Terms and Conditions
General terms and conditions of Samichel Co. Ltd. — Bahari #4.0, a common world / a common future.
Please note: this is a translation for convenience. In the event of any discrepancy, the German version shall prevail.
§1 Scope
These general terms and conditions govern the contractual relationship between Samichel Co. Ltd., Bwejuu 186, Zanzibar, represented by Sabine Gierse (hereinafter “Samichel”), and you as the contracting party (hereinafter “Customer”). Deviating, conflicting or supplementary terms and conditions of the Customer do not become part of the contract. They only apply if they have been individually agreed between the parties.
§2 Description of services, subject matter
Under the Bahari series, Samichel plans and hosts events on the island of Zanzibar, such as training sessions, micro-conferences, workshops and retreats. Samichel organises the programme and schedule of the events and commissions speakers who deliver individual event units. In this context Samichel does not act as a tour operator and does not sell package travel under its own name.
Accordingly, travel and transport costs as well as accommodation costs are not included. Samichel merely provides a property in Zanzibar and the corresponding premises for the events.
Likewise not included are any supporting programmes, side events or excursions during the Customer's stay in Zanzibar which are not part of an event unit. Such side events are offered and carried out by third parties. The contracting party is not Samichel but the respective third party, even if Samichel points the Customer towards such side events.
Samichel will commission speakers suitable for the individual subject areas according to their training and experience. The Customer has no right to the deployment of a particular speaker, even if that speaker was explicitly named at the time of booking. Samichel is entitled to replace a speaker with an equally suitable one and will inform the Customer accordingly. Claims for damages or rights of withdrawal on the part of the Customer are excluded in the event of a change of speaker.
Samichel reserves the right to change the event or its schedule and will inform the Customer of any changes.
The scope of services follows from the individual contractual agreements made between the parties. If services of third parties are also agreed, the third party's terms and conditions may additionally be incorporated for those partial services. Where the third party's terms conflict with Samichel's terms in whole or in part, Samichel's terms shall prevail.
§3 Conclusion of contract
The presentation of services on Samichel's website does not constitute a legally binding offer. All offers and presentations on the website are subject to change.
By making a booking, the Customer submits a legally binding offer to conclude a contract. Samichel is entitled to accept this offer within 14 calendar days of its receipt by declaration in text form, usually in the form of a confirmation by email. An automatically sent email confirming receipt of the booking does not constitute acceptance. The acceptance contains details of the event, the price and other contractual conditions, in particular payment terms. Customers are advised to check the spam folder of their mailbox regularly.
Samichel considers bookings in the order in which they are received. If an event is already fully booked, Samichel will inform the Customer in text form.
§4 Participation fee and payment terms
The invoice for the participation fee is sent by email to the address provided by the Customer.
The invoice amount is due upon invoicing, whereby half of the total amount must be transferred within 14 days to the bank account stated by Samichel on the invoice. The Customer is expressly advised that the booking is only binding once this half of the total invoice has been received by Samichel.
The parties expressly agree a right of withdrawal for Samichel should the Customer fail to transfer the amount within 14 days of invoicing.
The second half of the invoice amount is payable no later than eight weeks before the event. Samichel will state the specific date on the invoice.
If payment deadlines are not met, the Customer is automatically in default; a separate reminder is not required. The obligation to pay default interest does not exclude Samichel from asserting further damages caused by the delay. In particular, the Customer must reimburse Samichel for all costs of legal action.
The participation fee does not include costs for transport, travel to and from the event, or accommodation.
The Customer may only assert a right of retention pursuant to §§ 273, 320 of the German Civil Code (BGB) if and to the extent that the counterclaim is based on the same contractual relationship. The Customer may only offset against claims that have been legally established.
§5 Cancellation / transfer of the contract
If the required number of participants for an event is not reached eight weeks before it begins, Samichel is free to cancel the event. In this case the participation fee will be refunded. No further claims may be asserted in the event of a cancellation. In particular, Samichel is not obliged to reimburse flight costs, accommodation costs or any other expenses. Customers are strongly advised to make all bookings with a cancellation option.
Samichel reserves the right to postpone an event in urgent cases, in particular in the event of significant disruption at the venue or force majeure. Samichel will notify the Customer of the need for a postponement or cancellation without undue delay and will offer alternative dates. Unless the Customer can plausibly demonstrate urgent reasons for rejecting these alternative dates, Samichel is not obliged to offer further alternatives. Postponements oblige Samichel neither to refund payments already made nor to pay damages.
The Customer has no right of withdrawal. Without acknowledging any legal obligation, Samichel is willing to accept a cancellation in urgent cases if it is declared no later than eight weeks before the start of the event. Samichel must be informed of the urgent reason in comprehensible text form and any evidence must be provided. The time of cancellation is determined by the receipt of the declaration by Samichel.
If the Customer declares an intention to cancel less than eight weeks before the event or simply does not attend, the total amount is due. There is no claim to a refund of payments already made.
If personal participation is not possible, Samichel is willing — without acknowledging any legal obligation — to grant the Customer the opportunity to nominate a substitute participant. Samichel must be informed in text form. Rebooking is free of charge up to eight weeks before the start of the event; for later rebooking a processing fee of EUR 99.00 gross applies.
§6 Obligations of the Customer / participant
The Customer is always obliged to cooperate. In particular, the Customer undertakes to provide Samichel in good time with all information necessary for Samichel to fulfil its obligations. The Customer is aware that the quality of the service depends heavily on the quality and timeliness of their cooperation.
The Customer warrants that all information provided is true and complete, and undertakes to refrain from any kind of disruption of the events. Instructions from Samichel or the speakers must always be followed during events.
If a participant repeatedly disrupts proceedings or repeatedly disregards instructions, it is at Samichel's discretion to impose a temporary or complete exclusion. An exclusion does not entitle the Customer to reduce the agreed fee. Fees already paid will not be refunded. Claims for damages are excluded.
Individual speakers apply coaching methods during the event. Coaching is not psychotherapy and cannot replace it. Participation requires normal psychological and physical resilience. Assessing whether this is the case is the responsibility of the participant.
Neither Samichel nor the commissioned speakers give participants any promise of healing. The events do not replace medical treatment.
Coaching and consulting services always require mutual trust as well as the Customer's willingness to engage with themselves and their situation. This is a free, active and self-responsible process. Samichel and the commissioned speakers support the Customer in making decisions and changes — the actual work of change is done by the Customer. Only the methodology is provided, not the results and conclusions. Accordingly, no liability is accepted for any consequences of decisions made by the participant.
The Customer bears full responsibility for their actions throughout their stay, both during and outside the event units. The Customer is furthermore solely responsible for technical questions and decisions. The Customer is aware that speakers do not necessarily have expertise in customer-specific fields.
Any documents issued to the Customer, such as learning materials, are protected by copyright and may not be reproduced, passed on to third parties or made publicly available — even in part — without Samichel's consent. Methods and models developed by Samichel or by commissioned speakers are likewise protected by copyright; their distribution is prohibited.
Audiovisual recordings of events by the Customer are not permitted unless expressly agreed.
§7 Granting of rights
By participating, the participant irrevocably agrees that photographs and audio/visual recordings may be made of them during the event and may be used, published and exploited comprehensively in all media for reporting and for future promotion of the event, without limitation in time or place. The participant also agrees that this material may be used for acquisition purposes. There is no claim to remuneration.
Where individually agreed, Samichel may name the Customer as a reference customer on the website or in other media. For this purpose the Customer grants Samichel the non-exclusive, non-transferable right, unlimited in time, place and content and free of charge, to quote a review in text form and — depending on the agreement — to state the name and display the logo. This applies exclusively in connection with Samichel's services.
Bringing tape recorders, photo, film and video cameras is generally not permitted. Photography on the premises is only permitted with mobile phones and only for private use.
The Customer receives the unrestricted, irrevocable, non-exclusive and non-transferable right of use — unlimited in time and place — to workshop results developed during the event.
§8 Liability
Samichel's liability, including for any vicarious agents, is limited to intent and gross negligence. Samichel is further liable for the negligent breach of obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Customer may regularly rely. In such cases, however, Samichel is liable only for foreseeable damage typical of the contract, and liability is limited in amount to the total price of the event.
The above exclusions of liability do not apply in the event of injury to life, body or health.
Participation in event units requiring physical activity is at the participant's own responsibility. Some event units require a suitable state of health. Participants with chronic health problems or acute illnesses are advised to clarify the possibility of participation with their doctor in advance.
No liability is accepted for accidents or other damage before and after the event, in particular during travel to and from the event. This applies in particular to damage in connection with excursions or side events not carried out by Samichel. Customers are advised to take out appropriate international health insurance.
Samichel accepts no warranty or liability whatsoever for business and private decisions made by the Customer on the basis of an event. Commissioned speakers merely accompany the Customer in their decision-making. Participants are liable for damage they cause.
§9 Copyright and data protection / confidentiality
The parties undertake to treat all confidential or personal information received in connection with the contractual relationship as confidential and, where necessary, to protect it by appropriate technical and organisational measures. The Customer's personal data is stored and used exclusively for the purpose of performing the contract.
For both parties the confidentiality obligation also extends to all business and trade secrets, procedures or other business facts that become known — in particular to methods and models applied during events. Their distribution is prohibited.
The confidentiality obligation extends to employees, representatives and vicarious agents and continues to apply after the end of the contractual relationship.
“Confidential information” means all information and documents of a party which are marked as confidential or are to be regarded as confidential from the circumstances, in particular information about the respective party's products, operational processes, business relationships and know-how.
Details on data protection can be found in the privacy policy.
§10 Final provisions
Ancillary agreements, amendments and supplements require text form to be legally valid. This formal requirement cannot be waived by verbal agreement.
Should individual provisions of this agreement be or become wholly or partly void or ineffective, or should the agreements contain a formal error or a gap, the legal validity of the remaining provisions remains unaffected. The respective statutory law shall apply in their place. The same applies in the case of a gap.
German law applies, excluding international private law and the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes is Frankfurt am Main, provided the Customer is not a consumer within the meaning of § 13 BGB. This also applies to cross-border contracts.