​1. Scope

1.1 These General Terms and Conditions ("GTC") apply to all business relationships between Michaela's, Keizersgracht 96, 1015CV Amsterdam (hereinafter "we") and consumers as well as entrepreneurs. Business relationships can be established by phone, email, contact form, messenger, or via the website.
 

1.2 Translations: Translations into other languages are provided for information purposes only. In the case of differences in language use, the German text takes precedence.

1.3 Exclusivity: These GTC apply exclusively in their respective current version. Opposing or differing conditions of the customer are not recognized unless we have expressly agreed to their validity in writing or in text form.

1.4 Please read these GTC carefully before registering or booking a workshop. By registering or booking, you confirm that you have read, understood, and accepted these GTC.

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2. Applicable Law 

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2.1 Applicable Law: As agreed, disputes arising from or in connection with these GTC shall be governed by the law of the Netherlands, excluding its conflict of laws rules and the UN Sales Convention.

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3. Subject of the Contract and General Notes

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3.1 Services: We offer health-promoting services, including workshops, seminars, and cooking courses. Our workshop content aims to support your business and promote the health of your employees.

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3.2 Changes Reserved: The company reserves the right to change workshop content, dates, and locations at its own discretion. However, we will endeavor to communicate changes in a timely manner.

 

3.3 Certain courses have minimum and maximum participant numbers, which can be found on the respective offer on the website.

 

3.4 It is possible to make a direct and binding course booking via links on the website, by email, by mail, or by telephone. The course booking constitutes a legally binding offer to conclude a contract for participation in the respective course. Bookings are processed in the order of their arrival, always considering available places. Upon conclusion, the company/participant will be sent a registration confirmation and the corresponding invoice. This registration confirmation also represents the acceptance of the booking, so that a legally binding contract for participation in the respective course is only concluded upon receipt of the registration confirmation.

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4. Payment

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4.1 Prices: The prices at the time of ordering a product (online program, online course, event ticket) apply. Discount or promotional offers are time-limited or quantity-limited and do not establish a claim to these prices.

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4.2 Payment Terms: The course fee must be paid before the start of the course (prepayment). Payment of the course fee is made by transfer. Cash payments are only possible in exceptional cases and must be agreed upon in person. The fees for our workshops are considered a flat-rate offer and are exclusive of VAT.

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4.3 Other Costs: Additional costs, such as food, travel, and other expenses arising in connection with the workshop, are listed in the offer and are borne by the participants.

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4.4 Installment Payment: Installment payments can be agreed upon request or availability in the booking process. The installments are withdrawn immediately and without written notice.

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4.5 Suspension in Case of Non-Payment: In case of non-payment, we reserve the right to temporarily or permanently block access to the services. The customer has no right to retain payments against our payment claims and can only offset with undisputed or legally established counterclaims.

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5. Disclaimer

5.1 Recommendations: Our online programs contain recommendations for action, but no guarantees for specific results.

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5.2 Health Risks: The company is not liable for health problems or injuries that occur during or after the workshops. Customers should consult their doctor before participating in physically demanding workshops.

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5.3 Claims for damages by the participant are excluded. This does not include claims for damages from the participant resulting from injury to life, body, or health.

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5.4 The participant undertakes to notify us in writing by email of any existing health restrictions, diseases, allergies, intolerances, etc., that could endanger him or other participants of the course before the start of the course. However, we assume no liability for resulting injuries or impairments.

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6. Data Protection & Confidentiality

6.1 Data Collection and Processing: We collect, store, and process personal data only for the purpose of contractual performance and in accordance with legal regulations.

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6.2 Confidentiality: Information, concepts, content, and know-how exchanged or disclosed within the scope of this agreement and our products are subject to strict confidentiality. Personal data is treated confidentially and not disclosed to third parties unless required for contract fulfillment or due to legal obligations.

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6.3 Confidentiality Obligation: The customer commits to strict confidentiality and must not disclose confidential information to third parties.

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6.4 Purpose of Use: Confidential information may only be used for the purpose of this agreement.

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6.5 Continuation: The confidentiality obligations also continue after the termination of this agreement.

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7. Intellectual Property

7.1 Copyright: All content, materials, and resources provided during our workshops are copyrighted by the company. Customers may not copy or distribute these materials without written permission.

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8. Termination

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8.1 Termination by the Company: The company may terminate a customer's participation in workshops at any time for a significant reason, including serious breaches of these GTC. Notification will be provided in a timely manner via email or phone. This is particularly the case if the minimum number of participants is not reached, if there is a short-term illness-related absence of chefs or other personnel essential for the course, or in cases of force majeure. If the minimum number of participants is not reached, the event is usually cancelled no later than 2 days before the course begins. There is no claim for compensation for expenses incurred as a result. Other claims against the cooking school are not derived from this.

If a course date has to be cancelled, a full refund of the course fees already paid will be made. The refund will be transferred to an account specified by the participant in writing.

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8.2 Termination by Customers: Customers may cancel their participation in workshops according to the company's GTC. The conditions set in the cancellation policy apply.

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9. Cancellation Policy

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Cancellations of booked courses must be made in writing by email to mayr.michaela@gmx.at. Messages on WhatsApp, SMS, Facebook Messenger, or voicemail are not recognized. The cancellation becomes effective on the day it is received by the organizer.

Cancellation conditions depending on the timing of the cancellation:

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• Cancellation up to 30 days before the course begins: The entire course fee already paid will be refunded.
   

• Cancellation up to 15 days before the course begins: 25% of the course fee will be retained. 75% of the course fee will be refunded. Invoices already issued and not yet paid must be paid at this rate.
   

• Short-term cancellation less than 7 days before the course begins or non-attendance on the course date: 100% of the course fee will be retained, no refund will be made. Invoices already issued and not yet paid must be paid in full.

 

Without written cancellation, neither a refund of the course fee nor a rebooking to another course is possible. A refund can only occur if a previous course has not already been cancelled and rebooked.

 

A rebooking is only possible to a course of equal or greater value. A refund of the course fee in cash can only occur within a year after the payment is received. After this period, the course fee can only be rebooked to another course. If the refund occurs after a business year, a booking expense of 50% of the course fee will be charged.

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10. Changes to these GTC

10.1 These GTC can be changed if there is a substantive reason for the change. This could be, for example, changes in laws, changes in jurisprudence, or a change in economic circumstances. We will inform you in good time about the planned changes. You have a 14-day right of withdrawal after being informed.

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11. Final Provisions

11.1 The terms and conditions written here are complete and conclusive. Changes and additions to these terms and conditions should be made in writing to avoid ambiguities or disputes between the parties over the agreed contract content – email suffices.

11.2 We would like to point out that in addition to the ordinary legal process, you also have the option of an out-of-court settlement of disputes according to Regulation (EU) No. 524/2013. You can find details about this in Regulation (EU) No. 524/2013 and at the internet address: http://ec.europa.eu/consumers/od