EUROPEAN MEDICS

 

General Terms and Conditions

European Medics: Courses, Trainings and TCO Courses

Version: 1.2

 

Section 1: Provider and Scope of Application

(1) These General Terms and Conditions apply to all contracts relating to courses, trainings, continuing education programmes, webinars, online content, hybrid events and in-person events provided by European Medics.

(2) The provider is:

European Medics
Zaunstr. 19
50859 Köln, Germany
Email: contact@europeanmedics.eu
 

(3) The contractual partner is the person who registers for the course or for whom a registration is made. This person is hereinafter referred to as the “Participant”.

(4) If registration is made by an employer, organisation, authority, unit, company or other entity, such entity shall be the contractual partner unless otherwise stated in the registration or booking confirmation. In this case, the individual attending the course is additionally obliged to comply with all applicable participation, safety and conduct rules.

(5) These Terms and Conditions apply to consumers as well as to entrepreneurs, legal entities under public law and special funds under public law.

(6) A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or independent professional activity.

(7) An entrepreneur is any natural or legal person, or partnership with legal capacity, who or which enters into the contract in the exercise of their trade, business or independent professional activity.

(8) Deviating, conflicting or supplementary terms and conditions of the Participant or contractual partner shall only become part of the contract if European Medics expressly agrees to their validity in text form.

(9) The contractual language is German unless another contractual language has been expressly agreed.

 

Section 2: International Participants

(1) Courses provided by European Medics may be booked by Participants from Germany, the European Union and third countries.

(2) The Participant is solely responsible for meeting all personal, legal and practical requirements for travel, entry, stay and participation in the course. This includes, in particular, valid travel documents, visas, residence or entry permits, insurance, vaccination or health certificates, customs requirements and any other official requirements.

(3) European Medics does not provide advice on visa, immigration, residence, customs, tax, insurance, professional licensing or weapons law matters. Any information provided by European Medics in this respect is non-binding and does not replace the Participant’s own assessment or advice from the relevant authorities.

(4) If the Participant is refused entry into Poland or any other country relevant to the course, does not receive a visa, fails to meet official requirements or does not attend the course for reasons relating to travel, passport, visa, customs, insurance or other personal circumstances, this shall be deemed non-attendance attributable to the Participant. The cancellation and no-show provisions of these Terms and Conditions shall apply.

(5) The Participant is solely responsible for taking out adequate health, accident, travel, liability and repatriation insurance, where required or advisable.

(6) The course will be held in the language stated in the course description. Unless otherwise stated, the course will be conducted in English or in the language expressly specified.

(7) The Participant is responsible for ensuring that they have sufficient language skills to understand and follow safety-relevant instructions, theoretical content and practical training instructions.

(8) European Medics is entitled to exclude Participants from individual exercises or from the entire course if safety-relevant instructions cannot be understood or implemented due to insufficient language skills or for other safety reasons. In such cases, there shall be no entitlement to a refund, unless European Medics is responsible for the exclusion.

(9) If these Terms and Conditions, course information or other contractual documents are translated into several languages, the German version shall prevail in case of doubt, unless mandatory statutory provisions provide otherwise.

 

Section 3: Conclusion of Contract

(1) The presentation of courses on websites, social media, flyers, emails, messenger services or other announcements does not constitute a legally binding offer, but an invitation to book.

(2) By registering, booking, providing written confirmation, completing an electronic registration or making any other clear declaration, the Participant submits a binding contractual offer.

(3) The contract is concluded as soon as European Medics confirms the registration in text form, issues an invoice, grants access to course content or enables participation in the course, whichever occurs first.

(4) European Medics is entitled to reject registrations without stating reasons. This applies in particular if participation requirements are not met, safety concerns exist, course places are not available, information is incomplete or there are outstanding claims against the Participant or contractual partner.

(5) The Participant is obliged to provide complete and truthful information when registering. Any changes to relevant data, in particular contact details, billing details, participation requirements or health restrictions relevant to safe participation, must be communicated to European Medics without undue delay.

(6) An entitlement to participate exists only after European Medics has accepted the registration and the course fee has been paid in full, unless European Medics expressly confirms otherwise.

 

Section 4: Course Location, Course Format and Scope of Services

(1) The specific scope of services is determined by the respective course description, booking confirmation or individual agreement.

(2) Relevant factors include, in particular, course format, course duration, course content, course location, included services, participation requirements, course objectives and, where applicable, certificates or confirmations of attendance.

(3) TCO courses take place in Poland as stated in the course description. The specific venue will be stated in the course description, booking confirmation or separate Participant information.

(4) Accommodation is included in the course fee for TCO courses unless otherwise stated in the respective course description.

(5) The accommodation included in the course fee serves the organisational implementation of the course. European Medics does not owe transportation services, tourist travel planning or individual travel support.

(6) Accommodation is allocated by European Medics for organisational reasons. There is no entitlement to a single room, specific roommates, special facilities, a specific location, a particular accommodation category or a specific accommodation, unless this has been expressly confirmed in text form.

(7) Meals and catering are not included in the course fee unless expressly stated otherwise. The Participant is responsible for arranging and determining their own food and drink during the course.

(8) The course fee does not include, in particular, travel to and from the course location, parking fees, visas, travel documents, private insurance, personal equipment, medical care, meals, alcoholic beverages, other private expenses or costs arising from individual special requests.

(9) European Medics provides the course as an educational, training or continuing education event. The course is not a tourist travel package unless expressly agreed otherwise. Mandatory statutory provisions, in particular provisions protecting consumers or travellers, remain unaffected.

 

Section 5: Prices, Payment and Late Payment

(1) The course fee is determined by the respective course description, booking confirmation or individually agreed offer.

(2) Unless otherwise stated, all prices include any applicable statutory VAT.

(3) Payment is due within the period stated on the invoice. If no payment period is stated, payment is due within 14 days of receipt of the invoice.

(4) Payment must be made to the account stated on the invoice or via the payment method offered.

(5) In the event of late payment, European Medics may refuse participation until full payment has been received.

(6) European Medics is entitled to request proof of payment before the course begins. If such proof is not provided and no payment can be verified, the Participant may be excluded from the course.

(7) If European Medics incurs additional costs due to chargebacks, reversals, failed payments, currency conversions or bank fees attributable to the Participant or contractual partner, these costs must be reimbursed.

(8) For payments from abroad, the Participant or contractual partner shall bear all own bank, transfer, currency conversion and transaction fees. European Medics must receive the full invoice amount.

 

Section 6: Changes to Course Content, Instructors, Schedule, Location and Timing

(1) European Medics is entitled to adjust course content, schedule, methods used, training scenarios, timetable, accommodation, venue or individual course components for professional, didactic, organisational, safety-related, official, weather-related or other objective reasons, provided that the overall character of the course is not substantially changed.

(2) European Medics is entitled to replace announced speakers, instructors, lecturers or other personnel with equally suitable persons if this is necessary for organisational, health-related, professional, safety-related or other objective reasons.

(3) Changes to course location, accommodation, start times or schedule will be communicated to the Participant as early as possible.

(4) If a substantial change is unreasonable for the Participant, the Participant may withdraw from the contract. In this case, any course fees already paid will be refunded. Further claims shall only exist if European Medics has caused the change intentionally or through gross negligence, or if mandatory statutory claims apply.

 

Section 7: Participation Requirements, Health and Personal Responsibility

(1) The Participant takes part in the course at their own responsibility.

(2) TCO courses and comparable trainings may include physically and psychologically demanding practical exercises, tactical situations, simulations, stress scenarios, movement in terrain, work in darkness, carrying equipment and realistic operational scenarios.

(3) Before the start of the course, the Participant is obliged to assess independently whether they are medically, physically and psychologically fit to participate.

(4) Health restrictions, injuries, illnesses, pregnancy, relevant medication, psychological stress factors or other circumstances that may affect safe participation must be reported to European Medics before the course begins.

(5) European Medics may exclude the Participant from exercises in whole or in part if this appears necessary for safety reasons. This applies in particular in cases of health concerns, missing or unsuitable equipment, failure to follow instructions, self-endangerment or endangerment of others, insufficient language skills or insufficient physical suitability for individual exercises.

(6) Such exclusion from individual exercises does not entitle the Participant to a full or partial refund of the course fee, unless European Medics is responsible for the exclusion.

(7) The Participant is obliged to bring suitable clothing, equipment and personal items for the course, where specified in the course description or Participant information.

(8) If the Participant appears without required or suitable equipment, European Medics may refuse participation in individual exercises or in the entire course if this is necessary for safety, hygiene, training or organisational reasons.

 

Section 8: Safety Rules, Conduct at the Course Location and House Rules

(1) The instructions of European Medics, instructors, lecturers, safety officers, accommodation providers and persons responsible for the venue must be followed.

(2) In addition, the house rules, safety regulations and local requirements of the venue and accommodation apply.

(3) The Participant must conduct themselves in a manner that does not endanger or disturb themselves or others, or interfere with the proper conduct of the course.

(4) Participation under the influence of alcohol, drugs, intoxicating substances or medication that impairs safe participation is prohibited.

(5) Carrying weapons, ammunition, pyrotechnics, dangerous objects or other safety-relevant equipment is only permitted if expressly approved in advance by European Medics and compatible with the course concept and applicable legal provisions.

(6) The Participant is solely responsible for ensuring that any equipment, objects or materials brought by them are legally permitted and can be used safely.

(7) European Medics may exclude Participants from the course in whole or in part in the event of serious or repeated violations of safety rules, instructions, house rules or conduct obligations.

(8) In the event of serious violations, in particular self-endangerment or endangerment of others, violence, threats, discrimination, significant disruption of the course, intoxication, drug use or violations of legal requirements, exclusion may occur without prior warning.

(9) In the event of exclusion attributable to the Participant, there shall be no entitlement to a refund of the course fee, accommodation costs or other expenses. European Medics reserves the right to assert further damages.

 

Section 9: Accommodation

(1) If accommodation is included in the course fee, European Medics organises accommodation for the period stated in the course description or Participant information.

(2) The Participant has no entitlement to accommodation outside the specified period.

(3) Additional nights, upgrades, single rooms, specific room requests or accompanying persons are only possible if expressly confirmed by European Medics. Any additional costs shall be borne by the Participant.

(4) The Participant is obliged to treat the accommodation, facilities and third-party property with due care.

(5) Damage caused by the Participant to accommodation, venues, equipment or third-party property must be compensated by the Participant to the extent that the Participant is responsible for such damage.

(6) European Medics is not liable for loss, theft or damage to the Participant’s personal belongings unless European Medics has caused the damage intentionally or through gross negligence.

(7) If the Participant violates accommodation rules, house rules or safety instructions and is therefore expelled from the accommodation, there shall be no entitlement to replacement accommodation or reimbursement, unless European Medics is responsible for the circumstances.

 

Section 10: Withdrawal, Cancellation and Non-Attendance by the Participant

(1) The Participant may withdraw from the contract in accordance with the following provisions. Statutory rights of withdrawal remain unaffected.

(2) The decisive factor for calculating the cancellation period is the receipt of the cancellation declaration by European Medics in text form.

(3) The following cancellation fees apply to in-person and hybrid courses:

• Cancellation up to 60 days before the start of the course: 25% of the course fee

• Cancellation less than 60 days and up to 30 days before the start of the course: 50% of the course fee

• Cancellation less than 30 days before the start of the course: 100% of the course fee

• Non-attendance without prior cancellation: 100% of the course fee

(4) The Participant is expressly permitted to prove that European Medics has incurred no loss or a significantly lower loss. European Medics reserves the right to prove a higher loss.

(5) Costs already incurred or no longer cancellable, in particular for accommodation, venue, external service providers, materials, licences, administration, payment processing or other course-related services, may be taken into account when calculating the loss.

(6) There is no entitlement to a partial refund if the Participant arrives late, leaves the course early, does not attend individual parts of the course or is unable to participate fully for reasons attributable to the Participant.

(7) If the Participant is unable to attend due to personal circumstances, including illness, professional commitments, travel problems, missing travel documents, lack of visa, refusal of entry, missed flights, train cancellations, private emergencies or other reasons within their sphere of responsibility, the cancellation and non-attendance provisions of these Terms and Conditions shall apply.

 

Section 11: Substitute Participant

(1) The Participant is not entitled to transfer their course place to another person independently and without prior consultation.

(2) The nomination of a substitute participant is only permitted after prior consultation with the European Medics team and only with the express approval of European Medics in text form.

(3) The request to nominate a substitute participant must be made as early as possible. It must include all information required by European Medics to assess the substitute participant. This includes, in particular, full name, contact details, billing details, participation requirements, relevant qualifications, language skills, health or safety-relevant information and, where applicable, further course-related evidence.

(4) European Medics may refuse approval of the substitute participant for objective reasons. Objective reasons include, in particular, missing participation requirements, missing personal information, unresolved safety issues, unsuitable equipment, health concerns, insufficient language skills, missing consent declarations, official or legal obstacles, organisational reasons or nomination at too short notice.

(5) If a substitute participant appears at the course without prior approval from European Medics, there is no entitlement to participate. European Medics is entitled to refuse admission to the course.

(6) In such case, the original Participant remains the contractual partner. If the original Participant does not attend, this shall be deemed non-attendance. Course fees already paid will not be refunded in accordance with the cancellation and non-attendance provisions of these Terms and Conditions, unless statutory claims, a different agreement or proof of a significantly lower loss apply.

(7) If a substitute participant is accepted by European Medics, European Medics may make participation conditional upon the complete provision of all required data, acceptance of these Terms and Conditions, fulfilment of the participation requirements and, where applicable, payment of an appropriate administrative fee.

(8) The original obligation to pay the course fee remains in place until European Medics expressly confirms the transfer to the substitute participant and the financial arrangements have been clarified.

 

Section 12: Cancellation of the Course by European Medics

(1) European Medics is entitled to cancel a course if the required minimum number of participants is not reached, instructors are unavailable, the venue or accommodation is unavailable, safety reasons prevent implementation or other objective reasons make the course impossible or unreasonable to conduct.

(2) In the event of cancellation, European Medics will inform the Participants as early as possible.

(3) In the event of cancellation, European Medics will offer an alternative date where possible.

(4) If the Participant does not accept the alternative date or if no alternative date is offered, any course fees already paid will be refunded.

(5) Further claims, in particular reimbursement of travel costs, loss of earnings, equipment costs, visa costs, insurance costs, accommodation costs or other consequential costs, shall only exist if European Medics has caused the cancellation intentionally or through gross negligence, or if mandatory statutory claims apply.

 

Section 13: Force Majeure and Extraordinary Circumstances

(1) European Medics shall not be liable for impediments to performance caused by force majeure or extraordinary circumstances for which European Medics is not responsible.

(2) This includes, in particular, natural events, severe weather, pandemics, epidemics, official orders, border closures, war, civil unrest, terrorist situations, strikes, significant traffic disruptions, unavailability of venues, unavailability of accommodation, illness of key personnel or other events beyond the control of European Medics.

(3) If the course cannot be conducted or cannot reasonably be conducted due to such circumstances, European Medics may postpone, adjust or cancel the course.

(4) In the event of final cancellation, course fees already paid will be refunded unless European Medics has already provided services or incurred non-refundable costs that can be allocated to the specific course and may legally be retained.

(5) Further claims shall only exist where mandatory statutory provisions provide for them.

 

Section 14: Online Content, Access Data and Digital Course Components

(1) If the course includes online content, e-learning, digital scripts, preparatory materials, video content, tests or other digital components, the Participant will receive personal access data or individual access rights.

(2) Access data may not be passed on to third parties.

(3) The Participant is obliged to treat access data confidentially and protect it from third-party access.

(4) Any disclosure, reproduction, publication, editing, recording or other use of digital course content outside the contractually intended purpose is prohibited unless European Medics expressly agrees in text form.

(5) European Medics endeavours to provide digital content with as little disruption as possible. However, uninterrupted availability at all times cannot be guaranteed, particularly where technical disruptions are outside the control of European Medics.

(6) The Participant is solely responsible for having suitable technical equipment, internet connection, software and devices, insofar as digital course components are used.

 

Section 15: Copyright, Course Materials and Recordings by Participants

(1) All course materials, presentations, scripts, images, videos, scenarios, concepts, algorithms, case studies, checklists, e-learning content and other content provided by European Medics are protected by copyright.

(2) The Participant receives a simple, non-transferable right of use exclusively for their own personal preparation, follow-up and participation in the course.

(3) Reproduction, disclosure, publication, making available to the public, commercial use, editing or use for the Participant’s own teaching, training or business purposes is prohibited without the prior consent of European Medics.

(4) Image, film and audio recordings by Participants during the course are only permitted with the express consent of European Medics.

(5) The personal rights of other Participants, instructors and third parties must be respected.

(6) European Medics may require unlawful recordings to be deleted.

 

Section 16: Image, Film and Audio Recordings by European Medics

(1) Image, film and audio recordings on which Participants are identifiable and which are intended to be used for advertising, social media, website, public relations or other publication purposes will only be made on the basis of separate consent.

(2) Consent is voluntary and may be withdrawn at any time with effect for the future.

(3) Identifiable recordings of Participants will not be published for advertising purposes without separate consent.

(4) Recordings or documentation required for internal course organisation, quality assurance, safety, evidence purposes or legally required documentation remain unaffected, provided that there is a legal basis for such processing.

 

Section 17: Confirmation of Attendance and Certificates

(1) The Participant will receive a confirmation of attendance or certificate only if the requirements specified for this purpose are met.

(2) Requirements may include, in particular, full attendance, active participation, compliance with safety rules, successful completion of practical or theoretical course components and full payment of the course fee.

(3) European Medics is entitled to refuse to issue a confirmation of attendance or certificate if the Participant misses essential parts of the course, violates safety rules, fails to meet participation requirements or is excluded from the course for good cause.

(4) Unless expressly stated otherwise, a confirmation of attendance or certificate does not replace state recognition, professional authorisation, official permission or any national or international professional licence.

 

Section 18: Liability

(1) European Medics shall be liable for damages arising from injury to life, body or health caused by a breach of duty by European Medics, its legal representatives, employees, instructors, lecturers or vicarious agents.

(2) European Medics shall be liable in cases of intent and gross negligence.

(3) In the event of a slightly negligent breach of material contractual obligations, European Medics shall be liable only for typical, foreseeable damage. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Participant may regularly rely.

(4) In all other respects, liability for slight negligence is excluded.

(5) The above limitations of liability also apply in favour of the legal representatives, employees, instructors, lecturers and vicarious agents of European Medics.

(6) European Medics shall not be liable for damage caused by the Participant violating safety instructions, concealing health restrictions, using unsuitable equipment, acting on their own authority, participating under the influence of alcohol or drugs or otherwise acting contrary to the instructions of European Medics.

(7) European Medics shall not be liable for loss, theft or damage to the Participant’s personal belongings unless European Medics has caused the damage intentionally or through gross negligence.

 

Section 19: Data Protection

(1) European Medics processes personal data of the Participant insofar as this is necessary for initiating, performing, billing and following up the contract.

(2) Further information on the processing of personal data, data subject rights, retention periods, recipients and legal bases can be found in the European Medics Privacy Policy.

(3) The Privacy Policy is available at: https://www.europeanmedics.eu/agb 

(4) Where consent is required for individual data processing activities, such consent will be obtained separately.

(5) The Participant agrees that European Medics may contact them via the contact details provided for the purposes of course organisation. This includes, in particular, information regarding booking, invoicing, preparation, course location, accommodation, safety information, schedule changes and follow-up.

 

Section 20: Right of Withdrawal for Consumers

(1) If the Participant is a consumer and the contract is concluded by distance communication or outside business premises, the Participant generally has a statutory right of withdrawal.

(2) The withdrawal period is fourteen days from the conclusion of the contract.

(3) To exercise the right of withdrawal, the Participant must inform European Medics by means of a clear statement, for example by email or letter, of their decision to withdraw from the contract.

(4) To meet the withdrawal deadline, it is sufficient for the Participant to send the notification of exercising the right of withdrawal before the withdrawal period has expired.

(5) If the Participant withdraws from this contract, European Medics shall reimburse all payments received from the Participant without undue delay and no later than fourteen days from the day on which European Medics receives the notification of withdrawal.

(6) For such reimbursement, European Medics will use the same means of payment that the Participant used for the original transaction, unless expressly agreed otherwise. The Participant will not be charged any fees for such reimbursement.

(7) If the Participant has expressly requested that European Medics begin providing the service during the withdrawal period, European Medics may claim reasonable compensation for the services already provided up to the time of withdrawal.

(8) In the case of digital content not supplied on a tangible medium, the right of withdrawal may expire early under statutory conditions if the Participant has expressly consented to European Medics beginning performance before the end of the withdrawal period and has confirmed their knowledge that they thereby lose their right of withdrawal.

(9) If no right of withdrawal exists for individual services under statutory provisions, or if such right expires early, the Participant will be informed accordingly during the booking process or before the service begins.

 

Section 21: Model Withdrawal Form

If you wish to withdraw from the contract, you may use this form. Use of this form is not mandatory.

To:

European Medics
Zaunstr. 19
50859 Köln
Germany
Email: contact@europeanmedics.eu

​

I hereby withdraw from the contract concluded by me for participation in the following course:

​

Course name:
Course date:
Booked on:
Name of Participant:
Address of Participant:
Email address of Participant:
Date:
Signature, only if submitted on paper:

 

Section 22: Governing Law, International Participants, Course Location in Poland and Jurisdiction

(1) All contractual relationships between European Medics and the Participant shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

(2) Mandatory statutory provisions applicable at the course location in Poland, in particular safety, public order, public law, official, health-related, insurance-related or other mandatory provisions, remain unaffected.

(3) For Participants who are consumers, the choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory statutory provisions of the country in which the consumer has their habitual residence.

(4) If the Participant is a merchant, entrepreneur, legal entity under public law or special fund under public law, the exclusive place of jurisdiction shall be the registered office of European Medics in Germany.

(5) Statutory places of jurisdiction apply to consumers. Mandatory international jurisdiction rules, in particular those protecting consumers, remain unaffected.

(6) Claims arising from or in connection with the actual performance of the course at the course location in Poland may additionally be subject to mandatory provisions of Polish law insofar as such provisions apply irrespective of the chosen law.

 

Section 23: Final Provisions

(1) Amendments and additions to the contract must be made in text form unless a stricter form is required by law.

(2) If any provision of these Terms and Conditions is or becomes invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

(3) The statutory provisions shall apply in place of the invalid provision.

(4) European Medics is entitled to amend these Terms and Conditions for future contracts. The version valid at the time the contract is concluded shall apply.

(5) Ancillary agreements shall only exist if expressly confirmed in text form.

​

​

​

​