General terms and conditions

1. Purpose of contract
These general terms and conditions of services provided by the IREBS Real Estate Academy, hereinafter IREBS, govern the provision of training services within the programme selected by the participant and other related services. The contractual services and participant requirements are given in these terms and conditions and in the relevant official catalogue (in hard copy or online download at www.irebs-immobilienakademie.de). The parties are IREBS and the participant admitted to the course.

2. Application for Admission
2.1. Any offer made by IREBS for the programme selected by the participant is subject to confirmation.

2.2. The application to the programme selected by the participant must be made to IREBS by the applicant by letter or electronically, attaching all the documents specified on the application form.

3. Admission
3.1. IREBS decides whether to admit the applicant to the programme selected by the participant. There is no legal right to admission. The contract takes effect on registration by IREBS.

3.2. The examination procedures for the programme selected by the participant are detailed in the examination regulations. The regulations applicable at the start of the course are valid throughout the study period.

3.3. The participant will comply with all visa regulations applicable and will obtain and renew any resident permit required. IREBS is not liable for any loss which might occur from not meeting visa or residence permit requirements.

4. Terms of payment
IREBS shall receive the course fees stated in the appropriate terms of participation or seminar information. The course fees are to be paid within the due pates for payment stated on the invoice. The terms of payment can be viewed on the IREBS website under the appropriate course of study or seminar.

5. Delayed payment
If a payment period given on an invoice to the participant is not met, IREBS is entitled to exclude the participant from the classes and examinations in the programme selected, provided that he or she is given a reasonable period of grace for payment after the end of that payment period and is informed that failure to pay by the end of the period of grace will result in exclusion from the classes and
examinations.

6. Termination, withdrawal, exclusion of the participant
6.1. Termination
After admission to the course of study, the right to ordinary termination of the contract is excluded. The right to extraordinary termination of the contract remains unaffected.

6.2. Withdrawal
6.2.1. Withdrawal by IREBS
IREBS is entitled to withdraw from the contract up to four weeks before the start of the participant’s chosen course if it will not run the course due to insufficient participants. Fewer than 20 participants shall be considered insufficient. However, IREBS is also entitled, on a case-by-case basis, to run the course with a smaller number of registered participants. In the event a course is cancelled, any tuition fees already paid by the participant to IREBS will be refunded in the amount paid. Any further claims of the participant are excluded.

6.2.2. Withdrawal by the participant
The participant may only withdraw up to the first day of the course. In the event the participant withdraws, IREBS will charge a flatrate fee for damages in the amount of 75% of the tuition fees. This fee includes compensation to IREBS for loss of profit. Any tuition fees paid above this will be refunded. Any further claims of the participant are excluded. The participant is allowed to provide evidence that no or less damage has been incurred. Withdrawal by the participant is no longer possible after the first day of the course. The participant is then obligated to pay the tuition fees in full. In this case, the participant is entitled to find a qualified substitute participant who wishes to fill the participant‘s place on the course. The participant will be released from their payment obligation regarding the tuition fees only if the named substitute participant fulfils the admission requirements and is admitted to the course of study by IREBS. The participant will then only have to pay a fixed fee of € 250.00 to IREBS for the additional processing involved.

6.3. Exclusion of the participant
IREBS is entitled to exclude the respective participant from the participant’s chosen course in case of serious and fraudulent deception during the admission or examination procedure. A refund of paid tuition fees is excluded in this case.

7. Right of Withdrawal
7.1. If the participant is a consumer and not a merchant, he/she has a right of withdrawal in accordance with § 312b BGB and § 312d BGB in conjunction with § 355 BGB. The application for admission can be revoked in writing within 14 days without giving reasons. The withdrawal period begins upon receipt of this cancellation policy in written form and upon receipt of the admission confirmation, which constitutes acceptance of the contract by the IREBS. To comply with the withdrawal period, timely dispatch of the revocation is sufficient. The revocation is to be addressed to: IREBS Immobilienakademie GmbH, Barocketage, Kloster Eberbach, 65346 Eltville, Germany. The obligation to perform by the IREBS only arises after the expiry of the withdrawal period. The right of withdrawal expires prematurely if the participant has already taken advantage of the services provided by the IREBS by attending the courses.

7.2 In the event of an effective withdrawal, the mutually received benefits are to be returned and any benefits obtained (e.g. interest) are to be surrendered. For the repayment of services received, the IREBS uses the same means of payment that participants used in the original transaction, unless expressly agreed otherwise with the participant. If the participant requested that the IREBS should begin providing the service during the withdrawal period, the participant must pay a reasonable amount to the IREBS that corresponds to the value of the services provided up to the point in time at which IREBS was notified of the exercise of the right of withdrawal in relation to the contractual scope agreed upon.

8. Changes to course content
The right to make slight changes to the content and term of the course is reserved. They do not entitle the participant to terminate the contract. Should speakers have to cancel their attendance, IREBS will make an effort to postpone the lecture or obtain a suitable replacement speaker. If the main course content is cancelled, the tuition fee will be reduced pro rata. Further liability on the part of IREBS is excluded.

9. Copyright notice
Seminar documentation and teaching programmes must not be copied, processed, altered, disseminated or otherwise put in the public domain without written consent by IREBS.

10. Liability
10.1. IREBS is liable in full for damage caused by wilful intent. IREBS is only liable for damage caused by gross negligence up to the level of the foreseeable damage intended to be prevented by the duty of care. IREBS is only liable for simple negligence in the event of breach of an obligation so essential to the contract that achievement of its purpose is put at risk. In this case IREBS is liable to the participants only for compensation for the typical or foreseeable damage. Should IREBS be required to reimburse considerable expenses, the foregoing applies where relevant.

10.2. IREBS is not liable for loss, damage or destruction of the participant’s property in connection with running the course, unless caused by intentional or grossly negligent conduct on its part.

10.3. IREBS is not liable for damage caused by force majeure, insurrection, war and natural events or other circumstances beyond its control (e.g. strike, lockout, transport disruption, orders by national and foreign government authorities) or technical faults not culpably caused, such as in the computer system. Force majeure also means computer viruses or deliberate attacks on computer systems by hackers, provided that appropriate security precautions have been taken.

11. Data protection
The data privacy notice on the IREBS website shall apply, which is also part of the contract. www.irebs-immobilienakademie.de/datenschutz.

12. Law and jurisdiction
12.1. This agreement is governed by the laws of the Federal Republic of Germany.

12.2. The jurisdiction for all disputes arising out of the contract is Wiesbaden.

13. Written form
Amendments and additions to the contract terms and conditions require the written form in order to be effective.