Terms and Conditions – Photo Courses & Photo Holidays
Berlin School of Photography – Photo Course and Tours
1. Scope of Application
1.1. The following T&C apply to all services provided by the Berlin School of Photography (hereinafter referred to as BSP) to the consumers and companies (hereinafter called customers) and all resultant contracts between the BSP and its customers (hereinafter referred to as contractors). Consumers are legally defined by § 13 BGB (German Civil Law Code), entrepreneurs by § 14 BGB.
1.2. The company offers photo seminars. The fulfillment of granted and accepted orders is carried out by the BSP in its own name and on its own account. Anyone who registers for any of the BSP´s photo seminar offers accepts these terms and conditions.
1.3. It is only possible to book a particular teacher for an event if individually agreed.
1.4 Individual agreements that differ from these terms and conditions are authoritative and take precedence.
1.5. Company is the Berlin School of Photography, located at Torstrasse 170, 10115 Berlin in Germany
1.6. The contract language can be chosen between German or English.
2. Formation of Contract
2.1. The company provides customers an online booking form along with downloadable Terms & Conditions and a privacy statement. The seminars advertised on the website of the BSP are not binding offers, but an invitation to the customers to enroll to the seminars offered.By making his/her request including the T&C the customer sends a binding offer to conclude a contract with the BSP and hence recognizes these terms as relevant. (If an initial confirmation is sent: the BSP will acknowledge the reception of the customers request by sending a confirmation email. The confirmation email does not imply the acceptance of the request. It is only a signal that the request has been received by BSP.) The contract is concluded ( the order is accepted) as soon as the BSP sends an acceptance email without further changes to the customer, but no later as soon as the BSP starts providing its services.
2.2. The registration for a course of the Berlin School of Photography is ensued by clicking the send-button after having registered. After sending the registration-email to Berlin School of Photography the applicant will receive a confirmation email that the registration form was duly received by BSP.
2.3. Applications may be sent via the booking form on the Website.
2.4. A registration by telephone is also possible. The customer will receive upon request a binding offer of BSP including price data, payment method and the T&C. Once the customer confirms the request by sending an email the contract is concluded. If the customer agrees too late, which means not in a short period of time, his confirmation will be seen as a new request.
2.5 After conclusion the contract will be filed by the BSP in accordance to the applicable data protection regulations. If the contract is concluded the customer receives an electronic copy; also the customer can receive a copy later upon request.
3.1 The customer can revocate a contract request within 14 days in written form, via letter, fax or email, without having to explain a reason for the cancellation. The time limit starts to run once the written notice of revocation has been received, but not prior to conclusion of the contract nor before BSP has fulfilled its obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code (“EGBGB”) as well as our duties under § 312e (1) sentence 1 of the BGB in conjunction with Article 246 § 3 EGBGB.
3.2 The right of withdrawal applies only to consumers as stated under Article 1.1. of these T&C.
3.3 To safeguard the cancellation period it is sufficient to send the cancellation notification in time (14 days). The cancellation note must be addressed to:
Berlin School of Photography
Owner Bettina von Kameke
Phone: +49 30 89645521
Email: [email protected]
3.4. The reimbursement of payments must be made within 30 days. The period begins upon receipt of the cancellation by BSP. Refunding will be usually done via return remittance.
3.5. The right of cancellation expires prematurely if the contract is fulfilled by the expressed will of the customer before the costumer having exercised his right of cancellation.
4. Prices, Terms of Payment and Maturity
4.1 The participation fee is due upon the conclusion of the contract.
4.2 The prices quoted on BSP´s Website for enrolling to BSP´s seminars are those which are valid (quoted on website) during the time of the enrollment process. The prices are final and include VAT.
4.3 Payments can be made by bank transfer or PayPal. The seminar fee will be recovered by one-off direct debiting of the customer´s account.
5. Withdrawal by BSP
5.1 The BSP may withdraw from contract if the economically essential number of participants for BSP photoseminars is not reached. Usually a number of at least three participants is necessary for any seminar. If the economically necessary number of participants is not reached BSP informs the customer as early as possible. In this case already paid registration fees will be fully reimbursed. Reimbursement will be made by remittance.
5.2 Further claims of the participants towards the BSP do not exist. BSP is not responsible nor will it reimburse such costs which for example may be incurred by travel, lodging or absence from work. BSP is not liable for indirect damages, especially lost profits or third-party-claims.
5.3. The BSP reserves the right to move events in time and space. The customer can choose in this matter between a change to an alternative date or a full refund of already paid event fees.
6. Cancellation by Customer
6.1. The customer may cancel the contract/registration no later than two weeks before the event/seminar takes place without having to give any reason for his/her cancellation. The withdrawal must be done in written form (eg by letter or email). The date of the receipt of the cancellation note is essential for safeguarding the deadline. Payments already made will be fully refunded in this case.
6.2. If the cancellation note is received in less than 14 calender days prior to the event/seminar 25 % of the participation fee will be deducted as handling charges. The already paid participation fee will be reimbursed after deduction of the administrative costs mentioned above.
6.3. If the customer does not participate or comes only occasionally to the event/seminar he remains obliged to pay the full participation fee.
6.4 It is possible for the customer to send a substitute if the BSP has given its written consent before the event /seminar has taken place.
The Company can terminate the contract without notice with cause if the customer despite prior warning violates house rules of the respective venues or disrupts the continuation of an event continuously and therefore the continuation of the event is unreasonable. In case of a termination without notice no costs/fee will be reimbursed by BSP.
8. Additional Agreements
Any changes, amendments or repeals to the terms and conditions are only valid if made in writing.
All content of the company (BSP), such as teaching materials, handouts, websites, quotations, images, videos and photos are subject to copyright protection. Any violation such as copying or sharing is prohibited and will be prosecuted.
The BSP is only liable for an intent or gross negligent breach of contract duties and resultant damages, but only to the amount of the contract typical and foreseeable damage. This applies also to any legal representatives or employees of BSP, if the customer asserts claims against those. The limitation of liability in case of gross or intent negligence does not apply to essential breaches/violations of contractual duties. Essential contractual duties are obligations which make the fulfillment of the contract possible and their compliance is a subject to trust of the customer and the company. Furthermore liability is excluded.
Damage claims against the BSP expire within 12 months after their formation. The above reduction of the period of limitation does not apply to claims by the customer due to injury of life, body or health or damages based on breach of contract.
If liability of the BSP is excluded it also applies to companies associated with BSP and furthermore to the personal liability of the staff, employees, representatives, partners and agents of the operator and companies associated to the operator.
11. Choice of Law, General Terms from customers
In addition to individual agreements and the T&C applies German law as long as no other mandatory legislation on consumer protection of the consumers habitual country or CISG is relevant.
12. Place of Performance & Jurisdiction, Severability Clause
12.1. Place of Performance is Berlin
12.2 For any controversy or claims against BSP the competent court is the court of Berlin. The competent court for any controversy which may derive from the agreement between the customer and BSP is also Berlin – due to the company´s location – as long as the customer is a trader, a legal entity under public law or special fund under public law.
12.3 If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of the German Federal Republic , then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
12.4 These Terms and Conditions are translated into English. In case of semantic shift the German Text of the Terms and Conditions remain authoritative.
T&Cs Photography Holidays
1. Conclusion of the contract
By submitting a booking request you make a binding offer to conclude a contract. Registration can only be done in written form. The notifying person assumes the contractual obligations of all participants registered. With the written transmission of the confirmation of acceptance by us, the contract is concluded.
2. Services and Prices
The services listed on the confirmation of acceptance or on the current website of the respective travel booking are binding. Changes and deviations of individual travel services from the agreed content of the contract are permissible if they are necessary after conclusion of the contract and caused by us, but only insofar as these changes are not significant and do not affect the overall layout of the trip. The organizer is entitled to change the price of the tour within the legally permissible limits, if it takes into account an increase in transport costs, official charges such as the airport or the exchange rates applicable for the trip. A change of the travel price is only possible to the extent that after the conclusion of the contract changed cost factors affect the travel price. We will inform you about such a price change without delay, but no later than 3 weeks before departure. With a travel price increase of more than 5% or a substantial change of a substantial travel service you are entitled to withdraw from the contract.
Upon receipt of our travel confirmation a deposit of 50% of the travel price is due. The full amount is due up to 27 days before departure. The corresponding travel documents will be sent to you approximately 3 weeks before departure.
4. Resignation by the customer
You can withdraw from the travel contract until the beginning of the journey by notifying us in writing. The cancellation of your holiday comes into effect upon receipt of the written notification from you and the following cancellation charges will be due: • In case of cancellation up to 30 days before departure, you will receive 70% of the purchase price paid back • In case of cancellation up to 30 days before departure, you will receive 70% of the purchase price paid back • If you cancel your journey from the 29th to the 22nd day before the start of your journey, you will receive 60% • In case of cancellation up to 30 days before departure, you will receive 70% of the purchase price paid back • If you cancel your journey from the 29th to the 22nd day before the start of your journey, you will receive 60% of the purchase price paid back • If you cancel your trip from the 21st to the 15th day before the start of your journey, you will receive back 40% of the purchase price paid • If you cancel your journey from the 14th to the 7th day before the start of your journey, you will receive 20% of the purchase price paid back • If you cancel your trip from the 6th to the 1st day before the start of your journey, you will receive 10% of the purchase price paid back • In the event of the cancellation of the customer on the day of travel or if the trip does not begin, you will not receive any refund and the organizer will retain 100% of the travel price as compensation. The conclusion of a cancellation insurance is recommended. If you decide after the conclusion of the travel contract to provide a suitable substitute, we have to charge a fee of EUR 50, – per person for the extra work.
5. Resignation by the organizer
If the advertised minimum number of participants has not been reached, we reserve the right to withdraw from the travel contract until 4 weeks before the start of the journey. In this case, the traveler receives back the entire travel price. If the traveler does not meet the previously announced special travel requirements or despite a warning by the organizer or a service provider significantly disturbs the performance of the trip or acts grossly contrary to the contract, the organizer has the right to terminate the participant without notice. The organizer remains entitled to the travel price. Any expenses saved will be credited to the participant.
6. Force majeure
If the journey is made considerably more difficult, endangered or impaired by force majeure, which was unforeseeable upon conclusion of the contract, both the participant and the organizer may terminate the travel contract. The traveler must address his cancellation to the organizer. The organizer shall declare the termination without delay after having gained knowledge of the reasons which entitle the holder to give notice of termination due to force majeure. The organizer is obliged to take the necessary measures to bring the traveler back. The additional costs must be borne by the traveler.
7. Liability of the organizer
The organizer is liable under the duty of care for: • the conscientious preparation of the journey. • the careful selection and monitoring of the service providers • the correctness of the service descriptions. • the proper provision of the contractually agreed travel services, provided that the organizer himself provides the service. If the organizer is merely a mediator of external services, he is only liable for the proper mediation of the service, not for the service itself. The contractual liability of the organizer for damages, that are not personal injury, is limited to three times the travel price, as far as a damage of the traveler either intentional or grossly negligent caused or for a, the traveler resulting damage alone due to a fault of a service provider. If, for a service to be provided by a service provider, international agreements or statutory provisions based on which a claim for damages can only be asserted under certain conditions or restrictions or is excluded under certain conditions, the organizer may appeal to the travel participant. The organizer is not liable for defects in the carriage by plane, cancellations, rebookings, delays, accidents and other defects in the carriage, such as loss, damage or delay in the delivery of baggage.
8. Obligation of the traveler to cooperate
Complaints regarding the contractually agreed services must be reported immediately to the tour guide on site so that immediate remedial action can be taken, if possible. If the traveler fails to report a defect, no entitlement to reduction or compensation for damages arises.
9. Entry, passport and health regulations
The traveler is responsible for compliance with passport, visa, customs, foreign exchange and health regulations. Any disadvantages arising from non-compliance with these regulations shall be borne by the traveler, unless they are caused by gross culpable behavior of the organizer. The organizer is not liable for the timely issue and access of necessary visas by the respective diplomatic representations, if the traveler has commissioned the organizer with the procurement, unless the organizer has caused the delay by gross negligence. All disadvantages, in particular cancellation costs, which result from non-compliance with these regulations, are at the expense of the traveler.
The ineffectiveness of individual provisions of the travel contract, as well as the present travel conditions does not result in the ineffectiveness of the entire travel contract. All personal data provided to us are protected against misuse according to the Federal Data Protection Act. The traveller can sue the tour operator only at its registered office. For complaints against the traveler, the domicile of the traveler is decisive, unless the action is directed against registered traders or persons who have no general jurisdiction in Germany or after the conclusion of the contract have their residence or habitual residence abroad or their domicile is unknown at the time of filing the action. In these cases, the residence of the tour operator is authoritative.