General Terms and Conditions for Schott Acting Studio
Section 1 – Scope
(1) These General Terms and Conditions apply to all contracts between ourselves:
Schott Acting Studio
CEO: Matthias Schott
(Name of court of registration and registration number, HRB (commercial register B) number, VAT ID no.: DE248398579)
Tel: +49 (0)173/616 50 88
and you, our Customers. The General Terms and Conditions apply irrespective of whether you are a consumer or an entrepreneur.
- For the purposes of these General Terms and Conditions, the term “consumer” refers to individuals with whom business relationships are entered into and to whom no commercial, independent or freelance business activity can be linked.
- For the purposes of these General Terms and Conditions, the term “entrepreneur” refers to individuals, legal entities or legal partnerships with whom business relationships are entered into and who are acting as a commercial or independent business when entering into said business relationships.
(2) All the agreements entered into between you and us in the context of the Contract are specifically the result of these terms and conditions of sale, our written order confirmation and our declaration of acceptance.
(3) All such agreements shall be governed by the version of the General Terms and Conditions that is valid when the respective Contract is signed.
(4) We do not accept any conditions proposed by the customer that deviate from the General Terms and Conditions, even if the incorporation of said deviating conditions is not expressly refused.
Section 2 – Seminar categories
Schott Acting Studio offers the following seminars:
Category A: Coaches from Berlin
Foundation courses, training classes, Susan Batson training with Matthias Schott
Seminar with Lena Lessing
Category B: Coaches form London and New York
Workshops with Ken Rea, James Kemp, Sheila Gray, Paul Miller, Seamus McNally
Category C: Coaches from Los Angeles
Workshops with Sandra Seacat, Greta Seacat, Ron Burrus, Dee Cannon
Section 3 – Conclusion of the Contract
(1) The depiction of the seminars (services) in our booking system does not constitute a legally binding quotation; this information is intended merely as an incentive to place an order. You can select seminars (services) to book in our booking system. By placing an order in our booking system by clicking the “Seminar/e kostenpflichtig bestellen” (“Place binding order”) button, you are submitting a legally binding order. The application can only be submitted and transmitted to us if you accept these contractual conditions by checking the box marked “Mit deiner Bestellung erklärst du dich mit unseren Allgemeinen Geschäftsbedingungen und Widerrufsbestimmungen einverstanden” (“By placing this order, you agree to our General Terms and Conditions and Conditions of Cancellation”), thus incorporating them into your application. You can view and change the data at any time prior to sending off your order. You will be legally bound to your order for a period of 5 days following its submission; this does not affect your right to cancel your order in accordance with Section 3, where applicable.
(2) We will send you an e-mail without delay to confirm receipt of the order you have placed via our booking system. Such e-mails will not contain legally binding acceptance of your order unless said acceptance is explicitly declared in addition to the confirmation of receipt.
(3) No contract will come into force until we have issued a statement of acceptance in a separate e-mail (booking confirmation).
(4) If it is not possible for you to book a place on the seminar you have selected, for example if the maximum number of participants has already been reached, we will not issue a statement of acceptance for your order. In such cases, no contract will be entered into.
Section 4 – Right of cancellation
As a consumer, you are entitled to cancel your order in accordance with the following provision. In this context, the term “consumer” refers to any individual who enters into a legal transaction for purposes that cannot be linked to any commercial or independent business activities on the part of said individual.
Right of cancellation
You can cancel your contract declaration in text form (e.g. by letter, fax or e-mail) within 14 days without stating your grounds for doing so. The cancellation period shall be fourteen days, starting from the day on which the Contract is signed.
The date on which the notice of cancellation is sent shall be used to define whether or not the notice of cancellation has been provided within the cancellation period.
In order to exercise your right of cancellation, you must contact us at:
Schott Acting Studio, CEO Matthias Schott, Brunnenstr. 151, 10115 Berlin, Germany. E-mail: email@example.com
and provide us with a clear statement (e.g. a letter, fax or e-mail) informing us of your decision to cancel this Contract. You may use the enclosed cancellation form to cancel your Contract, though this is not mandatory.
The cancellation period shall be deemed to have been honoured if you send notice that you will be exercising your right of cancellation to us before the cancellation period expires.
Consequences of cancellation
If you cancel this Contract, we must repay without delay and within fourteen days following receipt of your notice of cancellation all the payments we have received from you, including delivery costs (with the exception of any additional costs resulting from you choosing a form of delivery other than the cheapest, standard type of delivery offered by us). Unless expressly agreed otherwise with you, we shall carry out this repayment using the same form of payment as used by you for the original transaction; under no circumstances shall we charge you a fee for this repayment.
If you have requested that we commence supplying you with the service during the cancellation period, you must pay us a suitable sum that covers the services provided up until the point at which you notified us that you would be exercising your right of cancellation with regard to this Contract, calculated as a portion of the total scope of services detailed in the Contract.
Exclusion of the right of cancellation
The right of cancellation does not apply to Contracts governing the supply of goods that are manufactured to customer specifications, are unambiguously tailored to the respective customer’s personal needs or, due to their nature, are not suitable for return, may spoil quickly or have exceeded their best-before date. Furthermore, the right of cancellation does not apply to the supply of audio or video recordings or of software, providing the seal on the supplied data media has been broken by you, nor to the supply of newspapers, magazines or periodicals, unless your declaration of contract has been provided via telephone. The right of cancellation shall also be nullified if we have provided the respective service in full and you provided your consent for us to commence provision of the service prior to the expiry of the cancellation period.
Sample cancellation form.pdf
Section 5 – Prices and terms of payment
(1) All the prices listed in our booking system are gross prices inclusive of the legally applicable value-added tax.
(2) The seminar fee is payable upon receipt of the invoice. The invoice shall be issued together with the booking confirmation. Payments must be made to the event organiser’s bank account specified in the invoice. The respective invoice number must be specified with each payment. Payments must be transferred without deductions to the account specified in the respective invoice.
(3) Payment in instalments is available for all seminars, subject to separate agreement. To make such an arrangement, please contact Matthias Schott, Brunnenstr. 151, 10115 Berlin, Germany. E-mail: firstname.lastname@example.org
Section 6 – Withdrawal
(1) You can transfer your right of participation to a substitute participant nominated by you, at any time and for any event.
(2) You can change your booking to another event at any time. Please notify us of any such changes in writing; text form is sufficient for this purpose. Changes to existing bookings are subject to the following processing fees:
- Booking changes made up to 4 weeks before the start of the event: free of charge
- Booking changes made 4-2 weeks before the start of the event: 50 EUR (incl. VAT)
iii. Booking changes 2 weeks or less before the start of the event: 107 EUR (incl. VAT)
(3) You can withdraw from the Contract at any time. However, notification of withdrawal must be provided in writing; text form is sufficient for this purpose. Please note that the following cancellation fees apply:
i. Category A: If notification of withdrawal is provided on the 15th day before the seminar start date at the latest, the price of the seminar will be refunded in full. Beyond this date and up until the 3rd day before the seminar start date, 50% of the price will be charged upon withdrawal. If notification of withdrawal is provided any later than the 3rd day before the seminar start date, the Customer will be charged for the full price of the seminar.
ii. Category B: If notification of withdrawal is provided on the 35th day before the seminar start date at the latest, the price of the seminar will be refunded in full. Beyond this date and up until the 5th day before the seminar start date, 50% of the price will be charged upon withdrawal. If notification of withdrawal is provided any later than the 5th day before the seminar start date, the Customer will be charged for the full price of the seminar.
iii. Category C: If notification of withdrawal is provided on the 35th day before the seminar start date at the latest, the price of the seminar will be refunded in full. Beyond this date and up until the 5th day before the seminar start date, 50% of the price will be charged upon withdrawal. If notification of withdrawal is provided any later than the 5th day before the seminar start date, the Customer will be charged for the full price of the seminar.
(4) Notice of withdrawal must be addressed to:
Matthias Schott, Brunnenstr. 151, 10115 Berlin, Germany. E-mail: email@example.com
Section 6 – Cancellation of seminars
We reserve the right to cancel or reschedule seminars for important reasons (e.g. for organisational reasons or due to speaker unavailability/illness). If a seminar is cancelled by us, we will refund in full all seminar fees that have already been paid. If the date of a seminar is rescheduled by Schott Acting Studios and the Customer is no longer able to participate in said seminar as a result, the Customer’s seminar fee will be refunded.
Section 7 – Warranty
The legal regulations pertaining to liability for defects apply.
Section 8 – Liability
(1) We accept unlimited liability in case of damage to life, limb or health, in all cases of intent or gross negligence, in case of malicious non-disclosure of a defect, in case of assumption of a guarantee, in case of violations of the German Product Liability Act (Produkthaftungsgesetz) in its regulated scope, and in all other cases where liability is prescribed by law.
(2) In cases of ordinary negligence, our liability shall be limited to foreseeable damage typical to the Contract in the event of a violation of a cardinal contractual obligation and, in the event of a violation of a non-cardinal contractual obligation, excluded entirely.
(3) With the technology currently available, it is not possible to ensure that data communication via the Internet is entirely free of errors or available at all times. We accept no liability for ensuring that this method of communication is always available and free of errors.
Section 9 – Copyright, service rights and industrial property rights
In cases where we own the respective rights or have acquired the respective rights of use, we reserve all rights to the sales and marketing materials, product descriptions, photographs, recordings (both film and photograph) made during workshops, and all other materials and content used by us, both online and offline. It is prohibited to use these images, video materials and texts without our express permission.
It is prohibited to reproduce seminar documentation or parts thereof, or to make said information publicly available, without the consent of Schott Acting Studio.
Any application materials (show reels and application photos) provided to the Customer to be used freely, or that have been produced specially for the Customer, may be used without the permission of Schott Acting Studio.
Section 10 – Saving of personal data
Section 11 – Applicable law, court of jurisdiction
(1) The entirety of our legal relationship with our customers is governed by the law of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods is excluded. For consumers, this choice of law only applies to the extent that it does not detract from the inalienable legal provisions of the state in which the consumer is usually domiciled.
(2) Insofar as is legally admissible, the sole court of jurisdiction for all mutual claims arising from a business relationship with entrepreneurs shall be Berlin. For claims arising from a business relationship with consumers, the legal provisions regarding the court of jurisdiction apply.
Section 12 – Information in accordance with Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG)
In accordance with Section 36, Para. 1 (1) of the VSBG, we hereby inform our consumers that we are neither obliged nor willing to take part in dispute resolution procedures before a consumer conciliation body.