General Terms and Conditions (GTC)
of
aczepta Akademie gemeinnützige GmbH, Sundgauallee 92-96, 79110 Freiburg
– hereinafter referred to as “aczepta Akademie” –
Valid from August 15, 2025
§ 1 General
1.1 These General Terms and Conditions of aczepta Akademie (hereinafter referred to as “GTC”) apply to all events and services provided by aczepta Akademie.
1.2 By registering, the contracting party/parties accept these GTC in the version valid at the time of registration. The GTC can be accessed at any time at www.aczepta-dev.instawp.xyz/terms-and-conditions.
1.3 Conflicting and/or deviating general terms and conditions of the contractual partner(s) or the participant(s) shall not be recognized and shall not become part of the contract unless their validity is expressly agreed to by aczepta Akademie; in this case, as well as in the case of separate agreements on special conditions for certain services, these external terms and conditions shall apply subordinately and supplementarily.
1.4 Binding declarations (e.g., registrations and cancellations) must be made in writing.
§ 2 Conclusion of contract
2.1 The contractual partner shall always be at least the person or legal entity that made the registration and is named accordingly in the registration confirmation and has received this confirmation.
2.1.1. If the registration is made by a legal entity as the cost bearer (e.g., employment agency) for a natural person, both the natural person (as participant) and the legal entity (as cost bearer) become joint contractual partners.
Both shall be jointly and severally liable to aczepta Akademie alongside the debtor within the meaning of §§ 421ff. BGB (German Civil Code) for the contract.
2.1.2. If the registration is made by a natural person who states that a legal entity bears the costs of participation as the cost bearer for them, both the natural person (as participant) and the legal entity (as cost bearer) become joint contractual partners.
Both parties shall be jointly and severally liable to aczepta Akademie alongside the debtor within the meaning of §§ 421ff. BGB (German Civil Code) for the contract.
2.1.3. If the registration is made by a natural person who states that a legal entity will bear the costs of participation as the cost bearer for the natural person, and it then transpires that this legal entity is not available as the cost bearer, the natural person (the contractual partner) shall be solely liable for the participation fees in full and shall be the sole contractual partner and debtor.
2.2 A registration is a contractual offer. A contract between the contracting parties and the aczepta Academy is only concluded upon acceptance (registration confirmation) by the aczepta Academy.
2.3 The aczepta Academy may make participation dependent on personal and/or material requirements.
2.4 The announcement of events by aczepta Akademie is non-binding.
§ 3 Participation fees
3.1 The participation fees are based on the current announcement or event description at the time of receipt of the registration.
The participation fee is payable regardless of actual participation.
For in-house events, i.e., events held by aczepta Academy on the premises of third parties at their request, an individual offer will be prepared.
This will then determine the fees for the event.
3.2 The participation fees are due without deduction no later than 28 days before the start of the event. The date of the credit entry on the aczepta Academy account specified on the invoice shall determine whether the payment has been made on time.
If registration takes place less than 28 days before the start of the event, the participation fees are due immediately.
3.3 Full payment of all participation fees due is a prerequisite for participation in or implementation of the event.
3.4 If payment is not made by the due date, aczepta Akademie is entitled, without further reminder, to reallocate the place or cancel the event. The contractual partner must be informed of this. The participation fees are still due in this case.
3.5 If individual courses are repeated by the participant with the consent of aczepta Akademie, an additional participation fee will be charged.
aczepta Akademie is entitled to charge a reasonable fee for this. The amount of this fee is based on Price List 1, which is attached to these General Terms and Conditions, provided that this replacement service is listed here.
If the replacement service is not listed here, aczepta Academy will determine the fee at its discretion. This will be communicated to the participant in advance.
The participant must accept the offer; this can also be done by conclusive action (participation).
3.6 Payment by installments requires a separate agreement in writing. If the contractual partner is more than 10 days in arrears with an installment or part of an installment, the entire remaining amount shall become due immediately.
3.7 The scope of the services included in the participation fees is specified in the announcement or event description current at the time of receipt of the registration. Travel expenses (e.g., for excursions) are not included.
If costs are not covered by the participation fees, they will be invoiced separately for the use of additional services (e.g., individual coaching, individual supervision) or additional benefits in kind (e.g., work materials, books).
3.8 The contractual partner is only entitled to offset, even if claims for defects or counterclaims are asserted, if the asserted claims have been legally established or recognized by aczepta Akademie or are undisputed. The contractual partner is only entitled to exercise a right of retention if the counterclaim is based on the same contractual relationship from which the contractual partner’s payment obligation arises.
3.9 If the participant is not a contractual partner, the participant and the contractual partner are jointly and severally liable to aczepta Academy for participation fees and any additional costs.
3.10 The claim shall be deemed to be in default even without a reminder if it has not been paid by the due date specified on the invoice. Default costs (interest and reminder fees) shall then be incurred.
Special provision for AZAV-funded training measures:
3.11 If registration for an AZAV-funded training measure takes place and the approval for cost coverage by the employment agency is not granted or is revoked for reasons for which aczepta Akademie is not responsible, the contractual partner shall be liable for the participation fees at their own expense.
§ 4 Events, description, changes
4.1 There is no entitlement to have an event conducted by specific lecturers. This also applies if the event was announced with the names of the lecturers.
4.2. If there is an objective reason, aczepta Akademie is entitled to change the location and time of the event, taking the interests of the contractual partner into account.
4.3 If an event or part of an event has to be canceled for objective reasons (e.g., due to illness of the lecturer), it may be rescheduled. However, there is no entitlement to a specific alternative date. If a module is canceled due to an insufficient number of participants, the academy reserves the right to offer an equivalent alternative. Successful participation in this replacement service is considered equivalent to passing the original module.
4.4. For each educational measure, there is an event description of the important points with the following key points:
- Type of measure
- Scope in teaching units/hours
- Examination requirements
- Possibility (and finiteness) of repeating examinations
- Cost
- Absences, if regulations deviating from these General Terms and Conditions apply
- Completion and implementation deadlines
For in-house events, the offer is considered the event description.
The respective event description is made available to the contractual partner on the aczepta Academy website under the respective link for the measure.
The contracting parties shall include this event description in full in the contractual relationship.
§ 5 Withdrawal and termination by aczepta Akademie
5.1 A minimum number of participants is required for an event to take place. If this minimum number is not reached, aczepta Akademie may withdraw from the contract.
Participation fees already paid will be refunded.
The contractual partner shall have no further claims beyond this.
5.2 If an event has to be canceled by aczepta Akademie for reasons of force majeure, participation fees will not be refunded.
5.3 aczepta Akademie may withdraw from or terminate the contract if an event cannot take place in whole or in part for reasons for which aczepta Akademie is not responsible.
In this case, aczepta Akademie will refund the participation fee for the lessons that have already taken place on a pro rata basis or in full if no events have taken place at that point in time.
5.4 aczepta Akademie may terminate contracts without notice for good cause. Good cause shall be deemed to exist in the following cases in particular:
- Disruptive behavior by the participant in events despite prior warning and threat of termination; in cases of particularly serious misconduct, termination may also be pronounced without prior warning.
- Defamation of any kind by the participant, in particular insults and discrimination against lecturers, other participants, or employees of aczepta Academy.
- Violations by the participant of the provisions of these General Terms and Conditions, in particular in the event of a breach of confidentiality (§ 10) or copyright (§ 8), despite prior warning and threat of termination; in the event of particularly serious misconduct, termination may also be pronounced without prior warning.
- Violation of the academy’s hygiene regulations.
Instead of termination, aczepta Academy may also exclude participants from an event either permanently or temporarily. aczepta Academy’s claim to payment of the participation fee shall not be affected by such termination or exclusion.
§ 6 Termination and withdrawal by the contractual partner
6.1 The contractual partner has the right to withdraw from the contract before the start of the event. This right of withdrawal must be exercised in writing to aczepta Academy no later than 28 days before the start of the event.
6.2 After the expiry of the right of withdrawal in accordance with § 6.1, there is no entitlement to a full refund of participation fees already paid. This also applies in the event of illness or changes in the personal or professional circumstances of the participants.
6.4 Withdrawal must be made in writing (e.g., letter, fax, email). Cancellations made by telephone to aczepta Akademie or to the lecturers, as well as failure to attend the event, are not considered withdrawal.
6.5 Any statutory right of withdrawal (e.g., in the case of distance selling) and the right to terminate for good cause remain unaffected.
6.6. If the contractual partner cancels their participation, aczepta Akademie is entitled to compensation for damages.
The parties agree as follows in this regard:
| Period of cancellation prior to the event in days | Proportion of the participation fee charged by aczepta Academy to compensate for the damage: |
|---|---|
| 14–21 days | 50% |
| 14–7 days | 75% |
| 7 days until the event begins | 100% |
§ 7 Liability
7.1 aczepta Akademie, its employees, or agents shall only be liable to the contractual partner and the participant for intentional or grossly negligent conduct.
7.2 This exclusion of liability shall not apply insofar as it relates to liability for damage resulting from injury to life, limb, or health based on a negligent breach of duty by aczepta Akademie or an intentional or negligent breach of duty by a representative or auxiliary person of aczepta Akademie. Furthermore, the exclusion pursuant to Section 7.1 shall not apply if aczepta Akademie culpably breaches obligations that constitute the essence of the contract (cardinal obligations).
§ 8 Copyright protection
8.1 Photography, filming, and recording on data carriers are generally not permitted during events.
8.2 Any teaching materials provided may not be reproduced or used commercially without the prior written consent of aczepta Akademie.
8.3 Copying and passing on any software provided is not permitted.
§ 9 Certificate / document / report card / certificates of attendance
9.1 Participation in an event can be certified upon request, provided that the participant attends regularly. aczepta Akademie is entitled to note absences.
Unless such a certificate must be issued free of charge by law (e.g., AZAV-funded training measures), aczepta Academy is entitled to charge a reasonable fee for determining the services rendered and issuing the certificate. The minimum fee for this is EUR 50.00.
The fee is payable in advance immediately upon request.
9.2 A claim for the issuance of certificates, diplomas, testimonials, and/or certificates of participation by the aczepta Academy is only due after full payment of all participation fees.
9.3 If promised in the advertisement or announcement, the participant will receive a confirmation (confirmation of participation, certificate, document, or diploma (state examinations)) after successfully completing the event. The prerequisite for the issuance of the confirmation is personal participation in all sections of the event (including mandatory supervision, if applicable). In addition, proof of performance, e.g., written exams, project work, and a written thesis, may have to be prepared and passed in accordance with the applicable legal requirements, examination regulations, or the requirements of the aczepta Academy. Certificates and diplomas may also only be provided digitally as PDF files by the aczepta Academy.
9.4 In justified exceptional cases, such as illness, confirmation may be given without prejudice to absences, provided that these do not exceed ten percent of the total duration of the prescribed attendance times for the attendance phases and supervision and that the event objective has been achieved and any required performance assessments in accordance with § 9 (9.3) have been completed.
9.5 The academy management or course management shall decide on the achievement of objectives in accordance with § 9 (9.3) at its own discretion. The decision must be justified in writing to the participant upon request.
9.6 Continuing education courses must generally be successfully completed within two years of commencement. Otherwise, admission to the final examination or final colloquium or similar may no longer be granted on a regular basis. There is expressly no entitlement to a (proportional) refund of participation fees.
Hardship decisions are possible, but subject to a fee.
§ 10 Duty of confidentiality
10.1 Participants are obliged to maintain confidentiality regarding all personal and confidential information about other participants or third parties worthy of protection, as well as other internal course matters, that becomes known to them during or in connection with the event, including supervision, even after the contractual relationship has ended.
10.2 In the event of a breach of the obligation under 10.1, aczepta Akademie is entitled to terminate the contractual relationship for good cause in accordance with § 5 (5.4). The right to assert further claims, in particular claims for damages, remains unaffected.
§ 11 Liability/responsibility of the contractual partner for the participant
11.1 If the person of the contractual partner differs from that of the participant, the contractual partner must inform the participant about the provisions of these General Terms and Conditions and the resulting obligations as a participant and oblige them accordingly.
11.2 Any fault on the part of the participant shall be attributed to the contractual partner in accordance with § 278 BGB (German Civil Code).
§ 12 Absences
12.1 For all aczepta Academy products, the rule applies that a maximum of 10% of the time may be recorded as absences. If the contractual partner has higher absences, participation shall be deemed not to have been successfully completed.
Other (higher) permissible absences shall only apply if they are required by law (e.g., vocational training requirements or AZAV requirements).
12.2 Absences that occur during required examinations must be verified by a doctor’s note. If this is not provided, the examination shall be considered failed.
Other provisions only apply if they are required by law (e.g., vocational training requirements or AZAV requirements).
§ 13 Exams
A valid ID document (ID card/passport) must be presented at all exams to prove identity.
If this is not done, the exam may be considered failed due to non-participation.
§ 14 Ancillary agreements and contract amendments
There are no verbal ancillary agreements. Amendments and additions to this contract must be made in writing to be effective.
§ 15 Place of performance, place of jurisdiction, and severability clause
15.1 The place of performance is Freiburg im Breisgau.
15.2 If the contractual partner is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Freiburg i.Br..
15.3 Should individual provisions of this agreement be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the agreement. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.
(As of June 23, 2025)