General Terms and Conditions of PMC Rail International Academy GmbH

General Terms and Conditions of PMC Rail International Academy GmbH
for the provision of training services

(last revised 14 February 2017)

The following Terms and Conditions shall exclusively apply to services rendered by PMC Rail unless other agreements have been made with the customer in writing. Deviating General Terms and Conditions of the customer shall only become part of the contract where they have been expressly confirmed by PMC Rail in writing. 

1 Conclusion of the Contract

Subject matter of the contract shall be the services described in PMC Rail’s respective offer. Individual services must be agreed in writing. The contract comes into force upon the registration confirmation issued by PMC Rail.

If the participant is a consumer, he/she can withdraw from his/her registration in writing or electronically within 14 days of conclusion of the contract and must return any training material already received, if any, and if it cost more than EUR 40, to PMC Rail at his/her own cost.

2 Rights of PMC Rail

PMC Rail may change contents, the place and time of seminars/events, provided that this does not adversely affect the overall character of the respective training. In addition, PMC Rail is entitled to cancel events for important reason without observing a period of notice. In this case PMC Rail will offer substitute dates, if possible. If this is not possible, PMC Rail will reimburse any training fee already paid. Subject to clauses 6 and 7, a cancellation entitles to no further claims of damages.

PMC Rail is entitled to exercise its right as proprietor. The participants must comply with the instructions of the training personnel when entering the rail tracks and using the simulators. The stipulated safety measures must be complied with.

PMC Rail is entitled to assign the performance of services to qualified third parties.

3 Changes; Cancellation; Rescission; Termination

If the customer requests changes to the agreed training, such changes must be agreed in writing. If a participant cancels his/her attendance at the training, it is possible to nominate a substitute participant until the beginning of the seminar. Such substitute participant must both fulfil the requirements of the respective training course and present his/her own binding registration. No additional fees will incur.

The customer may rescind the contract free of charge by written statement up to four weeks prior to the beginning of the event. In the case of rescission up to two weeks prior to the event a fee of 30% of the contractual price will incur. The full contractual price will be charged for any rescission at a later point in time. The full event price will be charged if the participant does not show up at the seminar/event without prior cancellation. The time at which the written rescission notice is received by PMC Rail shall be decisive.

If the participant is a consumer and he/she withdraws from or rescinds the contract in writing or electronically within 14 days of conclusion of the contract, sentence 2 and sentence 3 of the above paragraph shall not apply. In this case clause 1, paragraph 2 shall apply.

Either party is entitled to terminate the contract for important reason (cause). Important reason for PMC Rail includes continuous disturbance of the training course by a participant despite several warnings, insufficient attendance of training courses, if he/she damages property of PMC Rail or if further attendance cannot reasonably be required by other participants and employees of PMC Rail because of other reasons.

4 Prices; Terms of Payment; Set-off

The prices stated in the offer shall apply (expressed in Euro plus VAT). The prices include use of the technical facilities which are required for the training. Travel expenses, accommodation costs and meals are not included in the price. In the case that PMC Rail will pay for board and lodging, the prices will be fixed separately. Partial attendance of events will not reduce the price.

The registration fee must be paid up to 10 days prior to the beginning of the event, in the case of multiple events prior to the beginning of the first part of the event. In the case of registrations within 10 days prior to the beginning of the course or in the case of registrations after the beginning of the course, the fees must be paid immediately.

The fees shall be transferred to the bank account stated on the invoices without any deduction.  If the participant fails to pay his/her fees in time, he/she will not be allowed to attend the training.

5 Proprietary Rights; Rights of Use; Copyrights;

All documents that have been handed out are protected by copyright and are the exclusive property of PMC Rail GmbH or of other holders of the respective copyrights. This shall include but not be limited to data files that were transmitted online or on data carriers.

The customer/participant shall be granted an unlimited, irrevocable, non-transferable and non-exclusive right of use to the documents and data files handed over under the contract for his/her own purposes on his/her own premises.  No training material, be it in whole or in part, may be reproduced, processed, modified or made available to third parties without PMC Rail’s express and written consent. Copyright notices, brand names or trademarks must not be removed.

6 Liability

Unless otherwise specified below, liability shall be governed by statutory regulations.

PMC Rail expressly points out that the subject matter of the contract is to train participants and not to procure a specific success.

The customer’s/participant’s claims for damages, irrespective of the legal ground, especially with regard to the violation of obligations under the contractual relationship or resulting from unauthorised acts shall be excluded.

PMC Rail is not liable for accidents caused by carelessness on part of the participant himself/herself or of other participants or loss or theft of material and valuables brought along to the courses. The aforementioned provision shall not apply to damage caused by training personnel or employees of PMC Rail.

The limitation of liability shall not apply in the case of statutory liability, i.e. in the case of liability under the Product Liability Act, intention or gross negligence, bodily injury or the violation of material contractual obligations. Claims for damages due to slightly negligent violation of material contractual obligations shall, however, be limited to typical contractual foreseeable damage.

7 Statute of Limitation

All claims of the customer shall be time-barred after 12 months. Statutory regulations shall apply to claims for damages.

8 Other Provisions

If any of the provisions of this contract, be it in whole or in part, are invalid or incomplete, the validity of the contract in all other respects shall remain unaffected.

Any modification of or amendment to this contract must be made in writing. Oral side agreements have not been made.

The contractual relations of the parties shall be governed by German law. The place of jurisdiction for all disputes arising out of this contract shall be Bingen am Rhein. Businesses with consumers shall be subject to the statutory place of jurisdiction.