Terms and conditions

This English version is a translation provided for ease of understanding. Only the German version is binding; in the event of any discrepancy, the German version prevails.

Table of contents

• Part A – General provisions
• Part B – Consulting services
• Part C – In-house and classroom courses
• Part D – Open courses
• Part E – Presentations
• Part F – Event conditions and examination rules
• Part G – E-learning courses

Part A – General provisions

§ 1 Scope

1.1 These general terms and conditions (hereinafter "GTC") apply to all contracts between IAGO GmbH, Hohe Bleichen 22, 20354 Hamburg (hereinafter "IAGO") and its customers (hereinafter "customer") concerning consulting services, courses, presentations and e-learning offerings.

1.2 The GTC are divided into general provisions (Part A), which apply to all contractual relationships, and special provisions (Parts B to G), which apply in addition for the respective area of services. In the event of contradictions between the general and a special part, the provisions of the special part prevail.

1.3 Deviating, conflicting or supplementary conditions of the customer only become part of the contract if IAGO has expressly agreed to their application in text form.

1.4 These GTC are addressed exclusively to entrepreneurs within the meaning of section 14 of the German Civil Code. The services of IAGO are not intended for consumers within the meaning of section 13 of the German Civil Code; no contracts are concluded with consumers. By concluding the contract, the customer confirms that they are entering into the contract in the exercise of their commercial or independent professional activity.

§ 1a Definitions

In these GTC, in all parts (Part A to Part G), the following terms have the following meaning:

1a.1 "IAGO" is IAGO GmbH, Hohe Bleichen 22, 20354 Hamburg.

1a.2 "Customer" is the respective contractual partner of IAGO and thus the generic term for every contractual partner. Only an entrepreneur within the meaning of section 14 of the German Civil Code can be a customer (see § 1.4). In the area of courses (Parts C, D and G) and presentations (Part E), the customer is the company for whose participants the service is provided.

1a.3 "Client" is the customer with whom a consulting contract under Part B exists or for whom a consulting service is provided. The client is a customer within the meaning of these GTC; in the consulting relationship (Part B) the customer is referred to as the client.

1a.4 "Participants" are the employees or agents named by the customer who take part in a course, a presentation or another event held by IAGO.

1a.5 "User" is the natural person who accesses the services of IAGO with personal access credentials in the context of an e-learning course (Part G).

1a.6 "Classroom course" is a course held with participants present in person on the business premises of IAGO.

1a.7 "In-house course" is a course held with participants present in person on the customer's premises (Part C).

1a.8 "Online course" is a course held online and in real time (live) under the direction of a trainer or speaker.

1a.9 "E-learning course" is an online course without a trainer, which the user completes by self study at times of their own choosing (Part G).

1a.10 "Event" is the generic term for classroom and in-house courses (Part C), open courses including online courses (Part D) and presentations (Part E). E-learning courses (Part G) are not events within this meaning.

1a.11 "Text form" is text form within the meaning of section 126b of the German Civil Code (see § 2.3).

1a.12 "Working days" are all calendar days with the exception of Saturdays, Sundays and the public holidays at the registered office of IAGO.

1a.13 Where these GTC contain provisions for the customer, these apply accordingly to the client, unless a special part provides otherwise. References to individual parts or sections refer to these GTC unless stated otherwise. Headings serve only as an overview and are not decisive for interpretation.

§ 2 Conclusion of contract

2.1 Offers from IAGO are subject to change and non-binding unless they are expressly marked as binding.

2.2 A contract is concluded when the customer accepts the offer from IAGO in text form or IAGO sends the customer an order confirmation in text form. The order confirmation is decisive for the content and scope of the contract unless the customer objects in text form within five working days of receipt. In the order confirmation, IAGO draws the customer's attention separately to the significance of their silence and to the period for objection.

2.3 Where these GTC require text form, a declaration in written characters on a durable medium (section 126b of the German Civil Code) is sufficient, in particular by letter, fax or e-mail. A handwritten signature is not required. No stricter form than text form is required for notices and declarations of the customer to be given to IAGO or to a third party. Mandatory statutory form requirements and a stricter form expressly agreed in an individual case remain unaffected.

§ 3 Remuneration and payment

3.1 The remuneration is governed by the individual agreement. All prices are exclusive of statutory value added tax.

3.2 Invoices are payable in full within 10 calendar days of receipt unless agreed otherwise.

3.3 In the case of contracts with a monthly or annual term, the agreed monthly flat rate is invoiced at the end of the current month. The invoice is payable in full within 10 working days of receipt.

3.4 The customer may only set off claims of IAGO against counterclaims that are undisputed or have been established by a final court decision. The customer is only entitled to a right of retention in respect of undisputed counterclaims or counterclaims established by a final court decision arising from the same contractual relationship.

§ 4 Duties of the customer to cooperate

4.1 The customer shall ensure that the organisational conditions for undisturbed performance by IAGO at the agreed location are met.

4.2 The customer shall provide IAGO with all information necessary for the performance of the services in good time and in a suitable form. This also applies to circumstances that only become known during performance and could influence its proper conduct.

§ 5 Impediments to performance and force majeure

5.1 Impediments to performance that are attributable to the customer but for which the customer is not responsible lead to a reasonable extension of the performance period. If the customer is responsible for them, the parties shall agree new performance periods; the additional costs arising from this shall be borne by the customer.

5.2 In the event of force majeure (in particular natural disasters, epidemics, strikes, official orders, serious illness or death of persons involved in the engagement), IAGO is released from its obligation to perform for the duration of the impediment. Partial services already rendered shall be remunerated accordingly. For services not yet rendered for which advance payments have already been made, a pro rata refund shall be made if performance becomes finally impossible.

5.3 If the impediment lasts longer than three months, both parties are entitled to withdraw from the contract.

§ 6 Liability

6.1 IAGO is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.

6.2 In the event of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical of the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

6.3 In all other respects, liability for slight negligence is excluded. This also applies to slightly negligent breaches of duty by vicarious agents.

6.4 Liability for indirect damage, in particular lost profit and claims of third parties, is excluded, except in the cases of clauses 6.1 and 6.2.

6.5 IAGO maintains business liability insurance in an appropriate amount. The above provisions on liability leave unaffected the unlimited liability under clause 6.1 and the liability for the foreseeable damage typical of the contract under clause 6.2; there is no limitation to the sum insured in this respect.

6.6 The services of IAGO do not constitute legal services within the meaning of section 2(1) of the German Legal Services Act. In the case of legal questions, the customer is advised to obtain qualified legal advice independently.

§ 7 Confidentiality and data protection

7.1 The contracting parties undertake to keep secret all confidential information of the other contracting party that becomes known in the course of the cooperation, including after the end of the contract. This does not apply where there is a statutory obligation to disclose.

7.2 The contracting parties process the personal data of the other party exclusively for contractually agreed purposes and in accordance with the GDPR and the German Federal Data Protection Act. Disclosure to third parties only takes place on a statutory basis or with the prior consent of the data subject.

§ 8 Naming as a reference

IAGO is entitled to name the customer as a reference customer, stating the company name and company logo, unless the customer objects in text form. The customer may declare such objection at any time with effect for the future.

§ 9 Changes to the scope of services

9.1 During the term of the contract, both parties may propose changes to the agreed services in text form. IAGO shall inform the customer within 10 working days whether the change is possible and what effects it has on the scope of services and the remuneration.

9.2 The customer shall state in text form within a further 10 working days whether the change is to be implemented. Until a new agreement is reached, the services shall be provided in accordance with the existing contract.

§ 10 Term and termination

10.1 One-off services end upon fulfilment. In all other respects, the contractually agreed terms apply.

10.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular where, taking into account all the circumstances and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contract.

10.3 If the customer terminates without good cause, or if IAGO terminates for a reason for which the customer is responsible, IAGO retains its claim to remuneration, reduced by expenses saved and by what IAGO acquires, or maliciously fails to acquire, by deploying its labour elsewhere.

10.4 Every termination requires text form.

§ 11 Final provisions

11.1 Individual contractual agreements take precedence over these GTC (section 305b of the German Civil Code). In all other respects, amendments and additions to these GTC and to all agreements based on them should be made in text form.

11.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods and the rules of conflict of laws.

11.3 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the contracts based on them is Hamburg, provided that the customer is a merchant, a legal person under public law or a special fund under public law. If the customer is an entrepreneur within the meaning of section 14 of the German Civil Code without being a merchant, Hamburg is deemed to be agreed as the place of jurisdiction to the extent permitted by law; mandatory exclusive places of jurisdiction remain unaffected. IAGO is in any case entitled to sue the customer at the customer's general place of jurisdiction.

11.4 Should a provision of these GTC be or become invalid or unenforceable, the remaining provisions remain unaffected. The statutory provisions take the place of the invalid or unenforceable provision (section 306(2) of the German Civil Code).

Part B – Consulting services

§ 1 Subject matter of the services

1.1 The subject matter of the work is the provision of the contractually agreed consulting services. Their nature, scope and remuneration are determined by the individual agreement. Within this Part B, the customer is referred to as the client; the client is a customer within the meaning of these GTC, so that the provisions of the general part (Part A) apply accordingly.

1.2 IAGO is entitled to have services performed by qualified third parties. Responsibility towards the client for proper performance remains unaffected by this.

§ 2 Performance and remedy of defects

2.1 IAGO provides its consulting services with the care of a professional service company. IAGO shall remedy defects in the services provided that become known subsequently, that arose during performance and for which IAGO is responsible.

2.2 Data and information made available by the client are checked by IAGO for plausibility. The recommendations derived from them are made to the best of our knowledge and belief.

Part C – In-house and classroom courses

§ 1 Definition

In-house courses take place at the customer's premises on individually arranged dates. They are not publicly advertised. The customer acts as the organiser vis-à-vis IAGO.

§ 2 Subject matter of the contract

The offer includes the date, duration, content, location, maximum number of participants, the necessary teaching materials and the cost of the course.

§ 3 Registration and participation

3.1 The registration of participants by the customer in text form is binding. The customer is obliged to name all participants to IAGO. Participants are exclusively employees or agents of the customer.

3.2 Participation in courses requires proof of identity. At the beginning of the event, every participant must present a valid identity card or passport in the original. If a participant cannot prove their identity, IAGO is not obliged to train that participant.

3.3 The customer undertakes to inform the participants of the event conditions (Part F) and to ensure that they are observed.

§ 4 Cancellation

4.1 Cancellation is free of charge up to 61 calendar days before the start of the event. From the 60th calendar day before the start, 25 % of the agreed fee falls due, from the 45th calendar day 50 %. From the 30th calendar day before the start, and in the event of non-attendance or early withdrawal, the full fee falls due. Expenses saved are credited.

4.2 The receipt of the cancellation notice by IAGO is decisive. The cancellation requires text form.

4.3 The customer reserves the right to prove that IAGO suffered no damage or less damage.

4.4 The customer may send substitute participants, provided that they meet the conditions for participation and are registered in good time.

§ 5 Cancellation by IAGO

5.1 IAGO is entitled to cancel events if the maximum number of participants is exceeded or if there are reasons for which IAGO is not responsible (in particular illness of the lecturer, force majeure). The customer is notified without delay. Fees already paid are refunded.

5.2 If the impediments to performance are of a temporary nature, IAGO is entitled to postpone the event by a reasonable period of preparation. The parties shall agree a new date.

§ 6 Change of speaker

A change of speaker entitles the customer neither to withdraw from the contract nor to a reduction of the fee.

§ 7 Course materials

7.1 Course materials provided for the course become the property of the customer. Their use is limited to the personal use of the participants. Any further use or exploitation requires the prior consent of IAGO in text form.

7.2 Collections of texts and legal provisions handed out during the course must be treated with care and returned at the end of the event. Copies that are excessively damaged or lost are invoiced at their replacement value.

§ 8 Rooms and equipment

8.1 The customer shall provide IAGO with suitable rooms with adequate daylight and sufficient working space free of charge for the duration of the event.

8.2 Should the customer be unable to provide the necessary teaching aids, they shall inform IAGO at least 5 working days before the start of the event. IAGO may provide these aids against separate invoicing.

8.3 If the rooms or teaching aids are unsuitable and the customer cannot remedy this without delay, IAGO is entitled to cancel the event. IAGO's claim to the fee remains unaffected, reduced by expenses saved.

§ 9 Number of participants

In order to safeguard the quality of the event, the number of participants is limited to 15 per event. If the number of participants exceeds this limit, IAGO is entitled to offer additional event dates.

§ 10 Examinations and completion

In the case of events with a final examination, participants who pass receive a certificate. Otherwise they receive a confirmation of attendance. The examination fees are included in the event fees.

§ 11 Fee and invoicing

11.1 Unless agreed otherwise, invoicing takes place four weeks before the start of the event. The payment period ends at the latest when the course begins.

11.2 If circumstances become known to IAGO after conclusion of the contract that considerably reduce the creditworthiness of the customer, IAGO is entitled to provide outstanding services only against advance payment or the provision of security.

Part D – Open courses

§ 1 Definition

Open courses are publicly advertised events that can be booked through the IAGO website. Different customers may take part on the same dates. The term also covers online courses.

§ 2 Registration and participation

2.1 Only employees or agents of a customer who have been registered with IAGO in advance may take part in events. The customer is obliged to name the participants and to inform them of the event conditions (Part F).

2.2 Participation requires proof of identity. At the beginning of the event, every participant must present a valid identity card or passport in the original.

§ 3 Cancellation

The cancellation provisions under Part C § 4 apply accordingly.

§ 4 Number of participants

The number of participants is limited to 15 per event. If there are fewer than 5 participants, IAGO is entitled to cancel the event. Fees already paid are refunded or credited to a later date. The registration deadline is 14 days before the start of the course.

§ 5 Cancellation by IAGO

The provisions under Part C § 5 apply accordingly.

§ 6 Course materials, change of speaker, examinations, fee

The provisions of Part C §§ 6, 7, 10 and 11 apply accordingly.

Part E – Presentations

§ 1 Fee

The agreed fee is exclusive of expenses, travel costs and statutory value added tax. Invoicing takes place after the date of the event with a payment period of 14 calendar days.

§ 2 Technical equipment

The necessary event technology (public address system, microphone, projector, screen, flip chart, etc.) is provided by the customer as agreed in advance.

§ 3 Cancellation

3.1 In the event of cancellation, withdrawal or termination of a booking, the following fees are charged: up to 90 calendar days before the start of the event 25 % of the fee, up to 28 calendar days 50 %, up to 14 calendar days 80 %, from 7 calendar days 100 % of the fee. Expenses saved are credited.

3.2 The customer reserves the right to prove that IAGO suffered no damage or less damage.

3.3 Costs for accommodation and travel already incurred at the time of cancellation are to be borne by the customer against proof.

3.4 Declarations of withdrawal and termination require text form. The date of receipt is decisive.

§ 4 Force majeure

If a date cannot be kept because of force majeure, accident or illness, IAGO shall arrange an adequate replacement without delay or offer an alternative date.

§ 5 Recordings

Recordings of presentations on audio or video media are not permitted for reasons of copyright and require a prior agreement in text form.

Part F – Event conditions and examination rules

Section I: Event conditions

The following event conditions are to be noted and observed by every participant. The aviation courses of IAGO are held under the recognition and approval of the German Federal Aviation Office. Courses for surface transport (ADR, RID, ADN, IMDG Code) are held under the recognition and approval of the Chamber of Industry and Commerce.

§ 1 General

1.1 Participants shall behave respectfully towards the instructor and the other participants.

1.2 Participants who obstruct the course to an unreasonable extent may be excluded from the course by the course leader. Exclusion requires that the disturbance continues after a prior warning or that a warning is dispensable because of the severity of the disturbance. In this case there is no claim to a refund of the course fee, unless the exclusion is disproportionate to the nature and severity of the misconduct; expenses saved by IAGO are credited.

1.3 During the event, participants are obliged to follow the instructions of the course leader and, where applicable, the instructions of authorised third parties (for example in the case of examinations of the Chamber of Industry and Commerce or in-house courses).

§ 2 Requirements of care

2.1 Materials provided for training purposes are to be handled carefully and with due diligence. This applies in particular to objects with a potential for injury during practical training.

2.2 Textbooks handed out for the purpose of the course remain the property of IAGO, may not be written in and are to be returned at the end of the course. For copies that are excessively damaged or lost, the replacement value is to be reimbursed. This does not apply to textbooks purchased by the customer.

§ 3 Copyright

Participants may use course materials for personal use only. Any passing on, forwarding or reproduction, including in part, requires the prior consent of IAGO in text form.

Section II: Examination rules

Participants in examinations conducted by IAGO are subject to the following examination rules. Before the examination begins, all participants declare that they consider themselves able to sit the examination.

§ 4 Permitted aids

The following are permitted: A5/A4 note sheets, a calculator with a one or two line display, a simple dictionary (if the native language is neither German nor English), for online courses a laptop or tablet with a minimum size of 12 inches, a valid edition of the legal text named in advance (IATA DGR, IMDG Code, ADR, ADN, RID, 49 CFR, also permitted online), a fountain pen or ballpoint pen (blue or black), a ruler and the learning and working materials provided by IAGO.

§ 5 Aids that are not permitted

The following are not permitted: smartphones (switched on or off), pencils or red coloured pens, and any notes, scripts or solutions that have not been approved by IAGO.

§ 6 Attempts to cheat

6.1 A mobile phone that is switched on or ringing is generally regarded as an attempt to cheat. In an individual case, the examiner may refrain from exclusion at their proper discretion if the circumstances obviously rule out an attempt to cheat.

6.2 Attempts to cheat generally lead to immediate exclusion from the examination; in this case the examination is marked with 0 points. At their proper discretion, the examiner may refrain from exclusion and instead take a milder measure if the breach is minor in the individual case and the circumstances obviously rule out any influence on the examination result.

Part G – E-learning courses

§ 1 Scope of services

The scope of the services follows from the description of services, the user agreement for e-learning courses and the contractual details referring to them.

§ 2 Access authorisation

2.1 After registration, the user receives a personal user name and a password. The access authorisation is not transferable. The user is responsible for keeping their password secret. Access may only be used personally and not in the presence of third parties.

2.2 For aviation security training under chapter 11 of the Annex to Commission Implementing Regulation (EU) 2015/1998, evidence of a completed and successful background check must be available for every participant before the training begins. The responsible security officer is responsible for compliance with the framework conditions (identification, confirmation of reliability, verification of independent use).

§ 3 Payment and default

3.1 The payment conditions under Part A § 3 apply, together with any deviating agreements in the offer or in the order confirmation.

3.2 If the user is in default of payment, IAGO is entitled to block access after an unsuccessful reminder setting a reasonable period.

§ 4 Liability of the user

The user is liable for all damage caused to IAGO or to third parties by abusive or unlawful use of the services. Where there is reasonable suspicion of abusive use, IAGO is entitled to block access until the matter has been clarified.

§ 5 Termination

5.1 The contractual relationship may be terminated by either party in text form at the end of the respective term with six months' notice.

5.2 The right to extraordinary termination in the event of serious breaches of contract remains unaffected.

§ 6 Limitation

Claims become time barred within 12 months from the statutory commencement of the limitation period. This does not apply to claims arising from injury to life, body or health, or in cases of intent or gross negligence.