General Terms and Conditions
Status: March 2024
All legal transactions between ATRACT eG, Gewerbepark 3, 6068 Mils (hereinafter: ATRACT) and the contractual partners (including cooperative members of ATRACT eG) as well as any other delegated participants of the contractual partners shall be based on these General Terms and Conditions in their respective valid version according to www.atract.at/agb.
ATRACT does not accept any deviating terms and conditions of business of contractual partners, even if ATRACT has not expressly objected to them.
1. Registration for the ATRACT FAIRNESS Academy and membership services
Registration for an ATRACT FAIRNESS Academy program must be made in writing using the registration form provided by ATRACT.
The registration form is available for download on the ATRACT website or can be completed and submitted directly online here.
Member companies of the ATRACT eG cooperative can also register for events that are part of the membership in a direct exchange between ATRACT and the member company by telephone/mail or registration form.
By registering, the contractual partner submits a legally binding request to participate in the respective program in accordance with ATRACT’s conditions.
The final decision as to whether the contractual partner’s participation in the respective program will take place under the specified conditions is made by ATRACT after reviewing the documents received. ATRACT will then inform the contractual partner in writing whether the registration for the respective program is accepted. Upon acceptance, the contractual partner is entitled to participate in the selected program.
In the event that a request for participation in a program is rejected, the data of the requesting party received with the application will be completely deleted.
2. Cost contribution and services
The fees for booked services & training programs are due immediately upon receipt of the invoice, free of bank charges and expenses, in accordance with the terms of payment and in any case before the start of the event. In the event of late payment, ATRACT is entitled to exclude the contractual partner from participation in the event/cancel the booked event and to invoice the contractual partner for the costs incurred as a result of the late payment.
Course fees can also be paid by redeeming ATRACT eG vouchers; the value of these vouchers will be deducted from the course fees.
The invoiced fees include the scripts and teaching materials required for the course.
Not included are travel, accommodation and catering costs of the participants and their other expenses.
a. The contractual partner is an ATRACT member company
Special prices for ATRACT member companies only apply if the participant is in a valid employment relationship with an active member of ATRACT eG at the time of the event.
The ATRACT member company shall provide the trainer/coach/fairness auditor with board and lodging free of charge if required.
Cash expenses and travel costs of the trainer/coach/fairness auditor will be invoiced separately in the form of the officially regulated mileage allowance for journeys of 25 km or more from the ATRACT headquarters and are due for payment immediately upon receipt of the invoice.
b. The contractual partner is not an ATRACT member company
The travel and accommodation costs of the trainers/coaches as well as any cash expenses shall be invoiced separately to the contractual partner after the course has been held by ATRACT, pro rata according to the number of participants, should these come from different participating companies, and shall be due for payment immediately upon receipt of the invoice.
3. Scripts, working documents
As part of the ATRACT FAIRNESS Academy programs and events that are part of membership of the ATRACT eG cooperative, participants are provided with scripts and working documents which, unless otherwise stated, are included in the course fee (see point 2. Cost contribution and services).
The purchase of such learning materials is not possible without attending an ATRACT FAIRNESS Academy program.
Reproduction, processing or making available to the public of these scripts and working documents is not permitted except with the prior express written consent of ATRACT.
4. Services provided by third parties
ATRACT shall not be liable for the use of third-party services (e.g. travel, meals, accommodation, other expenses), even if such services are arranged, and shall be indemnified and held harmless by the participants and contractual partners in this respect. This also applies if ATRACT charges fees for the use of third-party services in this regard. Collections shall be made in any case and exclusively in the name and for the account of the respective third-party provider.
5. Cancellation conditions
Cancellation of booked services and training programs before the start of the event can only be made in writing.
Cancellation fees, based on the amount of the fees charged (before deduction of any vouchers), are calculated as follows, depending on the time of cancellation:
up to and including the 15th day before the start of the event…..cancellation is free of charge
from 14 days before the start of the event……50% of the costs
from 7 days before the start of the event…..100% of the costs
In the event of cancellation, the contractual partner will receive an education voucher from ATRACT in accordance with the stated cancellation fees, which can be offset against the costs of future booked events. The course fees paid will not be refunded. The contractual partner is entitled to transfer the training voucher to another company.
For member companies of ATRACT eG, the first booked date of the management workshop, the pre-audit and the quality seal audit is included free of charge as part of the membership. However, missed, additional and catch-up dates must be paid for separately according to the current ATRACT-FAIRNESS-Academy tariff model.
ATRACT is entitled to exclude individual participants from participation in an event in the event of gross misconduct (e.g. sexual harassment, drug use, excessive alcohol consumption, bullying, racism), violation of the house rules of the respective venue and non-payment of course fees before the start of the event. In the event of exclusion, the contractual partner and the participants concerned are obliged to pay the course fee in full, unless payment has already been made before the start of the event. If the course fees have not been paid in advance, ATRACT has the right to invoice and claim the course fees in full despite exclusion.
6. Changes to services
In order to ensure the contemporary and professional quality of the ATRACT FAIRNESS Academy programs and events within the scope of membership at all times, ATRACT reserves the right to cancel, change or replace event dates and locations as well as lecturers if objectively justified.
Such reasonable changes and any short-term deviations do not entitle the contractual partner to withdraw from the contract or to make any claims for damages.
ATRACT shall not assume any costs incurred in the event of cancellation or postponement. The contractual partner will receive an education voucher from ATRACT in the amount of the course fee paid, which can be offset against the costs of the replacement event or subsequent events. The course fees paid will not be refunded. The contractual partner is entitled to transfer the training voucher to another ATRACT member company.
7. Liability
With the exception of personal injury and a breach of essential contractual obligations, ATRACT is only liable for intent and gross negligence. In the event of only a slightly negligent breach of an essential contractual obligation by ATRACT, ATRACT’s liability is limited to the foreseeable, typically occurring damage. Liability for consequential damages is excluded.
ATRACT assumes no liability for the accuracy and completeness of the content provided as part of the continuing education program.
8. Data protection and use of image and video material
ATRACT processes the personal data of participants and contractual partners in accordance with Art. 6 para. 2 of the General Data Protection Regulation exclusively for the fulfillment of the contractual relationship existing between the contractual partner and ATRACT.
The participants and contractual partners of the respective live events and/or webinars agree to the automated processing of their personal data by ATRACT for the purpose of internal communication with persons who attend the same course (other participants) and are entrusted with the organization of the course or seminar (trainers/coaches, ATRACT employees). Furthermore, participants give permission for images and videos to be taken during the event and agree that images and moving images as well as the names of participants may be used for public relations purposes to promote ATRACT offers, subject to revocation at any time.
The information provided in the course of registration will be stored by ATRACT and processed for the purpose of issuing confirmations of participation.
The participant may request the deletion of the data provided by him/her at any time.
Participants may request information about their stored and processed data at any time.
If the participant considers his/her right to data protection to have been violated, he/she may lodge a complaint with the competent supervisory authority (Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, phone +43 1 52 152-0, email: dsb@dsb.gv.at).
9. Place of jurisdiction and effectiveness
Should individual provisions of these terms and conditions be or become invalid in whole or in part, the remaining provisions shall remain in full force and effect. The invalid clause shall be replaced by a clause that comes closest to its purpose in a permissible manner.
If the contractual partner is an entrepreneur within the meaning of the KSchG, the exclusive place of jurisdiction for all disputes arising from the agreements concluded between ATRACT eG and the contractual partner shall be the competent court at the registered office of ATRACT eG. If the contractual partner is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the court in whose district the participant’s place of residence, habitual abode or place of employment is located shall have local jurisdiction in the event of legal action against him/her.
Austrian law shall apply to the exclusion of the conflict of law rules of Austrian private international law.