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A. General regulations on terms and conditions
B. General rules relating to the contractual relationship
C. Special contract conditions for the educational kit
D. General terms of use for participants
E. Final provisions
1.1 These general terms and conditions (GTC) apply to transactions between VIL GmbH Hans-Böckler-Straße 17 40764 Langenfeld, (hereinafter “VIL”) with the contractual partners (hereinafter “customer”).
1.2 VIL offers customers (companies) the opportunity to use virtual reality technology (“VR technology”) as part of educational videos, learning applications using VR glasses, purchase of hardware or software as well as their own and third-party content through unlimited time (= purchase) or limited in time and content (renting/procurement of usage rights).
1.3 Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 paragraph 1 BGB).
1.4 These terms and conditions are an integral part of every concluded contract. They also apply to future business relationships with the customer, without their renewed express inclusion being necessary. In principle, the following main contractual provisions apply in the order listed: o Individual contract (in particular offer and acceptance); o Special (product or service-related) contract terms (BVB) of VIL, in particular for specific services), o the general terms of use for participants, o the present terms and conditions. The currently valid version can be viewed on the Internet at https://www.vil.schule/agb/ and is available at any time. The customer also has the option of printing out or saving the terms and conditions and BVB (PDF file).
1.5 Deviating terms and conditions of the customer as well as changes and additions are only valid if they are accepted by VIL. This also applies if the customer's general terms and conditions have not been expressly contradicted.
1.6 VIL can change the terms and conditions at any time without giving reasons, even with effect for an existing contractual relationship. VIL will inform the customer of changes in writing (email) at least 14 working days before they come into effect. The customer's consent is considered to have been given if he has not notified him of his refusal within 14 days of notification of the changes. VIL will separately inform him of this approval effect. Should a change change the services or deviate from the content, the intended adjustment must be reasonable taking into account the interests of the customer.
1.7 VIL may outsource the execution of contractually agreed deliveries and services to sub-contractors. VIL may also transfer its rights and/or obligations arising from the contractual relationship to one or more third parties (assumption of contract and/or debt, assignment). In the event that the contract and/or debt is assumed, the customer has the right to withdraw from the contract.
2.1 Any presentations and other service descriptions, particularly on the website https://www.vil.schule, are non-binding.
2.2 The main contractual provisions must be set out in an individual contract. The customer provides the desired service (VR glasses, content, date) and personal data. If a third party (in particular VIL sales partner) has participated in the conclusion of the contract, VIL does not recognize objections from the customer that the customer derives from an additional contractual relationship with the third party.
2.3 A contract is only concluded when VIL has accepted the customer's offer without reservation or begins the performance owed (e.g. provision of specific services). In the latter case, the customer waives receipt of the declaration of acceptance.
2.4 The reservation of a service (ticket) by the customer is a binding offer in accordance with Section 145 BGB to conclude a contract. The prerequisite is the availability of the service, the payment of a down payment and the proper completion of the booking process. VI List is entitled to refuse a reservation/booking without giving reasons, in particular no deposit has been paid.
2.5 The customer's specific order or master data are stored by VIL. The customer can contact VIL using the email address support@vil.schule or by telephone on the service hotline 02173 99 38 278, for example to change the address, address or booking period or payment method. This is done in the e-commerce process for customer security, via encrypted data transfer (TSL/ SSL - Transport Layer Security/ Secure Sockets Layer).
2.6 VIL must immediately be notified of all facts relevant to the business relationship, in particular changes in the name, address, counteraccount, capacity of the customer or persons authorized to represent him, as well as announced powers of representation or disposal (in particular contact person). If the customer culpably fails to notify the change of his contract data, he must bear the costs of determining the data necessary to execute the contractual relationship.
2.7 Should it turn out that the customer has provided VIL with incorrect and/or incomplete information (e.g. to meet the participation requirements/suitability of the customer or participant) about the provision of the contractual services or, despite its request, has not made essential information about the provision of the contractual services available in full or in part and VIL incur additional costs as a result of the inadequate provision of information that were not foreseeable before the conclusion of the contract, Is VIL entitled to demand renegotiations with the aim of an appropriate and reasonable adjustment of the remuneration and/or service description for the customer. Should the contracting parties be unable to agree, VIL is entitled to suspend the contractual services and/or to terminate the contract in whole or in part for good cause.
3.1 Customers and separate participants are eligible to participate. Authorized users must meet the following minimum requirements:
3.2 Performance dates and deadlines are only binding if they have been confirmed by VIL. The customer undertakes to notify VIL in good time of the need to reschedule any appointments.
3.3 Unforeseeable, unavoidable events beyond the control of VIL and beyond the control of VIL, such as force majeure, release VIL from the obligation to perform. Agreed performance periods are extended by the duration of the disruption; the customer will be informed in an appropriate manner of the occurrence of the malfunction. If the end of the fault is not foreseeable or if it lasts longer than one month, each party is entitled to cancel or terminate the contract. This applies mutatis mutandis if the above circumstances occur with a VIL subcontractor.
3.4 The customer must provide VIL with all information and documents required to perform the services (in particular, if required, authentication documents) in good time, pay any agreed down payments in accordance with the agreement, issue permits and approvals and carry out any other necessary cooperation actions.
3.5 The customer releases VIL from all third-party claims (including costs of legal action) that exist or are asserted as a result of violations of the above obligations or the general terms of use for participants.
4.1 If the contracting parties have not agreed on a specific remuneration, this is determined in accordance with the VIL price list valid at the time of conclusion of the contract or, if no such is available, according to the usual remuneration (within the meaning of Sections 611, 632 Paragraph 2 BGB) plus ancillary costs and statutory sales tax. Discounts are not granted.
4.2 Unless otherwise agreed in individual cases, the following payment terms apply:
4.2.1 The down payment is due upon conclusion of the contract; the balance payment is due before the start of the service.
4.2.2 VIL will send the customer an invoice for the contractual services provided (exclusively electronically and/or in text form). Claims are payable upon invoicing, unless VIL shows a separate payment period in the invoice. When using an escrow service/payment service provider (e.g. PayPal), this enables VIL and the customer to process the payment between each other. In doing so, the escrow service/payment service provider forwards the customer's payment to VIL. For more information, please visit the website of the respective escrow service/payment service provider
4.2.3 If the customer does not make payment within 7 days of receipt of the invoice or not within the payment period stated in the invoice or if the customer does not make within an otherwise agreed payment term, he is in default in accordance with Section 286 (2) No. 1 or 2 BGB without further notice, with the result that default interest is owed in accordance with Section 288 BGB.
4.3 VIL If the customer defaults on its payment obligations, VIL charges a reminder fee (in the amount of at least 3.00€) for each reminder. reserves the right to claim further damage due to default or the option of refusing performance/cancellation in accordance with 3.3.
4.4 The customer must raise objections to the billing of the services provided by VIL in writing within fifteen (15) working days of receipt of the invoice. After expiry of the above period, the invoice is considered to have been approved by the customer. VIL undertakes to inform the customer in particular of the intended significance of its conduct at the beginning of the period;
5.1 In the event of damage to the services provided and violations of the general terms of use, the customer is generally liable in accordance with the general liability rules.
5.2, regardless of the legal basis, VIL is liable for compensation or reimbursement of futile expenses in full only for damage suffered by the customer as a result of intentional or grossly negligent conduct, fraudulent concealment of a defect, in the event of the assumption of express guarantees and assured characteristics of quality and/or durability, for damage arising from injury to life, body or health, for claims arising from product liability and in the event of mandatory legal regulations.
5.3 In the event of a negligent breach of essential contractual obligations (cardinal obligations), VIL is only liable — without prejudice to the cases mentioned in 5.2 — only limited to the damage typical of the contract that was reasonably foreseeable at the time of conclusion of the contract. Cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance the contractual partner may regularly rely.
5.4 Several cases of damage that have the same cause of damage are considered to be one damage event (continuation connection/unit of crime).
5.5 VIL only makes the contractual services available for use by the customer and is not liable for damage suffered by the customer as a result of the use of them (misconduct such as, for example, learning success).
5.6 In addition, VIL's liability for property and financial losses (in particular lost profit, futile expenses, indirect damage and subsequent damage) is excluded. Insofar as applicable, mandatory liability regulations remain unaffected by this.
5.7 Insofar as VIL's liability towards the customer is limited or excluded, this applies mutatis mutandis to legal representatives, workers, freelancers and other vicarious agents of VIL.
6.1 According to legal regulations, claims based on intentional or grossly negligent action by VIL, a legal representative or vicarious agent of VIL as well as claims for damage arising from injury to life, limb or health expire.
6.2 For all other contractual and legal claims against VIL, the limitation period is one (1) year. The same period applies to other warranty rights of the customer.
7.1 VIL undertakes to keep all confidential information confidential for an unlimited period of time and to use it only within the framework of the agreed purpose and to comply with the applicable provisions of data protection and data security.
7.2 All exclusively personal data provided is collected, processed or used in accordance with the applicable data protection conditions (details can be found in the privacy policy — available at https://www.vil.schule/datenschutz/).
7.3 As part of the processing of payments (see 5.), as well as the services, the customer's personal data may be passed on to the respective recipients for a specific purpose and processed by them. It is not used for external business purposes (e.g. advertising and address trading).
7.4 Confidential information may not be processed by the customer by
an observation, examination, dismantling or testing of a product or object that has been made publicly available or is owned by the observer, investigator, dismantling or testing person (prohibition of decryption).
7.5 VIL expressly points out to the customer that data protection for data transmissions in open networks, such as the Internet, cannot be fully guaranteed according to the current state of technology. The customer knows that VIL may be able to view the customer's data from a technical point of view at any time. Third parties may also be technically able to interfere with network security and view data traffic without authorization. The customer is fully responsible for the security and backup of the stored data, unless VIL has provided these services for the customer.
7.6 The customer is aware that the provision of services may involve order processing in accordance with Article 28 GDPR. In this respect, the customer is the “responsible body” for compliance with the provisions of the GDPR or the BDSG and other data protection regulations. VIL also declares that the technical and organizational measures under Article 32 GDPR are in principle complied with.
7.7 If the customer collects, processes or uses personal data, he is responsible for ensuring that this is done in accordance with the data protection conditions and, in the event of a violation, releases VIL from third-party claims.
8.1 Unless a date has been agreed for the start of the contractual services, the contract period begins with the conclusion of all relevant contract documents by both parties or the provision of services.
8.2 If the contract is concluded for a specific period of time or if a minimum contract period has been agreed with the customer, the contract is extended by the agreed period or minimum term unless it is terminated with a notice period of 3 months before the respective expiry of the specific period or expiry of the minimum contract period.
8.3 If no end of the respective term has been agreed for continuing obligations, the respective part of the service may, in addition to the cases prescribed in these general terms and conditions, be duly terminated by the customer with a notice period of three months to the end of the year and by VIL within one month of the calendar quarter.
8.4 The right to cancel for good cause remains unaffected. Prior to termination for good cause, this must be threatened in writing. The contractual party breaching the contract must be warned in writing and given the opportunity to remedy the grievances giving rise to the important cause within 30 days of receipt of the warning. In particular, there is no need for a warning if
8.5 Any termination must be made in writing to be effective. The validity of Section 545 BGB is excluded. Termination by the customer in accordance with Section 543 (2) sentence 1 No. 1 BGB due to failure to grant contractual use is only permitted if VIL has been given sufficient opportunity to remedy the defect and this has failed. The removal of the defect can only be assumed to fail if this is impossible, if VIL refuses or unreasonably delays it, or if the customer is unreasonable for other reasons.
8.6 With the termination of an individual contract, VIL is entitled to simultaneously terminate all further individual contracts concluded with the customer. Insofar as a minimum term has been agreed for an individual contract before the expiry of which the relevant contract cannot be terminated, this shall continue until the individual contract in question can be properly terminated for the first time.
8.7 In the event of an agreed term and in the event of termination for a reason for which the customer is responsible, regardless of the termination of the services provided by VIL, the customer is obliged to pay the agreed remuneration by the next possible ordinary termination date; however, the customer reserves the right to prove that VIL has suffered no or only minor damage as a result of the early termination of the contract. The assertion of further damages by VIL remains unaffected by this.
8.8 By separate agreement, VIL shall, as far as possible, provide the services required to transfer the contractual services to the customer or to a third party named by the customer (e.g. carrying out training courses) for a period of up to six [6] months after the end of an individual contract. The contracting parties will regulate the details of the support services in a termination agreement. The contracting parties will conclude the termination agreement no later than twelve (12) months before the end of an individual contract or, in the event of termination, immediately after the termination notice has been submitted. Unless otherwise agreed, the additional services to be provided by VIL as part of the support services will be billed according to expenses in accordance with the then applicable conditions (see 6.).
8.9 If the regulatory content of individual provisions extends beyond the contract period (e.g. liability exemptions, restrictions, copyrights, data protection and confidentiality), these regulations remain effective even beyond the contract period.
With the termination of the contract - irrespective of the legal basis - the rights of use or licenses granted by VIL or third parties as part of the provision of services cease.
9.1 Unless otherwise agreed, the following regulations apply in principle with regard to the respective service components:
9.1.1 If the transfer of software has been agreed, the following applies in addition to the provisions on granting rights (see Section 10): The software is provided to the customer for intended use. He is entitled to make a copy of the software for backup purposes and, if agreed, copies for software distribution. Reproductions of the software used to properly back up data are part of the intended use. If the rights of use are limited to a contractually defined hardware and/or software environment, any use deviating from this requires the consent of VIL.
9.1.2 Insofar as VIL is required to provide services (such as customizing/parameterization or documentation), the customer is responsible for the project and success.
9.1.3 Insofar as VIL provides additional services free of charge, the customer has no claim to performance of them. As far as possible, VIL will inform the customer of the discontinuation of the free services. 9.2 VIL will use the third-party and/or proprietary applications used to provide the service (in particular individual and standard software) in the latest version made available to the customer, if this is reasonable for the customer (equivalent performance of the service features). Unless otherwise stated, VIL will inform the customer before a version change within a reasonable period of time.
9.3 The customer is aware that the VIL services may contain components or elements of free or open source software. As far as possible, VIL will inform the customer about this in response to a written request.
9.4 As far as can be seen, VIL will immediately inform the customer if the customer's specifications are incorrect, incomplete, contradictory or objectively not executable or provided system components are not in accordance with the contract. However, it is not obliged to examine and review the requirements and provisions more thoroughly than is necessary to prepare the contractual service components.
9.5 The customer is aware that VIL services may be subject to changes due to new technical developments and possible new legal and/or regulatory regulations. Services for the customer can therefore be adapted by VIL to the current level of technical development. This does not apply if the performance of the agreed services is not unreasonably impaired or impossible and the adjustment is not reasonable for the customer, taking into account all circumstances or his legitimate interests.
9.6 Performance dates and performance deadlines are only binding if they have been confirmed by VIL and the customer has provided VIL with all information and documents required to perform the services in good time, paid any agreed down payments in accordance with agreement, granted permits and approvals and has carried out any other necessary cooperation. For additional or extension orders placed after the conclusion of the contract, the deadlines are extended accordingly. If the customer does not sufficiently comply with his notification and cooperation obligations (e.g. in accordance with 3.3) and if the execution of VIL's contractual performance obligations is delayed as a result, the agreed deadlines are automatically extended appropriately, but at least by the period of delay.
9.7 If cooperation on the part of the customer is required to provide the service/usability of the service owed by VIL, these services are not owed by VIL. If support services are offered by VIL and the customer wishes to make use of them, a separate contractual agreement must be made.
9.8 VIL may temporarily suspend or restrict access to services if the security of network operation, the maintenance of network integrity, in particular the prevention of serious network disruptions, interoperability of services and/or data protection requirements require this.
9.9 Unforeseeable, unavoidable events beyond the control of VIL and beyond the control of VIL release VIL from the obligation to perform for their duration. Agreed performance periods are extended by the duration of the disruption; the customer will be informed in an appropriate manner of the occurrence of the malfunction. If the end of the fault is not foreseeable or if it lasts longer than one month, each party is entitled to cancel the contract. This applies mutatis mutandis if the above circumstances occur with a VIL subcontractor.
9.10 If VIL is dependent on delivery items/services which it does not provide itself and which does not have or cannot be procured at the time the order is placed, VIL is entitled to withdraw from the individual contract insofar as VIL is not supplied by its supplier/subcontractor, is not responsible for the non-delivery or that, despite reasonable efforts, does not or significantly increase the services can obtain prices (compared to those usual in transport). VIL will immediately inform the customer of the unavailability of the services and, if applicable, reimburse the customer for any consideration already paid.
9.11 If, in connection with the use of the services subject to the contract, the customer is the addressee of (e.g. sovereign) approval requirements or is obliged to submit reports to public authorities (e.g. ministries, supervisory authorities) or other third parties, VIL will, as far as possible, provide all necessary information available to it and support the customer at his expense
10.1 The customer is obliged to pay the remuneration owed.
10.2 The customer will provide VIL with appropriate support in carrying out the contractually owed services, in particular providing the necessary data and (confidential) information, and take the necessary measures so that VIL or its subcontractors may also access the customer's technology and their respective system environment/IT systems through remote access.
10.3 The customer is responsible for ensuring that the contractual services can be provided in accordance with the applicable legal sovereign framework (e.g. regulatory requirements) relevant to their provision. The customer monitors the applicable legal framework and notifies VIL in writing of any change immediately after it has been announced, stating any effects on the services.
10.4 The customer is generally responsible for the administration, configuration, maintenance and maintenance of the service content (e.g. entered subscriber data/information and not the infrastructure that may be contractually provided by VIL GmbH). VIL is not obliged to monitor the information transmitted and stored by the customer or to investigate circumstances that indicate illegal activity. Should these services also be provided by VIL, a separate agreement is required.
10.5 The customer may not violate legal prohibitions, morality and rights of third parties (trademarks, naming, copyright, data protection rights, etc.) as a result of the measures taken by him in connection with the provision of services by VIL.
10.6 It is the customer's responsibility to carry out adequate data backups and to properly maintain and maintain the service environment or IT systems, insofar as this is not part of the contractual services to be provided by VIL. If the customer recognizes that VIL's data backup measures do not comply with proper data backup, he must immediately notify VIL of this and the consequences apparent to him in writing.
10.7 The services provided by VIL do not release the customer from his obligation to comply with the usual and recognized security standards, such as the use of regularly updated anti-virus programs, a plausibility check for incoming data, data backup (unless VIL has provided these services for the customer) as well as the regular change of passwords and standard access and access control.
10.8 The customer undertakes to indemnify VIL from all claims made against VIL as a result of violations of the above conditions (Section 10.).
11.1 The customer may use VIL's services for their own purposes. He may only provide VIL's services to third parties if VIL has consented or the participant/user has accepted the terms of participation and use.
11.2 The customer does not acquire any ownership rights when (in particular individual) software or content or hardware is provided by VIL, with the exception of long-term transfer (purchase contract). The following provisions apply subordinate to the license and use conditions of third parties/manufacturers or authors (11.4) or the terms of participation of VIL. The agreements with third parties can, as far as possible, be made available to the customer upon request.
11.3 The simple rights to use work results, which are created individually by VIL for the customer, are transferred to the customer upon full and unconditional payment (individual services). As long as this is not a temporary transfer, VIL revocably grants the customer the simple, non-exclusive, non-transferable and factually and spatially unlimited right to use and exploit all work results developed for the customer as well as all extensions and adjustments of these work results, including the associated documentation. The above granting of rights does not include the right to make the work results available to third parties for own purposes or for third parties for processing, amendment (and other transformation), reproduction, publication and other distribution and exploitation of any kind, nor the right to transfer the rights of use and to grant sub-licenses limited or unlimited in terms of time and content.
11.4 Rights of use of standard third-party products (in particular third-party content), which are delivered and, if necessary, processed by VIL as part of the execution of the contract, are transferred to the extent permitted by the manufacturer or owner of use/copyrights. The customer ensures that anyone who uses services provided by VIL and/or third parties complies with these regulations and the licensing terms of the respective authors.
11.5 The customer is able to release or procure his own and/or third-party content (e.g. from platforms such as YouTube) for use and/or integrate it into the use. In this respect, it is the responsibility of the latter to check whether usage rights requirements are met.
11.6 VIL is entitled to use the know-how used or acquired by it during the provision of the contractual services at its own discretion in its own interest or for the benefit of third parties, provided that business or financial confidential information or personal data of the customer is not used or published as a result.
11.7 The customer may perform data backups in accordance with the rules of technology and create the necessary backup copies of the programs for this purpose. The customer is obliged not to change or remove copyright notices from VIL or third parties. He is not entitled to use, copy, edit, transfer, convert into another form of expression (in particular reverse engineering or decompile) or translate the contractual services in any other way than described in the license terms, unless such conversion is absolutely required by express legal regulations. The applicability of Sections 69 d, e UrhG remains unaffected by this.
11.8 The rights of use will only be transferred at the time of full payment of the remuneration owed. However, VIL allows the customer to use the work results until they have been paid in full. VIL may revoke the use of work results for which the customer is in default of payment for the duration of the delay.
11.9 Insofar as the customer has been granted temporary rights of use for the contractual services or the temporary right of use (i.e. no permanent transfer) ends as a result of the termination of the contract, the customer must return or delete work results, any copies and all written documentation and other information/services upon request to VIL, unless the customer is required by law to store them for a longer period of time.
11.10 In principle, VIL has no right to use the customer's data, applications, confidential information. Rights and obligations arising from this are the exclusive responsibility of the customer. However, the customer grants VIL a spatially unlimited, royalty-free, non-exclusive right to use data/applications and other information, covering all types of use, insofar as this is necessary to provide the services in accordance with the contract. The customer reserves all rights, titles and legal claims to his and his protected data, including all data concerning which the customer decides to integrate into the contractual services or to display on a dashboard created with the services. VIL is nevertheless entitled to store the data in a backup data center (backup data center) or to rectify faults, make changes to the structure of the data or the data format.
11.11 Insofar as VIL charges separate license fees, these are generally based on the frequency of use (e.g. number of users), resources (e.g. data volume), duration of use or a combination of these parameters.
11.12 VIL is entitled to have the customer verify that the actual use of the contractual services delivered or made available by it is verified (audit). The review should only be carried out by a person bound to secrecy vis-à-vis the licensor or VIL, who may only release information insofar as there are license violations and insofar as these are necessary to prosecute them. The examination must be announced with a notice period of at least 2 weeks. It must be ensured that personal data of third parties is generally not disclosed to the auditor. The customer will provide him with appropriate support, i.e. in particular provide the necessary information.
11.13 The customer also fully indemnifies VIL from any claims by third parties due to misconduct in accordance with the previous paragraphs. In addition, the costs must be borne by the customer if a culpable violation of the above provisions is found. Further claims for damages remain unaffected by this.
12.1 If a third party makes claims against the customer due to the infringement of an industrial property right or copyright through the use of the services owed to VIL and their use is affected or prohibited as a result, the following provisions apply.
12.2 VIL will, at its option and at its expense, either change or replace the agreed services in such a way that they do not infringe the property right, but essentially comply with the agreed service in a manner reasonable for the customer or release the customer from license fees vis-à-vis the property right holder or third parties.
12.3 The prerequisites for VIL's liability in accordance with Section 12.2 are that the customer immediately notifies VIL of the assertion of third-party claims, does not recognize the alleged infringement of property rights and submits any dispute, including any extrajudicial arrangements, to VIL or only carries it in agreement with it. If the customer ceases use for damage reduction or other important reasons, he is obliged to inform the third party that the cessation of use does not entail an acknowledgment of infringement of intellectual property rights.
12.4 Insofar as the customer is at fault for the infringement of property rights, and the claim by third parties is based on the fact that the content of the service owed by VIL has been changed without their knowledge, processed in any other way and has not been used with services provided by VIL, claims against VIL are excluded.
12.5 Insofar as applicable, mandatory liability regulations or 6. remain unaffected by this.
13.1 The customer/participant is aware that VIL's services (in particular the content) are subject to intellectual property rights (in particular copyrights). Corresponding rights to third-party standard products (in particular third-party content) are transferred to the extent permitted by the manufacturer or owner of intellectual property rights. The specific scope is set out in the respective specific contract documents (service description/conditions). The participant is not allowed to reproduce, pass on or make the content available to other third parties without consent.
13.2 The customer or participants are aware that VIL's services may impair the psychological and physical condition of the person concerned. Tasks and services can generally be solved without significant effort.
13.3 Before the start of the service, each participant is made aware of any resulting drives or risks and, as far as possible, the use or the basic principles of conduct is informed or trained or instructed (cf. in the case of services under 1.2.1 by VIL).
13.4 Participation is only possible if the person concerned expressly agrees to the resulting risks (see also 14) as part of a separate information sheet.
13.5 All participants are entitled to cancel and/or leave services at any time. Is entitled or the commenced
13.6 Participants are not allowed to photograph, film, describe the content in detail or otherwise make them publicly available without written consent. If the participant culpably violates the above provision, VIL is entitled to demand from the participant a contractual penalty to be determined by VIL at its reasonable discretion, which must be reviewed by the competent jurisdiction in the event of a dispute. We reserve the right to assert claims for damages.
14.1 The customer or participants are aware that VIL's services may impair the psychological and physical condition of the person concerned. In this respect, VIL's performance or learning theory approach may be associated with a restriction of physical integrity as well as physical integrity. In particular, this includes:
14.1.1 virtual entry into rooms or places (possibly causing anxiety or phobias),
14.1.2 the ability to virtually persuade participants to act or omit (e.g. restriction of freedom of movement or freedom of resolution)
14.2 VIL welcomes the participation of people with disabilities in the services offered, but points out that participation in this case may be cumbersome or impossible; in this respect, VIL requests to coordinate with VIL before making use of services. It is up to the participant to freely decide to claim VIL benefits (this also includes physical and mental or motor abilities and abilities). Participants are considered ineligible in principle:
14.2.1 with heart types/ heart problems as well as high blood pressure or cardiovascular diseases or vascular abnormalities),
14.2.2 relevant disorders such as claustrophobia and/or epilepsy,
14.2.3 people who are under the influence of drugs or alcohol, and
14.2.4 other disorders of the motor movement or central nervous system.
14.3 Taking into account the foregoing, participants are generally not allowed to:
14.3.1 to avoid services/tasks involving the use of force or force.
14.3.2 to prevent other participants from canceling their participation or to force them to take actions/omissions against their will,
14.3.3 to block, circumvent and/or intentionally or intentionally destroy or damage technical measures (such as cables, glasses, etc.).
14.4 The participant assures that he is physically unharmed to use the services and is able to claim them at his own risk and risk. In compliance with Section 6 of the General Terms and Conditions, VIL is not liable to participants for damage to property or to the body, limb or health or effects that arise and/or may arise as a result of the participants' own risk-savvy actions.
15.1 Changes or additions to the terms and conditions must be made in writing. The failure of VIL to insist on full and/or partial compliance with or performance of any of the conditions or provisions and the supplementary regulations shall not be construed as an acknowledgement of the infringement or waiver of future application of the relevant term, provision, option, right or remedy.
15.2 The customer can only offset VIL against compensation claims against claims that have been legally established or are recognized by VIL.
15.3 The assignment or pledge by the customer against the claims or rights to VIL is excluded without the consent of VIL.
15.4 The law of the Federal Republic of Germany applies exclusively to the exclusion of private international law (in particular the UN Convention on Contracts for the International Sale of Goods, CISG or conflict of law, IPR). The place of performance (and place of jurisdiction in the event that the customer is a merchant, legal entities under public law or special fund under public law) for all disputes arising from or in connection with this contract is the registered office of VIL. VIL is also entitled to sue the customer at its general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.
15.5 The invalidity, unenforceability or ineffectiveness of individual provisions of the conditions, even if they are included later or regulated in an addendum, does not affect the validity of the remaining conditions. Instead of the invalid, void or unenforceable provision, a condition is considered agreed which, as far as is legally possible, comes closest to what is economically intentional according to the meaning and purpose of the ineffective, void or unenforceable conditions. The same applies to unintentional loopholes; in such a case, a condition is considered agreed which comes closest to what would have been settled in accordance with the spirit and purpose of the present contract if the parties had known of the regulatory gap; or should a condition be ineffective with regard to a period of time or specified conduct.
VIL GmbH School Terms and Conditions - V.3.0 as of 27.04.2020
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