General Terms and Conditions of Business and Customer Information
Below you will find our General Terms and Conditions of Business. We are also giving you the information we are obliged by law to provide on your rights under the provisions concerning contracts in distance sales and e-commerce transactions.
Sec. 1 Area of Application and Supplier
For contracts with
GASQ Service GmbH
Rothenburger Str. 11
Managing Director: Werner Henschelchen
registered in Nuremberg Local Court (Amtsgericht), HRB 28782
the following General Terms and Conditions of Business (the Terms) apply.
You can contact our customer service with any questions and complaints on weekdays from 10 am to 3 pm on the telephone number +49 911 900780 or by e-mail at firstname.lastname@example.org
Sec. 2 Enrolment Request
(1) The information on our website about our courses and examinations is provided so that you can make an enrolment request. You can enrol for courses and examinations by e-mail, fax, mail or online using the enrolment form on our website.
(2) If you enrol using our online enrolment form you make a binding enrolment request for the course or examination you have selected and listed in the enrolment form by clicking on the [Order with obligation to pay] button.
(3) If you enrol by e-mail, fax or post you make a binding enrolment request for the course or examination you have selected by sending the e-mail, fax or letter.
Sec. 3 Processing of the Enrolment Request and Conclusion of Contract
(1) We reserve the right on a case-by-case basis to accept your enrolment request or not. There is no general right or claim to participation.
(2) As the number of participants for courses and examinations is limited for didactic reasons and reasons of space, enrolments will be considered on a ‘first come first served’ basis. We will inform you if the course or examination you wish to enrol for is already booked up.
(3) We will send you an e-mail enrolment confirmation as notification of acceptance of your request. This will also include details of the course or examination in question and, if applicable, your invoice. Enrolment becomes binding with this enrolment confirmation by GASQ. Immediately after you send your enrolment request you will receive confirmation of receipt in an automatic e-mail or screen display. This does not, however, constitute acceptance of a contract.
Sec. 4 Right of Revocation
When ordering services, consumers (Sec. 13 of the German Civil Code, BGB) have a right of revocation as set out below.
A consumer is any natural person who enters into the respective legal transaction for a purpose which cannot be attributed predominantly to either their commercial or their freelance professional activities.
Right of Revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract
To exercise your right of revocation you must notify us (GASQ Service GmbH, Rothenburger Str. 11, 90443 Nuremberg, telephone +49 911 9900780, fax +49 911 90078 99, e-mail: email@example.com) with a clear and unambiguous declaration of your decision (e.g. by letter sent by mail, by fax or by e-mail) to revoke this contract. You may use the attached Model Revocation Form for this, but this is not obligatory.
The deadline for revocation will be deemed to have been kept to if you mail or send the notification that you wish to exercise your right of revocation before the deadline for revocation expires.
Consequences of Revocation
If you revoke this contract, we must refund to you all payments which we have received from you, including delivery charges (except the additional costs incurred if you have selected a method of delivery other than the cheapest standard delivery method offered by us) without undue delay and by no later than fourteen days after we receive your notice of revocation of this contract. Except as explicitly otherwise agreed with you, we will use for this refund the same method of payment that you used for the original transaction. Under no circumstances will you be charged for this refund.
If you have demanded that the provision of the services should begin during the revocation deadline period, you must pay us a reasonable sum equal to such proportion of the overall contracted services as has already been provided up to the time you notify us that you are exercising your right of revocation with regard to this contract.
End of the revocation information
If you have demanded that the provision of the services should begin during the revocation deadline period, you will lose your right of revocation if we have already completely fulfilled the contract.
You can find the revocation form here.
Sec. 5 Fees and Payment
(1) The prices which apply are those stated in the currently valid version of our programme of courses and examinations at the time of enrolment. The prices stated on the pages offering courses and examinations are inclusive of VAT and all other price components.
(2) The fees for courses and examinations are per participant and include the taking of the examination and receipt of the examination results by e-mail. You are responsible for all other costs, such as accommodation and travel to and from the venue.
(3) You may choose to pay by credit card or with invoice. If you pay by credit card, your account will be debited upon confirmation of your enrolment. Invoices must be paid within fourteen days of receipt without discount.
(4) The customer is responsible for carrying all ancillary costs associated with bank transfers from abroad.
(5) The examination fee includes the issue of a PDF certificate if passed. A paper certificate can be issued on request for a fee of 35.00€ + VAT.
(6) The customer is responsible for inserting the correct invoice address. For any updates of already created invoices, GASQ charges a fee of 20,00€ + VAT.
(7) The test taker can have an exam inspection against the fee of 80,00€ + VAT. The inspection is only possible in Nuremberg. The duration of the exam inspection is 15 minutes. It is forbidden to make any notes during the inspection.
Sec. 6 Substitution, Change of Booking or Cancellation by the Participant
(1) You may cancel or change your enrolment or name a substitute to take your place before the beginning of the course or examination subject to the following conditions. You must declare your notice of cancellation or change of booking or name a substitute participant in text form by e-mail, fax or post. The time of receipt by GASQ of your notice will be deemed to be the date of your declaration of cancellation, change of booking or substitution.
You may name a substitute participant up to 72 hours before the beginning of the course or examination as long as the person named fulfils the criteria for the enrolment in question. In this case, too, however, we reserve the right to refuse admission for participation on a case-by-case basis. To be validly enrolled, the substitute person must submit a separate, binding application in accordance with these Terms. Once the substitute has paid the course or examination fee, your enrolment will be cancelled and any fees already paid will be refunded.
Change of booking
You may change your booking to another equivalent course or examination free of charge once only up to three weeks before the booked course or examination date. Your change of booking declaration must include exact details of the course or examination you wish to change to. Change of booking declarations received by us less than three weeks before the course or examination date originally booked will be treated as cancellations.
You may cancel your enrolment. This is subject to the following charges:
If you cancel more than one month before the beginning of the course or examination date, no charges are incurred.
If you cancel between one month and seven days before the beginning of the course or examination date, 50 % of the course or examination fee is payable.
If you cancel later than this or do not attend, the full fee per invoice is payable.
Sec. 7 Cancellation by GASQ
(1) GASQ reserves the right to cancel courses or examinations if the minimum number of participants is not reached or for any other good reason beyond the control of GASQ.
(2) This only applies up to seven days before the beginning of the course or examination for cases of the minimum number of participants not being reached.
(3) GASQ may only cancel with shorter notice than this if sudden, unforeseen events occur (such as illness of the course trainer or the examiner or in the event of force majeure).
(4) In such cases GASQ will make every effort to arrange a substitute date without undue delay.
(5) Course and examination fees which have already been paid will be refunded by GASQ in such cases. No further liability or damages/compensation claims will be entertained, especially for reimbursement of costs due to absence from work, travel or hotel costs and the like, unless such claims are based on intentional or grossly negligent conduct by GASQ or our statutory representatives or employees or other agents.
Sec. 8 Liability, Damages
A. Liability vis-à-vis enterprises:
(1) The liability of GASQ for damages for any legal reason whatsoever, in particular due to impossibility, default, defective performance, breach of contract, breach of duties during contractual negotiations, and unlawful actions is limited in accordance with this Sec. 8 A as far as they are subject to fault.
(2) GASQ shall not be liable in the event of simple negligence by its company bodies, statutory representatives, employees or other agents unless a breach of essential contractual duties is involved. A duty shall be deemed an essential contractual duty if its fulfilment is what makes the due and proper execution of the contract at all possible and on compliance with which you, as an examination participant, may regularly rely.
(3) To the extent that GASQ is liable to pay damages in accordance with Sec. 8 (2), our liability shall be limited to damages which we have foreseen as possible consequences of a breach of contract at the time of entering into the contract or which we ought to have foreseen by applying the normal due care. Compensation may in addition only be paid in respect of indirect damage or consequential damage to the extent that such damage can typically be expected.
(4) We undertake no liability for personal property brought into the examination room by the participant during an examination.
(5) The foregoing exclusions and limitations of liability shall apply to the same extent to the benefit of our company bodies, statutory representatives, employees and other agents.
(6) The limitations set forth in this Sec. 8 shall not apply in respect of our liability for intentional conduct, for injury to life or health or physical injury or under the Product Liability Act or due to a guarantee we have undertaken.
B. Liability vis-à-vis consumers:
(1) We are liable without limitation
- for intent or gross negligence,
- for injury to life or health or physical injury,
- in accordance with the provisions of the Product Liability Act and
- within the scope of any guarantee we have undertaken.
(2) We are moreover liable in respect of the breach of essential contractual duties. In the event of slightly negligent breach of an essential contractual duty, however, we are only liable for the foreseeable damages typical for the type of contract, depending on the nature of the transaction in question, unless compensation for injury to life or health or physical injury is involved. A duty shall be deemed to be an essential contractual duty if its fulfilment is what makes the due and proper execution of the contract at all possible and on compliance with which you, as an examination participant, may regularly rely.
(3) We shall not accept any liability claims against us beyond this, irrespective of the legal nature of the claims made against us. In particular, we undertake no liability for personal property brought into the examination room by the participant during an examination. This shall not affect our liability in accordance with subsec. B.1. above.
(4) The foregoing limitation of liability also applies to the personal liability of the employees, representatives and company bodies of GASQ.
Sec. 9 Copyright
GASQ reserves all rights including copyright, rights for reprinting and for reproduction and rights of public accessibility in respect of documents and examination questions or parts thereof. Documents or examination questions or excerpts therefrom may under no circumstances be reproduced, disseminated, published or made publicly accessible in any form whatsoever without written permission.
Sec. 10 Data carriers brought by participants; damage to our hardware and to items of fixtures and fittings
(1) Data carriers brought by participants may not be run on computers belonging to GASQ or if so only with the explicit permission of GASQ. The course or examination participant will be liable for any resulting damage.
(2) The customer will be liable in accordance with statutory regulations if hardware and items of fixtures and fittings belonging to GASQ are damaged.
Sec. 11 Choice of governing law and venue of jurisdiction
A. Governing law and venue of jurisdiction for customers who are merchants (Kaufleute) or institutions established under public law
(1) Contracts including these Terms are governed by the law of the Federal Republic of Germany.
(2) Venue of jurisdiction for customers domiciled in Germany: if the customer is a merchant (Kaufmann) and if the disputed contractual relationship is attributable to the operation of a commercial enterprise, GASQ may file an action against this customer in Nuremberg or in any other competent court; the same applies to a legal entity established under public law and for special funds under public law. GASQ can itself be sued by these customers only in Nuremberg.
(3) Venue of jurisdiction for foreign customers: the agreement of venue of jurisdiction in subsec. (2) also applies to customers who carry on a comparable commercial business abroad and for foreign institutions which are comparable to domestic legal entities established under public law or a domestic special fund under public law.
B. In respect of all other customers, in particular consumers, the following applies:
(1) Choice of law: contracts including these Terms are governed by the law of the Federal Republic of Germany. For agreements having a purpose which can be attributed neither to the commercial nor the self-employed professional activities of the beneficiary (consumer), this choice of law applies only to the extent that the protection granted has not been withdrawn by virtue of mandatory provisions of law in the country in which the consumer is normally resident.
(2) Venue of jurisdiction: both we and the customer may bring action in any court which is competent by virtue of statutory regulations.
Sec. 12 Online Dispute Resolution
(1) The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
If you have found the course or examination you want and would like to make a binding booking, click on the [Book now] button. Then please complete the online enrolment form with your details. The compulsory details are marked with an asterisk (*). Registration is not required. Your data will be transmitted in encrypted form.
Please check your details before sending the enrolment request. You may correct your input details in the enrolment form at any time. The enrolment process can also be cancelled by closing the enrolment form window. By clicking the [Order with obligation to pay] button you finish the enrolment procedure and your enrolment request becomes binding.
We will store the contract text and send you the enrolment details and our Terms by e-mail. You may also read our Terms at any time by clicking here. For security reasons, your enrolment details will no longer be accessible on the web.
You may conclude the contract with us in German or English.
Last amended: May 2017
Nuremberg, GASQ Service GmbH