GTC

I. General Regulations

1. Scope of Application

These General Terms and Conditions regulate the contractual relationship between the Hasso-Plattner-Institut für Digital Engineering gGmbH (hereinafter: HPI) and its clients. General terms and conditions of the clients do not apply, even if HPI does not explicitly object to them.

2. Applicable Law and Place of Jurisdiction

The contractual relationship and all legal relations resulting from it are exclusively subject to German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the contractual partner is a merchant or a special fund under public law, the place of jurisdiction is Potsdam.

3. Liability

HPI will be liable for damages caused by slight negligence only if it is in violation of an essential obligation. In cases of a slightly negligent breach of an essential duty, its liability is limited to the foreseeable damage that is typical for the contract.

Otherwise, HPI is only liable in cases of intent or gross negligence or in cases of culpable injury to life, body or health.

Liability claims due to slight negligence expire one year after their occurrence. This does not apply in the case of culpable injury to life, body or health.

4. Reservation of Proprietary Rights / Copyright

If HPI delivers materials in physical form, it retains unrestricted ownership until the client has completely fulfilled all payment obligations.

If HPI creates copyrightable works (e.g. training materials and presentations) for the client, the client is granted only a simple right of use for their own purposes. This right is subject to the complete fulfillment of all payment obligations, unless otherwise agreed contractually, and does not include rights of reproduction, distribution, processing, or accessibility.

The workshop documents handed out or sent within the context of workshops are subject to copyright protection and may only be reproduced, translated, reprinted, electronically processed, distributed or published – even in excerpts – with the express written consent of HPI and/or the respective speakers.

5. Subcontractors

HPI may use third parties to fulfill its obligations.

II. HPI Open Formats

The following applies to participation in HPI open formats:

1. Registration

Registration must be made in writing using the prepared online registration forms or by e-mail. If the prepared online registration forms are not used, it is mandatory to provide the name of the participant and the complete company address or billing address with telephone number and e-mail address.

The registration becomes legally binding only after our confirmation by e-mail. If the event is already fully booked, we will inform you immediately.

2. Participation Fee

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

3. Terms of Payment

The participation fee plus VAT is due within 30 days of receipt of the invoice; however, it must be paid by the first day of the workshop/program at the latest. Payments are accepted by bank transfer and credit card. Only partial attendance of the workshop/program does not entitle the attendee to receive a reduction of the participation fee.

4. Cancellation and Withdrawal of Events by HPI or Participants

a) Substitution

Participants may name a substitute at any time instead of the registered person without additional costs. The substitute must have equivalent qualifications. HPI reserves the right to reject persons who are not sufficiently qualified.

b) Cancellation by Participants

For our open formats, the regular cancellation conditions listed here apply:

From 21 days before the start of the event: 25% of the participation fee.

From 14 days before the start of the event: 50% of the participation fee.

From 7 days before the start of the event: 100% of the participation fee.

Cancellations must be made in writing.

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

From 28 days before the start of the event: 50% of the participation fee.

From 14 days before the start of the event: 100% of the participation fee.

Cancellations must be made in writing.

c) Cancellation of Events by HPI

In case of cancellation of workshops/programs by HPI, the following conditions apply:

HPI reserves the right to cancel workshops/programs no later than seven days prior to the scheduled workshop date/program start date due to failure to reach a minimum number of participants or for important reasons beyond HPI’s control (e.g. sudden illness of the speaker if they cannot be replaced, force majeure).

The minimum number of participants for workshops/programs is 10. For classroom events in Potsdam, the maximum number of participants is 30.

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

HPI reserves the right to cancel the workshop/program no later than 3 weeks before the scheduled workshop date/program start due to failure to reach the minimum number of 20 participants or for important reasons beyond HPI’s control (e.g. sudden illness of the speaker if they cannot be replaced, force majeure).

In this case, participation fees already paid will be refunded as a matter of course.

Further liability and compensation claims are excluded, unless there is intent or gross negligence. Participants should bear this in mind when booking hotels, flights or rail travel.

5. Reservation of Right to Make Changes

HPI is entitled to make changes to content, methodology and organization before or during a workshop/program, provided these do not significantly change the benefits of the announced workshop/program for the participants.

HPI is entitled to replace the scheduled speakers in case of need (e.g. illness, accident) with other persons who are equally qualified with regard to the announced topic.

6. Liability for Contents and Lost Items

The workshops/programs are prepared by HPI and its speakers to the best of their knowledge. Liability and guarantee for the correctness, topicality, completeness and quality of the contents are excluded.

HPI is also not liable for loss of or damage to items brought along, unless the loss or damage to these items is due to gross negligence or intentional conduct on the part of HPI.

7. Restriction on Customer-Supplied Data Carriers

Data carriers brought in by participants may generally not be uploaded onto HPI computers. Should any damage occur due to a violation of this rule, HPI reserves the right to claim damages.

III. Formats for Organizations (e.g. in-house workshops, consultation, moderation, coaching)

1. Remuneration

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

Prices quoted do not include statutory VAT or travel and accommodation expenses of the coach(es) for workshops that do not take place in Berlin or Potsdam. The workshops that do not take place at the Hasso Plattner Institute in Potsdam will be held at premises provided by the customer. The premises should be equipped with material according to Design Thinking requirements. A list of materials will be provided by HPI in advance upon request.

2. Cancellation of Workshops

If a workshop is cancelled four weeks or more before the agreed date, 50% of the total price will be charged. If a workshop is cancelled two weeks or more before the agreed date, 100% of the total price will be charged. Costs for travel booked in vain (train, flight, hotel) are to be reimbursed based on valid proof, even if the cancellation is made earlier than two weeks before the agreed date.

3. Travel Expenses

Travel expenses are all additional expenses directly resulting from a trip agreed with the customer. This includes travel and accommodation expenses and proven or credibly claimed additional expenses.

Travel expenses are calculated as follows:  flight costs (economy class), train costs (2nd class), rental car / cab costs, overnight stays and other expenses are calculated based on receipts.

Status:  1 March 2023