General Terms and Conditions
1. Scope
1.1. These General Terms and Conditions (‘GTC’) govern the provision of coaching, workshops and consulting services to legal entities under private and public law, as well as to sole traders and natural persons (hereinafter collectively referred to as ‘customers’, whereas the person personally receiving the coaching is referred to as the ‘coachee’). The coaching, workshops and consulting services are provided in coordination with the customer and the coachee either in person, by telephone or by video conference.
1.2. Individual agreements made with the customer in individual cases take precedence over these terms and conditions.
1.3. Any of the customer's terms and conditions that differ from, contradict or supplement these terms and conditions shall only become part of the contract if and to the extent that I have expressly agreed to their validity.
1.4 These terms and conditions also apply to all future business with the customer, provided that it is a legal transaction of a related kind.
2. Subject matter of the contract and rights of use
2.1 My aim is to show people ways to become more resilient, powerful and motivated to achieve their goals, thus ensuring personal and, as a result, business success. The exact subject matter of the contract is determined by the individual agreements with the customer. I support the customer and coachee in realising their concerns. The implementation itself is the responsibility of the coachee and is therefore not the subject of this contract.
2.2 The location of the coaching sessions is based on the individual agreement with the customer. If no agreement has been made regarding the location, the sessions will either take place at my premises at Waldfrieden 2, 45133 Essen, at a location specified by the customer and coachee, or virtually. The coachee should always be prepared (wardrobe, footwear) for sessions to be held in nature, usually on foot.
2.3 I provide my services in person, unless otherwise expressly agreed. In doing so, I disclose to the coachee the methods I use, how they work and their purposes, as well as the risks and possible outcomes at every stage of the coaching.
2.4 Any work materials provided (questionnaires and other texts, video and audio files, and other counselling materials) are provided to the coachee for their own use only. No further rights of use are transferred.
3. Obligations of the coachee
3.1 My services cannot replace therapy, diagnosis or treatment by a doctor or therapist. The coachee is therefore obliged to take care of their own physical health and mental resilience and, if necessary, to inform me in good time of any circumstances that could be relevant for the provision of my services. I reserve the right to request ‘approval’ from conventional medical or therapeutic practitioners in critical situations.
3.2 The success of the steps and measures I suggest requires the coachee's participation in the change process. In particular, the coachee must ensure that I have access to all the information, data, documents and content to be included that is necessary for me to carry out the agreed activity in a timely manner. I am not obliged to check the information and data provided by the coachee. The coachee is aware that all steps and measures taken by him in the course of coaching are only within his own area of responsibility.
4. Prices and payment terms
4.1. The services I provide are usually invoiced upon their execution. The invoice is due immediately upon receipt. Further payment terms (e.g. advance payments to be made) may result from the offer.
4.2 The prices I quote are net prices plus the statutory value added tax. The total price including VAT and any shipping costs as well as reimbursable expenses will be shown separately in my service list.
4.3 If a location outside Essen has been agreed as the place of performance, the customer shall bear the travel costs. These are usually costs for flights, a hotel and a meeting room. If the customer uses his or her own car, I am entitled to charge a flat-rate expense allowance for the journey or at least the travel costs of 0.50 cents / km. If the customer requests a postponement, the customer will bear the costs of rebooking and the resulting additional travel planning costs. This will be charged at the agreed hourly rate. Otherwise, the provisions of section 6 apply.
4.4 The travel expenses will be settled with the invoice. A copy of the receipt will be attached to the invoice.
4.5 If a time-based fee has been agreed, billing will be on a quarter-hourly basis.
5. Warranty and liability
5.1 Unless otherwise agreed below, the warranty and liability for material defects or defects of title shall be governed by the applicable statutory provisions of the German Civil Code (BGB).
5.2 There is unlimited liability in accordance with the statutory provisions
• for damage to life, limb and health,
• for intentional and grossly negligent breaches of duty,
• for the violation of essential contractual obligations (obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely),
• for damages covered by liability under the Product Liability Act, and
• within the scope of any guarantees.
Otherwise, liability is excluded to the extent permitted by law.
6. Appointments and Cancellation
6.1 Reliable adherence to deadlines is an important foundation for good cooperation. Appointments for coaching, workshops and consultations are agreed upon as binding and are to be remunerated as agreed, unless an exception arises from the following special provisions.
6.2 Cancellations for individual coaching: Should the coachee need to cancel an appointment for health or other important reasons, this must be done as early as possible. An appointment can be cancelled free of charge if the cancellation is made at least one week before the appointment. Up to 48 hours before the appointment, it is possible to reschedule the appointment to another time within the next four weeks or to cancel it for a cancellation fee of 50% of the fee.
Within 48 hours before the appointment, I have to charge the full amount for the session if it is cancelled or postponed.
The time of cancellation is always determined by the time of my receipt of the cancellation.
6.3. Cancellation of workshops and group coaching: Workshops and group coaching can be cancelled free of charge up to four weeks before the start. If the number of participants decreases, the costs set here remain unchanged. Fixed dates for the individual workshop days can be postponed by arrangement with a notice period of 14 days to another day, but in the same financial year, provided that this is possible in terms of scheduling and does not have a disruptive effect on the workshop concept.
6.4 Cancellations must be made in writing to the following email address: coaching@mayer-tups.com
6.5 In the event of a late cancellation, the customer is entitled to prove that I have not incurred any damage at all or only to a lesser extent.
7. Confidentiality
7.1 I shall maintain strict confidentiality regarding this contract, its contents and its execution and the circumstances related to it.
7.2 Both parties shall treat the personal and economic data that becomes known to them in connection with this contract, as well as the details of this contract, confidentially and in accordance with the applicable data protection provisions.
8. Final Clauses
8.1 The place of fulfilment and court of jurisdiction for all liabilities ensuing from this contract is Essen, in as far as the customer is a merchant, a legal entity under private or public law. The same applies if the customer has no general court of jurisdiction in Germany or if the domicile or usual place of residence has been moved out of the jurisdiction of this law after the contract has been concluded or is unknown at the time of commencement of proceedings. The customer may also be sued at his place of residence or business.
8.2 The law of the Federal Republic of Germany shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which they have their habitual residence is not withdrawn. The application of the UN Sales Convention and international private law is excluded.
8.3 The European Commission provides a platform for online dispute resolution. This can be found at ec.europa.eu/consumers/odr/. I am not willing and not obliged to participate in a dispute resolution procedure.
As of 15 November 2024