GENERAL TERMS AND CONDITIONS
for holistic consulting and coaching (GTCs)
§ 1 Scope of application
These terms and conditions regulate business conditions between the consultant Anita Haas (hereinafter referred to as “Coach”) and the contracting entity (hereinafter referred to as the “Client”) in the form of a service contract in the sense of §§ 611 ff. BGB (German Civil Code), unless otherwise agreed in writing between the contracting parties.
These General Terms and Conditions apply to all orders and bookings made by clients with the coach within the context of § 13 BGB of the German Civil Code.
A registration and/or booking becomes binding with its utilisation or payment against invoice, subject to any right of cancellation.
Content of the Service Contract
The Coach provides his/her services via telephone, video call or zoom, via internet or in person. In doing so, the Coach applies their knowledge and ability for consulting and training. Unless otherwise agreed, the Coach is entitled to use the methods that correspond to the presumed will of the Client.
The occurrence of a certain success through the coaching sessions and the Hostelograf Method is not guaranteed by the Coach and is not subject to the contract. The use of scientifically recognised methods is also not guaranteed by the Coach and is not part of the contract.
§ 3 Exclusion of medical treatment
Coaching and training do not constitute the practice of medicine. The Coach does not make any diagnoses and does not give any medical advice or information. Further, the Coach does not issue sick notes or prescribe medicines.
Coaching, counselling and the Hostelograf Method are not psychotherapy or curative treatment and are not a substitute for psychotherapy or other mental or psychiatric treatments. For counselling, a normal mental and physical resilience is presumed. In the case of existing or arising complaints, the Client is requested to seek medical attention.
A medical or health-related promise of healing is not given by the Coach.
§ 4 Duty of cooperation, termination of consultation
The Client is not obligated to actively participate in and during the consultation or in the process of coaching, but such participation is recommended. Coach and Client are each entitled to terminate an appointment or coaching session without providing reasons, especially in the case of a loss of trust. If the Client terminates an appointment, this must be done in good time and at least 48 hours prior to the next agreed appointment.
§ 5 Fees
The Coach is entitled to a fee for his/her services. This is usually agreed upon individually between the Coach and the Client.
The fee is to be paid by the Client either by bank transfer or in cash prior to, and including on, the day of the appointment. Terms of payment, instalments or other conditions are to be agreed upon before the beginning of the coaching session and should be recorded in writing.
Appointments that have to be cancelled by the Coach will not be charged to the Client. If no alternative appointment date is agreed with the Client, any fees already paid will be refunded.
If an appointment for coaching is arranged outside the practice location, travel expenses and, if incurred, accommodation costs will be charged in addition to the fee. Expenses will be documented upon request.
If the Client does not attend an agreed appointment without cancelling or with a cancellation of less than 24 hours’ notice, 80% of the agreed fee will be due for payment, as far as the Client is responsible for the lack of or the delay of the cancellation.
§ 6 Confidentiality provisions
The Coach undertakes to treat data, facts and documents entrusted to him/her confidentially, and to disclose the content of conversations only with the express permission of the Client. An exception only applies if the Coach is obliged to provide information due to a legally effective order from a relevant authority or court. An exception to this also applies if the Coach is instructed to disclose corresponding information within the scope of court or official proceedings in order to exercise his/her rights.
If the Coach keeps record of the conversations held with the Client, the Client shall be entitled to inspect these records insofar as the Client can claim a legitimate interest therein.
At the request of the Client, the Coach will delete personal data after the service has been concluded.
§ 7 Limitation of liability
For damages resulting from a slightly negligent breach of essential contractual obligations by the Coach, or vicarious agent of the coach, the Coach’s liability shall be limited to the compensation for the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfilment is necessary for the proper execution of the contract and upon whose fulfilment the contractual partner may regularly rely. Liability in the event of injury to life, limb or health, and in the event of gross negligence, shall remain reserved.