Franke Kaffeemaschinen AG, Franke-Strasse 9, 4663 Aarburg, hereinafter referred to as “Franke,” offers a wide range of training courses and workshops, hereinafter referred to as “Course.” These General Terms and Conditions regulate the rights and obligations between Franke and the course participant, hereinafter referred to as the “Participant.” By enrolling for the course, you accept the following terms and conditions.
The scope of services, course content and number of participants are described in the respective course announcement. Franke reserves the right to change and/or redefine the described services at any time, provided that this seems reasonable for the Participant.
Franke has the right to hire third parties to perform the agreed service or parts thereof.
After completing the Course, the Participant can be issued a certificate of participation by Franke upon request. This certificate of participation is included in the scope of services of the Course.
Registration for a selected course can be carried out electronically via the corresponding website, in writing by e-mail, or by telephone. The agreement between Franke as the course organizer and the Participant takes effect when the registration confirmation is sent by Franke. The number of participants per course is limited and registrations will be accepted in the order in which they are received.
The participation fee can be found on the website. The invoice amount is to be paid by the payment deadline specified on the invoice, at the latest by the day of the Course. If the payment is not received by Franke by this deadline, Franke shall have the right to exclude the Participant from the Course with full consequential costs.
Franke reserves the right to cancel the course date or to reschedule it while maintaining the same conditions if there is an insufficient number of participants. Franke shall inform the Participant of the cancelation of the course date by two weeks before the published course date at the latest. In such a case, the Participant shall be entitled to have the course fees waived or returned but is not entitled to reimbursement for travel, accommodation, or food expenses, nor to reimbursement for lost income.
If a Course must be canceled on short notice for urgent reasons such as an illness or accident on the part of the instructor, due to the failure of the infrastructure and/or systems required for the course, or due to force majeure, the Participant shall be entitled to have the course fees waived or returned but is not entitled to reimbursement for travel, accommodation, or food expenses, nor to reimbursement for lost income.
Course registration is binding. If the Participant is prevented from attending, the Participant may reschedule or cancel a booked course in writing by e-mail under the following terms and conditions, whereby the rescheduling or cancelation must be confirmed in writing by Franke:
- by 30 calendar days before the start of the Course: free
- less than 30 calendar days before the start of the Course: 50% of the course fees
- less than 14 calendar days before the start of the Course: 100% of the course fees
- truancy: 100% of the course fees
No cancelation/rescheduling fees shall be charged if the Participant finds a replacement participant who assumes the costs of the course fees in full.
Any previous knowledge required can be found in the respective course announcement on the website. In order to successfully learn the desired content, the Participant is required to ensure that this requirement is met.
The instructions of the course instructor shall be observed and followed. Franke makes an effort to ensure the availability and functionality of the provided infrastructure and/or systems during the Course. However, Franke assumes no liability for direct, indirect, or subsequent damage should the functionality or availability of the infrastructure be insufficient or should it be impossible to hold the Course in its entirety for this reason. Franke does not guarantee that the Participant will personally successfully pass the test either.
Franke makes an effort to provide correct and updated course documents. However, Franke does not assume any liability whatsoever for the correctness or completeness of the information contained or referenced in the documents.
The Participant is personally responsible for sufficient accident insurance. Franke disclaims any liability in this regard. Franke is not liable for the theft or loss of property in its buildings.
Franke reserves the right to commercially exploit the Course and to communicate the shared experiences on the internet, on social media, and in Franke publications. The Participant hereby agrees that all global rights of use to the recordings (visual recordings, i.e. photos and video recordings, and/or audio recordings) are irrevocably transferred to Franke for any use for a duration of up to two years from the date of the recording. This assignment of rights authorizes Franke to exercise the exclusive rights of use and exploitation to the created recordings for internal and external communication (including on the internet, on social media, and in Franke publications). After the two years have passed, Franke or the hired third party may no longer make new use of the created recordings, but already existing publications do not need to be stopped or withdrawn.
There is no special remuneration for the assignment of the above rights.
The Participant may withdraw this consent at any time but already existing publications shall not be affected by this.
All documents used and applied for the course are protected by copyright. The originator retains the rights to them unless otherwise noted by Franke. Any dissemination, duplication, or processing of them requires the prior written consent of the originator or of Franke.
The personal data of the Participant shall be collected and processed by Franke in accordance with Swiss data protection legislation. Franke uses the personal data of the Participant for the processing of the contractual relationship, for customer care, for marketing purposes, and to regularly inform the customer about new products and offers from Franke as well as to improve the products and services. Article 8 applies for photos and video recordings.
Franke may also transfer the data of the Participant to other Franke companies for the purposes specified above.
Swiss law applies for these terms and conditions to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The competent courts of Aarburg have jurisdiction for all disputes resulting directly or indirectly from the contractual relationships for Franke as well as for the Participant. Franke has the right to file claims against the Participant in the jurisdiction of the Participant’s place of residence.