General Terms and Conditions for Training Courses of BX Swiss AG – Regservices

(as of July 2024)

1. Scope

These General Terms and Conditions (hereinafter referred to as ‘GTC’) apply to all registrations made via the website www.regservices.ch , by telephone or by e-mail and to contracts concluded for training services provided by Regservices of BX Swiss AG (hereinafter referred to as ‘BX Swiss’).

2. Training Organisation

For organisational reasons, BX Swiss reserves the right to postpone or combine training courses. If a training instructor cancels, BX Swiss may change the instructor or appoint a deputy.

3. Training location and Implementation

In order to be able to organise the training courses under optimal conditions, BX Swiss sets a minimum and maximum number of participants for each training course, which can be adjusted if necessary. Training places are allocated in the order in which registrations are received (subject to timely payment).

If the number of participants is insufficient, the training course may be postponed, combined or cancelled. BX Swiss also reserves the right to cancel announced training courses for other reasons for which BX Swiss is not responsible. Training fees already paid will be refunded in the event of cancellation by BX Swiss. Further claims by participants, in particular claims for damages in the event of changes or cancellation of a training course, are expressly excluded.

4. Exclusion from a training course

BX Swiss reserves the right to exclude participants from a training course. In the following cases, the entire training fee is owed, i.e. there will be neither a pro rata refund nor a waiver of the training fee: Exclusion from a training course due to non-payment of the training fee and in serious cases (defamation, harassment, intentional damage to property, etc.).

5. Registrations and cancellations, rebookings, payment of training fees

Each registration is binding and obliges the participant to pay the training fee. The training fee must always be paid when booking by credit card or other online payment methods provided by BX Swiss AG. Individually agreed training courses can be booked on account by prior agreement with BX Swiss. The invoice amount is due for payment within 30 days.

The prices are in Swiss francs, including any value added tax (VAT).

Non-payment of the training fees does not constitute cancellation. After registering for a training course, the participant will receive a confirmation of registration from BX Swiss and, once payment has been made, a confirmation of payment.

The participant must check the registration confirmation immediately and report any errors without delay.

The duration of the contract depends on the training course booked and is limited in time. Depending on the time of cancellation, BX Swiss may waive the training fee in whole or in part in accordance with the following regulation.

For cancellations up to at least 30 calendar days before the start of the training course, the training fee will be waived or refunded. For cancellations up to at least 14 calendar days before the start of the course, a processing fee of CHF 150 will be charged, which will be offset against the course fee. The remaining difference will be refunded. If the cancellation is made less than 14 calendar days before the start of the course, the entire course fee is due. Cancellations must be sent by e-mail to [email protected].

Rebooking is generally possible up to 14 calendar days before the start of the course and subject to availability. A maximum of two rebookings per booked training course are possible. Enquiries regarding rebooking should be sent by e-mail to [email protected]. There is no entitlement to a rebooking, but BX Swiss will always take the interests of the training participant into account. Rebookings are only possible within one year of booking the course, after which the rebooking option expires and no training fees will be refunded.

If the Participant and the invoice recipient are not identical, the Participant shall be jointly and severally liable with the invoice recipient for all claims against BX Swiss.

6. Trainings not attended

Training courses that are not attended cannot be made up for and the training fees paid for them will not be refunded.

7. Participation

A webcam is mandatory for participation in a BX Swiss training course. Participants must keep the webcam switched on and pointed at them at all times during the training course so that BX Swiss can check their participation in the training course.

Other, individual agreements between participants and BX Swiss (e.g. in the case of classroom training) remain reserved.

8. Confirmation of participation

BX Swiss shall issue a certificate of attendance after a training course has been attended, provided that the participant has attended at least 80 per cent of the training time and the webcam was active at all times in accordance with Clause 8. The right to deviating regulations is expressly reserved.

9. Exclusion of liability and insurance

For all training courses organised by BX Swiss, BX Swiss excludes any liability for damages incurred.

The participant cannot derive any rights from the non-achievement of learning objectives/success, in particular no reimbursement of training fees.

10. Data protection

The processing of personal data in connection with the training courses of BX Swiss is subject to the Privacy Policy of Regservices of BX Swiss (https://www.regservices.ch/datenschutzerklaerung/ ). The Privacy Policy explains how BX Swiss handles personal data, including in connection with BX Swiss training courses, and contains in particular information on the purposes for which personal data is processed, how it is passed on within BX Swiss and what rights data subjects have with regard to their personal data. The privacy policy is available online at www.regservices.ch. By registering, the participant accepts the processing of his/her personal data in accordance with the Privacy Policy.

BX Swiss will send the participant information and offers from itself and from partner companies, e.g. in the form of e-mails. By registering, the participant agrees that such messages may also be sent electronically.

These messages and their dispatch can also be personalised in order to provide the participant only with information that is likely to be of interest to them. This applies in particular to BX Swiss AG training courses, which are part of the BX Swiss training courses as personalised services within the scope of these GTC. In order to offer the participant the most personal user experience possible, BX Swiss may evaluate behavioural and transaction data together with existing personal data. Further information on this profiling and the rights of the participant can also be found in the privacy policy of BX Swiss.

11. Video and audio recordings

Video or audio recordings may only be made during online lessons with the express consent of BX Swiss and the participants.

12. Programme, price and general terms and conditions changes

BX Swiss reserves the right to change the programme, the fees and the GTC at any time. The version valid at the time of registration shall apply, which cannot be changed unilaterally for the conclusion of this contract.

13. Severability clause

Should any provision of these GTC be invalid or incomplete or should fulfilment become impossible, this shall not affect the validity of the remaining parts. In such a case, the invalid provision shall be replaced by a valid provision which achieves the intended purpose of the contract in a legally permissible manner and which comes closest to the original intention in terms of its content. The same applies in the event of a loophole.

14. Applicable law and place of jurisdiction

All legal relationships with BX Swiss shall be governed by Swiss substantive law, to the complete exclusion of the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

The place of jurisdiction for all disputes arising from or in connection with these GTC and the training courses is Zurich, Switzerland.

15. Effectiveness / language

These GTC are effective from 1 July 2024. The GTC are also available in a German version. In the event of contradictions between the English and German versions, the German version shall prevail.