Terms and Conditions
General Terms and Conditions of business of WHU – Otto Beisheim School of Management for Open Enrollment Executive Education Programs
§ 1 Scope of Application, Program Format, Participant Terms
1. These General Terms and Conditions apply to the open enrollment executive education programs of WHU – Otto Beisheim School of Management (“WHU”).
2. The open enrollment executive education programs (hereinafter also referred to as “Programs”) are conducted either as in-person events (“in-person format”), as online events (“online format”), or as a combination of online and in-person elements (“blended format”). The respective format is specified in the program description on our website.
3. Any conflicting or deviating terms and conditions of the participant shall not be recognized, even if we do not expressly object to them.
4. These General Terms and Conditions shall also apply if we perform our contractual obligations without reservation despite being aware of conflicting or deviating terms of the participant.
§ 2 Registration, Conclusion of Contract, Changes to the Program, Faculty
1. By registering for a Program, the participant submits a binding offer to conclude a contract. The participant is bound by this offer for 14 days. We will confirm receipt of the registration/offer by email. The contract is only concluded once we accept the participant’s offer within this 14-day binding period. Acceptance must be in text form. If no acceptance is issued within the 14-day period, the offer shall be deemed rejected.
2. If it is not possible to conduct an open executive education program in the agreed format or at the scheduled time, for example because an appointed instructor is unexpectedly unavailable in whole or in part, we will inform the participant without undue delay and, where possible, seek an alternative solution that is reasonable for the participant, such as rescheduling or appointing a substitute instructor. In cases of force majeure, we shall be released from our obligation to perform.
3. If other unforeseen circumstances arise that make it difficult or impossible for us to provide the agreed services in whole or in part, we will inform the participant without undue delay and assess possible adjustments to the Program and/or its content. If such adjustments are reasonable for the participant, the Program will be modified accordingly.
4. Our open executive education programs are delivered by appropriately qualified instructors who are either our employees or engaged by us. The selection of instructors is at our reasonable discretion (within the meaning of applicable law).
§ 3 Failure to Reach Minimum Number of Participants
1. We reserve the right to cancel open executive education programs if the minimum number of participants specified in the respective program description is not reached, up to 12 weeks prior to the start of the Program.
2. Participants will be informed without undue delay of any such cancellation. Any fees already paid will be refunded. Travel expenses (e.g., hotel costs, transportation costs, etc.) incurred by the participant that become useless due to the cancellation, as well as any cancellation fees, will not be reimbursed.
§ 4 Termination of the contract by mutual agreement, Termination for Good Cause
1. We offer participants the option of termination of the contract by mutual agreement prior to the start of the open enrollment executive education program under the following conditions:
- Notification up to 12 weeks before the start of the program: no participation fee is due.
- Notification up to 8 weeks before the start of the program: 25% of the participation fee is due.
- Notification up to 4 weeks before the start of the program: 50% of the participation fee is due.
- Notification up to 2 weeks before the start of the program: 75% of the participation fee is due.
Notification of the request for termination must be made in text form. Compliance with deadlines is determined by receipt of the notification by us. The respective partial participation fee becomes due upon receipt of the notification. If the participant has already made payments, these will be offset and any overpaid amounts refunded. If no payment has yet been made, the original invoice will be cancelled and a new invoice for the applicable partial fee will be issued, payable within 14 days of receipt.
The participant is entitled to prove that no damage or significantly lower costs have been incurred by us than the stated partial fees.
2. For the open enrollment executive education program “Transformational Technologies: Applied Lessons from Sports (by WHU & MIT xPRO)”, mutual termination under the conditions set out in § 4 no. 1 is excluded. However, a substitute participant may be nominated in accordance with § 4 no. 3.
3. Instead of mutual termination pursuant to § 4 no. 1, the participant may nominate a substitute participant in text form. If the substitute participant meets the participation requirements and is willing to enter into the participant’s contractual agreement, a corresponding change of participant will be affected. Participation fees already paid will not be refunded to the original participant but will be credited toward the substitute participant’s payment obligation.
4. The right of both parties to terminate the contract without notice for good cause remains unaffected. Consumers additionally have a statutory right of withdrawal, about which we provide separate information.
§ 5 Participation Fees and Payment Terms
1. The participation fee is due upon conclusion of the contract and must be paid by the participant within 14 days of invoicing. If the Program begins before the expiry of this 14-day period, payment must be made no later than the Program start date. Timely payment is determined by receipt of funds in our account.
2. If the participant fails to pay the due participation fee in whole or in part, we are entitled - subject to statutory requirements - to withdraw from the contract or to withhold our services, i.e., exclude the participant from in-person sessions or block access to online course content. Any further statutory rights and claims remain unaffected.
§ 6 Copyright and Usage Rights
1. We provide the participant with materials related to the booked Program (printed and/or electronic), hereinafter referred to as “Materials,” by:
- handing them over in printed form and/or
- providing them electronically and/or
- making them available for download.
2. The participant is granted a non-exclusive right of use to the Materials for the purpose of their own further education. If the participant is acting as a business entity, they are not entitled to make the Materials (in whole or in part) available to employees or third parties, reproduce them, disclose their content, or make them publicly accessible. Otherwise, the provisions of German copyright law shall apply.
3. The participant is not permitted to edit the Materials or remove any copyright notices or references to WHU as the holder of exclusive usage rights.
4. If a third-party asserts claims against the participant due to an alleged infringement of intellectual property rights arising from the use of the Materials, and such use is thereby impaired or prohibited, we shall, at our discretion and expense, modify or replace the Materials so that no infringement exists while maintaining substantial conformity with the agreed Program content. In all other respects, § 7 shall apply.
§ 7 Liability
1. In the event of property damage or financial loss attributable to us, liability is limited to five times the participation fee.
2. This limitation of liability does not apply:
- in cases covered by a guarantee assumed by us or under the German Product Liability Act,
- where the breach of duty is directly related to the delivery of the open executive education program,
- in cases of intent or gross negligence,
- in cases of injury to life, body, or health,
- in cases of data protection violations.
§ 8 Final Provisions
1. The law of the Federal Republic of Germany shall apply. If the participant is a consumer and the national law applicable at their place of residence contains consumer protection provisions, such provisions shall take precedence.
2. If the participant is a merchant, the exclusive place of jurisdiction for any disputes arising from this contract shall be Koblenz.
3. Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected.
** These T&Cs may be updated from time to time. The version applicable at the time of contract conclusion shall apply.
This English version of the Terms and Conditions is provided for convenience only. In the event of any discrepancies or inconsistencies, the German version shall prevail and shall be solely legally binding.