GENERAL TERMS & CONDITIONS FOR TRAINING EVENTS

1) Scope

All our training events are offered on the basis of these GENERAL TERMS & CONDITIONS FOR TRAINING EVENTS unless there is any written agreement to the contrary.

2) Registration

Orders for training events with INNIO Jenbacher must be made by the customer in writing or through the Training Center Homepage in the internet under https://training.innio.com/jenbacher. By placing a written order, the customer accepts these GENERAL TERMS & CONDITIONS FOR TRAINING EVENTS and his order shall then be considered binding. However, an agreement between the customer and INNIO Jenbacher shall come into effect only when INNIO Jenbacher sends written confirmation. This shall contain all the important and necessary information about the training event ordered. Bookings can also be placed via phone. For Bookings via our Website a valid Account is required. Bookings can also be done by INNIO branches and distributors.

3) Start, duration and location of event

The start, duration and location of the training event will be announced by INNIO Jenbacher in good time. This information shall become binding only with INNIO Jenbacher’s written order confirmation.

4) Services

INNIO Jenbacher provides services in the course of the agreed training event using its own employees or third parties with suitable qualifications. The scope of the training, methods, topics and goals of the training event are laid out in the current training program and can be adapted to the participants and conditions of specific training events as required. INNIO Jenbacher reserves the right to make changes to the program.

5) Prices

The prices of training events can be found in the current training program, and will be agreed upon in writing with the customer. Previous training programs are no longer applicable as soon as a new training program is published. All prices are given in euros plus value-added tax at the applicable rate.

The prices of training events are per participant, and include training, use of technical facilities and systems in the Training Center as necessary, working documents, training documentation, beverages in the breaks, lunch and occasionally other meals during the training event as well as a giveaway. Hotel and accommodation costs as well as travel expenses and other costs incurred by training participants are not included and must be borne by the customer.

The prices of on-site training events on the customer’s premises are per training event, and include training, working documents and training documentation as well as a giveaway where applicable. Travel expenses for the trainer are not included and will be invoiced at cost together with the training fees.

The maximum number of participants for on-site training events is limited to eight persons. An event with more than eight participants requires the written consent of INNIO Jenbacher, and an additional training fee of EUR 200 each will be invoiced for the ninth and every additional participant.

In the case of on-site training events, care must be taken to ensure that an operational gas engine unit belonging to the customer is available for practical instruction during the relevant training units.

The customer is not entitled to any reduction of the training price if individual training units are not taken.

6) Payment

The total amount invoiced is payable on receipt of the invoice. Method and terms of payment will be indicated on the invoice. The customer is entitled to offset other claims and withhold amounts only in the case of payment claims expressly acknowledged or established by a final and binding court ruling.

7) Cancellation, annulment, postponement or alteration of training events

In case of insufficient registrations until 15 days prior to the start of a training event, INNIO Jenbacher reserves the right to cancel the training, postpone the date, or propose an alternative date.

INNIO Jenbacher is also be entitled to cancel a training event if the trainer scheduled for this training event is indisposed at short notice, e.g. due to illness.

In such cases, INNIO Jenbacher will refund any training fees already paid. However, neither the customer nor any third party is entitled to replacement or consequential costs due to the cancellation or postponement of a training event or individual training units.

INNIO Jenbacher reserves the right to replace the trainer or alter the training schedule provided this does not impair the purpose of the training event. Any such modifications will not entitle the customer to withdraw from the agreement, or to any price reductions.

8) Cancellation

The customer will be entitled to rescind and cancel the agreement free of charge provided this is done at least 30 calendar days prior to the commencement of the training event in question. A cancellation fee of 50% of the agreed course fee must be paid if cancellation is made more than 15 calendar days prior to the commencement of the training event. A cancellation fee of 100% of the agreed course fee must be paid if cancellation is made less than 15 calendar days prior to the commencement of the training event.

Cancellation must always be made in writing, and the date on which INNIO Jenbacher receives the written notice of cancellation will be taken as the effective date of any such cancellation. INNIO Jenbacher will refund any training fees already paid after deduction of the cancellation fees specified above.

9) Liability

INNIO Jenbacher accepts no liability whatsoever with respect to the customer or any third party for the success of any training event. All training topics will be taught by experienced trainers to the best of their knowledge and ability. However, INNIO Jenbacher can accept no liability for participants understanding or applying what they have learned correctly.

INNIO Jenbacher attaches great importance to the safety of its employees, customers, suppliers and other persons who may be on its business premises or taking part in training units either at one of its venues or on the customer’s premises. At the beginning of the training event, every training participant will be familiarized with the relevant safety regulations, and will confirm that he has read and understood these regulations. In the event of any infringement of these regulations, INNIO Jenbacher reserves the right to exclude the training participant from the training event without prior warning. In this case the customer will not be entitled to any pro rata refund of the course fee.

In the event of the theft or loss of property provided by the customer or individual participants, INNIO Jenbacher will be liable only for losses due to intent and gross negligence.
In the event of an accident, as organizer INNIO Jenbacher will be liable only to the extent prescribed by law.

However, to the extent that this is legally permissible, INNIO Jenbacher’s total liability will be limited to the amount of the training fees paid.

10) Copyright

INNIO Jenbacher training documents may contain information protected by copyright. All rights, particularly those of reprinting and copying these training documents or parts of them, require INNIO Jenbacher’s explicit written consent.

It is explicitly forbidden to make audio or video recordings of training events.

11) Miscellaneous

Any arrangements deviating from this agreement will be effective only if made in writing.

The customer undertakes to inform INNIO Jenbacher both before and during the training event of any circumstances of which he is aware that may have a negative impact – either directly or indirectly – on the training event.

Should any provision of this agreement or any other arrangements agreed upon be ineffective, this shall not affect the effectiveness of the remaining provisions and arrangements. The contracting parties undertake to replace any such ineffective provision by another provision that matches its commercial effect as closely as possible.

12) Applicable law

The parties agree that only Austrian law will apply to this agreement.

13) Jurisdiction

The legal jurisdiction of Innsbruck is agreed upon for any disputes arising out of or in connection with this agreement.

In case of training events in Germany, Italy, the Netherlands or Spain the following legal jurisdiction shall – under sole application of Austrian law – also is possible in addition to Innsbruck:

Germany: Frankenthal/Pfalz
Italy: Verona
Netherlands: Rotterdam
Spain: Madrid
USA: Houston, Texas

INNIO Jenbacher will nevertheless be entitled to institute legal proceedings with the court with jurisdiction over the customer’s registered offices or place of business. Prior to the commencement of a training event, overseas customers may be requested to nominate a representative ad item for any legal proceedings in Austria.