1.1 These General Terms and Conditions apply to all seminars, learning formats, training, and further education (hereinafter collectively referred to as "Events") offered by TheDive GmbH (hereinafter "TheDive").

1.2 Participation in the events is generally open to everyone. The further education programs particularly include those named Embrace, New Finance, SpaceBeyond, The Loop Approach, and The Stellar Approach.

1.3 These Terms and Conditions do not apply to other services, especially consulting services, provided by TheDive.

1.4 These Terms and Conditions apply to both businesses and consumers. If legal requirements necessitate differences, this will be explicitly indicated.

1.5 These Terms and Conditions are linked in the registration form and must be confirmed by the registering person. Alternatively, they are attached to the offer and thus form part of the offer and registration process.

1.6 For each further education program (e.g., The Loop Approach), TheDive generally offers several content-identical courses per year (e.g., The Loop Approach^® Fellow #33) over different periods. Each course consists of several thematically consecutive modules (e.g., Individual Effectiveness or Feedback & Conflict Competence). The modules are scheduled.

1.7 Deviating or supplementary terms and conditions of the participant do not become part of the contract unless TheDive expressly agrees to their validity. Side agreements, changes, or additions are only effective if agreed in text form, unless mandatory legal provisions state otherwise. If contracts are concluded unconditionally despite knowledge of conflicting or deviating terms, only TheDive’s General Terms and Conditions apply.

1.8 "Text form" (§ 126b BGB) means that a declaration (e.g., cancellation, withdrawal) must be made in readable form, naming the declarant, on a durable medium (e.g., email, letter, fax, PDF). A signature is not required.

2.1 Contract components are the service descriptions, price, and dates of the event as listed under "Key Data of the Seminar" on the registration form at thedive.com.

2.2 Registrations for further education courses are binding for the dates of the modules listed on the website.

2.3 Exceptionally, if available, modules may be brought forward or made up in an earlier or later course. To use this option, a declaration with change requests must be submitted to TheDive before registration. Only after confirmation by TheDive are alternative module participations bindingly booked.

2.4 For The Loop Approach^® Fellow program, participation in the final module "The Loop Approach^® Transformation Architecture" is only possible if the modules "Attitude & Culture" and "Team Effectiveness & Structural Adjustment" have been completed beforehand.

2.5 Registrations must be in text form and can be made via the website form at thedive.com and spacebeyond.de, by email to hello@thedive.com, or by post to TheDive GmbH, Uferstraße 6, 13357 Berlin.

2.6 The contract is concluded by the person's registration and the sending of the registration confirmation by TheDive. Participation is then bindingly booked.

2.7 Registration confirmations are sent in the order of registrations. If a registration cannot be considered, TheDive will inform the registering person immediately.

2.8 Minor deviations in service (e.g., replacement of announced trainers) are possible.

3.1 The participation fee is specified in the registration form on the website or in another offer from TheDive. The fee is stated as a net price per participant plus applicable VAT. The fee includes the cost of training or seminar materials needed for the event. Accommodation and travel costs are not included unless otherwise stated.

3.2 So-called self-payers can generally participate at a discounted fee. The discounted fee is shown on the website. Self-payers are private individuals and sole proprietors.

3.2.1 A self-payer is someone who participates as a private individual and pays the fee from private funds.

3.2.2 A sole proprietor is a natural person who is self-employed without forming a corporation or having partners.

3.2.3 Eligibility for the self-payer discount for sole proprietors must be proven at registration (e.g., business registration, commercial register excerpt).

3.3 If a non-governmental organization ("NGO") is the recipient, it is also possible to participate at a discounted fee. An NGO is defined as an independent, typically non-profit organization operating outside government control, focusing on social, political, or environmental purposes.

3.4 The NGO discount requires that the requesting organization meets the defined criteria and provides appropriate proof (e.g., certificate of non-profit status, register excerpt). TheDive reserves the right to verify NGO status. In disputed cases, TheDive decides at its discretion, considering the association's purpose and actual activities.

3.5 Companies in the legal form of gUG or gGmbH can also book the NGO discount.

3.6 If a company or legal entity under public law (e.g., authorities, ministries, health insurance funds, municipalities, universities, chambers of commerce, public law institutions or foundations) registers participants and is thus the recipient, the "organization payer" category applies.

3.7 On request, payment of the participation fee for further education can be made in up to six installments during the course period. The amount and due date of the agreed installments are noted on the invoice.

3.8 Invoices are generally issued before the event. If payment is not received at least one day before the event, TheDive reserves the right to cancel the contract.

3.9 The invoice must be paid within 14 days of receipt by bank transfer in euros. Deviating payment terms are noted on the invoice.

4.1 If the participant wishes to cancel a booking, TheDive must be informed in text form. The statutory right of withdrawal for consumers remains unaffected.

4.2 Instead of cancellation, a substitute person can be named free of charge up to one week before the event, provided they meet the participation requirements.

4.3 The following flat-rate compensation applies for cancellations, based on the time of receipt by TheDive:

• Up to 90 days before the event: free of charge
• 89 to 30 days: 25% of the fee plus VAT
• 29 to 15 days: 50% of the fee plus VAT
• From 14 days: 100% of the fee plus VAT

The flat-rate cancellation fees do not apply if the consumer proves that no or significantly less damage has occurred. If the place can be filled by someone else, no cancellation fee is charged.

4.4 If the participant wishes to attend one or more modules in another course after booking, this is considered a request for contract amendment and requires TheDive’s confirmation.

4.5 Rebooking for one-day or single events without follow-up dates is generally excluded.

4.6 Each rebooking incurs a processing fee of €150 plus VAT, but no more than 15% of the original fee.

4.7 A maximum of two rebookings per participant per course is allowed. A maximum of two modules per course can be rebooked.

4.8 More than two rebookings per participant per course or rebooking more than two modules is considered a cancellation, and section 4.3 applies. Already paid rebooking fees are deducted from the cancellation fees.

4.9 Rebooking to other courses depends on available slots (usually max. 2 per module). There is no entitlement to a successful rebooking.

If the contract is concluded by means of distance communication, the participant, insofar as he/she is a consumer within the meaning of consumer protection law (i.e. he/she is acting for purposes which can predominantly be attributed neither to his/her commercial nor self-employed professional activity), has a statutory right of revocation in accordance with the EU Consumer Rights Directive 2011/83/EU.

5.1 Right of Revocation
You have the right to revoke the contract within fourteen days of the conclusion of the contract without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. Saturdays, Sundays and public holidays are included. If the end of the period falls on a Saturday, Sunday or public holiday, the period is extended to the next working day.

5.2 Exercise of the Right of Revocation
To exercise the right of revocation, the participant must inform TheDive of his/her decision to revoke the contract by means of a clear declaration. The attached revocation form may be used for this purpose, but this is not mandatory. The revocation declaration can be made in writing (e.g. letter, e-mail) or on another durable medium and must be sent to TheDive.

5.3 Consequences of Revocation
If the contract is revoked, TheDive shall refund all payments received from the participant immediately and at the latest within fourteen days from the day on which the notification of the revocation of the contract was received by TheDive. The same means of payment as used by the participant for the original transaction will be used for the refund, unless expressly agreed otherwise; in no case will any fees be charged for this refund.

5.4 Compensation for Value in Case of Premature Commencement of Performance
If the participant has expressly agreed that the service shall commence during the revocation period and he/she has been informed about the loss of the right of revocation in the event of complete fulfillment of the contract, he/she shall pay TheDive a reasonable amount corresponding to the proportion of the services already provided up to the time at which he/she notified TheDive of the revocation compared to the total scope of the services provided for in the contract.

5.5 Expiry of the Right of Revocation
The right of revocation expires prematurely if the service has been fully performed and the participant has expressly agreed before the start of performance and confirmed his/her knowledge that he/she will lose the right of revocation upon complete fulfillment of the contract by TheDive.

5.6 Model Cancellation Form
(If you wish to revoke the contract, simply fill in this form and return it.)

To:
TheDive GmbH
Uferstraße 6
13357 Berlin
Email: hello@thedive.com

I hereby revoke the contract I have concluded for the provision of the following service:
Date of registration:
Name of consumer:
Address of consumer:
Signature of consumer (only if notification is on paper)
Date:

6.1 TheDive is entitled to cancel courses and events if, in particular, one or more of the following reasons occur:

• Insufficient number of participants (minimum is eight)
• Trainer is unavailable for health reasons
• Force majeure (e.g., epidemic)

6.2 In case of cancellation of a complete course or events by TheDive, the participation fee will be refunded in full within 14 days of cancellation.

6.3 If a module is cancelled for reasons stated in 6.1, TheDive will try to offer a replacement date. If the participant cannot attend, they may make up the module in a later course if available.

6.4 In case of cancellation, there is no entitlement to reimbursement of travel, accommodation, or lost work costs.

6.5 TheDive may make necessary content, methodological, or organizational changes to individual events without the participant’s consent, provided this does not result in a significant change in service. A significant change is not deemed to have occurred if, due to a pandemic, in-person events is switched to online sessions.

6.6 In the event of a significant change, the recipient may withdraw from the contract free of charge or instead participate in an equivalent event if TheDive can offer such an event at no extra cost. These rights must be asserted immediately after notification of the change.

7.1 Photographs of participants may be taken during events as part of a photo protocol. These are only made available to participants, trainers, and TheDive staff subject to confidentiality. If a participant does not consent to being photographed, they must inform the trainers before the event.

7.2 Participants may be photographed or filmed during events. Such recordings may be used for TheDive’s advertising purposes. If used for advertising, consent will be obtained from each participant before use.

7.3 Consent can be withdrawn at any time with effect for the future. Participants who do not wish to be photographed or filmed should notify before the event. The legal basis for processing is Art. 6(1)(a) GDPR (consent).

8.1 The evens, seminars and other services are carefully prepared and conducted by qualified trainers. TheDive does not assume any liability for the topicality, accuracy and completeness with regard to the training materials and the implementation of the training or other services provided.

8.2 The recipient of the service acknowledges that TheDive does not assume any responsibility for accidents occurring on the way of the participants to and from the seminar location. The seminar location is any place where TheDive carries out activities of any kind together with the participants of an event. If these are seminar rooms in a building, the participant’s way begins and ends at the general entrance to the seminar rooms.

8.3 TheDive is only liable for damages in case of fault. The liability of TheDive for damages, in particular due to breach of duty, delay in performance or non-performance or improper performance of the service, is excluded in case of slight negligence. This does not apply in case of negligent breach of essential contractual obligations by TheDive or its legal representatives or vicarious agents; in such case, the liability of TheDive is limited to the typical and foreseeable direct damage under the contract. An essential contractual obligation is an obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the participant has relied and was entitled to rely. The above limitations of liability do not apply in case of damages resulting from injury to life, body or health for which TheDive is responsible, or in case of mandatory liability under the Product Liability Act.

8.4 The further education and training programs offered are exclusively learning and training services, not therapy services.

8.5 TheDive is not liable for damages caused by accidents and/or by loss or theft of items brought into the event locations, in particular coats or valuables.

8.6 In case of damages caused by the participant, both the participant and the registering company are liable.

8.7 To the extent that the claim for damages against TheDive is excluded or limited, this also applies with regard to the personal liability for damages of its employees, representatives and vicarious agents.

The participant undertakes to keep confidential all information concerning the private and/or intimate sphere of the other participants and the trainers (including information concerning third parties) which he/she becomes aware of in the course of participating in a further education/training program. The disclosure of such information to third parties is not permitted.

10.1 For order processing and the implementation of the events, the name, address, invoice data, telecommunications data and email address of the participant are required. The personal data is used by TheDive exclusively for the purpose of fulfilling the contract. The participant may request information about the stored data at any time. TheDive treats this information confidentially and does not pass it on to third parties, except to partner companies that need the data to process the order.

10.2 The participant’s data is processed electronically for internal purposes. The data associated with the registration is stored in compliance with data protection regulations.

10.3 Otherwise, the data protection provisions under www.thedive.com/de/datenschutz apply.

11.1 Unless otherwise stated in the contract, the place of performance is Berlin.

11.2 If the recipient is a business or legal entity under public law, Berlin is agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.

11.3 If the participant is a consumer, the statutory jurisdiction rules apply. If, after conclusion of the contract, the participant moves their residence or habitual abode out of Germany or their residence or habitual abode is unknown at the time of legal action, the place of jurisdiction is TheDive’s registered office in Berlin.

11.4 Only the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.