General Terms and Conditions

These general terms and conditions govern the contractual  relationship between the customer (either an individual participant in an ESMT program or the company that sends the participant) and ESMT GmbH.
Changes or ancillary agreements require prior confirmation in textual form by ESMT in order to be effective and apply only to the respective individual transaction. Conflicting terms and conditions of the customer shall not be recognized, even if they are not expressly objected to.
Information on individual programs such as target groups, course venues, and tuition fees can be found in the relevant annual program.

1. Application/confirmation
In order to participate in a program, the customer is asked to fill in and sign the online application form, and return it to ESMT via e-mail: programs@esmt.org.
After a thorough evaluation, ESMT will notify the customer of an acceptance by letter. This notification will then constitute a binding contract.
By signing the application form, the customer confirms the acceptance of these general terms and conditions. Because our educational processes build on extensive group work and in-class participation, admission to the program requires full attendance. This also applies to programs divided into several modules.
To optimize learning outcomes, specific specialist qualification and/or professional experience are essential for some programs. ESMT therefore reserves the right not to accept registrations in justified individual cases. This also applies to the appointment of substitute participants.

2. Cancelation policy
Course registrations must be canceled in textual form. Where the participant is unable to attend, and is not in position to transfer his/her place to another person, the following cancelation charges apply: registrations canceled 56 days or more before the event will not be charged; cancelations received in fewer than 56 but more than 28 days before the event will be charged at 25 percent of tuition fees; registrations canceled in fewer than 28 but more than 14 days before the event will be charged at 50 percent of tuition fees; registrations canceled within 14 days before the event or fewer will be charged at 100 percent of tuition fees; 100 percent cancelation charges also apply in case of failure to attend the program without prior notice. In case a substitute is nominated, please contact us in a timely manner.
ESMT may cancel events at short notice if the minimum attendance is not met or any other complications occur that are beyond ESMT’s control (e.g., illness of the speaker/trainer, force majeure). In such cases, ESMT will seek to establish an alternative date. If ESMT cancels the event, fees that have already been paid will be reimbursed. Further legal claims, for example reimbursement of job absenteeism, travel costs, or hotel expenditures, will not be met. ESMT is under no obligation to offer the same program in the future.

3. Right of Cancellation
Where the customer is a consumer within the meaning of § 13 BGB [Bürgerliches Gesetzbuch – German Civil Code], he is entitled to a right of cancellation as described below:
You have the right to cancel this contract within fourteen days without specifying reasons. The cancellation period amounts to fourteen days from the date of conclusion of the contract.
In order to exercise your right of cancellation, you must inform us – ESMT European School of Management and Technology GmbH, Schlossplatz 1, 10178 Berlin [Admissions Office, Tel. +49 30 21231 3130, Fax +49 30 21231 3131, E-mail: programs@esmt.org] – by means of an unambiguous declaration (e.g., a letter sent by post, fax or e-mail) of your decision to cancel this contract. For this purpose, you may use the specimen cancellation form available on this page (pdf file in the side bar), but this is not compulsory.
In order to comply with the cancellation period, it is sufficient if you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation
If you cancel this contract, we have to refund all payments which we have received from you, including the delivery costs (with the exception of any additional costs which arose through your having selected a different mode of delivery than the cheapest standard delivery offered by us). The refund will be made promptly and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund, we will use the same means of payment as you used in the original transaction unless otherwise expressly agreed with you; in no case will you be charged any fee in connection with this refund.
If you have requested that the services commence during the cancellation period, you have to pay us a reasonable amount corresponding to the proportion of services already provided up until the point in time when you notify us of the exercise of your right of cancellation of this contract compared with the overall scope of the services envisaged under the same.

4. Tuition fees and terms of payment
Tuition fees are based on information contained in our annual program. They do not include accommodation costs. Tuition fees are due on the first day of the course.

Program prices are net prices. Value-added tax will be added where it is legally required. Deductions for items such as banking fees, withholding taxes, or cash discounts for prompt payment are not possible. According to Art. 132 (1) i of the Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, this service is exempt from VAT.

Where required, customers are responsible for the declaration and payment of any taxes due in their country, according to the relevant domestic rules.

5. Copyright
The course documentation and presentations are protected by copyright. Any reproduction, passing on to third parties, or use other than for the participant’s personal information purposes is only allowed with prior consent in textual form of ESMT.

6. Liability
ESMT selects qualified course speakers and trainers. ESMT shall not be held liable for the accuracy, timeliness, or completeness of course content and documentation, or for participants achieving a desired learning outcome. ESMT also does not accept liability for any consequential losses resulting from inaccurate and/or incomplete course content. ESMT’s liability is limited to deliberate actions, gross negligence, and breach of essential contractual obligations. Losses must be those reasonable and customary for a course and must be foreseeable. Participation in an ESMT program is at the participant’s own risk.

7. Data protection
Personal customer data shall be treated as confidential and used only in accordance with provisions related to data protection law. Data submitted by the customer shall be stored in our customer database. Said data will be processed and used for the purpose of performing the agreement, and – insofar as necessary – for passing on to service providers commissioned for these purposes, as well as program-specific purposes, such as ranking procedures, and statistical evaluations. Unless otherwise requested, the customer shall in the future receive information on course programs and other events by ESMT. Consent to this may be withdrawn at any time by sending an e-mail to programs@esmt.org.

8. Provisions on using the IT infrastructure
The provisions of the ESMT IT policy, which are displayed and to be agreed upon during the login process, shall apply to students and course participants.

9. Place of fulfillment and jurisdiction
As far as legally permitted, place of fulfillment and jurisdiction is Berlin for both parties. German law shall be applicable exclusively.