The respective latest version of the General Terms and Conditions as well as the pertinent technical descriptions are applicable to all services rendered by MTC Marine Training Center Hamburg GmbH (MTC) and ma-co maritimes competenzcentrum e.V. (ma-co). Where contractual relations are established between MTC or ma-co and any persons other than the client, the relevant technical Rules and the provisions of G.1. to 7. below shall also apply to such third parties.
B. Reservation Clause
A confirmation given or certificate issued shall not release the client from his contractual obligations towards third parties.
C. Scope and Performance
The kind and scope of services rendered by MTC or ma-co are based on the relevant agreements concluded and always, in the absence of an express special agreement, on the Rules applicable at the time of performing the course.
MTC and ma-co maintain confidentiality with respect to all documents and other kinds of information received in connection with the orders entrusted to it by the client. Documents and information shall only be made available to third parties with the approval of the client or the person authorized by the client to permit such disclosure. However, all course documents which have been handed out to the participants in connection with the course attended shall not be made available to third parties without permission of MTC or ma-co.
All services rendered by MTC or ma-co are to be paid in accordance with the price list of MTC or ma-co or on the basis of the price quoted in the offer. In addition thereto, MTC or ma-co will charge any extra expenses incurred in connection with the services rendered at any other placed than the headquarter of MTC or ma-co(e.g. travelling or other expenses and, where applicable, any value added / turnover tax). For reservations which include accommodation in a hotel the additional expenses will be charged to the client together with the course fees. All prices listed in the price list are net prices. A VAT of 19% has to be added to these prices.
F. Payment of Invoices
The fees for all courses rendered by MTC or ma-co are due for payment without deduction 14 days before commencement of the course. For all other services rendered by MTC or ma-co payments are due within 14 days after completion of the services. On default MTC or ma-co is – without prejudice to any other rights – entitled to exclude the participant from this course, to withhold certificates and other documents and/or to suspend or revoke the validity of certificates. Any rights of lien or retention in favour of the client, statutory or otherwise, are hereby excluded. Likewise excluded are any rights of set-off with client’s counter-claims, unless such counter-claim is undisputed or has been finally adjudicated upon by the courts.
If the participation in the course is cancelled due to personal or operational requirements, cancellation fees are not applicable if the cancellation is received 10 days before commencement of the course. If the cancellation is received within less than 10 days – even in case of sickness – the full fees are to be charged. The named participant registered for the course may be replaced by another participant without additional booking fees.
H. Requirements for Participation
The requirements for participation in the MTC courses are defined in the brief descriptions for the courses. At the courses of ma-co all persons may participate who fulfil the requirements mentioned in the course descriptions. For all technical courses (practical education on equipment like forklifts, cranes) the registered person confirmes with the signature on the registration form that he/she has undertaken a medical examination according to regulation G25 (for steering-, control- and drivers employment) of the relevant association of respective profession (Berufsgenossenschaft) and no medical limitations exist. For participants of maritime courses: The relevant valid medical certificate for seafarers must be provided at the beginning of the course. Otherwise the liability of ma-co is excluded.
I. Additional Services
Expenses for travelling are to be borne by the participant. If not explicitly mentioned in the course description accommodation is not included in the course fees. It is possible to book accommodation together with the course at the contracted hotel of MTC. Prices are mentioned in the course catalogue and will be charged additionally. The prices mentioned in the course catalogue include beverages and lunch during the course. If course takes places during the second shift an evening meal will be provided. Meals are excluded for following ma-co courses: Basic Safety acc. STCW 95, Survival Craft Rescue & Rescue Boat, Advanced Fire Fighting, Medical Care.
- Liability of MTC or ma-co for defects as to quality shall in the context of a contract for work and services (“Werkvertrag“) be limited to remedying such defects. In the event that this is unsuccessful, the client shall, in addition to his right as per § 637 of the German civil code, have the right to claim a reduction in the contractual price or to withdraw from the contract.
- Claims of the client for defects as to quality shall become time barred one year after acceptance by the client of the performance by MTC or ma-co of its obligations, in so far as such defects shall not have been wrongfully concealed by MTC or ma-co or caused by the wilful misconduct of MTC or ma-co.
- Furthermore, except in case of breach by MTC or ma-co of a material contractual obligation, liability of MTC or ma-co for negligent performance of its obligations towards the client shall be limited to five times the remuneration of the individual obligation to which the breach relates. This limitation of liability shall also apply to claims for damages by the client based on the tort of negligence. In the event of a slightly negligent breach by MTC or ma-co of one of its material contractual obligations, the liability of MTC or ma-co
shall be limited to typical contractual foreseeable damage. In the event of wilful misconduct or gross negligence on the part of MTC or ma-co, the liability of MTC or ma-co shall be determined as provided for by law. This shall also apply to any case where MTC or ma-co is strictly liable by law.
- Personal liability of the organs of MTC or ma-co or persons to whom MTC or ma-co resorts to perform its obligations is excluded except in case of their wilful misconduct or gross negligence.
- The attention of the client is expressly drawn to the fact that it has the possibility of agreeing with MTC or ma-co that the liability of MTC or ma-co be extended beyond what is provided for in these General Terms and Conditions. However, such extension of liability is subject to the client demanding this of MTC or ma-co, to the insurer of MTC or ma-co accepting to take on such additional risk and to the client bearing any additional insurance cost associated with such increase in liability.
- Claims for damages which are not claims for defects pursuant to paragraph 1 hereof, with the exception of tortious claims and/or claims brought under the German law on product liability, shall be time barred one year after acceptance by the client of the performance by MTC or ma-co of the obligation in question, in so far as there was no wilful misconduct or fraudulent intent on the part of MTC or ma-co.
- The provisions of clause G. above regarding limitation of liability and time bar shall not apply to claims for death, personal injury, damage to health or infringement of liberty.
K. Place of Performance – Jurisdiction – Governing Law
- The place of performance for all obligations resulting from or in connection with the respective order from the client is Hamburg, unless otherwise provided in the order.
- The exclusive place of jurisdiction for claims against MTC or ma-co is Hamburg. MTC or ma-co are entitled to sue the client before the courts in Hamburg or before any other competent court.
- German law shall govern the performance of the order and all claims resulting from or in connection with the order.