General Terms and Conditions of Business

General Terms and Conditions of Business of
Europa-Park GmbH & Co. Hotelbetriebe KG,

Europa-Park-Straße 4+6, 77977 Rust, Germany (Tel.: +49 (0)7822 860 5888) for
participation in the “Talent Academy” programme:

Section 1 - Registration
We hereby undertake to provide a place in the course selected by the participant, provided that the registration form has been filled in completely in writing and submitted on time, and the fees have been paid.

Section 2 - Cancellation of courses
Where not enough participants have registered for a course, we will be entitled to inform registered participants at short notice that the course has been cancelled. In this case, the participant shall be refunded all fees already paid or a replacement date shall be agreed.

Section 3 - Postponement of individual course dates
Notice of the postponement of individual course dates due to unforeseen, external influences must be given in writing or orally. An alternative date must be offered. If it is not possible to offer an alternative date, a credit voucher shall be issued for the missed session. If an alternative date is offered on which the participant is, however, unable to attend, he/she shall not be entitled to a reimbursement or a credit note.

Section 4 - Payment methods
Upon signing the registration form (in the case of minors, the signature of the parent or guardian is required), our claim for payment of the full amount becomes due. Full payment is also due in cases where the participant is unable to attend the course through no fault of his/her own. No refunds shall be made with the exception of cases covered by Sections 2 and 3 of these Terms and Conditions of Business. No courses will be held during the holidays or on public holidays in Baden-Württemberg. As a general rule, course fees will be charged for the autumn half-term break and the Easter holidays. With regard to the Christmas holidays, Whit holidays and summer holidays, a credit note shall be issued for the respective period.

However, in exceptional cases, in particular, as a consequence of serious illness or accident, the fee may be credited towards participation in a later course. The participant must provide us with written proof that such an exceptional case exists, submitting a medical certificate to that effect. If the requirements for issuing a credit note are then met, this credit note shall only apply pro rata for the remainder of the course, calculated from the date of receipt (post stamp) of the medical certificate. From October 2016, payment of the monthly fees shall only be accepted by way of direct debit. Any payment terms specified prior to this date shall not be taken into account.

Section 5 - Direct debit reversal charges
In the event of failure to honour a direct debit, any banking fees incurred as a result, plus a processing fee of € 5, will be charged to the participant and collected together with the relevant monthly fee.

Section 6 - Payment default
If the customer is in default with his/her payments and written reminders are sent by Europa-Park Talent Academy, said customer is hereby advised that € 5 shall be charged for each reminder issued in order to cover personnel, material costs and postage.

Section 7 - Payment of courses
The fee for a booked course shall be paid in full on the first day of the course for the respective month at the latest.

Section 8 - Organisation of courses
It is at our sole discretion in each individual case to structure the course session, choose the course rooms and select the course tutors.

Section 9 - Accompanying persons
The sessions take place in closed courses. Third parties do not have access. Young people may only be accompanied by their parents or guardians in exceptional cases (e.g. open courses for parents).

Section 10 - Clothing
Special clothing is necessary for some of the dance courses held in the course rooms. You shall be provided with appropriate information on this prior to the start of the course.

Section 11 - Changing courses
Upon consultation with us, it is possible to change to a different type of course in the areas of “dance”, “art” or “artistic”. However, this is only possible if the course in question is not already fully booked. Changing from one type of course to another with a different fee is only possible where the specified period of notice for the originally selected course type has been complied with and the participant has registered again for the new course.

Section 12 - Intellectual property
Parts of the course programme, in particular, choreography and other course content, are our intellectual property. Any disclosure whatsoever to persons not participating in the course or to any other third parties is prohibited. Infringements shall be prosecuted.

Section 13 - Termination of contract
Courses may be terminated with three month’s notice to the end of a month, whereby payment of the fees for this period must be settled in full.

Section 14 - Extraordinary termination
In the case of permanent/serious illness or accident or, respectively, in cases prescribed by law that would make participation impossible, termination of the contract to the end of the month without prior notice shall be permitted upon presentation of a medical certificate to that effect.

Section 15 - Price adjustments
We will be entitled to change/adjust the applicable fees for operational reasons; however, this may not exceed 8% of the respective monthly fee per calendar year.

Section 16 - Copyright and usage
Photography, and film recordings or audio or TV recordings on our premises shall only be permitted with our written permission. Our no-smoking policy applies throughout the entire premises. Mobile telephones/smartphones are to be switched off during all ongoing courses.

Section 17 - Liability
Our liability commences when the participants enter our course rooms and ends when they leave. When performing all activities on our premises, we shall only be liable for damages in cases where we or our vicarious agents or assistants can be charged with intent or gross negligence. In the event of the culpable violation of material contractual obligations, we shall also be liable for negligence. No liability shall be assumed for attire and valuables brought onto the premises.

Section 18 - Altered terms and conditions of contract
Where any changes are made to the terms of contract, a notice shall be displayed in our premises informing our members accordingly. These changes shall come into effect one month after notification of such. Course participants may object to changes that are disadvantageous to them within a period of six weeks. Where such an objection is raised, the contract may be terminated within one month of this objection. If no such notice of termination is given, the objection shall be deemed withdrawn.

Section 19 - Side agreements
Any side agreements must be made in writing.

Section 20 - Invalidity of individual provisions
If any of the above provisions is or becomes ineffective, this will not affect the validity of the remaining provisions. The Parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic intent of the Parties.

Section 21 - Usage rights
We are entitled to publish pictures, photos and videos of the participants, even without the consent of the photographer/videographer or without remuneration being paid by the user. Europa-Park Talent Academy shall retain the right to use photos and videos for in-house advertising, references or similar, even after the contractual relationship has ended.

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