Terms and Conditions
1.1 These terms and conditions shall apply to all trainings and events offered as public training courses on the DB RA website www.deutschebahn.com/rail-academy as well as to related services (hereinafter individually and collectively referred to as the Services) provided by DB RA to each of its Customers (hereinafter individually referred to as the Customer), unless otherwise expressly specified by separate written agreement.
1.2 Any general terms and conditions of the Customer are expressly excluded and shall not be applicable even if this is not expressly stated by DB RA.
2.1 The Services available at DB RA are described on DB RA´s website or as individually agreed upon written offer submitted by DB RA.
2.2 Each agreement for the provision of Services by DB RA to the Customer (hereinafter referred to as the Agreement) shall come into force only after the Customer has registered for a specific Service by DB RA on the website of DB RA and has received confirmation of DB RA of such registration.
3. Performance of the Services
3.1 The Services will be rendered as described on the website of DB RA at the time of booking by the Customer. DB RA reserves the right to make necessary adjustments or deviations in the content and methodology of the Services, provided that these do not significantly change the topic or the overall character of the seminar concerned. DB RA is not responsible for any learning achievement on the part of the Customer or other outcome of the Services.
3.2 Both any persons entrusted by DB RA with the organization of the training and the trainer providing the Service itself are entitled to issue instructions to the Customer and to each participant of a training and to exercise domiciliary rights.
4. Change of Participant, Time, Date or Venue
4.1 DB RA is entitled to change the technical requirements for the Services and/or time and/or date of the Service at short notice (hereinafter referred to as the Variation). If the Variation does not suit the Customer, the Customer may cancel the Service in which case DB RA shall refund to the Customer any sums already paid. Sections 9 and 10 shall apply and remain unaffected.
5. Cancellation/ Right to Revocation
5.1 If the Customer is a consumer within the meaning of section 13 German Civil Code (i.e. a natural person who enters into the Agreement for a purpose that cannot be attributed to its commercial or self-employed professional activity), the Customer has a right of revocation in accordance with the statutory provisions.
The Customer has the right to revoke the Agreement within fourteen days from the date of the conclusion of the Agreement without giving reasons.
To exercise the right of revocation the Customer must inform DB RA about its decision to withdraw from the Agreement by means of a clear statement to DB RA (DB Engineering & Consulting GmbH, DB Rail Academy, Saonestraße 3, 60528 Frankfurt am Main , Tel. +49 69 265-46725, Email: firstname.lastname@example.org, Fax e.g. by letter, email or fax. The Customer may also use the attached Sample Withdrawal Form, which is however not mandatory.
In order to comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is sent before the end of the revocation period.
If the Customer revokes the Agreement, DB RA shall reimburse all payments received from the Customer including delivery charges (other than any additional charges arising from your choice of a different method of delivery to the cheapest standard delivery offered by us) without undue delay but not later than 14 days from the receipt of the notice of revocation. DB RA will use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise; in no event will the Customer be charged for the refund.
The right of revocation expires if DBRA have started to execute the Agreement after the Customer
- has expressly agreed that DB RA shall commence execution of the contract before the expiry of the revocation period, and
- has confirmed its knowledge that they lose their right of revocation with the beginning of the execution of the Agreement.
5.2 If it turns out that the number of participants who have registered for the specific Services will not be sufficient at the time when the Service should be rendered, DB RA is entitled to offer a Variation or to cancel the Services entirely or partly at short notice. In case of cancellation of Services by DB RA, DB RA shall refund to the Customer any sums already paid. Sections 9 and 10 shall apply and remain unaffected.
5.3 Notwithstanding the Customer’s right of revocation per clause 5.1 above, the Customer is further entitled to cancel its participation in the Services entirely by submitting written notification prior to commencement of the respective Services. Such notification must be sent to email@example.com and include the full name (first and last name) of the Customer, the name, place and dates of the Services, the transaction date, the booking reference number and the invoice number. In case of cancellation, the Customer shall be obliged to return or destroy any training material already received at his own expense.
5.4 In case of cancellation by the Customer up to 45 calendar days prior to the commencement of the Services, the Customer will be charged a cancellation fee of 10% of the price for the respective Service. In case of cancellation up to 30 calendar days prior to commencement of the Services, the Customer shall be obliged to pay a cancellation fee amounting to 50 % of the agreed price for the respective Service. The full price of the respective Service will be charged in case of cancellations less than 30 calendar days prior to commencement of the Services. Relevant for the cancellation fee payable shall be the date on which DB RA has received the written notice of cancellation by the Customer. The full price of the Services will be charged if the Customer fails to attend the event without prior notice.
5.5 In case of the cancellation of Services (whether by DB RA or by the Customer), the respective Agreement shall terminate accordingly. The right of DB RA and the Customer to terminate the Agreement for good cause shall remain unaffected. Good cause for termination by DB RA shall apply in particular if a Customer continues to disrupt the course of a training/event despite a warning, damages or destroys DB RA premises and/or equipment or if the Customer behaves in any other way which means that DB RA, the trainer or other participants cannot reasonably be expected to continue the training/event.
6. Prices, Terms of Payment, Offsetting
6.1 Prices shall be charged according to the price for the Services available on the website of DB RA and valid on the date of registration.
6.2 The Customer shall receive an invoice upon confirmation of its registration for a specific Service according to Section 1. Payment shall be due upon registration. All payments to be made by the Customer shall be made free and clear of and without deduction for or on account of tax, including but not limited to Value Added Tax, Goods and Services Tax or Withholding Tax, unless the Customer is required to make such a payment subject to the deduction or withholding of Tax, in which case the sum payable by the Customer shall be increased to the extent necessary to ensure that DB Rail Academy receives a sum net of any withholding or deduction equal to the sum which it would have received had no such deduction or withholding been made or required to be made.
6.3 The price for the Services includes the training materials distributed to the Customer whether in paper or digital form
6.4 The price shall not be reduced if the Customer makes only partly use of the agreed Services.
6.5 In case of delayed payment, cancellation of payment or non-payment of the Customer to DB RA, DB RA is entitled to refuse the Customer´s admission to the Services.
6.6 The Customer shall not be entitled to offset claims the Customer may have against DB RA against claims of DB RA for payment of the Services.
7. Retention of Title
All documents supplied to the Customer shall remain the property of DB RA until full payment of all claims arising from the Agreement with the Customer. This retention of title shall also apply to any files supplied on data carriers or online.
8. Property Rights, Copyright and Rights of Use
8.1 Unless otherwise agreed by separate written agreement, the Customer shall be granted an unlimited, irrevocable, non-transferable and non-exclusive right to use the training materials supplied within the scope of the Agreement for use by the Customer on his own premises and for his individual use. Training materials must not be used by the Customer to train third parties. All property rights and other rights of use shall remain the sole property of DB RA or any other holders of the corresponding copyright. Copyright notices, trademarks and brand logos must not be removed.
8.2 The Customer shall not be allowed to make any video and/ or audio record of the Services or any part thereof.
9.1 DB RA shall be liable to the Customer for damages in full pursuant to statutory governing law in cases of gross negligence and willful misconduct. In case of simple negligence on the side of DB RA, the liability of DB RA to the Customer shall be limited to predictable damages.
9.2 The aforementioned limitations on the limitation of damages shall not apply if liability is compulsorily prescribed by law, for example pursuant to the Product Liability Act, personal injury, assumption of a guarantee for the quality of an item or the infringement of material obligations under the Agreement.
9.3 Notwithstanding the foregoing, however, the Customer shall not be entitled to reduce the agreed price for the Service due to any defects in technical equipment or other facilities provided unless DB RA is unable to render the Service entirely.
10. Statutory Limitation
All and any claims of the Customer – regardless of the legal reasons – shall become statute barred after 12 months.
11. Additional Terms and Conditions governing Training Facilities
11.1 If and to the extent the Services are provided via the Internet, the Customer shall procure that he has available all required, telecommunication facilities, IT hard- and software required to access and participate in the Services as described on DB RA’s website or as communicated otherwise ahead of the Services. DB RA is not responsible for ensuring that the Customer is actually able to access the Services from his location, unless the obstacle is due to the IT infrastructure provided by DB RA. In particular, it is the Customer's responsibility to ensure that its equipment is compatible with the technology used by DB RA to provide the Services and that there are no obstacles to access at its location, such as government restrictions on access to internet services.
11.2 The Customer shall not be entitled to the provision of the Services via a specific communication platform or technology or provision of other specific training equipment or facilities unless expressly agreed and confirmed by DB RA. If specific means of communication, equipment or training facilities have been agreed and confirmed by DB RA as above are not available for any reasons whatsoever, DB RA shall be entitled to arrange for a reasonable equivalent substitute.
11.3 The Customer is permitted to take food and drink into training facilities only with the prior consent of DB RA and according to existing domiciliary rules and regulations.
11.4 The Customer shall reimburse DB RA for any damage caused by the Customer during the Services to DB RA’s equipment (including in particular any hard- or software whether on DB RA premises or not) unless the Customer provides evidence that he was not responsible for the damage.
11.5 The use of training facilities after completion of the training/event is permissible only pursuant to prior written consent of DB RA. If any training facility is used without such consent, the Customer shall pay rental fee to DB RA or compensate DB RA for any fee charged to DB RA for such use.
11.6 Health and safety regulations shall be applied for the provision of Services in track fields. The necessary measures of safety are to be determined on the basis of a risk assessment for the selected venue.
12. Compliance, Representations and Warranties
12.1 The Customer and DB RA represent and warrant to each other that they (and their respective representatives and employees) have performed and will perform their respective duties and obligations under or in connection with these terms and conditions and any future agreement in compliance with all applicable national or international laws and regulations (hereinafter collectively referred to as Applicable Laws), in particular anti-corruption laws.
12.2 If either the Customer or DB RA has reason to believe that a breach of the representations and warranties under the preceding para. 12.1 by the other party (hereinafter the Breaching Party) has occurred, the Breaching Party shall cooperate fully and in good faith in order to investigate whether a breach has occurred and – in the event of a breach - agree on appropriate remedial action without undue delay.
12.3 In the event of a material breach of one of the representations and warranties under the preceding para. 12.1 has occurred, the non-breaching Party (hereinafter the Non-Breaching Party) shall have the right to terminate the contractual relationship with immediate effect. Such termination is to be made in writing. A material breach means – for purposes of this Article 13 – a breach of criminal laws (e.g. anti-corruption laws).
12.4 In the event of any breach of one of the representations and warranties under the preceding para. 12.1 has occurred, the Breaching Party shall indemnify, defend and hold harmless the Non-Breaching Party and its parent and/or affiliated companies against each and every claim, cost, liability, expense or other loss resulting from or in connection with any such breach.
13.1 The performance of the contractual obligations of DB RA is subject to the condition that the performance of the contractual obligations does not conflict with any DB policy, or with applicable national, European or international export control regulations, such as embargoes, sanctions or other restrictions which do not contradict applicable German or EU anti-boycott legislation. DB RA reserves the right to exclude any Customer and/or participant and withdraw from the Agreement (Rücktritt) in case the participation of the Customer and/or participants would be in breach of a DB policy or the afore mentioned export control regulations. The same shall apply if any financial transactions to and from the Customer and/or participants would create liability risks for DB RA vis-à-vis its banks. Claims for damages of any kind or any other rights or remedies of either any the Customer and/or participant in connection with the withdrawal right of DB RA in this para. 13.1 are excluded.
13.2 DB RA is entitled to transfer rights and obligations under the Agreement to an associated company within DB group without the consent of the Customer.
13.3 The invalidity of any individual provisions of the Agreement shall not affect the validity of the other provisions or of the Agreement in its entirety. In case of invalidity if any individual provision, the Customer and DB RA shall be obliged to replace the invalid clause by a provision which comes as close as possible to the economic purpose of the invalid provision.
13.4 No subsidiary verbal agreements exist. Any amendments and/or addenda to this Agreement must be made in writing.
13.5 The Agreement shall be governed by German law.
13.6 All and any disputes arising from the Agreement shall be settled at court. Legal venue shall be the place of the registered office of DB RA.