General Terms and Conditions of Business
from powerspiration.de by Michael Nuss
A) General Provisions
The following general terms and conditions apply to all legal relationships between Michael Nuss and the customer, provided that no deviating written agreements have been made or no deviating special provisions (Part B) apply. The terms and conditions used by the contractual partner are not agreed upon or otherwise part of the agreements. The General Terms and Conditions of Michael Nuss apply in the version current at the time the contract is concluded.
Our offers are binding for 5 days from receipt and then non-binding.
In the case of online orders, the customer submits a binding and payable order by clicking on the "Register" button. In the case of telephone or written orders, this is binding for the customer as soon as the order declaration has been received by Michael Nuss.
4. conclusion of the contract
The confirmation of receipt of the order by Michael Nuss does not constitute a conclusion of the contract. The contract is concluded when the customer receives a confirmation from Michael Nuss.
5. Payment Arrangements
Unless otherwise regulated below, fees are payable on the due dates specified in the invoice and to the account specified in the invoice. All our prices for seminars in Germany include the statutory sales tax of currently 19%.
6. Event change / Event cancellation
The realization of an event depends on a minimum number of participants. Michael Nuss, therefore, reserves the right to change dates or venues. Michael Nuss also reserves the right to cancel an event before it begins. Customers will be informed immediately. If an event has to be canceled, the customer can either take advantage of the alternative date offered or be reimbursed the full sales price.
Compensation for expenses incurred and other claims against Michael Nuss cannot be derived from this. If an event cannot be held due to force majeure, illness, accident, or other circumstances for which Michael Nuss is not responsible, the organizer is entitled to hold the seminar/workshop on an alternative date, excluding any liability for damages. If the customer cannot meet the alternative date in such a case, the full purchase price will be refunded.
7. Limitations of Liability
The liability of Michael Nuss is, as far as legally permissible, limited to intent and gross negligence. With the exception of personal injury, the amount of liability is limited to the agreed service fee. Liability for indirect damage, consequential damage, and lost profit is excluded. An additional health and liability declaration must be signed for Wim Hof Method workshops and cold training sessions.
8. Copyrights / Personal Rights
The customer accepts the copyright of the trainers to their lectures and works created by them (training documents, etc.). Reproduction and/or distribution of the aforementioned works by the seminar participant requires the prior written consent of the trainer and Michael Nuss. The recording of events using video or audio media is prohibited. The customer gives permission for photos, audio, and video recordings to be made during all events. This material may be used for marketing and promotional purposes. If the customer expressly does not want this, he is obliged to declare this in writing before the start of the event, otherwise, his consent applies.
9. Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days from the day the contract was concluded without giving any reason. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use a model withdrawal form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment. If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
10. Data Storage
The data provided to Michael Nuss will be stored using electronic data processing in compliance with the Data Protection Act. The customer agrees that his data, namely name, address, and e-mail, will be stored electronically and that he/she will be informed by e-mail about further events or the contents of the events in the form of a newsletter until further notice. Michael Nuss will not pass on his/her data to persons and/or companies, either commercially or in any other form, without the express consent of the customer.
11. Other Requirements
Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties will then implement the conditions with an effective replacement provision that comes closest to the purpose of the omitted provision. Austrian law applies exclusively to the conditions and their implementation. The exclusive place of jurisdiction for all claims arising from the contractual relationship is the factually and locally competent court in Eisenstadt.
B) Special provisions for Seminars/Workshops
1. Contract bases
1.1. After receipt of the seminar/workshop registration, the participant will receive a confirmation of registration and an invoice.
1.2 All changes and/or additions to the content of the contract must be confirmed in writing by Michael Nuss in order to be effective.
2. Services of the organizer, seminar, and workshop content and necessary changes, liability
2.1. Michael Nuss enables the customer to participate in the seminar/workshop booked by him. All information on the event location and schedule will be communicated to the participant in good time before the start of the seminar.
2.2. Unless otherwise agreed, travel, accommodation, and meals are not included in the seminar price and must be borne by each participant.
2.3. The trainers who appear are free to design their presentation and are responsible for the content of the seminar presentation.
2.4. Michael Nuss is entitled to make necessary or opportune changes to the seminar programs. This applies in particular to the provision of a substitute speaker in the event of the cancellation of an announced trainer/speaker, as well as the associated change in the seminar date and location.
2.5. With Wim Hof courses, the customer undertakes to follow the instructions of the trainer 100%. This is about your own safety. The trainers reserve the right to exclude a participant from the course as soon as the trainer sees a risk to the health of the customer and it is certain that the customer does not follow the instructions.
2.6. When booking a breathing and/or cold workshop through a third party, the conditions of the respective organizer apply. A declaration of liability must be signed at every breath and cold workshop. Without this, you are not entitled to participate.
You can find the health requirements for participating in a breathing and cooling workshop at: www.powerventilator.de/workshop-preparation
3. Payment of the seminar price / securing the service
3.1. After receipt of the confirmation of registration and the invoice, the full seminar fee is due within 7 calendar days.
3.2. If the registration period is less than 7 days before the start of the seminar, the total amount is due immediately after invoicing.
3.3. In any case, the seminar price must be paid before the seminar is held, otherwise participation in the seminar/workshop is not possible. Due seminar contributions are only reminded once out of court. If payment is not made (on time), the matter will be handed over to our lawyer for further processing, which will result in additional costs that must be borne by the participant.
3.4. When paying via the Wim Hof Platform from "Innerfire", the conditions of https://www.wimhofmethod.com/ apply.
4. Cancellation of a seminar
4.1. The booking of a seminar/workshop participant is binding and obliges the organizer or participant to pay the seminar price.
4.2. Cancellation must be made in writing (via a contact form, email, or letter). The organizer/participant will then receive a share of the seminar fee back. The portion that will be refunded depends on the time of receipt of the written cancellation.
If you cancel up to 4 weeks before the start: 100% refund minus the 100 € cancellation fee
If canceled up to 2 weeks before the start: 50% refund In the event of cancellation
less than 2 weeks before the start or no-show: 0%
Any costs incurred as a result of a cancellation of accommodation or travel must be borne by the participant himself.
If a participant breaks off the workshop prematurely or arrives too late, there is no entitlement to a (partial) refund of the fee.
When booking and thus canceling via the Wim Hof platform of the company "Innerfire", the conditions of https://www.wimhofmethod.com/ apply.