1. Contracting parties, area of application
1.1 The following terms and conditions state the contract relations for all seminars, courses, workshops and education (hereafter called “courses”) of the Physio Training Academy, Am Eichenwäldchen 18, DE 77830 Bühlertal (hereafter called PTA) and the customers (course participants )(herafter called “customer”). No other or modified terms and conditions will be accepted by PTA, except if PTA accepts modified terms and conditions, before conclusion of the contract, in written form only. The contracting language is German.
1.2 The terms and conditions apply, valid at the time of the conclusion of the contract. The present terms and conditions are provided on the website www.physiotrainingacademy.com and www.physiotrainingacademy.de and can be easily found by the customer. PTA reserves the right to change the terms and conditions at any time.
2. Registration and contract
2.1 Eligible to attend the training courses are physiotherapists (also in training), osteopaths, doctors, massage therapists, occupational therapists, speech therapists and other health professionals, as well as fitness coaches / personal trainer / sports scientist, whereas individual agreements might apply.
2.2 Registration for a course of PTA is only valid in written form, using the application form (send by post, fax or as a scanned document by email), and online at www.physiotrainingacademy.com, www.physiotrainingacademy.de (by entering your personal data and clicking on the “Book now” button) or via one of our licensed partners. Other applications will not be considered.
2.3 The seminar and training courses that are stated on the online booking system, the website of the PTA, in seminar and training programmes, in newsletters or in other media, are not-binding offers to sign up for a course. An offer becomes legally binding when the customer signs up for a course.
2.4 The contract between the PTA and the customer gets concluded if the PTA confirms the registration. Confirmation is done regularly within maximally 3 business days. Participation in a course without prior notification is not possible.
2.5 PTA has the right to reject applications without justification. In case of payments made by the customer they will be refunded within 7 days to an account to be designated by the customer.
2.6 The course space allocation is at the discretion of PTA, but usually depends on the chronological order of registration. To meet the deadline for written applications shall be the date of postmark. For electronic application via the website, application by fax or email the time of sending the message will be valid.
2.7 When the applicant uses the online booking system, he will have to confirm that he has read and agrees to the terms and conditions of registration and participation, by checking the appropriate button before placing a legally binding offer.
3. Registration fees and sales tax exemption
3.1 All prices (course fees) are in EURO final (gross). The course fee is exempt from sales tax acc. § 4 No. 21 a) bb) 2005 German Sales Tax Act (UStG). The final price is depending on the particular course description.
3.2 The specified final amount of the registration fee is applicable to online bookings and reservations by the website, fax and e-mail. Prices are valid until the publication of a new price list and have to be paid in full without deduction.
3.3 Special offers are valid for the respective promotional period, only. The student discount may be granted only after provision of a student card or a certificate of enrollment valid to the course date. The verification may be in the form of a copy by mail or fax, or sent as upload during online registration progress. The student assures its accuracy. In case of unauthorized student discount, PTA it is entitled to charge the difference to the regular course fee.
4.1 Different invoice addresses must be specified in the course booking process. Due to tax purposes, it is not possible to change the invoice address later. By course booking at one of our partners the applicants are invoiced separately by the respective partner.
4.2 The total course fee is due right after conclusion of the contract. The payment of the course fee may be made by bank transfer, electronic direct debit (possible only for participants from Germany), credit card payment or PayPal. The PTA reserves the right to exclude certain payment methods.
a. Bank transfer / invoice/ prepayment (no extra costs)
In case of bank transfer, the full course fee is to be paid without deduction within 7 days to the following account:
Physio Training Academy
Sort code: 60 66 30 84
Account number: 45 90 00 00
Bank: Raiffeisenbank Calw
In case of payment on account (bank transfer, invoice, prepayment), the contract is only concluded with the credit of the course fee to the account of PTA and the following payment confirmation. The credit must be made within 8 days after registration. Thereafter, the contract offer is not accepted.
b. Payment via direct debit (no extra costs)
In case of payment via direct debit the participants authorizes PTA to collect the course fee from his account. In the event of a chargeback, especially if the account does not have sufficient funds, in addition to the original invoice amount, a processing fee of 10 € will be charged and incurred bank fees have to be reimbursed in full.
c. Payment via PayPal
In case of payment via PayPal a handling fee of 1.5% of the total contract value, raised at least by 1.98 EUR, plus 19% VAT. The terms and conditions of the company PayPal apply.
5. Education bonus („Bildungsprämie”): Only for Germany
Under certain conditions, the cost of a course as part of a funding measure (“education bonus”) by the Federal Ministry of Education and Research will be reimbursed. The PTA accepts this “education voucher” only subject to final reimbursement of the course fee by an appropriate body. The costs of rejected applications have to be paid by the participant.
6. Cancellation and non-attendance
6.1 Cancellation or withdrawal of the contract can only be made in writing form by letter or fax. A cancellation by email is not accepted. For the time of cancellation or withdrawal the receipt of the written statement at PTA is valid. In case of cancellation of the contract by the participants we will retain a processing fee.
This depends on the time of the cancellation and is scaled as follows:
a. Cancellation up to 6 weeks before the course: € 25.00
b. Cancellation up to 4 weeks before the course: € 75.00
c. Cancellation up to 2 weeks before the course: 50% of the course fee
d. Later than 2 weeks prior to the course or non-attendance of the participant:
No refund or partial refund of the fee.
6.2 The reserved course place can be transferred to another named person, by written notice to 7 days before the start of the course (note: Section 2.1) without any additional expenses are transmitted, after which an administration fee of € 20.00 is calculated. A change of personnel into the course is not possible.
6.3 The participant is at liberty to prove that PTA has no or a lower damage than the lump sum demanded.
6.4 Exchanges of teachers, the change in the course sequence or curriculum do not entitled the customer to withdraw from the contract or termination.
7. Cancellation of contract by PTA, cancellation of events and process changes
7.1 The PTA reserves the right to withdraw from the contract or to terminate it, if the customer is in default of payment and / or reason to the person and / or the behavior of the customer, which make a contract execution of PTA unreasonable. In addition, the statutory provisions apply.
7.2 The PTA reserves the right to withdraw from the contract if the minimum number of course participants is not reached, or if the course is cancelled, not within the control of PTA. In these cases, the participant has the option of a free transfer to another course. Should a transfer not be possible, the PTA will refund back the paid course fee. Further claims are excluded.
8. Limitation of liability
8.1 As part of the training courses, the liability of the PTA is limited to cases of gross negligence and willful misconduct. For other than loss of life, body and health damage, PTA only is liable if these are based on intentional or grossly negligent acts or culpable violation of an essential contractual obligation by PTA, employees or vicarious agents (e.g. the delivery company for example) of PTA. Any further liability for damages is excluded. Is essential contractual obligation negligently violated, the liability of PTA on the predictable and adequate causal damage is limited. In general, the participation, particularly in the context of application demonstrations during the course, is at your own risk.
8.2 PTA is not responsible for thefts of any kind, for any damage caused by delays, failures or interruptions in the transmission, impairments of technical systems and Internet services, loss or deletion of data of a customer and viruses. This limitation of liability does not apply to injury to life, limb and / or health caused by an act of the training institution, its employees or agents.
8.3 If a person is pregnant and wants to take part in a PTA course , the person is obliged to inform the PTA before the start of the course. Pregnant persons will not be taped and the PTA assumes no liability.
The data will be processed electronically and used and kept only as long as these schemes required in compliance with the applicable law.
9.2 The customer data is in strict confidence and only collected in connection with the processing of the course application process, order and payment, processed and stored, and is only evaluated and deposited to in-house market research and marketing purposes at Physio Training Academy and our course and cooperation partner flexotape GmbH.
10. Final provisions
10.1 Requirements for participation in advanced courses of PTA, is the participation in the foundation course “Myofascial Taping”. Other courses e.g. from the field of Kinesiology Taping will not be accepted.
10.2 The house rules of the event partner / cooperation partner / course venue on site apply.
10.3 The course fee does not include catering for the participants with drinks or food. PTA provide catering, especially in the form of refreshments like snacks and soft drinks on site, it is voluntary and not a legal claim.
10.4 Continuing Professional Development credits: The continuing education credits are stated in the certificate, which the participant will receive after completing and paying the course. PTA points out, that recognition of these credit points are depending on country and government and cannot be guaranteed and therefore is only conditional.
10.5 All training materials and other work and accompanying materials in any form (including course literature, manuals and handouts, including all photographs) are copyrighted. All rights are explicitly reserved by the PTA. The course material including manuals must not be translated, reproduced, disclosed or stored in electronic systems, neither in parts, without the written consent of PTA. Software and electronic data provided at the events and courses must not be copied or removed from the course room. Photography, video or tape recordings and any other recordings are not permitted. Reference is also made to the protective provisions of the copyright law.
10.6 For all legal matters and disputes regarding the business relationship between the customer and PTA German law is valid, without the referral rules of private international law and with exclusion of the CISG (UN purchasing law). The exclusive venue for any disputes arising from this contract is at the registered office of each PTA factual and local jurisdiction, if legally permissible. The address for the PTA is stated in point 1.
10.7 Should one or more provisions of this contract, in whole or partially, be ineffective or not feasible or lose their legal validity or enforceability, the validity of the remaining provisions shall not be affected. Instead of possibly invalid or unenforceable provision or an omission, an appropriate regulation is valid, which – as far as legally possible – comes closest to what the parties had intended in meaning and purpose of the contract. Same applies to gaps in this contract.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.