General Terms and Conditions
1. Registration and Application
1.1 Registrations for fee-based events: For fee-based ACP events, one can register via provided online application forms or via the website (www.ac4p.at). In any case, the registration is a binding contract and obligates the registering person (hereinafter referred to as "participant") to pay the event fee.
1.2 Registration for free events: For free ACP events, one can register via provided online application forms or via the website (www.ac4p.at). In any case, the registration is a binding contract and the participants thereby accept these GTCs, whereby all financial aspects of these GTCs are not relevant.
1.3 Applications for ACP training courses: Applications for ACP training courses can be made via provided online application forms in person or via the website (www.ac4p.at). The application is already in any case a binding contract and the applicants accept these terms and conditions, whereby all financial aspects of these terms and conditions are not relevant. Applicants who are selected for participation and confirm this in writing fall under the category of "participants" from this point on.
1.4 Persons over the age of 18 are eligible to register and apply. Persons who have not yet reached the age of 18 and are not of full age require the consent of their legal representatives.
1.5 For a registration or application, the correct first and last name and, depending on the type of event or training course, additional information is required. For registration or application via the website, an e-mail address is also required. Any changes to this data must be reported immediately in writing to the ACP.
1.6 Registrations and applications can be made until the respective deadlines.
1.7 As long as there are payment arrears to the ACP, an application is not possible. The ACP reserves the right to refuse registrations or applications also because of payment arrears in the past.
1.8 The desired use of reductions and/or scholarships is to be indicated directly with the registration or application. Information on discounts and scholarships can be found in the current information on the respective events or training courses.
1.9 Individual events and training courses stipulate certain participation requirements with regard to qualifications, which are specified in the current information on the respective events or training courses. By submitting a registration or application, applicants or participants declare that they meet the participation requirements. The ACP reserves the right to exclude participants from courses and events who do not meet the participation requirements.
1.10 If participants are unable to attend an ACP event or training course as planned, for whatever reason, this does not automatically entitle them to attend another ACP event or training course.
2. Participation Fees
2.1 The fees of events and training courses (hereinafter referred to as "participation fees") are shown in the current information on the respective events or training courses. It is noted that the ACP assumes no liability for the accuracy of the participation fees shown therein and that these may also deviate in individual cases.
2.2 Unless otherwise stated, payment of event and training course fees must be made by bank transfer. The ACP must receive payment of the participation fee no later than the deadline specified in the current information on the respective events or training courses.
2.3 Events and training courses are exempt from VAT according to § 6 Abs. 1 Z 12 UStG 1994, furthermore the ACP as a non-profit association is not subject to VAT, therefore this is not shown on invoices.
2.4 Proof of payment of the course fee must be presented to ACP staff upon request.
2.5 If partial payment of the course fees has been agreed upon, the total amount is due immediately in case of default of payment.
2.6 In the event of payment arrears, ACP shall send two reminders and request payment of the arrears. For each reminder a reminder fee of EUR 7,- will be charged. If outstanding arrears are not paid within the period specified in the second reminder, the claim will be forwarded for collection by a collection agency. The costs incurred in connection with this are to be borne in full by the participants.
3. General Event and Training Course Conditions
3.1 Participation in ACP events and training courses is personal. Participation cannot be transferred to third parties without the consent of ACP.
3.2 The ACP reserves the right to make changes to the program, even at short notice. A change of program does not entitle the participant to claim back fees or parts of the fees.
3.3 In the case of a cancelled event-unit or training course unit, the ACP will make every effort to offer an alternative program. However, this does not entitle participants to claim back fees or parts of the fees.
3.4 The ACP reserves the right to cancel events or training courses where the minimum number of participants is not reached.
3.5 If an event or training course is cancelled by the ACP, the fee will be refunded in full to the participants. The refund will be made by bank transfer to an account to be made known by the participants.
3.6 Textbooks, scripts and other course materials are not included in the course fee, unless expressly stated otherwise, and must be purchased separately by the respective participants.
3.7 If the participation in an ACP event or training course entitles to the award of a certificate, at least 80% of the event or training units must be attended. The ACP reserves the right to refuse a certificate also due to personal serious misconduct.
3.8 The ACP wants to make it possible for participants to learn and be supported in their development in an atmosphere that is as free of discrimination as possible. The ACP therefore strongly opposes discrimination on the basis of age, gender, sexual orientation, skin color/ethnicity, class/income group, (dis)ability and other social categories. Any form of transgressive behavior and violence, be it verbal, physical or psychological will not be tolerated under any circumstances. The ACP reserves the right to exclude participants who do not comply with these agreements from events or training courses, or to refuse a certificate of completion.
4. Specific Event and Training Course Conditions for Digital Services
4.1 The ACP provides participants in a digital service with user data for access to the digital service, depending on the type of service. This may involve, for example, setting up a user account for the use of a web-based learning platform (hereinafter referred to as "user account").
4.2 Participants of a digital service are responsible for providing Internet access, which is required in any case, and other necessary technical equipment and software themselves and at their own expense and risk. It is noted that in the case of the use of software or web-based learning platforms, the participant alone is responsible for providing the technical requirements, in particular for ensuring the system requirements of the computer.
4.3 The ACP operates web-based learning platforms for the use of digital course content in accordance with the technical and organizational possibilities, but does not guarantee the availability and uninterrupted operation of these learning platforms and the content offered. Restrictions in the availability and usability of the online services may occur as a result of maintenance work, the posting of new content or for other reasons.
4.4 Although the security of user accounts has the highest priority, the ACP cannot guarantee that user accounts and the associated self-published information are permanently protected and that unauthorized third parties are not able to circumvent the security measures that have been set. In particular, when using web-based learning platforms from third-party providers, the ACP can only exert limited influence on the security of user account data and this often lies within the exclusive sphere of influence of the respective third-party provider.
4.5 Participants agree to take appropriate protective measures for their own protection and to prevent damage caused by viruses or malware (harmful software). Access data to user accounts may not be passed on to third parties under any circumstances.
5. Right of Withdrawal and Cancellation
5.1 Participants have the right to cancel this contract within 14 (fourteen) days without giving any reason. The cancellation period is fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, participants must inform ACP in writing (letter, fax or e-mail) of their decision to withdraw from the contract.
5.2 All payments received by the ACP will be refunded immediately and at the latest within fourteen days from the day on which the ACP received the notification of the withdrawal from the contract. The refund of fees will be made by bank transfer to an account to be made known by the participants, whereby the bank charges for the refund must be borne in full by the participants.
5.3 Free ACP events can be cancelled at any time without further consequences. Cancellation of participation can only be made via e-mail. Also a no-show has no further consequences.
5.4 In case of cancellation of paid ACP events, ACP reserves the right to retain an administrative handling fee of 10% of the total fee of the event, or training course.
5.5 Participants are responsible for any problems within their control, such as health problems or technical problems, which make participation in an event or training course impossible.
5.6 In case of "force majeure" (including failure to obtain an entry permit to the country where the event or training course takes place), no administrative processing fee will be retained. Payments already made will be transferred to an account to be made known by the course participants, whereby the bank charges for the refund must be borne in full by the participants.
5.7 If there are technical problems within the sphere of influence of ACP in the context of digital offerings and one or more units cannot be held as a result, these will be made up at a later date. This does not entitle the participant to claim back participation fees or parts of the participation fees.
5.8 The administrative handling fee stated in section 5.4 is also due for payment if the participation fees have not yet been paid or have only been paid in part.
5.9 If the participation fees have already been paid by the participants, ACP will withhold the administrative processing fees from the participation fees and transfer the difference to an account to be made known by the course participants, whereby the bank charges for the refund must be borne in full by the participants.
5.10 In the event of a change of venue, an extraordinary withdrawal is only possible if the appearance at the venue is not reasonable due to the travel times.
5.11 In the event of changes to the event or training course program, the participants have no extraordinary right of withdrawal.
6. Liability
6.1 All information provided by the ACP in publications and websites has been prepared to the best of its knowledge and belief. However, the ACP assumes no liability for the timeliness, accuracy and completeness of the information provided, unless the ACP can be accused of intent or gross negligence.
6.2 The ACP accepts no liability for damage to hardware or software or for any other damage incurred by participants through the use of digital services.
6.3 In cases of slight negligence, ACP, its employees, contractors or other vicarious agents shall not be liable for material or financial damage to participants, irrespective of whether such damage is direct or indirect, loss of profit or consequential damage, damage due to delay, impossibility, positive breach of contract, culpa in contrahendo, defective or incomplete performance. The existence of gross negligence has to be proved by the injured party. As far as the liability of ACP is excluded or limited, this also applies to the personal liability of their employees.
6.4 The ACP assumes no liability with regard to a specific personal learning success and cannot be held liable for a specific individual success of its events and training courses.
6.5 Disclaimer: ACP cannot verify whether or not participants are medically fit to attend ACP events and training courses. All participants are responsible for their own fitness.
7. Compensation for Damages
7.1 The inventory, premises, media and equipment of the ACP are to be used or treated with care. Any damage must be reported immediately.
7.2 Participants are liable for any damage they have caused and are therefore obliged to pay compensation.
8. Data Protection
8.1 Each registration or application is a conclusion of a contract. By doing so, applicants and participants agree to the General Terms and Conditions and give their data protection consent to the electronic recording and processing of personal data for all processes required for the operation of the ACP.
8.2 The ACP will treat all personal data of applicants and participants confidentially. The data will only be disclosed to third parties if this is necessary to select applicants for participation. By submitting data, participants agree that personal data (title, first and last name, address, telephone number, e-mail, date of birth), which are transmitted electronically, by telephone, orally, by fax or in writing, may be stored and used for the respective application or participation and the transmission of information.
8.3 If the personal data of the participants have changed or if they do not wish to receive further information from ACP, this can be announced by e-mail, fax or telephone.
8.4 Personal data of participants will only be processed to the extent strictly necessary for the ACP and stored for as long as this is required for the fulfillment of the ACP's administrative tasks.
8.5 Participants give their express consent to the forwarding of data to third parties (funding agencies), insofar as this is necessary due to funding they have received.
9. Copyright
9.1 The contents of the scripts, documents and materials provided are intended exclusively for the personal use of the participants. Any further use, in particular storage, reproduction, translation, processing and any form of commercial use as well as transfer to other persons - even in parts or in revised form - without the consent of the authors is prohibited.
9.2 When making copies, the copyright responsibility for copying lies with the users of the copying machines. The copying of entire books or magazines as well as the copying of audiovisual media is prohibited for copyright reasons.
9.3 The ACP reserves the right to block or delete the user accounts of participants who intentionally and/or knowingly infringe copyrights and/or other intellectual property rights.
9.4 The participants undertake to indemnify and hold ACP harmless in the event of copyright claims against ACP arising from copyright infringements.
10. Sound, Film and Photo Recordings
10.1 The participants give their express consent that during the attendance of events or training courses of the ACP sound, film and photo recordings may be made, which are intended for publication. The participants agree that the recordings made by them during or in connection with the visit of the services of the ACP may be evaluated and published without compensation, without temporal or spatial restriction, by means of any current or future technical process.
10.2 Participants who do not wish to appear in sound, film and photo recordings must expressly communicate this in advance of the event, or the training course. The ACP will organize the recordings accordingly so that this wish can be fulfilled.
11. House Rules and Fee Schedule
11.1 Participants agree to abide by the ACP house rules and acknowledge that each participation is based on the ACP fee schedule, as amended from time to time.
12. Legal Form
12.1 The ACP is a non-profit association under Austrian law with its registered office in Stadtschlaining and its business address at 7461 Stadtschlaining, Rochusplatz 1, registered in the Austrian Central Register of Associations under ZVR 074731184.
13 Law and Jurisdiction
13.1 This agreement is subject to Austrian substantive law.
13.2 The exclusive place of jurisdiction for all disputes arising from and in connection with these GTC is - unless otherwise provided for in § 14 KSchG - the court with subject-matter jurisdiction for Stadtschlaining.
ACP, December 2020