TERMS AND CONDITIONS FOR COURSES WITHIN THE TU BERLIN ACADEMY FOR PROFESSIONAL EDUCATION
By registering, the following terms and conditions for courses within the Short Courses framework are acknowledged as the basis of the legal relationship between the participant and the TU Berlin Academy for Professional Education. The latter is a department of TUBS GmbH, the subsidiary of the Technical University of Berlin.
1. Registration and Booking
1.1. Registration for Short Courses is done directly through the booking portal at https://academy-tu.berlin.
1.2. Registrations can only be considered if there are still available slots in the desired course.
1.3. The TU Berlin Academy for Professional Education will confirm the receipt of the registration by email within 72 hours of receipt. If the admission requirements are met, participants will receive a confirmation email with further course details. The contract between participants and the TU Berlin Academy for Professional Education only becomes effective upon receipt of this confirmation.
1.4. Registration for Master Degrees is done through the respective links provided on the above-mentioned website in the descriptions of the Master Programs. The link also provides access to the current terms and conditions.
2. Terms of payment
2.1. The course fee is to be paid either directly through the booking portal via credit card or via invoice as a bank transfer. Once the course fee is received by the TU Berlin Academy for Professional Education, the registration is considered binding.
2.2. The payment of the course fee must be made prior to the start of the course.
3. Conditions for the course
3.1. All courses have a minimum number of participants. If this minimum is not reached by two weeks before the course starts, the TU Berlin Academy for Professional Education reserves the right to postpone or cancel the course.
3.2. If no alternative date can be offered, any course fees already paid will be refunded.
3.3. Further claims are excluded.
4. Course cancellation by the participant
4.1. Course cancellation by the participant is only permissible in writing via email to the TU Berlin Academy for Professional Education.
4.2. The participant can withdraw from the course up to four weeks before the start of the course without incurring any costs. In case of withdrawal between four weeks and fourteen days before the start of the course, a processing fee of €50.00 must be paid.
4.3. If a course must be postponed and an alternative date is offered, the participant may reject the alternative date within 2 weeks of notification of the new date. In this case, the contract is considered terminated and any fees paid will be refunded. In other cases, the participant is obligated to pay the agreed course fees or they will not be refunded.
4.4. The participant will be exempted from the obligation to pay the course fee if he/ she provides a suitable replacement person for course participation before the course begins.
4.5. If the participant cancels the course, there is no entitlement to a refund of uncompleted teaching and learning units.
5. Notice of termination
5.1. For participants in a course, termination after the expiration of the withdrawal period under point 4 is not possible.
5.2. The contractual relationship can be terminated by either party for important reasons without observing a notice period if there are facts that justify the terminating party, taking into account all circumstances of the individual case and balancing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. Upon request, the terminating party must immediately notify the other party in writing of the reason for termination.
5.3. Terminations can only be made in writing via email.
6. Course Procedure/Changes
6.1. Should it be impossible to conduct the event due to short-term absence of the instructor(s) due to force majeure or other circumstances beyond their control, the TU Berlin Academy for Professional Education reserves the right to cancel the course or reschedule it to a new date.
6.2. In such cases, participants will be notified promptly by the TU Berlin Academy for Professional Education, or at the latest by the start of the course. If no alternative date is offered, any course fees already paid will be refunded.
6.3. The TU Berlin Academy for Professional Education reserves the right to make minor changes to the event program for important organizational or substantive reasons. This particularly applies to changes in content, procedures, or changes of lecturers.
6.4. Claims for further compensation are excluded.
7. Course Completion
7.1. Upon completion of the academic training, participants will receive a certificate of participation or a certificate from the TU Berlin Academy for Professional Education. The document contains the content and scope of the course. Active and regular participation in the course is required for obtaining the certificate, and all specified course requirements must be met.
8. Data Protection/Copyrights
8.1. The personal data of our business partners are stored and processed in accordance with §28 and 29 BDSG (Bundesdatenschutzgesetz/ federal data protection) within the scope of the purpose of the contractual relationship. The applicable data protection regulation can be viewed at https://www.academy-tu.berlin/en/privacy/.
8.2. By submitting the registration, the participant agrees that personal data may be stored for event processing and subsequent participation information, such as evaluations. The TU Berlin Academy for Professional Education also commits to data protection.
8.3. The TU Berlin Academy for Professional Education or an authorized third party may take photo and video recordings during the events for the purpose of public relations and documentation (analogue and digital). In accordance with Art. 6 para. 1 sentence 1 lit. f GDPR (General Data Protection Regulation), the illustrated reporting is carried out in the interest and for the protection of the legitimate interests of the organizer: “Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.”
8.4. The TU Berlin Academy for Professional Education provides participants with various documents during the events. The teaching and learning materials and content provided as part of the course are made available to the participants for self-study purposes. Participants undertake towards the TU Berlin Academy for Professional Education and TUBS GmbH not to reproduce, distribute, make publicly accessible, or otherwise exploit the materials and content provided as part of the course without their consent.
8.5. Exception for booking and participation in the course “Digitalizing Mobility: Practices, Trends, Solutions”: For the implementation of this course, TU Berlin Academy for Professional Education acts as a joint data controller together with EIT KIC Urban Mobility S.L. There is a joint data processing with EIT KIC Urban Mobility S.L. To fulfil this purpose, TU Berlin Academy for Professional Education and EIT KIC Urban Mobility S.L. process personal data and expressly refer to their joint privacy policy, which is available https://www.academy-tu.berlin/wp-content/uploads/2024/04/240411_PrivacyPolicy_EIT_Academy.pdf. Any questions related to ensuring privacy rights in the context of joint continuing education may be addressed to the TU Berlin Academy (see contact details under Privacy Policy).
9. Liability
9.1. The TU Berlin Academy for Professional Education shall be liable for damages in cases of intent or gross negligence on the part of a representative or vicarious agent as well as in the event of a breach of life, body, or health in accordance with statutory provisions. Otherwise, liability exists only under the Product Liability Act or due to the culpable breach of essential contractual obligations or insofar as a guarantee or procurement risk has been assumed. Liability also exists if a defect has been fraudulently concealed. The claim for damages for the culpable breach of essential contractual obligations is limited to the typically foreseeable damage.
9.2. The regulations of the preceding paragraph apply to all claims for damages, regardless of their legal basis. Any further liability is excluded.
9.3. A shift in the burden of proof to the detriment of a consumer is not associated with the preceding paragraphs.
10. Educational Leave
10.1. The Short Courses are recognized as educational leave in accordance with the Berliner Bildungszeitgesetz (BiZeitG). Participants from other federal states are advised to consult their respective Ministry of Education before applying for educational leave.
11. Severability Clause
11.1. Should individual provisions of the above terms and conditions for academic continuing education offerings be or become invalid or incomplete, they shall be replaced by provisions that are valid and correspond to the presumed intention of the contracting parties. The invalidity of individual provisions does not lead to the invalidity of the agreement as a whole.
12. Final Provisions
12.1. The mutual rights and obligations arising from this contractual relationship and on the occasion of this contract are subject to the law of the Federal Republic of Germany.
12.2. The place of performance is Berlin-Charlottenburg.
12.3. Unless otherwise stated, the presence events take place in the rooms of TU Berlin or in rented external rooms.
12.4. Should individual provisions of these participation conditions be or become invalid, the validity of the remaining regulations shall not be affected thereby. The ineffective provision shall be amended in such a way that the intended purpose is achieved.