that have already been paid will be refunded in full.
2.3 A university degree and/or academic degree will not be awarded.
3. Conclusion of the Contract
3.1 Registration for a course is only possible via the online registration system.
3.2 The following applies to corporate clients: Registration can only be made by human resources managers of a company/institute (hereinafter referred to as the organisation). The registered participant must be an employee of the organisation. The human resources manager acts as a representative of the organisation with which the contract is concluded.
The following applies to private individuals: The contract is concluded with the participant themself. Private individuals and corporate clients are referred to collectively as "customer" in the following.
3.3 When registering, a course must be selected and the customer must enter all required information in the mandatory fields. These details can be corrected at any time and the registration process can be cancelled by closing the browser window. A legally binding registration is only sent when the customer clicks on the button "Order with obligation to buy". The receipt of the registration is immediately confirmed by e-mail. This confirmation of receipt does not constitute a binding confirmation of the actual order.
3.4 After processing the registration, the customer receives an acceptance of the registration (registration confirmation) and an invoice. The contract is only concluded with this registration confirmation, which confirms the complete content of the contract. Springer is under no obligation to accept the customer’s proposal.
4. Right of Withdrawal and Cancellation
4.1 Consumers (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor relating to their independent professional activity) have a statutory right of withdrawal.
Information concerning the exercise of the right of withdrawal
Right of withdrawal
The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Fernstudium Springer Campus, Springer-Verlag GmbH, Tiergartenstraße 17, 69121 Heidelberg, telephone: +49 (0) 6221 487 0, fax: +49 6221 487 68054, e-mail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal 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 the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] 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.
You may use the attached model withdrawal form, but it is not obligatory.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Fernstudium Springer Campus
telephone: +49 (0) 6221 487 0
fax: +49 6221 487 68054
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the
provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date _____
(*) Delete as appropriate.
4.2 Notwithstanding the statutory right of withdrawal, Springer also offers the possibility of cancelling the registration. The statutory right of withdrawal remains unaffected. A cancellation is only possible in text form (e.g. letter, fax or e-mail). Springer will not charge any cancellation fees if the registration is cancelled up to 30 days before the start of the course. In the event of cancellation between 30 days and 14 days before the start of the course, Springer will charge processing fees amounting to 50 % of the course fee. In the event of later cancellations or absence during the course, the entire course fee will be charged.
4.3 The participant can name a substitute person if they are prevented from attending. The nomination of a substitute person is only possible with the consent of Springer and (if applicable, see section 2 paragraph 3 above) of the university at which the participant must be enrolled.
5. Services provided by Springer
5.1 The participant will receive the specific course material on the first day of the course.
5.2 A lecturer will be available at the course location on the days stated in the course offer.
5.3 If the course is held in cooperation with a university, academy or similar institution (cooperating institution) and this institution provides part of the services, the cooperating institution will act on behalf of Springer in relation to the customer. Springer is the sole contractual partner of the customer in this case as well.
5.4 Performance assessments do not take place, unless this is explicitly mentioned in the course offer. Springer issues a certificate of participation for successful participation (certificate).
5.5 If it is indicated in the course offer and if the participants meet the extended admission requirements therein, certificates with ECTS points can be acquired after successful participation in the final examination of the module.
5.6 If part of the course, the participant has access to the learning platform for several months after the regular course duration. The maximum duration of this additional, time-limited access depends on the regular duration of the course and must not exceed it.
6. Course fee
6.1 The course fees are based on the course offers and are displayed therein net and gross.
6.2 The course fees are due when the invoice is issued and must be paid to the bank account indicated.
6.3 The customer will be in default upon receipt of a reminder after the due date or at the latest if the customer does not pay within 30 days of receipt of the invoice. If the customer is a consumer, this shall only apply if this has been specifically indicated in the invoice. Springer reserves the right to assert a claim for default damages in excess of the statutory default interest.
7. Execution of the Attendance Periods
Participants are only entitled to participate in the attendance periods at cooperating institutions if the course includes attendance periods and if they observe the safety regulations applicable at the respective institution. The cooperating institution may require that participants attend a training course and/or commit themselves in writing to observe the safety regulations. It may exclude participants who refuse to take part in the instruction or commit themselves to the safety regulations.
8. Changes in Dates/Program; Right of Cancellation
8.1 Springer is entitled to postpone or cancel an attendance period or individual events thereof for good cause, for example if a defined number of participants is not reached. If an attendance period is postponed, the customer is entitled to cancel the contract. In the event of cancellation due to these reasons, the course fee will be refunded. Further claims of the customer, for example for reimbursement of cancellation costs for travel and hotel, are excluded.
8.2 Springer reserves the right to change the course programme for important reasons. In justified cases, Springer is entitled to have individual events/courses conducted by lecturers other than those specified, provided that they are just as qualified as the lecturers specified in the course offer.
9. Provided Documents
Documents and software provided or made available by Springer within the framework of the course may not be reproduced (whether analogue or digital and irrelevant by what means) or made available (e.g. for downloading) without written permission. In case of infringements Springer reserves the right to assert claims for copyright infringement.
10.1 No guarantee is given for the advice given and the economic usability of acquired knowledge.
10.2 Springer shall be held liable in accordance with statutory regulations for any loss or damage sustained by the customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
10.3 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardises attainment of the very purpose of the contract.
10.4 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
10.5 In all other respects, liability towards Springer and Springer’s vicarious agents – for whatever cause in law – is hereby ruled out.
10.6 Insurance cover by Springer does not exist.
11. Final Provisions
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships resulting from the contract. If the customer is a consumer, the following shall apply: This shall not result in the customer losing the protection of mandatory legal provisions of the country in which he/she has his/her habitual residence.
11.2 If the customer is a registered trader, a public corporation or a special trust managing public assets, Berlin shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Springer and the customer. In such event, Berlin shall be deemed to have been agreed as the place of performance.
11.3 The same shall apply if, subsequent to the conclusion of the contract, the customer’s place of residence or habitual place of abode is located at some place outside the territory of the Federal Republic of Germany or is relocated to such a place. This shall also apply if the customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
(Status June 2020)