Terms & Conditions
1. General Provisions
1.1 Scope
These General Terms and Conditions regulate the contractual relationship between Gian Wieck (representing the System Mapping Academy) and his customers. Conditions or general business terms of the customer do not have validity, even if those of the System Mapping Academy do not contradict them directly.
1.2 Applicable Law and Jurisdiction
The contractual relationship and all legal relationships arising from it shall be governed exclusively by German law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).Insofar as the contractual partner is a business owner or a special fund under public law, the place of jurisdiction is Berlin.
1.3 Liability
Damages caused by slight negligence will only be compensated if the violation is that of a fundamental contractual obligation. In cases of a slight negligent breach of a fundamental obligation, liability is limited to the contractually typical and foreseeable damage. In other cases, System Mapping Academy shall only be liable in the case of intent or gross negligence or in the case of culpable injury to life, limb or health. Liability claims for slight negligence shall lapse within one year after their occurrence. This does not apply to culpable injury to life, limb or health.
1.4 Retention of Title/ Copyright
The System Mapping Academy reserves the right of unrestricted ownership to/of all deliveries of material in physical form until the complete fulfillment of all payment obligations by the customer. If the System Mapping Academy creates copyright-eligible works for the customer (e.g., training materials and presentations), the customer shall only be granted a simple right of use, subject to complete fulfillment of all payment obligations. This entitles the holder to use for his own purposes, unless stated otherwise and agreed upon in contract form. This entitlement does not include the right of reproduction, distribution, processing or making these works publicly available.
The workshop materials distributed or sent out in the scope of the workshop are protected by copyright and may only be translated, reprinted, electronically processed, distributed or published―including excerpts―with the express written consent of the System Mapping Academy and/or the respective speaker.
1.5 Subcontractor
The System Mapping Academy is entitled to the use of third parties in order to fulfill its obligations.
2. Open Formats of the System Mapping Academy
To participate in the open formats (workshops and training programs) of the System Mapping Academy the following shall apply:
2.1 Registration
Registration must be made in writing, using the online registration form provided or by email. If the provided online registration form is not used, the name of the participant must be clearly stated as well as the complete company address (i.e., invoicing address) including VAT ID, telephone number and email address.
The registration first becomes legally binding with the transfer of the participation cost and our email confirmation. Should the selected workshop already be fully booked by the time of your registration, you will be informed of this immediately.
2.2 Participation Fee
The participation fee is per person and event date plus statutory VAT. Unless otherwise stated, the participation fee for face-to-face workshops includes attendance at the workshop/program, workshop/program documents, a joint lunch and beverages during breaks per workshop/program day. Accommodation and travel expenses are not included in the price. For online formats, the participation fee includes the visit of the workshop/program as well as the content-related and technical preparation or provision of the Miro boards.
2.3. Terms of Payment
The participation fee, plus statutory VAT, is due within 14 days of receipt of the invoice; but no later than the first day of the workshop/program. Payments are accepted by bank transfer. Attendance of only part of a workshop/program does not entitle the participant to a reduction of the participation fee.
2.4 Cancellation of Workshops/Programs by the System Mapping Academy or Participant
2.4 a) Substitute Participant
The rebooking of a substitute participant in place of the registered participant is possible at any time and free of charge. The substitute must possess equivalent qualifications. The System Mapping Academy reserves the right to reject any applicant who may not be sufficiently qualified.
2.4 b) Cancellation by the Participant
You can rebook all face-to-face events booked with us to another date free of charge up to 3 days before the event begins.
For our online courses, the following cancellation periods and conditions apply:
Cancellation at least 21 days before the first day of the workshop: 25% of the participation fee is non-refundable
Cancellation between 10 and 21 days before the first day of the workshop: 50% of the participation fee is non-refundable
Cancellation within 10 days before the first day of the workshop: 100% of the participation fee is non-refundable
Cancellations and rebookings must be made in writing.
2.4 c) Cancellation of Workshops/Programs by the System Mapping Academy
The System Mapping Academy reserves the right to cancel workshops/programs up to five days before its scheduled start if the minimum number of participants (6 people) is not reached, or if a compelling reason arises for which the System Mapping Academy is not responsible (e.g., sudden illness of the speaker, when the speaker cannot be replaced, force majeure). In this case, any previously paid participation fees shall be refunded in full. Further liability and compensation claims are excluded, except in the case of malicious intent or gross negligence. Participants are asked to take this into account when booking hotels, flights or rail travel.
2.5 Modification Agreement
The System Mapping Academy is entitled to make any necessary changes before or during a workshop/program affecting content, methodology or organization, insofar as these do not significantly change the benefits of the specific workshop/program for the participants. The System Mapping Academy is entitled to replace the original speaker with a substitute speaker if necessary (e.g., in case of illness or accident) who is equally qualified with regard to the specific topic.
2.6 Liability for Contents and Lost Items
The workshops/programs are prepared by the System Mapping Academy and its speakers to the best of their knowledge and ability. The System Mapping Academy accepts no liability or guarantee for the correctness, topicality, completeness, and quality of their contents. The System Mapping Academy also bears no liability for the loss or damage of items brought to the premises, unless the loss or damage of these items arises from the gross negligence or willful conduct on the part of the System Mapping Academy.
2.7 Prohibition of Customer-Side Data Carriers
Principally, data carriers brought in by participants may not be uploaded to the computers of the System Mapping Academy. In the case of any damages arising as a result of an infringement, System Mapping Academy reserves the right to assert claims for damages.
3. Formats for Organization (e.g., in-house workshops, consulting, moderation, coaching)
3.1 Remuneration
The amount of remuneration and the reimbursement of out-of-pocket expenses are agreed upon in the contract. Quoted prices do not include statutory VAT and are subject to the costs of travel and accommodation of coaches at workshops held outside of Berlin. The premises shall be equipped with materials as required by the Systemic Design methodology. A material list will be provided in advance by the System Mapping Academy upon request.
3.2 Cancellation of Workshops
If a workshop is cancelled four weeks prior to the start of the scheduled date, 50% of the total price will be charged. If cancellation occurs from two weeks prior to the scheduled date, 100% of the total price will be charged. Travel expenses incurred for journeys booked in vain (train, flight, hotel) will also to be refunded against proof that cancellation occurred at least two weeks before the date of the scheduled workshop.
3.3 Travel Expenses
Travel expenses are considered all expenses directly arising from a business trip. These include travel costs, overnight accommodations as well as proven or credible additional costs. Travel expenses are calculated as follows: flight costs (economy class), rail costs (2nd class), rental car/taxi costs; overnight accommodations and other travel expenses are calculated against an invoice.
08.10.2021