AVB
General contract conditions
The following contractual provisions (hereinafter “AVB”) apply to all contracts concluded between Antonino Rizzo, Heerstraße 65, 70563 Stuttgart, web: fussball-expertise.de, Tel. +49 1722645927 (hereinafter “AR”) and those in §1 ( 2) designated customers (hereinafter “customer”) regarding the use of the following services: §1 SCOPE, DEFINITIONS. The following General Terms and Conditions apply exclusively to the contractual relationship between AR and the customer in the version valid at the time the contract is concluded. Differing contractual conditions of the customer will not be recognized unless AR expressly agrees to their validity in writing. AR's services are aimed at private customers. Private customers are the legal representatives of the participating students. §2 RESERVATION OF CHANGES. AR is entitled to change these General Terms and Conditions with a reasonable notice period. AR only has this right if the change is reasonable for the customer, taking AR's interests into account. AR will inform the customer of the changes in text form at least six weeks before they take effect. If the customer does not agree with the changes, he or she can object to them. In the change notification, AR informs the customer of his right to object and that the change is considered approved if he does not object in writing within a period of one month from receipt of the change notification. §3 REGISTRATION. The use of AR's services requires online registration. The customer is obliged to provide the data requested when registering correctly and completely. The customer commissions AR to carry out the services described in more detail in the order form or offer letter on the basis of these General Terms and Conditions. The offer letter also describes the location of the training, the training objectives and the name of the trainer carrying out the training. The fee for the booked service will be invoiced to the customer in advance and will be due. Invoice amounts are due in full for payment to AR on the payment date specified in the invoice. The decisive factor for the timeliness of payment is receipt on the account specified in the invoice. The order form or offer letter is the binding offer (hereinafter “offer”) from AR to conclude a framework agreement. The contract is concluded when the customer accepts this offer. Lesson cancellation: If the participant cancels at short notice, the lesson will be canceled without replacement. If the trainer cancels the lesson, it will be rescheduled in any case. Annual contracts: There are no lessons on public holidays or during school holidays in the affected federal state. Exceptions can be agreed upon individually. This regulation does not apply to courses that are designed for a number of training units. Changes and additions are only validly agreed if they are made in writing. §5 RIGHT OF WITHDRAWAL FOR CONSUMERS. [SEE RIGHT OF CANCELLATION] §6 FREElance EMPLOYEES TRAINERS. AR is entitled to involve third parties (hereinafter “freelance employees”) to provide the service and to commission them as vicarious agents. §7 COMPENSATION. AR’s remuneration depends on the order or the cost estimate approved by the customer. If an order is placed before the course begins, an advance payment of the full spa fee is due. AR can make the start of the provision of services dependent on receipt of the deposit. All AR services include statutory sales tax of 19%. The program fee must be paid within 7 days of order confirmation. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay AR default interest of 9 percentage points above the base interest rate. The customer's obligation to pay interest on arrears does not exclude the assertion of further damages by AR. The customer can only offset AR's claims against undisputed or legally established claims. §8 LIABILITY FOR OWN FAULT INCL. LEGAL REPRESENTATIVES AND FREElance EMPLOYEES TRAINERS. AR's liability for damages is limited to the extent that fault is involved, in accordance with the following provisions: AR is not liable in the event of simple negligence, unless it involves the violation of an essential contractual obligation, i.e. an obligation whose fulfillment the proper execution of the contract is made possible in the first place and on whose compliance the contractual partner regularly trusts and can rely. To the extent that AR is fundamentally liable for damages based on the above, this liability is limited to foreseeable, contract-typical damage. The aforementioned restrictions do not apply to AR's liability due to intentional behavior, injury to life, body or health or under the Product Liability Act. AR remains open to the defense of contributory negligence. To the extent that AR's liability is excluded or limited in accordance with the above, this applies to the same extent in favor of AR's bodies, legal representatives, employees and other vicarious agents. Participation in training events may require personal requirements of the participants (e.g. age, state of health, etc.), which the customer is responsible for meeting. AR separately points out the existence of special requirements for special events, unless these arise from the nature of the matter (e.g. no participation in training while intoxicated or under the influence of drugs; ability to swim, etc.). Training in the soccer court and outdoor areas is generally carried out in all weather conditions. In the event of weather-related danger to the life and limb of participants (e.g. hurricane-like storm or pitches not being playable due to weather conditions, etc.) or in other cases of force majeure, AR is entitled to cancel services that cannot be carried out or even the entire training. AR is not liable for non-fulfillment or for damages due to cancellations as a result of force majeure. AR has the right at any time to cancel events without replacement if the required number of participants is not reached before they begin. If the parties cannot agree on an alternative date, customers will receive a full refund of any fees they have already paid. Further claims by the customer, in particular those for damages or reimbursement of useless expenses due to their own fault, are excluded. AR is in no way liable in connection with the arrival and departure of customers for training and/or trips or accommodation during trips, which are always at the customer's own risk and expense (own travel and the customer's own organization of accommodation). In particular, AR does not provide any services of a travel contract nature, since AR only provides training and education/training services as part of football trips. Outside of the units, training courses or workshops, AR does not assume any supervisory duties over customers (particularly underage ones). As part of so-called football trips, contractual obligations and/or supervision obligations only exist during daily training sessions. Liability for third-party negligence in (arranging) the services of third parties: If AR's services are limited to the mediation of other companies, AR is not liable for the success of the mediation (i.e. the conclusion of a contract between the customer and the brokered company) or for the proper provision of the brokered services by the brokered company, but is solely liable for the careful selection of the brokered company. The provisions under (9) apply accordingly with regard to AR's liability for the careful selection of the brokered company. If a company called in to carry out the services or training is not placed, but instead acts as a subcontractor or vicarious agent of AR, the regulations in section (5) apply. directly.