General Terms & Conditions for Events

1 Scope and subject matter of the contracts

1.1 These General Terms and Conditions of Contract (GTCTC) govern the terms and conditions for events and courses (hereinafter collectively referred to as ‘events’) conducted by Checkmk GmbH (‘Checkmk’). The GTCTC shall also apply if no express reference is made to them in a specific case.

1.2 The services of Checkmk in each case include the components described in the event overview.

1.3 Unless otherwise expressly stipulated, a contract for participation in an event shall be binding upon receipt of the confirmation of participation, but no later than upon commencement of participation.

1.4 Checkmk reserves the right to prescribe hygiene plans and health protection measures for events that go beyond the respective applicable legal or official regulations (e.g. ‘2G+’ in the context of the Corona pandemic). The customer will in each case be informed in good time of such requirements, e.g. via the website for the event.

1.5 Unless expressly agreed otherwise in individual cases, travel and accommodation services are not covered by the contract; the customer themselves are responsible for all such services.

2 Cancellation by the client

2.1 Unless otherwise agreed in individual cases, the customer may cancel their participation in events in accordance with the following conditions:

• Cancellation is free of charge if the customer informs Checkmk of the cancellation request in writing at least 6 weeks before the planned event.
• In case of cancellation up to 3 weeks before the scheduled event, 50% of the respective fees for the event will be charged.
• In the event of cancellation less than 3 weeks before the planned event, Checkmk may require payment of 90% of the respective fees for the event.

2.2 In individual cases, Checkmk may allow the customer to substitute a participant at an event instead of cancelling a booking.

2.3 Fees already paid in advance will be refunded accordingly, if necessary, on a pro rata basis.

3. Cancellations and changes by Checkmk / force majeure

3.1 If the planned number of participants has not been confirmed at least 14 days before an event, Checkmk may cancel an event.

3.2 In addition, Checkmk may cancel events on serious grounds (e.g. illness of the event leader) or if an event could not be held or could not be held in a meaningful way due to force majeure (e.g. war, riots, strikes, extreme weather events, as the result of a pandemic or other circumstances beyond the control of the parties).

3.3 Fees already paid in advance will be refunded accordingly, if necessary, on a pro rata basis.

3.4 As an alternative to termination in accordance with section 3.2, Checkmk may convert a face-to-face event into a digital format with remote participation.

3.5 Checkmk may substitute scheduled event presenters with alternative event presenters, provided that this is not unreasonable for the client.

4 Remuneration and invoicing

4.1 All charges are shown in the contract.

4.2 All prices are net plus the statutory value-added tax at the current applicable rate.

4.3 Invoices from Checkmk are due immediately upon receipt and must be paid within fourteen (14) days. Unless otherwise agreed in individual cases, payments shall be made by bank transfer.

4.4 The statutory provisions shall apply to default of payment.

5. Data protection

The parties shall comply with the relevant data protection requirements in connection with an event. In particular, Checkmk will inform the participants at events on the processing of personal data in accordance with the legal requirements, e.g. before image or film material is created at events.

6. Rights regarding the use of event materials

The customer is granted simple, non-transferable rights for the use of the event materials made available for the personal use of the participants. In particular, it is not permitted to change the content or editorial content of the event materials – even in part – or to use modified versions, to copy them for third parties, to make them publicly accessible or to forward them, to post them on the Internet or other networks, whether for a fee or free of charge, to imitate them, to resell them or to use them for commercial purposes. No copyright notices, marks or trademarks may be removed. All of the aforementioned provisions of this clause 6 also apply to the recording of images and sound of the event by participants; these are only permitted with the prior consent of Checkmk.

7. Limitation of liability

7.1 Checkmk is only liable for damages arising from minor negligence if these are due to essential breaches of duty that endanger the achievement of the purpose of the contract, or to the breach of duties whose fulfillment makes the proper execution of the contract possible in the first place.

7.2 In such cases covered by clause 7.1, Checkmk's liability shall be limited to the foreseeable damage typical for the contract.

7.3 For such cases covered by clause 7.1, the liability of Checkmk is limited to the amount of the respective fee for the event or training course.

7.4 Except in the case of the assumption of a guarantee, in the case of damage caused intentionally or by gross negligence or fraudulently concealed defects or in the case of personal injury, the above limitations of liability shall apply to all claims for damages and reimbursement of expenses irrespective of their legal basis, including claims in tort.

7.5 The above limitations of liability shall also apply in the event of any claims for damages against employees or agents of Checkmk.

8. Final provisions

8.1 The contract, including these GTCS, contains all agreements of the parties regarding the subject matter of the contract and replaces any existing earlier agreements. Deviating, conflicting or supplementary terms and conditions stipulated by the customer will only become part of the contract if and insofar as Checkmk has expressly agreed to their validity. This requirement of consent applies in all cases, for example, even if Checkmk provides services to the customer with knowledge of the customer's General Terms & Conditions.

8.2 Changes and additions to the contract including these General Terms & Conditions are only effective if the corresponding declaration on the part of Checkmk is made in writing; this also applies to a waiver of the written declaration requirement.

8.3 Should individual provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Rather, the parties undertake to replace the invalid provision with a valid provision that approximates as closely as possible the economic intent of the invalid provision.

8.4 Offsetting by the customer is only possible with an undisputed or legally established counterclaim.

8.5 German law shall apply, with the exception of its regulations regarding the applicable law, which would lead to the application of another legal system. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

8.6 The exclusive place of jurisdiction for all disputes arising from or in connection with the contract, including the validity of the contract, is Munich, as far as legally permissible. Checkmk also reserves the right to take legal action against the customer at the customer's registered business location.