General Terms and Conditions Coaching
(GTC Coaching)
of Kurt Woischytzky, Calle Princesa 31, Planta 2, Puerta 2, 28008 Madrid, Spain (hereinafter referred to as “Provider”)
§ 1 Scope of application
(1) The following general terms and conditions apply to all legal relationships between the provider and the participant for participation in coaching, online courses (workshops) or face-to-face courses, webinars or seminars (hereinafter referred to as services).
(2) Coaching sessions within the meaning of this contract are individual coaching sessions between the provider and a specified number of participants, in which decisions and solutions to problems of the participants are accompanied. Courses within the meaning of this contract are prefabricated teaching sequences for several participants that can be offered online or offline. Webinars are individual online lessons on a specific topic; they can be part of a course or stand alone. Seminars are individual lessons offered offline on a specific topic; they can be part of a course or stand alone.
(3) The services can only be booked by companies or self-employed entrepreneurs or persons who book the course for the start of their self-employment, but not by consumers.
(4) No verbal ancillary agreements have been made. All future amendments to the contract must be recorded in text form; this also applies to the revocation of this text form clause.
§ 2 Conclusion of contract
(1) The contract is concluded in person, by means of distance communication or on the provider’s website.
(2) The provider is entitled to withdraw from the contract if there is an important reason for refusing participation in the person of the participating company or its management or the course participant.
(3) The participant is not entitled to the provision of technical means to correct his order, separate information on the technical steps to conclude the contract, information on the storage of the contract, the available languages and codes of conduct, or immediate confirmation of his order.
§ 3 Payment/Delay
(1) All prices to entrepreneurs are net prices plus the applicable statutory VAT, unless otherwise agreed. Not included are travel, catering or, in the case of online content, any connection costs incurred by the participant.
(2) In addition, the participant is obliged to reimburse the actual expenses and disbursements incurred by the provider for the coaching services (in particular travel costs) against proof.
(3) The contractual remuneration shall only apply insofar as contractual services are listed enumeratively in the provider’s offer. Additional consulting or coaching services are to be remunerated according to the contractual rates in accordance with the offer, or alternatively according to the customary, appropriate remuneration.
(4) If fees are incurred for a return debit note by the participant, the participant shall bear these fees insofar as he/she was responsible for the return debit note, i.e. it was not justified.
(5) The Provider is entitled to check that the Participant has paid the fee before providing the services and, if necessary, to request proof of successful payment to the Provider. If the participant does not provide this proof, the provider may demand payment in cash from the participant at the event location (any double payment will of course be refunded) or refuse the participant participation in the services in the event of non-payment.
§ 4 Service content and location, money-back guarantee
(1) The illustration and description of the service and the place of performance on the provider’s website are for illustrative purposes only and are only approximate. No guarantee is given for complete compliance.
(2) The provider is entitled to make adjustments to the content or the course of the service for technical reasons, for example if there is a need to update or further develop the content, provided that this does not result in a significant change to the content and the change is reasonable for the participant.
(3) For courses, webinars or seminars, the provider is entitled to replace the announced speaker with an equally qualified speaker if this should be necessary due to the speaker being unable to attend, for health or other reasons.
(4) The provider is entitled to change the time and place of the announced service, provided that the participant is informed of the change in good time and it is reasonable for the participant.
(5) Upon conclusion of the contract, the participant shall receive access to some of the provider’s workshops for a period of 14 days from the conclusion of the contract in accordance with the provider’s offer so that he/she can gain a better impression of the provider’s offer. At the same time, the provider grants the participant a freely exercisable right of withdrawal for a period of 14 days from the conclusion of the contract (money-back guarantee). Within the framework of the money-back guarantee, the participant can withdraw from the contract without giving reasons; he/she then loses his/her access to the provider’s offers and any payments already made will be refunded in full. Unless otherwise agreed, the withdrawal must be declared in text form.
(6) The participant can also activate the full scope of services at will before the expiry of 14 days from the conclusion of the contract in order to gain access to the provider’s full range of services.
(7) The participant loses the money-back guarantee within the meaning of § 4 para. 5 sentence 2 if, before the expiry of 14 days from the conclusion of the contract
- a) activates the full scope of services in accordance with § 4 Para. 6 or
- b) makes use of an individual service (e.g. consultation call, production service).
If the customer does not make use of his money-back guarantee, he will automatically receive access to the full scope of the provider’s services in accordance with the provider’s offer.
§ 5 Procedure for offline events or coaching sessions / exclusion of the participant
(1) The provider has the domiciliary rights in the service premises. The participant must follow the instructions of the provider or its employees.
(2) Unless otherwise announced, it is prohibited to bring and consume your own food and drink in the event rooms.
(3) The participant may not use technical equipment in such a way that other participants or the speaker are disturbed.
(4) In addition, the house rules of the event premises and any other regulations issued by the provider shall apply.
(5) The provider may exclude the participant from further participation in the event if the participant culpably breaches the obligations arising from this paragraph. In the event of gross violations, this may also occur without prior warning.
(6) If the participant is excluded by the provider, the participant is obliged to compensate the provider for any damages incurred as a result. In particular, the participant is not entitled to a full or partial refund of the services already paid for.
§ 6 Obligations of the participant
(1) The participant may only use the services personally and may not make them accessible to third parties, unless otherwise specified.
(2) The participant may not reproduce the content of the service or store it outside the provider’s service.
(3) In the case of online content, the participant receives the access data for the service from the provider or selects such data themselves. The purpose of the access data is to prevent unauthorized persons from using the service. If the subscriber chooses or changes his/her own access data, he/she must ensure that the password is sufficiently secure. Short and easy-to-guess passwords may not be used. These access data must be protected by the participant against unauthorized access by third parties and changed at regular intervals for security reasons. The participant may only store user names and passwords digitally in securely encrypted form.
(4) If the access data is entered incorrectly several times, access may be blocked to protect the subscriber. If the subscriber is responsible for this blocking, he/she shall be liable for the costs and expenses incurred by the provider as a result of the activation in accordance with the customary and reasonable local costs.
(5) The participant is obliged to inform the provider immediately if the participant becomes aware that third parties have access to his access data or have otherwise gained access to his service. If the participant does not inform the provider immediately, he/she is obliged to compensate the provider for the resulting damage.
(6) Coaching takes place on the basis of the preparatory discussions. It is based on cooperation and mutual trust. The participant is not obliged to accept the coaching or implement the recommendations made. The participant is fully responsible for his/her own physical and mental health during the coaching. The participant acknowledges that all steps and measures taken by him/her in the course of the coaching are his/her own responsibility.
§ 7 Availability of content
(1) The service is used for online content on the Internet and can only be used in full if the subscriber has a sufficiently fast Internet connection. It is the responsibility of the subscriber to ensure this.
(2) The provider strives for the greatest possible availability of online content. However, constant availability cannot be guaranteed and also depends on the functioning of the Internet infrastructure, over which the provider has no influence.
(3) The Provider is entitled to temporarily restrict or completely block the use of the online content, in particular for maintenance, care and improvement as well as for other reasons necessary for the Provider’s operations. In doing so, the provider shall take into account the average interests of the participants as far as possible (e.g. when determining maintenance times). In the event of urgent disruptions, the Provider shall also be entitled to rectify faults during normal business hours.
(4) The Provider shall not be liable for force majeure or operational disruptions occurring at the Provider or the Provider’s subcontractors, e.g. due to riots, strikes, pandemics, epidemics, lockouts, which temporarily prevent the Provider from providing the services through no fault of its own. Furthermore, the provider is not liable for loss of data or non-availability that could have been easily prevented by the participant taking suitable precautions in accordance with the rules of technology and their own precautions.
(5) If the Provider is unable to provide the service due to force majeure, the Provider’s obligation to provide the service shall be suspended for as long as the impediment to performance persists.
(6) If the impediment to performance lasts for more than one week, the participant has the right to terminate the contract without notice if the fulfillment of the contract is no longer of interest to him as a result of the impediment.
§ 8 Failure of the service
(1) The Provider is entitled to cancel the performance of the service if the Provider or a third party service provider engaged by the Provider, in particular the speaker or the event location, is prevented from performing the service on the agreed date, e.g. due to riots, strikes, lockouts, natural disasters, pandemics, epidemics, storms, traffic obstructions or illness, which prevents the Provider from performing the service on the agreed date through no fault of its own.
(2) The provider is obliged to inform the participant as soon as possible in the event of cancellation.
(3) In the event of cancellation in accordance with paragraph 1, the participant shall not be entitled to compensation.
(4) In the event of a cancellation, the provider will offer the participant an alternative date if necessary. If no agreement can be reached, the provider will reimburse the participant for any fees already paid.
§ 9 Unavailability of the participant
(1) If the participant withdraws from the course or refuses to participate for any other reason, the participant must pay the coaching or course fees less any expenses saved by the provider as a result of non-participation.
(2) The participant shall receive a further refund for courses, seminars or webinars if the service was nevertheless fully booked, provided the number of members was limited, or the participant fulfills the requirements of paragraph 3. In this case, the provider shall reimburse the participant for the remuneration already paid less the costs incurred by the participant.
(3) The participant is entitled to nominate a substitute participant instead. In this case, a processing fee of USD 15 incl. VAT will be charged by the provider, which must be paid by the participant before the event takes place. The provider is not obliged to accept a substitute participant, but the participant is not entitled to compensation if the substitute participant was reasonable.
§ 10 Copyright and industrial property rights, recordings
(1) All of the provider’s service documents are protected by copyright. This applies to the provider’s content on its website, lectures, presentations, scripts and other service documents. The participant is not entitled to reproduce, distribute or publicly reproduce such documents.
(2) The participant is not entitled to make image, film or sound recordings of the service without the express permission of the provider.
(3) The participant consents to the provider making image, film and/or sound recordings of the courses, webinars or seminars with reproduction of the participant and using them for advertising purposes. The participant is entitled to revoke or restrict this consent at any time.
§ 11 Liability of the provider
(1) Coaching is the individual development of methods, behaviors and attitudes and therefore always depends to a large extent on the cooperation of the participant. The provider cannot guarantee a certain success of the coaching.
(2) The opinions and recommendations of the provider only prepare the entrepreneurial or personal decision of the participant. Under no circumstances can they replace them.
(3) In the case of coaching held online, the provider is only liable for the proper feeding of data into the Internet at its access point. The provider is not liable if the properly fed data does not reach the participant in sufficient quality. In particular, the provider is not liable for the subscriber’s reception configuration or errors made by network operators.
(4) Any items brought onto the premises of the provider are at the risk of the participant. The provider accepts no liability for the loss, destruction or other damage, unless the provider is guilty of gross negligence or intent.
(5) The provider is not liable for the content of external links on the provider’s website, in particular not for advertising information provided by the provider of premises and/or third party speakers.
§ 12 Data protection
(1) For the contract, contract data is collected in accordance with Art. 6 para. 1 lit. b GDPR (e.g. name, address and e-mail address, any services used and all other data transmitted electronically or for storage that is necessary for the execution of the contract), insofar as it is necessary for the establishment, content or amendment of a contract.
(2) The contract data will only be passed on to third parties if this is necessary (in accordance with Art. 6 para. 1 lit. b GDPR) for the fulfillment of the contract, if this corresponds to the overriding interest in an effective service (in accordance with Art. 6 para. 1 lit. f GDPR) or if consent (in accordance with Art. 6 para. 1 lit. a GDPR) or other legal permission exists. The data will not be transferred to a country outside the EU unless the EU Commission has established a level of data protection comparable to that in the EU, consent has been given or the standard contractual clauses have been agreed with the third-party provider.
(3) Data subjects can request information about the stored personal data free of charge at any time. You can request the correction of incorrect data at any time (also by supplementing it) as well as the restriction of its processing or the deletion of your data. This applies in particular if the purpose of the processing has expired, a required consent has been revoked and there is no other legal basis or the data processing is unlawful. The personal data will then be corrected, blocked or deleted immediately within the legal framework. You have the right to withdraw your consent to the processing of personal data at any time. This can be done by informal notification, e.g. by email. The revocation does not affect the legality of the data processing carried out up to that point. Transfer of the contract data in machine-readable form may be requested. If an infringement of the law is feared as a result of the data processing, a complaint can be lodged with the competent supervisory authority.
(4) In principle, the data will only be stored for as long as is necessary for the purpose of the respective data processing. Further storage may be considered in particular if this is still necessary for legal prosecution or for legitimate interests or if there is a legal obligation to retain the data (e.g. tax retention periods, statute of limitations).
§ 13 Mediation
(1) In the event of disputes arising from the business relationship between the provider and the participant, the parties are obliged to seek an amicable solution. If an agreement cannot be reached, they undertake to settle their differences in mediation before taking legal action. The possibility of summary proceedings by way of interim legal protection remains unaffected. The simple non-payment of remuneration without giving reasons does not constitute a dispute within the meaning of this paragraph.
(2) If one party requests mediation from the other party, both parties are obliged to agree on a mediator within eight days. If this agreement is not reached within the deadline, a lawyer mediator – whereby primarily mediators who offer online mediation should be chosen – shall be appointed by the President of the Bar Association or a representative at the contractor’s registered office at the request of one of the parties. This is also the location of the mediation, unless the Bar Council proposes online mediation. The language of mediation shall be English, unless all parties agree on another language.
(3) Legal recourse (or an alternatively agreed arbitration procedure, if applicable) is only permissible if the mediation has failed because (a) the parties mutually declare the mediation to be terminated, (b) after the first mediation session further negotiations are refused by one party, (c) the mediator declares the mediation to have failed or (d) an agreement is not reached within 3 months of the start of the first mediation session, unless the parties extend the deadline by mutual agreement.
(4) The costs of an unsuccessful mediation shall be borne internally by the parties in equal shares vis-à-vis the mediator. Irrespective of this provision in relation to the mediator, the parties are at liberty to demand reimbursement of these costs and those of any accompanying legal advice as legal costs in subsequent proceedings; the respective decision in the dispute shall then apply. If an agreement is reached, the agreed cost regulation shall apply.
§ 14 Place of jurisdiction/place of performance
(1) If the participant is a business client, the place of jurisdiction shall be the registered office of the provider. However, the provider is also entitled to sue the participant at his place of residence or business.
(2) Unless otherwise stated in the order confirmation or the contract, the place of performance shall be the supplier’s registered office.