Terms and Conditions (AGB) for Down Under Berlin e.V.
1. General Provisions
1.1 These terms and conditions (AGB) apply to all contracts concluded between Down Under Berlin e.V. (hereinafter referred to as "the Company") and you, the customer (hereinafter referred to as "the Customer") regarding the provision of services.
1.2 The Company is located at:
Linienstr. 218 b
10119 Berlin
Germany
and can be contacted via:
Emai:gday@downunderfilmfest.eu
Phone Number: +49 (0) 157 7154 5103
1.3 By using our services, the Customer agrees to these terms and conditions. Deviating conditions of the Customer will not be recognized unless the Company expressly agrees to their validity in writing.
2. Services
2.1 The Company offers workshops provided from various third party participants. The workshops consist of intensive programs where participants will engage in a variety of activities designed to enhance their acting skills. The services provided include but not limited to; professional instruction from experienced actors and directors, personalized coaching sessions, practical exercises in voice, movement, and improvisation, scene study, and character development workshops, which can be purchased through the Company website. Participants agree to take part and complete the full workshop and will be provided with one hour lunch break and half an hour for dinner on each day.
2.2 The scope, nature, and quality of the services are determined by the contractual agreement and any service descriptions provided by the Company.
3. Conclusion of Contract
3.1 The presentation of services on the Company’s website or through other media does not constitute a legally binding offer but an invitation to submit an order.
3.2 By placing an order through the website, the Customer makes a binding offer to conclude a contract.
3.3 The Company can accept the offer by confirming the order in writing (e.g., via email) or by starting the service provision.
4. Prices and Payment
4.1 All prices are in Euros (€).
4.2 Payment can be made via SEPA direct transfer, credit card or PayPal.
4.3 The Customer agrees to pay the agreed amount according to the payment terms specified in the contract.
4.4 Transaction fees are not included in the prices and will vary depending on the payment services used above.
5. Right of Withdrawal
5.1 The Customer has the right to withdraw from the contract within fourteen days of the deposit and processing fee being paid without giving any reason, unless the interview with the Customer has taken place and/or the workshop has commenced.
5.2 The withdrawal period will expire fourteen days after the deposit is paid.
5.3 The Customer may have the right to withdraw from the contract after the final payment is made, provided the withdrawal is due to medical reasons, such as a serious illness, or other circumstances such as the inability of the service provider to fulfill the contract or significant changes in the provided service, and the Customer must provide appropriate proof of these reasons covering the entire workshop from the day commencement until the final day (e.g., doctor certificate) within 24 hours of the commencement of the workshop. No refunds will be processed for any reasons other than those aforementioned.
5.4 To exercise the right of withdrawal, the Customer must inform the Company of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post, fax, or email).
5.5 Effects of withdrawal: If the Customer withdraws from the contract and is accepted by the Company for the valid reasons above, the Company shall reimburse all payments received from the Customer, including delivery costs (except for the supplementary costs arising if the Customer chose a type of delivery other than the least expensive type of standard delivery offered by the Company).
6. Performance and Delivery
6.1 The Company shall perform the services within the agreed time frame. If no specific time frame is agreed upon, the service shall be provided within a reasonable period.
6.2 The Company is entitled to partial performance, provided that the partial service is usable for the Customer within the scope of the contractual intended purpose and the Customer does not incur significant additional expenses.
7. Customer Obligations
7.1 The Customer must provide all necessary information and documents required for the performance of the services in a timely manner.
7.2 The Customer is responsible for ensuring that any data provided is accurate and complete.
7.3 The Customer may not consume any drugs, including but not limited to; microdosing or alcohol during the workshop both within and outside the workshop hours. Failure to comply will be considered a breach of contract and the Customer will be asked to leave the workshop.
7.4 The Customer may choose to leave the workshop voluntarily; however, this will be deemed a breach of contract, and no refund will be provided.
7.5 If the Company determines that a Customer must be ejected from the course, a pro-rata refund will be issued for any remaining days after the ejection request.
8. Liability
8.1 The Company is liable for intent and gross negligence. In cases of slight negligence, the Company is liable only for the breach of essential contractual obligations, limited to the foreseeable damage typical for the contract.
8.2 Liability for damages resulting from injury to life, body, or health remains unaffected.
8.3 The Company is not liable for the loss of data if the damage would have been avoided by the Customer following appropriate data backup measures.
9. Data Protection
9.1 The Company processes the Customer's personal data in accordance with the data protection laws applicable in Germany.
9.2 Detailed information on the processing of personal data can be found in the Company's privacy policy available at https://downunderfilmfest.eu/privacy-policy/.
10. Amendments to the Terms and Conditions
10.1 The Company reserves the right to amend these terms and conditions at any time without giving reasons, provided that the amendments do not significantly disadvantage the Customer.
10.2 The amended terms will be sent to the Customer by email at least two weeks before they take effect. If the Customer does not object to the validity of the new terms and conditions within two weeks of receipt of the email, the amended terms and conditions shall be deemed accepted.
11. Governing Law and Jurisdiction
11.1 These terms and conditions are governed by the laws of the Federal Republic of Germany.
11.2 The exclusive place of jurisdiction for all disputes arising from this contract is Berlin, Germany.
12. Final Provisions
12.1 Should any provision of these terms and conditions be or become invalid, the remaining provisions shall remain unaffected.
12.2 The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the invalid provision.