1.1 These general terms and conditions apply to all professional development and training courses offered by TheDive GmbH ("TheDive") under the Loop Academy brand. They govern the contractual relationship between TheDive and the participant. These general terms and conditions will not apply to other services from TheDive.
1.2 A professional development course consists of several professional development modules that build on each other (e.g., The Loop Approach® Fellow course). A professional development program is a timetabled professional development course (e.g., The Loop Approach® Fellow course #3 from April to July 2020). A training course is an event in which a group learns/works on the contents of a topic under the guidance of at least one trainer (e.g., Individual Effectiveness).
1.3 Any deviating or additional terms and conditions of the participant will not form part of the contract unless TheDive expressly agrees to their validity. Ancillary agreements, amendments, or supplements must be made in writing or electronically to be effective. The same applies to any waiver of the written or electronic form requirement. If contracts are concluded with knowledge of conflicting or deviating terms and conditions without reservation, TheDive’s general terms and conditions will still apply exclusively.
2.1 In principle, any individual may participate in professional development and training courses. Places are allocated in the order in which registrations are received. If a registration cannot be accommodated, TheDive will inform the participant immediately.
2.2 Essentially, the subject of the contract will be the service descriptions contained on the Loop Academy website (the "website") (e.g., module descriptions for The Loop Approach® Fellow course). Minor deviations (e.g., replacement of advertised trainers) are possible. Separate agreements, deviations, and ancillary agreements must be made in writing or electronically.
2.3 Registrations are essentially for a complete professional development program (e.g., for The Loop Approach® Fellow course #3 from April to July 2020).
2.3.1 Exceptionally, after consultation with TheDive and subject to availability, it is possible to bring forward individual professional development modules to an earlier professional development program or to catch up on them in a later one.
2.3.2 You can only take part in the final The Loop Approach® Fellow module, The Loop Approach® Transformation Architecture, if you have already completed the Attitude & Culture and Team Effectiveness & Structural Alignment modules.
2.4 Registration must be performed in writing or electronically, in particular
- via web form,
- by email to loop@thedive.com,
- by mail to TheDive GmbH, Attn.: Loop Academy, Uferstrasse 6, 13357 Berlin, Germany.
2.5 The contract is concluded by the participant registering and TheDive sending confirmation of registration.
3.1 The registration form on the website or other TheDive offers will show the course fee. The course fee is stated as a net price per participant. The course fee includes the costs for the materials required for the professional development or training course. The fee does not include accommodation and travel costs. These are to be borne by the participant.
3.2 Self-pay participants can take part in the Loop Academy’s professional development and training courses at a discounted rate. The discounted course fee is shown on the website. Self-pay participants are private individuals or sole proprietors who pay the course fee themselves.
3.3 At the participant’s request, the course fee may be paid in no more than six monthly installments. The parties must expressly agree on this in writing or electronically.
3.4 Invoices are generally issued before the event takes place. If the participant's payment is not received at least one day before the start of the event, TheDive reserves the right to cancel the contract.
3.5 The invoice must be paid in euros within 14 days of receipt, subject to any individual agreements otherwise.
4.1 If a participant wishes to cancel a booking, TheDive must be informed in writing or electronically.
4.2 For professional development programs, instead of canceling, a substitute participant may be nominated free of charge for the entire course up to one week before the first module is due to take place. This also applies to training courses.
4.3 The following fees will apply in the event of cancellation:
- cancellation up to 90 days before the start of the professional development program or training course: free of charge, since TheDive still has sufficient opportunity to reassign the place;
- cancellation up to 30 days before the start of the professional development program or training course: 25% of the professional development/training course fee plus VAT,
- cancellation between 15 and 29 days before the start of the professional development program or training course: 50% of the professional development/training course fee plus VAT;
- cancellation within 14 days prior to the start of the professional development program or training course: 100% of the professional development/training course fee plus VAT.
4.4 If a participant abandons an ongoing professional development program or fails to attend, the professional development program will be invoiced in full. This also applies for training courses.
4.5 If a participant does not attend individual modules or wishes to cancel participation in a particular module of a professional development program and postpone participation until another program, TheDive must be informed immediately in writing or electronically.
4.5.1 The following rebooking fees will apply regardless of the duration of the module and the reason for non-attendance/withdrawal:
- rebooking up to 30 days before the start of the module: free of charge as TheDive still has sufficient opportunity to allocate the place on the canceled module to an interested party on the waiting list;
- rebooking from 29 days before the start of the module: 150 euros plus VAT.
4.5.2 If the participant rebooks more than two modules within one professional development program, the cancellation fees in 4.3 above will apply to the rebooked modules instead of the rebooking fees shown in 4.5.1.
4.5.3 TheDive cannot guarantee a rebooking for a specific module date from another professional development program. The rebooking will be made taking into account available rebooking quotas on the other dates on offer (usually a maximum of 2 places per module).
If the participant is a consumer, they have a statutory right of withdrawal (see Sections 355 and 312c of the German Civil Code [BGB]).
5.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reasons. The withdrawal period is fourteen days from the date the contract is concluded (355(2) BGB).
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or email). You are welcome to use the included sample withdrawal form for this purpose.
To comply with the withdrawal period, notification of your exercise of the right of withdrawal simply needs to be sent before the expiration of the withdrawal period.
5.2 Consequences of withdrawal
If you withdraw from the contract, TheDive shall refund all payments that we have received from you without delay and within fourteen days from the date on which we received the notification of your withdrawal from this contract at the latest. We will use the same means of payment that you used for the original transaction for the refund unless expressly agreed otherwise with you. You will not be charged a fee for this refund.
If the service begins during the withdrawal period, you must pay a reasonable amount after exercising your right of withdrawal if you have expressly requested that we commence the service before the end of the withdrawal period. In the case of contracts concluded away from business premises, we only have a claim for compensation if you have transmitted your request after the start of the performance of the service on a durable data medium.
“Reasonable” here is an amount corresponding to the proportion of the services already provided up to that point in time compared to the total scope of the services provided for in the contract. By “that point in time,” we mean the time we receive the notification of your withdrawal from this contract.
5.3 Sample withdrawal form
(If you wish to withdraw from the contract, simply fill out and return this form.)
To:
TheDive GmbH
Uferstrasse 6
13357 Berlin
Germany
Email: loop@thedive.com
I hereby withdraw from the contract I have entered into for the provision of the following service:
Registration date:
Consumer name:
Consumer address:
Signature of consumer (only in case of notification on paper)
Date:
6.1 TheDive is entitled to cancel professional development programs, modules, and training courses for one or more of the following reasons in particular:
- insufficient number of participants (the minimum number of participants for professional development and training courses is eight people),
- the trainer cannot attend for health reasons,
- force majeure (e.g., an epidemic).
6.2 If TheDive cancels a complete professional development program or training course, TheDive will refund the course fee in full immediately, no later than 14 days after cancellation.
6.3 If an individual professional development module must be canceled for reasons stated in Section 6.1, TheDive will make every effort to offer an alternate date. If the participant is unable to attend the alternative date, they will be able to catch up on this part of the course in a subsequent professional development program.
6.4 In the event of a cancellation, any claim for reimbursement of travel and accommodation costs or costs incurred due to loss of work shall be excluded.
6.5 TheDive is entitled to make necessary changes to the content, methodology, or organization of individual professional development programs or training courses without the participant's consent, provided that this does not result in a significant change to the service. The changing of in-person training courses for remote sessions as a result of the consequences of a pandemic does not constitute a significant change to the service.
6.6 In the event of a significant change to the service, the customer may withdraw from the contract free of charge or demand participation in another event of at least equal value instead if TheDive is in a position to offer such an event from its portfolio at no additional cost to the customer. The customer must assert these rights in respect of TheDive without undue delay after being notified of the change to the service by TheDive.
7.1 During the events, participants' photographs may be taken to create a photographic record. The photographic record will only be made available to participants in the professional development/training course and TheDive’s trainers and employees, who are subject to a duty of confidentiality. If the participant does not consent to being photographed, this must be communicated to the trainers before the training course/professional development module starts.
7.2 Participants may be photographed or videoed during the events. TheDive may use these images for promotional purposes. If the images are to be used for promotional purposes, the trainers or another Loop Academy employee will obtain the consent of each participant pictured separately before the planned use.
8.1 TheDive will be liable for willful acts and gross negligence. Furthermore, TheDive will be liable for any negligent breach of obligations material to the proper execution of the contract and whose breach jeopardizes the achievement of the purpose of the contract and on which the participant may generally rely. In the latter case, TheDive will only be liable for such damages as are foreseeable and typical for this type of contract. Liability for the minor negligent breach of obligations other than those mentioned in the preceding sentences is excluded. This liability limitation will also apply to TheDive's vicarious agents. The above liability disclaimers will not apply in the event of injury to life, limb, or health.
8.2 All recommendations and assessments within the scope of professional development and training courses are made to the best of our knowledge and belief, in keeping with the facts we are aware of at the time.
8.3 The professional development and training courses offered are exclusively learning and training services, not therapy services.
8.4 TheDive will not be liable for any damage caused by accidents and/or loss or theft of items brought into the venues, particularly clothing or valuables.
8.5 In case of damage caused by the participant, both the participant and the registering company will be liable.
The participant undertakes to maintain confidentiality with respect to any information concerning the home and/or private life of the other participants and trainers (including information concerning third parties) that they gain knowledge of during the course of the professional development/training course. The disclosure of such information to third parties is not permitted.
10.1 The name, address, billing data, telecommunications data, and email address of the participant are required for order processing and for providing the professional development and training courses. TheDive will use the personal data will use the personal data for the sole purpose of fulfilling the contract. The participant can obtain details of the stored data at any time. TheDive shall treat this information confidentially and will not share it with third parties, except for partner companies that require the data to process the order.
10.2 The participant’s data will be processed electronically for internal purposes. The data associated with the registration will be stored in compliance with data protection regulations.
10.3 In case of registration via the website, the website privacy policy will also apply: https://www.thedive.com/en/datenschutz.
11.1 Should individual provisions of these general terms and conditions be or become invalid in whole or in part, this will not affect the validity of the remainder of the contract. In this case, the contracting parties undertake to replace the invalid provision with a valid clause that reflects the meaning, purpose, and economic significance of the invalid provision as closely as possible. The same procedure will be followed if an omission becomes apparent during the execution of this contract which necessitates supplementary material.
11.2 Unless otherwise specified in the contract, the place of fulfillment will be Berlin.
11.3 If the participant is a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract will be Berlin.
11.4 The same place of jurisdiction will apply if the participant does not have a general place of jurisdiction in Germany, relocates their domicile or habitual place of residence outside Germany after concluding the contract, or if their domicile or habitual place of residence is unknown at the time the action is filed. Otherwise, the place of jurisdiction for all claims by TheDive against the participant, where the participant is not a merchant, will be the participant’s domicile.
11.5 The law of the Federal Republic of Germany will apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.6 Amendments and/or supplements to these terms and conditions must be made in writing or electronically. The same applies to any waiver of the requirement for the written or electronic form itself.
