Note: The authoritative version of these Participation and Cancellation Terms is the German language version. This English translation is provided for convenience only. In the event of any discrepancy, the German version shall prevail.
These Participation and Cancellation Terms apply in addition to the General Terms and Conditions of
Kopexa GmbH
Schauenburgerstraße 116
24118 Kiel, Germany
Represented by the managing directors:
Benjamin Schatter, Julian Köhn
Email: hello@kopexa.com
Website: www.kopexa.com
Registry court: Amtsgericht Kiel
Registration number: HRB 28912
(hereinafter "Kopexa", "we", "us")
for the booking of and participation in training sessions, trainings and workshops (hereinafter "Training") offered by Kopexa.
1. Offer Exclusively for Entrepreneurs, No Consumer Right of Withdrawal
(1) Kopexa's training offering is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when entering into a legal transaction. Kopexa expressly and definitively excludes contracts with consumers within the meaning of § 13 BGB.
(2) By registering for a Training, the customer implicitly declares that they are not a consumer and that they are booking the Training in the course of their commercial or independent professional activity.
(3) Because these contracts are concluded exclusively with entrepreneurs, there is no statutory consumer right of withdrawal under §§ 355 et seq. BGB. Instead, the cancellation schedule set out in section 5 and the further provisions of these Participation and Cancellation Terms apply to the cancellation of booked Training.
2. Registration and Conclusion of Contract
(1) Registration for a Training takes place via the booking flow on the Kopexa website or via any other communication channel offered by Kopexa (e.g. by email or as part of an individual offer).
(2) The Training dates displayed on the website do not constitute a binding offer by Kopexa, but merely an invitation to the customer to submit an offer (invitatio ad offerendum).
(3) By submitting the registration (e.g. by clicking "Book now" or a comparable button), the customer submits a binding offer to conclude a Training agreement. The contract is concluded upon Kopexa's acceptance of this offer, which occurs when Kopexa sends a registration or booking confirmation by email.
(4) The number of participants per Training date is limited. Registrations are processed in the order received. A claim to a specific Training date only arises once the customer has received Kopexa's booking confirmation.
3. Prices, Payment and Invoicing
(1) All prices quoted by Kopexa for Training are net prices plus the statutory value-added tax applicable at the time the service is provided, unless expressly stated otherwise.
(2) Unless otherwise agreed, payment is due in advance of the Training via the payment portal offered by Kopexa, or against invoice with a payment term of 14 days from the invoice date.
(3) Invoices are made available to the customer in electronic form (e.g. by email or via the Kopexa platform).
(4) The deduction of cash discount is not permitted unless expressly agreed in writing.
4. Rebooking
(1) Rebooking to a different Training date is possible free of charge up to 14 days before the booked date, provided an alternative date with available capacity exists.
(2) In the event of a rebooking within 14 days of the booked date, Kopexa reserves the right to charge a rebooking fee equal to 50% of the cancellation fee that would apply under section 5. Alternatively, the customer may nominate a substitute participant in accordance with section 5(4).
(3) Rebooking requests must be submitted to Kopexa in text form (e.g. by email).
5. Cancellation Schedule
(1) Cancellation of a booked but not yet utilized Training by the customer is permitted and must be made in text form (e.g. by email). The date on which the cancellation notice is received by Kopexa is decisive for calculating the applicable notice period.
(2) The following cancellation schedule applies:
- Cancellation up to 14 days before the booked date: free of charge.
- Cancellation between 14 days and 3 days before the booked date: 50% of the agreed Training fee is payable.
- Cancellation less than 3 days before the booked date, or non-attendance without cancellation: 100% of the agreed Training fee is payable.
(3) Amounts already paid are refunded in full in the case of a free cancellation under paragraph 2.
(4) In the event of a fee-bearing cancellation, the customer is entitled to nominate a substitute participant for the affected seat. In this case, no cancellation fee applies.
6. Cancellation by Kopexa and Minimum Number of Participants
(1) Kopexa reserves the right to cancel a Training if the specified minimum number of participants is not reached, no later than 7 days before the scheduled date.
(2) Kopexa may also cancel a Training for good cause, in particular in the event of the trainer's illness, force majeure, or other circumstances beyond Kopexa's control that make it impossible or unreasonable to carry out the Training.
(3) In the event of a cancellation by Kopexa under paragraph 1 or paragraph 2, the customer will, at their choice, either be offered an alternative Training date or receive a full refund of any fee already paid. Further claims by the customer exist only in accordance with the limitation of liability set out in section 7.
7. Liability
(1) Kopexa is liable for damages arising from injury to life, body or health based on a negligent breach of duty by Kopexa or an intentional or negligent breach of duty by a legal representative or vicarious agent of Kopexa, as well as for damages arising from intent or gross negligence.
(2) For slight negligence, Kopexa is only liable in the event of a breach of a material contractual obligation (cardinal obligation). In this case, liability is limited to the replacement of foreseeable, typically occurring damage.
(3) Otherwise, Kopexa's liability is excluded. Statutory liability under the Product Liability Act and liability for an assumed guarantee remain unaffected.
(4) In all other respects, the liability provisions of Kopexa's General Terms and Conditions apply accordingly.
8. Copyright in Training Materials
(1) All materials, documents, presentations and other content provided as part of the Training (hereinafter "Training Materials") are protected by copyright and are owned by Kopexa or the respective authorized trainer.
(2) By participating in the Training, the customer receives a simple, non-exclusive, non-transferable right to use the Training Materials for the exclusive purpose of the internal training and further education of its own employees.
(3) Reproduction, modification, publication or disclosure of the Training Materials to third parties, in particular for commercial purposes or for creating one's own training offerings, is not permitted without Kopexa's prior express written consent.
9. Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with these Participation and Cancellation Terms is Kiel (Schleswig-Holstein), to the extent the customer is a merchant, a legal entity under public law, or a special public-law asset, and no legally mandatory place of jurisdiction applies.
10. Relationship to the General Terms and Conditions
In addition to these Participation and Cancellation Terms, Kopexa's General Terms and Conditions apply, in particular the provisions on Training contained therein (§§ 25 et seq. GTC). In the event of any conflict between these Participation and Cancellation Terms and the General Terms and Conditions, the more specific provisions of these Participation and Cancellation Terms shall prevail for matters relating to Training.