General Terms and Conditions (Terms & Conditions)

§1) Subject matter and scope of these General Terms and Conditions

1. These General Terms and Conditions (hereinafter: Terms & Conditions) govern the rights and obligations in connection with the booking of events via the "Academy", the "Holiday Program" and the "Back-up" of pme Familienservice GmbH ("us") and the user ("you"). Events can be booked online at familienservice. We also reserve the right to make the offers available on other websites and, in particular, in print.

2. Our Terms & Conditions shall apply exclusively. We do not recognize any terms and conditions that conflict with or deviate from these Terms & Conditions unless we have expressly agreed to their validity in writing or in text form.

§2) Conclusion of contract

1. A contract in favor of third parties exists between your employer and pme Familienservice GmbH. You are entitled to a claim for performance and a corresponding claim against pme Familienservice GmbH. Your employer is exempt from liability for all damages arising from the aforementioned contract. pme Familienservice GmbH bears sole responsibility for all your claims and complaints arising from the aforementioned contractual relationship.

2. A booking is only made when we confirm it to you in text form (e.g. e-mail) after you have entered your registration details in the registration form and clicked on the "Register for event" button or another "registration button" or sent us your registration documents in another way.

3. When booking online, you have the option of printing out the booking details during the registration process and before concluding the contract.

4. There is no entitlement to participation in the event as a result of the booking. We are free to reject any offer made by a user to conclude a contract without giving reasons.

5. A prerequisite for booking is that you are at least 18 years old or, if you are a minor, with the permission/authorization of your legal guardian.

6. Participation in individual prevention courses in accordance with Section 20 (4/5) SGB V is contraindicated for people with acute mental illnesses requiring treatment.

§3) Our services

1. With the pme Academy, we offer you the opportunity to book events, training courses, courses etc. on various topics. Bookings are usually made online - via our website familienserviceor via other distribution channels (e.g. print).

2. The vacation program provides childcare during the school holidays. Day care, weekly programs and individual vacation trips are offered. The pme vacation care program is offered for children aged 6-12 years, and offers for younger and older children can be freely decided according to the conditions at the respective location.

3. The short-term back-up childcare service for children aged eight weeks to 12 years can be used on an hourly, daily or weekly basis. Back-up care is available when all other public and/or private childcare options are unavailable.

§4) Information on the right of withdrawal - Cancellation policy

You have the right to cancel the booking within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must send us

pme Familienservice GmbH
Head Office
Flottwellstr. 4-5
10785 Berlin
Phone: 030 263935-70
E-mail: info@familienservice.de 

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

If you cancel the booking, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
It is not possible to cancel an event that has already taken place.

§5) Prices

1. The prices for the respective event can be found directly in the respective offer information on the website or in the event description in print form.

§6) Payment

1. All fees incurred are to be paid to us in advance without deduction.

2. Payment of the event costs is made after invoicing and should, as a rule, be made by bank transfer.

3. Depending on the event, we may also grant a different method of payment in individual cases, e.g. at the event on site. If there is no information on this in the event information, please contact us.

§7) Cancellation / Withdrawal

1. You can withdraw from participation in an event at any time. Any right of withdrawal according to § 4 remains unaffected. The declaration of withdrawal must be made in text form and can also be sent by e-mail.

2. Cancellation fees will be charged in the event of withdrawal.

   1. If the withdrawal is made up to two weeks before the start of the event, there are no cancellation costs.
   2. If the withdrawal is made less than two weeks before the start of the event and up to 7 days before the start of the event, 50% of the event fees must be paid as cancellation costs.
   3. If the withdrawal is made less than 7 days before the start of the event, the full event fees must be paid.
   4. Participation in the "Academy to go" in online format can be canceled free of charge up to 24 hours before the start of the event. In the event of withdrawal less than 24 hours before the start of the event, the full event fees must be paid.

3. In individual cases, it may be possible for you to nominate a suitable replacement person to take part in the event and thus amend the contract instead of withdrawing. Please do not hesitate to contact us.

§8) Obligations of the users

1. You are obliged to provide truthful information about yourself when registering for an event.

2. The following applies to individual prevention courses in accordance with § 20 Para. 4/5 SGB V: By registering, you confirm that you are not suffering from an acute mental illness requiring treatment.

3. You also undertake not to disclose your login details and password to any other person under any circumstances.

§9) Data protection

1. We ensure that your personal data is only collected, stored and processed insofar as this is necessary for the contractual provision of services and is permitted by law or required by law. We will treat personal data confidentially and in accordance with the provisions of the applicable data protection law and will not pass it on to third parties unless this is necessary for the fulfillment of contractual obligations and/or there is a legal obligation to pass it on to third parties.

2. In the event that data protection declarations of consent are obtained from you as part of the event registration process, we would like to point out that you can revoke these at any time with effect for the future.

3. Further information on data protection and the purpose, type and scope of the collection, processing and use of personal data on the website can be found in the privacy policy, which can be accessed at any time via the link https://www.familienservice.de/datenschutz.

§10) Limitation of liability

1. Participation in our online and on-site seminars is at your own risk.

2. We shall be liable without limitation in the event of intent or gross negligence for all damage caused by us in connection with the provision of our contractual services.

3. In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health.

4. We shall not be liable for services provided free of charge beyond the liability specified in paragraphs 1 and 2.

5. Otherwise, we shall only be liable in connection with the provision of paid services if we have breached a material contractual obligation. Essential contractual obligations are abstractly defined as those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance you may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.

6. Insofar as our liability is excluded or limited in accordance with the aforementioned provisions, this shall also apply to our vicarious agents.

7. Liability under the Product Liability Act remains unaffected.

§11) Private accident insurance Holiday program and back-up

Your child's health insurance covers the treatment of accidents, e.g. for an x-ray of an arm after a fall. The benefits of private accident insurance generally begin where the benefits of health insurance end, e.g. for cosmetic surgery.

§12) Changes to the terms and conditions of the pme Academy (events, training, courses)

1. We reserve the right to amend this Terms & Conditions at any time, including within existing contractual relationships, in the event of changes to services, other adjustments or for the implementation of legal obligations. We will inform you as a registered user of such changes at least 6 weeks before the planned entry into force of the changes. If you do not object within 6 weeks of receipt of the notification and continue to use the services even after expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the deadline. In the notification of change, we will inform you of your right to object and of the consequences of an objection. In the event of an objection, we have the right to terminate the contractual relationship with you with effect from the planned entry into force of the changes.

§13) Final provisions

1. The law of the Federal Republic of Germany shall apply, whereby the application of the UN Convention on Contracts for the International Sale of Goods is excluded.

2. If you are a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.

3. Note on online dispute resolution

   The EU Commission provides the following information on its website http://ec.europa.eu/consumers/odr/ The provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board. The provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
4. Should individual provisions of this Terms & Conditions be or become invalid, this shall not affect the validity of the remaining provisions.