General Terms and Conditions of Business

MedicalMountains GmbH, as at: May 2024        

In the following, contractual partners of MedicalMountains GmbH (hereinafter also referred to as ‘us’, ‘we’) are referred to as participants or contractual partners.

1 Scope of application
1.1 These GTC apply to the organisation of events such as seminars, certificate courses, consultation days, workshops, in-house training courses, ExpertTables, MedTalks, symposia and forums.
1.2 Offers and services provided by MedicalMountains GmbH are subject exclusively to these GTC. Amendments shall only apply insofar as they have been agreed in writing.

2 Offer, registration, conclusion of contract
2.1 The offers of MedicalMountains GmbH are subject to change and non-binding. This also applies to the prices quoted. The service owed is the agreed activity and not any kind of success.
2.2 Registrations are made via the online registration form or by e-mail to MedicalMountains GmbH. They will be processed in the order in which they are received. By registering, the participant recognises these GTC. Registrations can only be considered if there are still places available in the desired event. Confirmation of receipt of an online registration is sent by automated e-mail immediately after the registration has been sent and does not constitute acceptance of the contract by MedicalMountains GmbH. A claim to participation only arises when MedicalMountains GmbH confirms the registration in text form. The registration shall become binding for the participant with the order confirmation in text form.
2.3 If a registration is made by the participant at such short notice that a confirmation of registration is no longer possible, the contract shall be deemed to have been concluded if the registration is confirmed to the participant in another suitable manner, the participant accepts the services without reservation or MedicalMountains GmbH begins to provide the services.

3 Terms of payment
3.1 In the absence of individual contractual provisions, the valid fees are set out in the event programmes currently published at the time of registration.
3.2 Participants registering up to 3 weeks before the start of the seminar will receive an early booking discount of 10 per cent (valid for seminars starting on 01.01.2024).
3.3 Participants who register up to 4 weeks before the start of the course will receive an early booking discount of 10 per cent (valid for certificate courses from start date 01.01.2024).
3.4 Fees must be transferred to the specified account immediately after invoicing, but no later than 14 working days after receipt of the invoice without deductions and stating the invoice number. Invoices are generally issued after participation in the event.
3.5 MedicalMountains GmbH reserves the right to require advance payment of the full fee for participants in ExpertTables, joint projects and certificate courses.
3.6 Examinations shall be charged separately unless expressly agreed otherwise.
3.7 MedicalMountains GmbH reserves the right to charge a processing fee of 15 euros for subsequently requested invoice corrections that were not correctly specified by the participant in the online registration form.

4 Implementation / modification / cancellation of events
4.1 Events shall be held in accordance with the published event programme or in accordance with the separate agreement made with the participant. However, MedicalMountains GmbH reserves the right to make changes as long as these do not fundamentally change the objective of the event.
4.2 There is no entitlement to the organisation of an event by a specific speaker/lecturer. There is also no entitlement to compensation for a missed event day.
4.3 Events may be cancelled by MedicalMountains GmbH for reasons for which it is not responsible, in particular if the number of participants does not cover the costs, if the speaker/lecturer is unavailable at short notice (e.g. due to illness without the possibility of deploying a replacement speaker) or due to force majeure. The participant will be informed immediately. Participation fees already paid will be refunded in full in the event of cancellation. Subject to the provisions of Section 7 of the GTC, MedicalMountains GmbH shall not be liable for futile expenses or other disadvantages incurred by the participant as a result of cancellation.
4.4 MedicalMountains GmbH shall be entitled to change speakers or alter the course of the event for good cause, provided this is reasonable for the participant. Such changes shall not entitle the participant to withdraw from the contract or to reduce the fee.

5 Resignation
5.1 ExpertTables and joint projects: Unless the right of cancellation takes precedence, the participant may withdraw from the contract up to 21 days before the start of the event without giving reasons. If cancellation is declared by the 14th day before the start of an event, a pro rata fee of 30% will be charged. If the contract is cancelled later than 14 days before the start of the event, the full participation fee is due. Cancellation must be made in writing. The date of receipt by MedicalMountains GmbH shall be decisive for the timeliness of the cancellation. The provision of suitable substitute participants is possible.
5.2 Certificate courses: Unless the right of cancellation takes precedence, the participant may withdraw from the contract up to 21 days before the start of the first event of the course without giving reasons. If cancellation is declared by the 14th day before the start of the first event of the course, a pro rata fee of 30% will be charged. Cancellation of the contract later than 14 days before the start of the first event, non-attendance or early departure from the event will result in the full participation fee being due. Cancellation must be made in writing. The date of receipt by MedicalMountains GmbH is decisive for the timeliness of the cancellation. Suitable substitute participants may be provided before the start of the course. If the certificate course has already started, it is no longer possible to nominate a substitute participant.
5.3 Certificate courses with several modules: Unless the right of cancellation takes precedence, the participant may withdraw from the contract up to 21 days before the start of the respective module without giving reasons. If cancellation is declared by the 14th day before the start of the respective module, a pro rata fee of 30% will be charged. In the event of cancellation of the contract later than 14 days before the start of the respective module, non-attendance or premature departure from the event, the full participation fee shall be due. Cancellation must be made in text form. The date of receipt by MedicalMountains GmbH is decisive for the timeliness of the cancellation. Suitable substitute participants may be provided before the start of each module. If the respective module has already begun, no substitute participant can be nominated.
5.4 In-house training courses: Unless the right of cancellation takes precedence, the contractual partner may withdraw from the contract up to 30 days before the start of the training course without giving reasons. In the event of cancellation from 4 weeks before the date, a pro rata fee of 50% will be charged. In the event of cancellation from 7 working days before the date, the full participation fee is due. Cancellations must be made in writing. The date of receipt by MedicalMountains GmbH is decisive for the timeliness of the cancellation.
5.5 Seminars, MedTalks and all other events: Unless the right of cancellation takes precedence, it is possible to withdraw from a registration in writing without giving reasons. Cancellations received no later than 14 days before the start of the event will not incur any participation fees. In the event of cancellation up to the 7th day before the start of the event, the participation fee is reduced to 50%. In the event of later cancellation, non-attendance or premature departure from the event, the full participation fee will be charged. The date of receipt by MedicalMountains GmbH is decisive for the timeliness of the cancellation. The provision of suitable substitute participants is possible.
5.6 We recommend that participants take out seminar insurance with seminar cancellation and seminar interruption insurance.
5.7 Trade fairs: Cancellation or reduction of the stand area by the exhibitor is no longer possible. If the exhibitor nevertheless decides not to occupy the stand space allocated to him, he shall be liable for 50% of the stand fees up to the day of the registration deadline and 80% of the stand fees after the end of the registration deadline.
5.8 Exhibition stands Forums: Unless the right of cancellation takes precedence, the following applies: For cancellations up to 12 weeks before the event date, a pro rata fee of 50% will be charged. In the event of cancellation 12 weeks or more before the date of the event, the full participation fee is due. Cancellations must be made in writing. The date of receipt by MedicalMountains GmbH is decisive for the timeliness of the cancellation.

6 Cancellation
MedicalMountains GmbH may cancel the contract for good cause, e.g. if the participant persistently disrupts the event or hinders MedicalMountains GmbH in any other way in the provision of its contractual services. The participant shall not be entitled to a refund of any fees already paid. The participant must compensate for any damage for which he/she is responsible. In this respect, MedicalMountains GmbH expressly reserves the right to assert claims for damages.

7 Liability
7.1 MedicalMountains GmbH shall only be liable for damages resulting from an intentional or grossly negligent breach of duty by MedicalMountains GmbH, its legal representatives or vicarious agents. This shall not affect liability for injury to life, limb and health, for breach of material contractual obligations and under the Product Liability Act.
7.2 Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract and on whose compliance the participant relies and may regularly rely.
7.3 In the event of a breach of material contractual obligations, the claim for damages shall be limited to the typically foreseeable damage if this was not caused intentionally or through gross negligence, unless it concerns claims for damages arising from injury to life, limb or health.
7.4 Insofar as claims for damages against MedicalMountains GmbH are excluded or limited, this shall also apply to the personal liability of the executive bodies, experts and other employees and vicarious agents of MedicalMountains GmbH.

8 Data protection
8.1 MedicalMountains GmbH collects, processes and utilises personal data insofar as this is necessary for the provision of services and/or for the operation of the website. In the case of orders (e.g. courses, events, publications from the MedicalMountains Shop), data (contact details, retrieval, etc.) are stored and processed electronically.
8.2 When a service or product is ordered, a data record is created for the data subject. Only data that is necessary for processing the service and foreseeable services is stored.
8.3 The data of the participants and/or the contractual partners or their representatives shall be stored electronically and processed automatically by MedicalMountains GmbH exclusively for the purpose of organising the event, unless express consent is given to any other use and/or application of the data specified in the respective consent. The use also includes the forwarding of the data to third parties covered by the authorisation. The data will not be passed on to unauthorised third parties. The data will be deleted after expiry of the statutory periods.
8.4 Data subjects have the right to information (Art. 15 GDPR). If incorrect personal data is processed, you have the right to rectification (Art. 16 GDPR). If the legal requirements are met, you can request the erasure or restriction of processing and object to processing (Art. 17, 18 and 21 GDPR); you may also have the right to data portability (Art. 20 GDPR).
8.5 If image and/or video material is created at events, MedicalMountains GmbH will point this out at the beginning. The image and/or video material created will be used for marketing purposes/press work. Consent can be revoked at any time. MedicalMountains GmbH accepts no responsibility for image and/or video material that has already been published.
8.6 If the press and journalists are invited to publicise an event, the organiser assumes no guarantee that the journalists will accept the invitation and that the event will be reported on. The Organiser also accepts no responsibility for the manner of reporting, the content, completeness, accuracy and timeliness of press publications.
8.7 The sending of (unencrypted) e-mails is provided by an external service provider. This service provider has been carefully selected with regard to data protection. However, despite the greatest care, it cannot be ruled out that messages sent or received by e-mail may be read by third parties.
8.8 Further information can be found in our privacy policy, available at https://www.medicalmountains.de/datenschutzerklaerung.

9 Property rights and copyright
9.1 Work documents, software and other media provided for the purpose of the event are protected by copyright. Reproduction, forwarding or other use of the materials provided – even in extracts – is only permitted with the express written consent of the copyright holder.
9.2 Purchased documentation or documents are intended for the personal use of the purchaser, who receives a simple, non-transferable right of use. By concluding the purchase contract, the participant agrees to the valid licence conditions.

10 Place of jurisdiction, place of fulfilment, applicable law
10.1 If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the legal relationship between MedicalMountains GmbH and the contractual partner shall be the registered office of MedicalMountains GmbH in Stuttgart. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.
10.2 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

11 Consumer dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr/. MedicalMountains GmbH is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. Severability clause
In the event that individual clauses of these GTC are invalid, this shall not affect the validity of the remaining clauses.

Cancellation policy for consumers                                                                                                                  

If you register for one of our events as a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have a right of cancellation in addition to the General Terms and Conditions.

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is 14 days from the day the contract is concluded. In order to exercise your right of cancellation, you must inform us (MedicalMountains GmbH, Katharinenstraße 2, 78532 Tuttlingen, phone 07461 9697210, e-mail info@medicalmountains.de) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of cancellation

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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. If you have requested that the service should begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract.

contract in comparison to the total scope of the services provided for in the contract. Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.

Sample cancellation form
(If you wish to cancel the contract, please complete and return this form).

To the

MedicalMountains GmbH

Katharinenstraße 2 | 78532 Tuttlingen

Fax: 07461 / 969721-9| E-Mail: info@medicalmountains.de

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)

contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/ received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

(*) Delete as appropriate