General Terms and Conditions of ma-co GmbH

Part A: Terms of Participation and Organizational Information for Seminars and Trainings

1. Registration

Registration must be submitted in writing, i.e. by fax, email, or via the ma-co website. Telephone registration is not possible. It must include the participant's full name, the complete company and billing address together with a telephone number, the email address, and an indication of whether the seminar is being booked as a corporate customer or as a private individual. You may register up until the start of the course, subject to available capacity. Registrations are processed in the order received. After we receive your written registration, you will receive an email confirmation of receipt. You will then receive a registration confirmation/invitation, which also includes ma-co's General Terms and Conditions. Only at that point does a legally binding contract come into existence. Invoicing takes place together with the registration confirmation/invitation.

To enable effective work within the seminar/course and allow the instructor to address each participant individually, the number of participants is generally limited. We reserve the right, for organizational or pedagogical reasons, to decline registrations, or to relocate, postpone, or cancel events. Any course fee already paid will be refunded in such a case. No further claims exist, except for the liability set out under item 10. In particular, claims for damages arising from cancellation fees for travel or hotel costs are excluded.

2. Withdrawal and Termination

Upon receipt of the registration confirmation/invitation, the registration becomes binding, and ordinary termination is thereafter excluded. For operational or personal reasons, you may withdraw free of charge by written notice, which must reach ma-co no later than 14 calendar days before the start of the course/seminar. In the event of withdrawal up to 7 calendar days before the start of the course/seminar, a cancellation fee of 50% of the course fee applies. A later withdrawal, or failure to attend the course/seminar, does not release the participant from the obligation to pay the full fee for the booked course/seminar. Substitute participants may be sent to attend the booked event.

The right to extraordinary termination for good cause pursuant to Section 626 of the German Civil Code (BGB) remains unaffected.

3. Fees

The fee becomes due for payment on the first day of the course/seminar.

4. Requirements for Participation

In principle, anyone who meets the requirements stated in the course announcement may participate in ma-co's events. For all technical courses (practical training on equipment such as forklifts, cranes, etc.), the person registering confirms by signature that the registered participant has undergone an occupational medical examination in accordance with Principle G 25 (for driving, control, and monitoring activities) of the relevant employers' liability insurance association (Berufsgenossenschaft), and that no health concerns or restrictions exist.

For participants in the maritime shipping sector: a valid certificate of fitness for sea service must be presented at the start of the course. Otherwise, participation may be excluded.

5. Additional Services

Travel costs to and from the venue are not covered by the organizer. Unless expressly stated otherwise in the seminar/course description, accommodation is not provided and is not included in the course fees. The same applies to meals and beverages.

6. Obligations of Participants

ma-co provides participants with prepared course materials exclusively for personal use, in part already during the preparation phase and also for follow-up work. All rights remain with ma-co. Reproduction or distribution — even in extracts — is only permitted with ma-co's written consent.
All events are designed to call for active participation from attendees, who therefore share responsibility for the overall success of the course.

7. Course Location

Please refer to the registration confirmation/invitation for the event location.

8. Course Hours

Please refer to the registration confirmation/invitation for the seminar/course times, particularly with regard to arrival and departure.

9. Completion/Examination

For various courses, tests or assessments are carried out. These serve, among other things, internal pedagogical purposes. Upon successful completion, participants receive a certificate (ID card/certificate of attendance).

10. Liability

Claims by participants for damages, regardless of legal basis, are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from breach of material contractual obligations, nor to other damages resulting from an intentional or grossly negligent breach of duty by ma-co or its legal representatives or vicarious agents.
Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In the event of a breach of material contractual obligations, ma-co is liable only for foreseeable damage typical of this type of contract where such damage was caused by simple negligence, unless the claim concerns damages arising from injury to life, body, or health.
The limitations set out above also apply for the benefit of ma-co's legal representatives and vicarious agents where claims are asserted directly against them.

11. Data Protection – Consent

Participants consent to the electronic storage of their data. ma-co is accordingly entitled to collect, store, and process the participant's personal data as required within the business relationship. Data necessary for the business relationship are stored in strict compliance with the General Data Protection Regulation and other applicable statutory provisions. Participants may request information about their stored data at any time. Disclosure of the data to third parties is excluded.

12. Governing Law/Jurisdiction

German law applies. Where the participant is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law, or a special fund under public law, Hamburg is agreed as the exclusive place of jurisdiction for all disputes arising from the contractual relationship or in connection with these terms. This also applies where the participant has no general place of jurisdiction within Germany.

13. Miscellaneous

Should any provision of these General Terms and Conditions and/or of the contract supplemented by them be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a provision shall be deemed agreed that comes closest to the economic purpose of the invalid provision.

Part B: Terms of Participation and Organizational Information for Further Training Courses and Other Measures Funded by the Employment Agency/Job Center (Measures under SGB II/III)

1. Course Offering and Fees

The course content corresponds to the course offering valid at the start of the course. Statutory provisions and requirements for publicly recognized qualifications (framework curricula and examination regulations) are complied with.

Changes to the location and schedule of individual sections, as well as reasonable changes and additions to the course structure, are reserved. Achieving the course objective takes priority and is the decisive factor.

Advertised courses may be cancelled in the event of insufficient participation or for other significant reasons for which ma-co is not responsible. If a course is cancelled, participants will be notified and any participation fees already paid will be refunded in full. Claims for damages are excluded, except for the liability set out under item 7.

The participation fees correspond to the amounts specified in the respective course offering.

2. Requirements for Participation

ma-co decides on course participation based on the binding access requirements for the intended course.

3. Registration and Withdrawal

Registrations are processed in the order in which they are received.

Withdrawal from the course is only possible free of charge before the course begins. It must be declared in writing to the responsible training institution and is possible up until the start of the measure.

4. Termination

Unless otherwise agreed, the following provisions apply:

The course may be terminated with six weeks' notice — for the first time to the end of the first three months, and thereafter to the end of each subsequent three-month period — without stating reasons. For measures divided into sections shorter than three months, termination is possible at the end of each section.

Termination must be made in writing to the training institution at which the participant registered.

Non-attendance at classes does not constitute termination.

In the event of termination, participation fees are calculated up to the termination date. Without proper termination, the obligation to pay the full participation fee remains in effect.

The right to extraordinary termination for good cause within the meaning of the law remains unaffected.

Participants have the right to terminate free of charge at any time upon taking up employment.

5. Completion/Examination

The course concludes with one of the following:
issuance of a certificate of attendance or a certificate;
an assessment or final examination;
admission to a final examination conducted by an external examining body, such as the Chamber of Industry and Commerce (IHK).

A passed assessment or final examination is certified to participants by means of a certificate or diploma.

6. Additional Services

If an internship is agreed as part of the course, suitable internship placements will be arranged in consultation between the participants and ma-co.

Room reservations made by ma-co on behalf of participants are directly binding on the participants. A reservation contract is thereby formed between the participant and the accommodation provider. Participants must therefore make any changes or cancellations themselves, in writing.

Teaching and learning materials, and where applicable, work clothing, are provided free of charge.

7. Liability

Claims by participants for damages, regardless of legal basis, are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from breach of material contractual obligations, nor to other damages resulting from an intentional or grossly negligent breach of duty by ma-co or its legal representatives or vicarious agents.
Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In the event of a breach of material contractual obligations, ma-co is liable only for foreseeable damage typical of this type of contract where such damage was caused by simple negligence, unless the claim concerns damages arising from injury to life, body, or health.
The limitations set out above also apply for the benefit of ma-co's legal representatives and vicarious agents where claims are asserted directly against them.

8. Miscellaneous

Should any provision of these terms and/or of the contract supplemented by them be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, a provision shall be deemed agreed that comes closest to the economic purpose of the invalid provision.