§ 1 Scope
These Terms and Conditions apply to all bookings of, and participation in, coachings, events, workshops, presentations and other events run by Preissler Music. They are applicable as from their date of publication. Preissler Music reserves the right to amend the Terms and Conditions at any time. The Terms and Conditions as published on this website apply. No repeated advice of applicability shall be required in the event of any amendment to them.
§ 2 Order Placement
Preissler Music provides coaching and development advice, events, training courses and seminars for composers, directors, property masters, stage managers and music students. Following a joint consultation to review your goals, we will provide you with a non-binding quotation for their attainment. Any quotation given remains subject to change. Our proposed coaching courses are structured in the form of modules in the course of single events or seminars. By accepting or confirming a quotation from Preissler Music you enter into a legally binding contract based on these Terms and Conditions, which are considered accepted on placement of order. The said acceptance or confirmation may be provided in writing by letter, fax or electronically. All quotations – regardless of whether issued by telephone, fax, internet, e-mail or in any other way – shall only become binding upon Preissler Music when confirmed by Preissler Music in writing by letter, by fax or electronically.
§ 3 Cancellation of orders
The following cancellation fees shall be due, if an order is cancelled by the hiree:
For cancellations prior to 72 hours prior to the agreed date 40% of the total fee shall be due, for cancellations within 72 hours prior to the agreed date 70% of the total fee, for cancellations within 48 hours prior to the agreed date 80% of the total fee and for cancellations within 24 hours prior to the agreed date 100% of the total fee.
Cancellation fees apply regardless of the reason for cancelling the order and any related culpability. They also apply in cases of force majeure, strikes, storm risk, and potential risk of disease, war or terrorism. The cancellation fees plus statutory VAT shall be due for immediate payment.
§ 4 Fulfilment
The coaching provided by Preissler Music is conducted in person by the company's proprietor Thomas Preissler. However, auxiliary personnel, expert third parties or other intermediaries may be called upon where necessary to fulfil the contract. Any verbally provided information shall be non-binding in nature.
§ 5 Confidentiality and policy
- We shall treat all matters of which we gain knowledge in the course of our activities – whether of a business or private nature – in the strictest confidence, including after termination of the contract. No information of any kind shall be disclosed to third parties. This shall also apply with regard to the exchange of findings between the client and the company in relation to its employees and vice versa. We shall only process personal data entrusted to us in the course of our activities in connection with fulfilment of the contract. We shall delete the said data immediately on termination of the contract, unless it is required for the ongoing documentation and meaningful explanation of our work, or stored it for a period of 10 years due to legal requirements. Preissler Music shall impose the same obligations on any third-party contractors it engages.
- Preissler Music shall keep all the documentation provided in a correct and orderly manner, and shall in particular apply due diligence to ensure that it cannot be disclosed to third parties. The documentation provided shall be returned to the client in full and without prompting on completion of the commissioned project.
§ 6 Place of fulfilment
Sole jurisdiction in respect of all disputes arising from this contract lies with the courts of Berlin. The laws of the Federal Republic of Germany apply.
If you are not resident in Germany or another EU member-state, or if you are a commercial entity, or if you relocate abroad after these Terms and Conditions come into force, or if your domicile or normal place of residence is not known at the time of filing suit, sole jurisdiction in respect of all disputes arising from this contract shall lie with the courts at the home of Preissler Music – that is to say, Berlin.
§ 7 Alternative dispute resolution
The company Preissler Music is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
§ 8 EU dispute resolution
The EU Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr. The company PREISSLER MUSIC is neither willing nor obliged to participate in a dispute settlement procedure.
§ 9 Final provision
If any single provision of these Terms and Conditions should prove legally ineffective, the effectiveness of the remaining provisions shall not thereby be affected. Rather, any ineffective provision shall be replaced by a provision corresponding to – or at least coming close to – the object of the agreement such as the parties would have agreed in order to attain the same commercial outcome if they had been aware of the ineffectiveness of the original provision. The same shall apply in respect of any matters not covered by contract provisions.
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