General Terms and Conditions

I. General Provisions (GP)

GP 1. Scope

These General Terms and Conditions regulate the contractual relationship between the Hasso-Plattner-Institut Academy GmbH (HPI Academy) and its customers. Conditions or general business terms of the customer do not have validity, even if those of the HPI Academy do not contradict them directly.

GP 2. Applicable Law and Jurisdiction

The contractual relationship and all legal relationships arising from it shall be governed exclusively by German law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Insofar as the contractual partner is a business owner or a special fund under public law, the place of jurisdiction is Potsdam.

GP 3. Liability

Damages caused by slight negligence will only be compensated if the violation is that of a fundamental contractual obligation. In cases of a slight negligent breach of a fundamental obligation, liability is limited to the contractually typical and foreseeable damage.

In other cases, HPI Academy shall only be liable in the case of intent or gross negligence or in the case of culpable injury to life, limb or health.

Liability claims for slight negligence shall lapse within one year after their occurrence. This does not apply to culpable injury to life, limb or health.

GP 4. Retention of Title/ Copyright

The HPI Academy reserves the right of unrestricted ownership to/of all deliveries of material in physical form until the complete fulfillment of all payment obligations by the customer.

If the HPI Academy creates copyright-eligible works for the customer (e.g., training materials and presentations), the customer shall only be granted a simple right of use, subject to complete fulfillment of all payment obligations. This entitles the holder to use for his own purposes, unless stated otherwise and agreed upon in contract form. This entitlement does not include the right of reproduction, distribution, processing or making these works publicly available.

The workshop materials distributed or sent out in the scope of the workshop are protected by copyright and may only be translated, reprinted, electronically processed, distributed or published―including excerpts―with the express written consent of the HPI Academy and/or the respective speaker.

GP  5. Subcontractor

The HPI Academy is entitled to the use of third parties in order to fulfill its obligations.

1. Open Formats of the HPI Academy (OF)

To participate in the open formats of the HPI Academy GmbH the following shall apply:

OF 1. Registration

Registration must be made in writing, using the online registration form provided or by email. If the provided online registration form is not used, the name of the participant must be clearly stated as well as the complete company address (i.e., invoicing address) including the telephone number and email address.

The registration first becomes legally binding with our email confirmation. Should the selected workshop already be fully booked by the time of your registration, you will be informed of this immediately.

OF 2. Participation Fee

The participation fee is per person and event date plus statutory VAT. Unless otherwise stated, the participation fee for face-to-face workshops includes attendance at the workshop/program, workshop/program documents, a joint lunch and beverages during breaks per workshop/program day. Accommodation and travel expenses are not included in the price. For online formats, the participation fee includes the visit of the workshop/program as well as the content-related and technical preparation or provision of the Miro boards.

OF 3. Terms of Payment

The participation fee, plus VAT, is due within 30 days of receipt of the invoice; but no later than the first day of the workshop/program. Payments are accepted by bank transfer and credit card payment. Attendance of only part of a workshop/Program does not entitle the participant to a reduction of the participation fee.

OF 4. Cancellation of Workshops/Programs

OF 4 a) Substitute Participant

The rebooking of a substitute participant in place of the registered participant is possible at any time and free of charge. The substitute must possess equivalent qualifications. The HPI Academy reserves the right to reject any applicant who may not be sufficiently qualified.

OF 4. Cancellation of Workshops/Programs by the HPI Academy or Participant

OF 4 a) Substitute Participant

The rebooking of a substitute participant in place of the registered participant is possible at any time and free of charge. The substitute must possess equivalent qualifications. The HPI Academy reserves the right to reject any applicant who may not be sufficiently qualified.

OF 4 b) Cancellation by the Participant

You can rebook all* Face-to-face events booked with us up to and including December 2022 to another date free of charge up to 3 days before the event begins.

For our open formats the cancellation periods below apply.

• Cancellation from 21 days before the first day of the workshop 25% of the participation fee,
• Cancellation from 14 days before the first day of the workshop : 50% of the participation fee
• Cancellation from 7 days before the first day of the workshop : 100% of the participation fee
• Cancellations must be made in writing.

In the event of cancellation of the “HPI Certification Program for Design Thinking Coaches” the following conditions apply:

• Cancellation from 28 days before the first day of the workshop: 50% of the participation fee
• Cancellation from 14 days before the first day of the workshop: 100% of the participation fee
• Cancellations must be made in writing.

OF 4 c) Cancellation of Workshops/Programs by the HPI Academy

The HPI Academy reserves the right to cancel the workshops/programs up to seven days before its scheduled start if the minimum number of participants is not reached, or if a compelling reason arises for which the HPI Academy is not responsible (e.g., sudden illness of the speaker, when the speaker cannot be replaced, force majeure). In this case, any previously paid participation fees shall be refunded in full. Further liability and compensation claims are excluded, except in the case of malicious intent or gross negligence.

The minimum number of participants for the workshops/programs is 10 people.

The workshops/programs  also have a maximum number of 30 participants.

The HPI Academy reserves the right to cancel the “Certification Program for Design Thinking Coaches” up to 3 weeks before its scheduled start if the minimum number of participants (20 people) is not reached, or if a compelling reason arises for which the HPI Academy GmbH is not responsible (e.g., sudden illness of the speaker, when the speaker cannot be replaced, force majeure). In this case, any previously paid participation fees shall be refunded in full. Further liability and compensation claims are excluded, except in the case of malicious intent or gross negligence.

Participants are asked to take this into account when booking hotels, flights or rail travel.

OF 5. Modification Agreement

The HPI Academy is entitled to make any necessary changes before or during a workshop/program affecting content, methodology or organization, insofar as these do not significantly change the benefits of the specific workshop/program for the participants.

The HPI Academy is entitled to replace the original speaker with a substitute speaker if necessary (e.g., in case of illness or accident) who is equally qualified with regard to the specific topic.

OF 6. Liability for Contents and Lost Items

The workshops/programs are prepared by the HPI Academy  and its speakers to the best of their knowledge and ability. The HPI Academyaccepts no liability or guarantee for the correctness, topicality, completeness, and quality of their contents.

The HPI Academy also bears no liability for the loss or damage of items brought to the premises, unless the loss or damage of these items arises from the gross negligence or willful conduct on the part of the HPI Academy.

OF 7. Prohibition of Customer-Side Data Carriers

Principally, data carriers brought in by participants may not be uploaded to the computers of the HPI Academy. In the case of any damages arising as a result of an infringement, HPI Academy reserves the right to assert claims for damages.

Participants confirm that they/their employer are not named on a US trade sanctions list. If after being booked he/she or his/her employer becomes a “sanctioned entity” in the sense of these lists, the participant is obliged to inform the HPI Academy immediately in writing.

If Stanford prohibits participation in the program due to a violation of these requirements, the participation fee will not be refunded.

III. Formats for Organization (FO) (e.g., in-house workshops, consulting, moderation, coaching)

FO 1. Remuneration

The amount of remuneration and the reimbursement of out-of-pocket expenses are agreed upon in the contract.

Quoted prices do not include statutory VAT and subject to the costs of travel and accommodation of coaches at workshops held outside of Berlin or Potsdam. Workshops that do not take place at HPI in Potsdam are held in premises provided by the customer. The premises shall be equipped with materials as required by the Design Thinking methodology. A material list will be provided in advance by the HPI Academy upon request.

FO 2. Cancellation of Workshops

If a workshop is cancelled from four weeks prior to the start of the scheduled date, 50% of the total price will be charged. If cancellation occurs from two weeks prior to the scheduled date, 100% of the total price will be charged. Travel expenses incurred for journeys booked in vain (train, flight, hotel) will also to be refunded against proof that cancellation occurred at least two weeks before the date of the scheduled workshop.

FO 3. Travel Expenses

Travel expenses are considered all expenses directly arising from a business trip. These include travel costs, overnight accommodations as well as proven or credible additional costs. Travel expenses are calculated as follows: flight costs (economy class), rail costs (2nd class), rental car/taxi costs; overnight accommodations and other travel expenses are calculated against an invoice.

17.03.2022