GENERAL TERMS AND CONDITIONS

Austria

GENERAL TERMS AND CONDITIONS FOR IN-HOUSE FACE-TO-FACE TRAINING COURSES

Price
In addition to the conduct of the training course, our prices also include the fee for the co-trainer (if planned), the special video technology, and extensive participant materials. The price only excludes equipment which is usually available in seminar rooms (pinboards, flip charts, screen, etc.). The price also includes extensive preparation and follow-up work, i.e.

Preparation: Including a briefing by phone with your trainer(s) and us sending you details of preparatory tasks and a questionnaire, approximately three weeks before the training program, to be forwarded to the participants.

Report: After the training course, you will receive a detailed closing report providing you with a summary of the most important aspects of the program from the perspectives of the participants, trainer(s) and institute.

The program price (excl. VAT), in addition to all additional services listed, applies to the maximum number of participants detailed in the offer or the training description. Every additional participant shall lead to a proportional increase in the price, whereby no-shows shall not serve as grounds for any price reduction.

Travel and accommodation expenses
The prices quoted do not include the associated travel, accommodation and board costs of the trainers (e.g. flights in business class, taxi or kilometre allowance: € 0.55 per km driven alone, € 0.65 per km driven in pairs, parking charges).

Travelling time of up to four hours to and from our trainings is included in the price. Additional hours will incur an extra charge of € 170.00 per hour/per trainer.

Flight bookings are made after confirmation has been placed in order to keep the costs as low as possible. Should the training be cancelled or postponed on your part, we will charge the already incurred costs for flights.

Material shipping for your participants: The costs for the parcel shipment of our training materials are not included in the training fee, we charge these costs additionally.

Weekend and public holiday surcharge
Our training courses can also be booked to take place on Saturdays, Sundays and public holidays, in which cases a fixed surcharge of € 750.00 per day shall apply.

Training facilities
An appropriate environment for the participants is also a key success factor for trainings. You are free to book the hotel or institute of your choice. You will receive detailed information from us with regard to what we need in terms of training rooms and equipment. In order to safeguard the high quality of our trainings, our trainers are entitled to cancel training courses on site (full cancellation charges apply) if the seminar rooms or equipment are not suitable. We are more than willing to help with training arrangements: from hotel recommendations to a training room checklist.

Changes
The agreed trainer(s) may not be available at short notice (e.g. due to illness). In such cases, we will appoint an alternative En GardE trainer upon consultation with you.

Copyright – you are free to make copies of everything, but …
... only for your personal use. The content and materials (e.g. techniques, tools, tips) provided by En GardE in the course of a training program are and remain the intellectual property of En GardE, are protected by copyright and are only available for personal use to those persons who have taken part in the relevant training program. Passing them on to third parties, as well as any form of commercial use (for example, as a trainer) are prohibited. Distribution or use, beyond training-relevant purposes, of En GardE know-how as well as training content and materials is subject to advance written approval from En GardE. Any kind of illegal use, modification, reproduction, distribution, or publication will result in legal proceedings.

Furthermore, all sorts of video and/or audio recordings of En GardE programs are prohibited.

Confidentiality
We work for different, sometimes competing companies. Our trainer team is bound to absolute confidentiality regarding any information (professional or personal) which is discussed during training programs. We therefore ask for your understanding that we do not provide clients with any information regarding the conduct or progress made by individual participants.

Terms of payment: Good personnel want to be paid fast ...
... and that includes our trainer team. Therefore: Our invoices are payable upon receipt, i.e. within eight days net and in full. In the event of late payment by the client, we reserve the right to levy interest on arrears at a rate of 10% p.a. In such cases, En GardE will issue a payment reminder for which an administration charge shall be imposed. Should the payment reminder be ignored, En GardE reserves the right to appoint debt collection agencies or lawyers to collect the amounts outstanding. Clients are obliged to cover the costs of the associated legal steps. All prices quoted in our program, on price lists and in offers are subject to the applicable rates of VAT as determined by Austrian law.

Cancellations
No one likes to cancel, and this can be just as inconvenient for you as the organizer of a training program as for us. As training courses are generally planned long in advance, it can be extremely difficult for us, in the event of cancellations, to find alternative assignments at very short notice, even for outstanding trainers. We therefore ask you to accept that the cancellation of a training course, once it has been booked, will entail costs in the following cases, regardless of the reason for the cancellation:

Cancellation conditions: From eight to four weeks before the beginning of the training program: 20%; four weeks to two weeks: 40 %; two weeks to eight workdays: 60%; thereafter 75% of the program price until one workday before the program, after which the full price will be due.

Jurisdiction
Although we are confident that there will be no need to resort to the courts, it is agreed at the time of booking a training course that any and all disputes arising in this context shall be settled before the competent court of law in Vienna.

When placing an order, either orally or in writing, you simultaneously and fully accept these terms and conditions unless explicitly agreed otherwise in writing. Austrian law applies.

GENERAL TERMS AND CONDITIONS FOR OPEN FACE-TO-FACE TRAINING COURSES

Registration and Fee
Your registration becomes binding for both parties with our registration confirmation. Our program prices are exclusive of taxes, room and board. Approximately 4 weeks prior to the program start you will receive information about the training location, pre-training preparation, as well as the invoice for payment due prior to the program start. In the event of an absence, the fee paid is non-refundable. Please ensure that you check the time and date of your training program stated in the confirmation letter.

Changes
The planning of our training courses takes place well in advance, so there is a chance that there may be a change in the date, location, trainer, or duration of the training (depending on the number of participants). We will inform you about possible changes as soon as possible.

Cancellation conditions
If you would like to cancel your registration more than 4 weeks prior to the program start then there is no cancellation fee. Thereafter the fee is 50% of the program cost, and less than 10 workdays before the program start the full fee is applicable. Please note: any kind of withdrawal, including illness and postponement, is considered as a cancellation. Naturally, if you are able to find a replacement who can take your place, all cancellation fees will be waived. Please make sure to inform us of cancellations only in written form.

Copyright – you are free to make copies of everything, but …
... only for your personal use. The content and materials (e.g. techniques, tools, tips) provided by En GardE in the course of a training program are and remain the intellectual property of En GardE, are protected by copyright and are only available for personal use to those persons who have taken part in the relevant training program. Passing them on to third parties, as well as any form of commercial use (for example, as a trainer) are prohibited. Any kind of illegal use, modification, reproduction, distribution, or publication will result in legal proceedings.

Furthermore, all sorts of video and/or audio recordings of En GardE programs are prohibited.

GENERAL TERMS AND CONDITIONS FOR OPEN WEB COURSES (WEBINARS | WEB TRAININGS | WEB LECTURES)

Registration and Fee
Your registration becomes binding for both parties with our registration confirmation. The invoice, which you will receive together with the registration confirmation, is payable upon receipt. Our program price is exclusive of taxes. Approximately 1 week prior to the program start you will receive information about the pre-training preparation. In the event of an absence, the fee paid is non-refundable. Please ensure that you check the time and date of your web course stated in the confirmation letter.

Changes
The planning of our open webinars/web trainings/web lectures takes place well in advance, so there is a chance that there may be a change in the date, trainer, or duration of the web course (depending on the number of participants). We will inform you about possible changes as soon as possible.

Cancellation by participant
If you would like to cancel your registration more than 4 calendar weeks prior to the program start then there is no cancellation fee. Thereafter the fee is 50% of the program cost, and less than 10 workdays before the program start the full fee is applicable. Please note: any kind of withdrawal, including illness and postponement, is considered as a cancellation. Naturally, if you are able to find a replacement who can take your place, all cancellations fees will be waived. Please make sure to inform us of cancellations only in written form.

Copyright
Following the web course, the participants will receive a pdf version of the slides used, for their documentation. The content and materials (e.g. techniques, tools, tips) provided by En GardE in the course of a training program are and remain the intellectual property of En GardE, are protected by copyright and are only available for personal use to those persons who have taken part in the relevant training program. Any additional, even company internal, use of these materials is not permitted, without exception. In particular, it is prohibited to use, to modify, to reproduce or to distribute training contents and materials, regardless of whether for free or commercial use, for example, as a trainer. Furthermore, all sorts of video and/or audio recordings of En GardE programs are prohibited. Any further right to use the training contents, especially to pass them on to third parties, is also explicitly prohibited. Any kind of illegal use of content and materials conveyed in the web course (e.g. techniques, tools, tips), as well as modification, reproduction, distribution, publication or disclosure to third parties will result in legal proceedings.

Data protection
We determine the technical web solution/virtual platform for open web courses in accordance with you. You/your participants will be invited to the web course by our trainer(s). We exclude liability for the compliance with data protection regulations by the chosen provider, as well as for direct or indirect damages caused by data leaks (e.g. hacking) or the like.

Confidentiality
We work for different, sometimes competing companies. Our trainer team is bound to absolute confidentiality regarding any information (professional or personal) which is discussed during training program. We therefore ask for your understanding that we do not provide clients with any information regarding the conduct or progress made by individual participants.

Jurisdiction
Although we are confident that there will be no need to resort to the courts, it is agreed at the time of booking that any and all disputes arising in this context shall be settled before the competent court of law in Vienna.

When placing an order, either orally or in writing, you simultaneously and fully accept these terms and conditions unless explicitly agreed otherwise in writing. Austrian law applies.

GENERAL TERMS AND CONDITIONS FOR IN-HOUSE WEB COURSES (WEBINARS | WEB TRAININGS | WEB LECTURES)

Price
In addition to the conduct of the webinar/web training/web lecture/web coaching, our prices also include preparation and follow-up work:

Preparation: Including a briefing by phone with your trainer(s) and us sending you details of preparatory tasks approximately one week before the training start, to be forwarded to the participants.

Follow-up: After the web course, you will receive a detailed closing report providing you with a summary of the most important aspects from the perspectives of the participants, trainer(s) and institute. You will also receive a pdf version of the most important slides used in the web course for post-documentation, kindly requesting you to forward it to your participants.

The price applies to the maximum number of participants detailed in the offer or the description.

The invoice, which you will receive together with the order confirmation/-email, is payable upon receipt, i.e. within eight days net and in full. Our program price is exclusive of taxes. In the event of an absence, the fee paid is non-refundable. Please ensure that you check the schedule stated in the confirmation letter/-email.

Changes
The agreed trainer(s) may not be available at short notice (e.g. due to illness). In such cases, we will appoint an alternative En GardE trainer upon consultation with you, to ensure that your web course can be conducted on schedule.

Cancellation by client
No one likes to cancel, and this can be just as inconvenient for you as the organizer of a training program as for us. As training courses are generally planned long in advance, it can be extremely difficult for us, in the event of cancellations, to find alternative assignments at very short notice, even for outstanding trainers. We therefore ask you to accept that the cancellation of a training course, once it has been booked, will entail costs in the following cases, regardless of the reason for the cancellation:

Cancellation conditions: From eight to four weeks before the beginning of the program: 20%; four weeks to two weeks: 40 %; two weeks to eight workdays: 60%; thereafter 75% of the program price until one workday before the program, after which the full price will be due.

Copyright
Following the web course, your participants will receive a pdf version of the slides used, for their documentation. The content and materials (e.g. techniques, tools, tips) provided by En GardE in the course of a training program are and remain the intellectual property of En GardE, are protected by copyright and are only available for personal use to those persons who have taken part in the relevant training program. Any additional, even company internal, use of these materials is not permitted, without exception. In particular, it is prohibited to use, to modify, to reproduce or to distribute training contents and materials, regardless of whether for free or commercial use, for example, as a trainer. Furthermore, all sorts of video and/or audio recordings of En GardE programs are prohibited. Any further right to use the training contents, especially to pass them on to third parties, is also explicitly prohibited. Any kind of illegal use of content and materials conveyed in the web course (e.g. techniques, tools, tips), as well as modification, reproduction, distribution, publication or disclosure to third parties will result in legal proceedings.

Data protection
You determine in accordance with us, which technical web solution/virtual platform you will use for your in-house web courses, and you will send an invitation to the trainer(s). We exclude liability for the compliance with data protection regulations by the chosen provider, as well as for direct or indirect damages caused by data leaks (e.g. hacking) or the like.

Confidentiality
We work for different, sometimes competing companies. Our trainer team is bound to absolute confidentiality regarding any information (professional or personal) which is discussed during training program. We therefore ask for your understanding that we do not provide clients with any information regarding the conduct or progress made by individual participants.

When placing an order, either orally or in writing, you simultaneously and fully accept these terms and conditions unless explicitly agreed otherwise in writing. Austrian law applies.

Deutschland

These General Terms and Conditions apply to all contracts between ENGARDE Deutschland GmbH (ENGARDE) – and its contractual partner, hereinafter referred to as the “Contractual Partner”. We shall only recognise any terms and conditions of our Contractual Partner that conflict with these General Terms and Conditions if we have expressly agreed to them in writing in advance.

CONCLUSION OF THE CONTRACT AND ORDER CONFIRMATION

A contract between ENGARDE and the contracting party comes into effect as soon as our order confirmation has been confirmed in writing by the contracting party – either by signature or by email. Verbal agreements, enquiries or non-binding offers do not constitute a contractual relationship. Once confirmation has been received, these General Terms and Conditions apply in full.

FOR 'OPEN' IN-PERSON TRAINING SESSIONS:

Registration and participation fee

Our seminar prices are exclusive of VAT, hotel accommodation and the conference package for participants. Services not fully utilised will not be refunded. Please settle the invoice no later than 14 days before the seminar begins.

Changes

Our seminars are planned well in advance. However, changes may occasionally occur. Should ENGARDE cancel for valid reasons, the fees paid will of course be refunded in full. Minimum number of participants: 6 people, 4 weeks before the seminar begins.

Cancellation policy

We know that nobody likes to cancel. However, we must ask for your understanding that the following charges will apply, regardless of the reason for cancellation:

Up to 4 weeks before the seminar starts: a €50 administration fee.

From 4 weeks prior without naming a replacement participant: 50% of the seminar fee. From 1 week before the seminar starts: the full seminar fee. Cancellation refers to any withdrawal – including illness and postponement. Please cancel in writing only.

Hotel booking

Please book your hotel room yourself – you are welcome to use the attached form for this purpose. ENGARDE reserves the room allocation only; please settle the costs for accommodation and meals directly with the conference hotel on site. By registering, you undertake to pay for the associated hotel conference package (excluding accommodation, if applicable) separately. In the event of a seminar cancellation, please also inform the hotel directly – cancellation fees are at your expense.

FOR IN-HOUSE TRAINING SESSIONS (in-house training, coaching or workshops):

Seminar fee
The training fee includes the trainer’s fee, video equipment, a video projector, as well as participant handouts and ‘tools’, and is exclusive of VAT. This does not include equipment and materials that are usually available in seminar rooms (flipcharts, noticeboards, etc.). Any additional technical equipment required must be hired at the client’s expense.

Training preparation: Includes a briefing session with your trainer. Around three weeks before the training begins, we will send you the preparatory materials and questionnaires to pass on to the training participants.

Training follow-up: At the end of the training course, you will receive a detailed final report summarising the key points of the course from the perspectives of the participants, the trainer and the institute.

The course fee, including all listed additional services, applies to the maximum number of participants specified in the quote or course description; participants who do not attend are not entitled to a reduction in the fee.

An increase in the group size beyond that specified in our offer must be agreed with ENGARDE in advance and increases the training fee proportionally.

Travel and accommodation expenses

The quoted price/cost estimate does not include the actual travel, accommodation and meal costs for the trainer or trainers (flight costs/Business Class, taxi fares or mileage allowance (€0.59/km), parking fees, accommodation and meals). These costs will be invoiced separately on a time-and-materials basis. The starting point for the journey is the trainer’s place of residence.

For our multi-day intensive training courses, travel times of up to 4 hours each way are included in the price. Any travel times exceeding this will be charged separately at €100 per hour or part thereof. For training sessions abroad, additional travel and acclimatisation times will be charged on a case-by-case basis, depending on the location.

Weekend and public holiday surcharge

We can also hold our training sessions on Saturdays on request; in this case, we charge a fixed surcharge of €700 per day.

Training location

You book the hotel or venue of your choice yourself. We will provide you with detailed information on the facilities and premises we require for the training. We are happy to assist with the organisation: from recommending hotels to providing a checklist for the training room.

Changes

Trainers may occasionally be unable to attend at short notice due to illness. In such cases, we will arrange for another certified ENGARDE trainer to take their place, following consultation with you.

IF YOU BOOK A WEBINAR OR ONLINE TRAINING COURSE:

Definition: Webinars and online training courses are digital training sessions.

Seminar fee

In addition to the seminar facilitation, our seminar fees include seminar preparation and download rights for the tools used in the webinar, exclusively for participants.

Seminar preparation: - Coordination meeting with the client / - Technical check in good time before the seminar begins / - Digital access to the participant tools used in the webinar.

The seminar price (excl. VAT) – including all ancillary services listed – applies to the maximum number of participants specified in the quotation or the signed contract. Each additional participant increases this price proportionally; participants who do not attend are not entitled to a price reduction.

Correspondence

ENGARDE will communicate with clients exclusively by email. The contracting party must take the necessary technical measures to ensure that emails are received (e.g. by ensuring they are not blocked by a filter).

The contractual partner’s obligations regarding webinars/online training sessions

Technical requirements

In order to participate, the contracting party must ensure that all participants meet the technical requirements specified by ENGARDE (e.g. a stable internet connection, the latest browser version, speakers or a headset, and access to the software agreed upon in the contract for this webinar). The contracting party shall ensure that the ENGARDE speaker is granted access to the software selected by the client (in-house or external) and shall facilitate a technical test no later than the day before the scheduled webinar.

The client is solely responsible for checking and ensuring that the technical requirements are met. Any failure of the contractual partner’s technical requirements, including during the webinar, does not release the client from their contractual payment obligation. We accept no liability whatsoever for the compliance of the chosen provider with data protection regulations or for any direct or indirect damage resulting from data leaks (e.g. hacking) or similar incidents.

Copyright

You are welcome to use all the knowledge gained in the webinar, but... only for your own personal use in your professional activities (i.e. not for commercial purposes such as training others – including within your own company).

The documents made available for download by us during a webinar are and remain the intellectual property of ENGARDE and are available exclusively for the personal use of those individuals who have trained with ENGARDE. Any distribution or use of this material beyond this – including within a company – is subject to our prior written consent.

Recording the webinars and web training sessions in any form is expressly prohibited – unless contractual exceptions have been agreed with ENGARDE. Similarly, the (including passive) participation of persons other than those agreed in the contract in our webinars or web training sessions is prohibited without prior consultation with ENGARDE.

Training times + change of speakers

The training times for the webinar or online training session will be agreed with you as the contracting party. Once agreed, times cannot be rescheduled – or may only be rescheduled with ENGARDE’s consent. Trainers or speakers may occasionally be unable to attend, for example due to illness. In such cases, we will assign another ENGARDE-certified trainer.

THE FOLLOWING APPLIES TO ALL SEMINARS, ONLINE TRAINING COURSES AND OTHER ASSIGNMENTS:

Copyright

Any documents provided by us during a training session, coaching session or consultancy project are and remain the intellectual property of ENGARDE and are intended solely for the personal use of those individuals who have participated in the event. Any distribution or use of this material beyond this scope – including within a company – is subject to our prior written consent. All know-how, trademarks, designs, etc. used by ENGARDE are subject to patent law or copyright and belong to ENGARDE. Personal use by the presenter is, of course, permitted; however, commercial use, including for internal training of other employees, is strictly prohibited.

Recordings prohibited

The rules that apply to our webinars naturally also apply in the seminar room: audio, photo, and video recordings during our face-to-face training sessions are not permitted without the express written consent of ENGARDE, neither by participants nor by third parties. This applies to recordings of trainers, training materials, flipcharts, presentations or any other content. Those who value our expertise are happy to return – there is no need for secret recordings.

Confidentiality

We guarantee to keep confidential all information and know-how relating to your business that comes to our attention in the course of our collaboration, and under no circumstances will we disclose it to third parties.

Data Protection

We handle data with care – this goes without saying for us. In the course of contract fulfilment, ENGARDE processes the contractual partner’s personal data (e.g. name, contact details, billing information) exclusively for the purpose of fulfilling the contractual relationship, on the basis of Article 6(1)(b) of the GDPR (German DSGVO). Data will only be disclosed to third parties to the extent necessary for the fulfilment of the contract (e.g. to trainers engaged for the course).

Personal data of course participants – such as that provided in preparatory questionnaires – is treated confidentially, is not stored, and is used exclusively for course preparation. Upon completion of the course, this data will be deleted, provided there is no legal obligation to retain it.

You can find our full privacy policy at https://www.engarde-training.com/en/privacy.

Liability

We take the utmost care – but the rules should still be clear:

Personal injury and property damage during in-person training sessions: ENGARDE shall only be liable for damage suffered by participants during an in-person training session if it can be proven that ENGARDE or its agents were at fault. ENGARDE accepts no liability for damage caused by the conduct of third parties, the condition of the venue or force majeure. Responsibility for the safety of the premises used lies with the contractual partner as the organiser.

Liability for training content: Our training courses teach methods, techniques and communication approaches. The application of these is the sole responsibility of the participants. ENGARDE shall not be liable for financial or other losses resulting from the application or non-application of the training content.

General limitation of liability: ENGARDE’s liability is – to the extent permitted by law – limited to cases of willful misconduct and gross negligence. In cases of slight negligence, ENGARDE shall only be liable for breaches of material contractual obligations (cardinal obligations), and even then, only to the extent of the foreseeable damage typical for this type of contract. Liability for consequential damages, loss of profit and indirect damage is excluded to the extent permitted by law. In cases of slight negligence, the contractor shall only be liable for data loss if the client has backed up their data daily and in a suitable format, such that restoration is possible with reasonable effort.

Force majeure

Sometimes life gets in the way – and we don’t just mean that in a figurative sense. In the event of circumstances beyond our control that make it impossible to hold a training session – including, in particular, pandemics, official orders, natural disasters, strikes, exceptional weather conditions posing a risk to traffic, war or other extraordinary circumstances – ENGARDE is released from its obligation to provide the service, without this giving rise to any claims for damages.

In such cases, we will work with the contracting party to find an alternative date or – if this is not possible – refund any payments already made for the affected training on a pro rata basis. Travel or preparation costs already incurred are excluded from this and remain the responsibility of the party that incurred them.

We will inform the contracting party immediately as soon as we become aware of such an event.

Terms of payment

Good people want to be paid promptly... and that includes our trainers. Therefore, our invoices are due within 14 days of receipt – net, without any deductions! In the event of late payment, we will charge all actual reminder and collection fees as well as standard bank interest. All prices in our programme, on price lists and in quotations are exclusive of statutory German VAT.

Seminar cancellations and postponements

Nobody likes to cancel – this is just as unpleasant for you as the organiser as it is for us. However, as seminars are usually planned well in advance, it is difficult for us to find alternative assignments for our top-class trainers at short notice in the event of cancellations. We therefore ask for your understanding that cancellations and postponements after an order has been placed will incur costs for you in the following cases – regardless of the reasons for your cancellation:

From 8 to 4 weeks before the seminar starts: 40%; 4 to 2 weeks: 60%; 2 weeks to 8 days: 80%; thereafter: 95% of the seminar fee.

Seminar rescheduling is free of charge up to 8 weeks before the booked date; from 8 weeks before the seminar starts, our cancellation policy applies.

Place of jurisdiction

We won’t need a judge, but if we do – then in Frankfurt am Main! For any disputes that cannot be resolved by mutual agreement, the competent court in Frankfurt am Main is agreed as the place of jurisdiction.

Severability clause

No contract is perfect – nor does it need to be. Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the original provision. The same applies to any gaps in these Terms and Conditions.

Note: In your own interests, we recommend that you take out seminar cancellation insurance!

Updated: April 2026