1.1 These General Terms and Conditions apply to all education and training courses and training programmes (‘events’) offered by TheDive GmbH (‘TheDive’). They govern the contractual relationship between TheDive and the*participant. If other services are claimed from TheDive, these terms and conditions shall not apply.

1.2 A basic or advanced training programme consists of several training courses that build on each other (e.g. SpaceBeyond advanced training). A training or further education programme is a scheduled course (e.g. The Loop Approach^® Fellow Training #23 from September to December 2023). A training course is an event in which a group learns/develops the content of a topic under the guidance of at least one trainer (e.g. Regenerative Business Masterclass).

1.3 Any deviating or supplementary terms and conditions of the participant shall not become part of the contract unless TheDive expressly agrees to their validity. Subsidiary agreements, amendments or additions must be made in text form to be effective, as must the cancellation of the text form requirement itself. If contracts are concluded without reservation in the knowledge of conflicting or deviating terms and conditions, TheDive's General Terms and Conditions shall nevertheless apply exclusively.

2.1 Participation in these events is generally open to everyone. Places are allocated in the order in which registrations are received. If a registration cannot be considered, TheDive will inform the participant immediately.

2.2 The subject matter of the contract is generally the service descriptions presented on the TheDive website (thedive.com) and SpaceBeyond website (spacebeyond.de) (e.g. training descriptions of The Loop Approach^® Fellow training). Minor deviations (e.g. replacement of announced trainers) are possible. Separate agreements, deviations and ancillary agreements must be made in writing.

2.3 Registrations are generally made for a complete training or further education programme (e.g. SpaceBeyond #2 training from November 2023 to May 2024).

2.3.1 In exceptional cases, it is possible to bring forward or catch up on individual training or further training courses in an earlier or later training or further training session after consultation with TheDive, subject to availability.

2.3.2 As part of The Loop Approach Fellow^® training, participation in the final training course The Loop Approach^® Transformation Architecture is only possible if the training courses Attitude & Culture and Team Effectiveness & Structural Adaptation have been completed beforehand.

2.4 Registrations must be in text form and can be made in particular

• via the website form at thedive.com and spacebeyond.de,
• by e-mail: hello@thedive.com,
• by post: TheDive GmbH, Uferstraße 6, 13357 Berlin
  by post.

2.5 The contract is concluded by the registration of the participant and the sending of the registration confirmation by TheDive.

3.1 The amount of the participation fee can be found on the registration form on the website or another offer from TheDive. The participation fee is stated as a net price per participant. The participation fee includes the costs of the materials required for the education or training programme. The fee does not include accommodation and travel costs, unless otherwise stated.

3.2 Self-paying participants generally have the opportunity to take part in TheDive events at a discounted participation fee. The discounted participation fee is shown on the website. A self-payer is anyone who pays the participation fee as a private individual or sole trader.

3.3 If a non-governmental organisation (‘NGO’) is the invoice addressee, it is also possible to participate in TheDive events at a discounted participation fee. The discounted participation fee is shown on the website. An NGO is an association or group that represents common interests, is not profit-orientated and is not dependent on governments or state agencies.

3.4 At the request of the participant, the participation fee for training and further education courses can be paid in monthly instalments, up to a maximum of six, during the training or further education period. This must be expressly agreed by the parties in text form.

3.5 Invoices are generally issued before the event takes place. If payment by the participant is not received at least one day before the start of the event, TheDive reserves the right to cancel the contract.

3.6 The invoice must be paid in euros within 14 days of receipt. This applies subject to deviating individual agreements.

4.1 If the participant wishes to cancel a booking, TheDive must be informed of this in writing.

4.2 In the case of training and further education courses, instead of cancellation, it is possible to nominate a replacement participant for the entire training or further education course free of charge up to one week before the first training or further education course is held. This also applies to training courses.

4.3 The following fees apply in the event of cancellation:

• Cancellation up to 90 days before the start of the event: free of charge, as TheDive still has sufficient opportunity to reallocate the place;
• Cancellation up to 30 days before the start of the event: 25% of the education / training fee (‘participation fee’) plus VAT,
• Cancellation between 15 and 29 days before the start of the event: 50% of the participation fee plus VAT;
• Cancellation within 14 days before the start of the event: 100% of the participation fee plus VAT.

4.4 In the event of cancellation of an ongoing training or further education course by the participant or in the event of non-attendance, the training or further education course will be invoiced in full. This also applies to training courses.

4.5 If the participant does not attend individual training sessions of a training or further training course or wishes to cancel participation in an individual training session of a training or further training course and postpone participation in the training to another session - if available - TheDive must be informed of this immediately in text form.

4.5.1 Regardless of the duration of the training and the reason for the no-show/cancellation, the following rebooking fees apply:

• Rebooking up to 30 days before the start of the training course: free of charge, as TheDive still has sufficient opportunity to allocate the place on the cancelled training course to an interested party from the waiting list;
• Rebooking from 29 days before the start of the training: 150 euros plus VAT.

4.5.2 If the participant rebooks a total of more than two training courses in one training or further education session, the cancellation fees from No. 4.3 shall apply analogously to the rebooked training courses instead of the rebooking fees from No. 4.5.1.

4.5.3 TheDive cannot guarantee the rebooking to a specific training date of another training or further education programme. Rebooking takes place taking into account available rebooking quotas in the other dates offered (usually a maximum of 2 places per training course).

If the Participant is a consumer, he/she has a statutory right of cancellation (see Sections 355, 312c BGB).

5.1 You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract (§ 355 para. 2 BGB).
To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). You are welcome to use the attached sample cancellation form.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

5.2 Consequences of cancellation
If you withdraw from the contract, TheDive shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If the service begins during the cancellation period, you must pay a reasonable amount after exercising your right of cancellation if you have expressly requested that we begin the service before the end of the cancellation period. In the case of contracts concluded outside business premises, we are only entitled to compensation if you have submitted your request on a durable medium after the start of the service provision.

The amount that corresponds to the proportion of the services already provided up to this point in time compared to the total scope of the services provided for in the contract is appropriate. The time at which we receive the notification of your cancellation of this contract is decisive.

5.3 Sample cancellation form
(If you wish to cancel the contract, simply complete and return this form).

To:
TheDive GmbH
Uferstraße 6
13357 Berlin
E-mail: hello@thedive.com

I hereby cancel the contract concluded by me for the provision of the following service:
Registered on:
Name consumer*in:
Address consumer*in:
Signature consumer* (only for notification on paper)
Date

6.1 TheDive is entitled to cancel the implementation of training and further education courses and training sessions if one or more of the following reasons occur:

• Insufficient number of participants (the minimum number of participants for events is 8 people),
• the trainer is unable to attend for health reasons,
• force majeure (e.g. an epidemic).

6.2 In the event that TheDive cancels a complete training or further training course, TheDive will refund the participation fee in full without delay, at the latest 14 days after cancellation.

6.3 If an individual training session of a training or further training course has to be cancelled for the reasons stated in clause 6.1, TheDive shall endeavour to offer an alternative date. If the participant is unable to attend the alternative date, he/she shall have the opportunity to make up for this part of the training or further training - if available - as part of a subsequent training or further training course.

6.4 In the event of cancellation, any claim for reimbursement of travel and accommodation costs as well as costs arising from loss of working hours is excluded.

6.5 TheDive is entitled to make necessary changes to the content, methodology or organisation of individual events without the consent of the participant, provided that this does not result in a significant change to the service. There is no significant change to the service if face-to-face training courses are switched to online dates due to the consequences of the pandemic.

6.6 In the event of a significant change to the service, the customer may withdraw from the contract free of charge or instead request participation in another event of at least equal value if TheDive is able to offer such an event from its range at no extra cost to the customer. The customer must assert these rights against TheDive immediately after being informed of the change in service by TheDive.

7.1 Photographs of the participants may be taken during the events as part of a photo protocol. The photo protocols will only be made available to the participants of the event as well as the trainers and employees of TheDive, who are subject to a confidentiality obligation. If the participant does not consent to his/her person being photographed, this must be communicated to the trainers before the start of the event.

7.2 Participants may be recorded in photos or videos at the events. These recordings may be used for advertising purposes by TheDive. If the recordings are to be used for advertising purposes, the trainers or another TheDive employee will obtain the consent of each participant depicted separately before the planned use.

8.1 TheDive is liable for intent and gross negligence. Furthermore, TheDive is liable for the negligent breach of obligations whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the participant can regularly rely. In the latter case, TheDive shall only be liable for foreseeable damage typical of the contract. Liability for the slightly negligent breach of obligations other than those mentioned in the preceding sentences is excluded. The limitation of liability also applies to TheDive's vicarious agents. The above exclusions of liability do not apply in the event of injury to life, limb or health.

8.2 All recommendations and assessments within the framework of the further education and training courses are made to the best of our knowledge and belief, in accordance with the current state of knowledge.

8.3 The further education and training courses offered are exclusively learning and training services, not therapy services.

8.4 TheDive is not liable for damage caused by accidents and/or the loss or theft of items brought into the venues, in particular wardrobe or valuables.

8.5 Both the*participant and the registering company shall be liable for any damage caused by the*participant.

The participant undertakes to maintain confidentiality about all information relating to the private and/or intimate sphere of the other participants and the trainer (including information relating to third parties) that the participant becomes aware of in the course of the further education/training programme. The disclosure of such information to third parties is not permitted.

10.1 Name, address, billing data, telecommunications data and the e-mail address of the participant are required for order processing and for the organisation of the events. The personal data will be used by TheDive exclusively for the purpose of contract fulfilment. The participant can obtain information about the stored data at any time. TheDive treats this information confidentially and does not pass it on to third parties, except to partner companies that need the data to process the order.

10.2 The data of the participant will be processed electronically for internal purposes. The data associated with the registration will be stored in compliance with data protection regulations.

10.3 When registering via the website, the data protection provisions also apply: www.thedive.com/de/datenschutz.

11.1 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remainder of the contract. In this case, the contracting parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the invalid provision in terms of its meaning, purpose and economic significance. The same procedure shall apply if a gap requiring supplementation should become apparent during the execution of this contract.

11.2 Unless otherwise stated in the contract, the place of fulfilment is Berlin.

11.3 If the participant is a merchant, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Berlin.

11.4 The same place of jurisdiction shall apply if the participant does not have a general place of jurisdiction in Germany, moves his/her domicile or usual place of residence out of Germany after conclusion of the contract or his/her domicile or usual place of residence is not known at the time the action is filed. Otherwise, the place of jurisdiction for all claims by TheDive against the participant, insofar as he/she is not a merchant, shall be the place of residence of the participant.

11.5 The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

11.6 Amendments and/or additions to these terms and conditions must be made in text form. This also applies to the cancellation of this text form requirement.