Terms & Conditions
General Terms and Conditions and Cancellation Policy for Services of Gabriele Euchner Coaching + Consulting
§ 1 Scope of Application Subject Matter of the Contract and Exclusivity
1. For the business relationship between Gabriele Euchner Coaching + Consulting and the participant *in relation to services (coaching single session, coaching group workshops and other events - online, by telephone or presence) the following general terms and conditions apply exclusively.
2. The address of Gabriele Euchner Coaching + Consulting is Eisenacher Str. 16, 80804 Munich, Germany. Phone: +49 176 43891148 E-mail: ge@gabrieleeuchner.com
3. General terms and conditions of a participant shall only become part of the contract if Gabriele Euchner Coaching + Consulting accepts them explicitly and in written form.
4. These terms and conditions apply to entrepreneurs (including companies, legal entities under public law or special funds under public law in the sense of § 310 para. 1 BGB) as well as to consumers unless a distinction is made between entrepreneurs and consumers in the respective clause.
5. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity (cf. Section 14 BGB). Consumers are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (cf. § 13 BGB).
6. In the case of legal transactions of a related nature, these terms and conditions shall also apply to all future transactions.
§ 2 Subject Matter of the Contract and Services of Gabriele Euchner Coaching + Consulting
Subject matter of the contract are services in Career Coaching, Leadership Coaching and Strategy Consulting in the form of workshops, individual coaching, group coaching in several or individual appointments - online, by telephone and face-to-face appointments.
1. The scope of the service shall be determined primarily by the contract concluded with the Client or the confirmed offer and secondarily by these General Terms and Conditions and other offers and service descriptions.
2. The workshops and individual appointments take place at the place indicated in the respective offer. If a coaching appointment cannot take place at the planned location (presence), the individual appointment or group workshop can be held as an online event.
3. Participation in group workshops or individual coaching sessions requires normal mental and physical resilience. If this is not guaranteed, the participant shall inform us before the start of the service provision.
4. The number of participants in group workshops is limited.
§ 3 Registration and conclusion of the contract (conclusion of the contract)
1. The registration of the client is obligatory and takes place either via web page https://www.gabrieleeuchner.com or by email to ge@gabrieleeuchner.com. Within 48 hours the client receives a registration confirmation by email. By this registration confirmation the contract is concluded. Registrations will be considered in the order in which they are received. If a workshop is already fully booked, a waiting list will be created. The respective rank depends on the receipt of the respective registration. Should a place become available, the customer will be notified by email to the email address provided during registration.
2. The complete contract text will not be stored by Gabriele Euchner Coaching + Consulting beyond that. Gabriele Euchner Coaching + Consulting is also not obligated to do so.
3. The right to participate in the workshops acquired with the conclusion of the contract is transferable. The participant may transfer his participation to another person named by him free of charge. He shall then ensure that this new participant accepts these General Terms and Conditions.
4. Coaching sessions can be arranged by the client with Gabriele Euchner Coaching + Consulting by phone, e-mail or in person.
§ 4 Remuneration and terms of payment
1. The participant is obliged to pay the fee for the coaching sessions or the workshop before the start of the service.
2. The invoice will be sent by e-mail directly after the binding registration. The fee is due immediately after invoicing and must be paid at the latest by the start of the coaching session or workshop.
3. The payment has to be transferred to the bank account of Gabriele Euchner Coaching + Consulting (see invoice).
4. When booking coaching packages, the client pays the booked hourly quota in advance and after invoicing. Thereafter, the client has one year to make use of the booked contingent at Gabriele Euchner Coaching + Consulting.
§ 5 Duration of Contract and Termination
1. The duration of the contract as well as the dates for the provision of services result from the contract concluded between Gabriele Euchner Coaching + Consulting and the participant or client.
2. The contract does not contain a minimum term. The contract ends with the end of the respective service (e.g. after the last coaching session).
§ 6 Cancellation or Rebooking of the Client
1. After expiration of the cancellation period Gabriele Euchner Coaching + Consulting grants the participant who is a consumer or the client who is an entrepreneur under the following conditions a cancellation or rebooking (for individual seminars and business/personal coaching § 5 para. 2 and 3 applies differently) of the booking: a cancellation or rebooking by a participant is possible up to 8 weeks before the course begins (starting date). Gabriele Euchner Coaching + Consulting is entitled to an appropriate compensation in the amount of 50% of the fee. The participant is free to prove that Gabriele Euchner Coaching + Consulting has incurred no or only a lower loss. Alternatively, a rebooking can be made for a course with the same content on another date. The participant must notify Gabriele Euchner Coaching + Consulting of his/her wish to rebook by e-mail within the deadline. A rebooking fee of 250 Euro will be charged. Only after confirmation by Gabriele Euchner Coaching + Consulting the rebooking is binding. A rebooking can only be made once. The registration for the booked workshop after rebooking is binding and it cannot be rebooked again or cancelled under the above cancellation conditions. If the price of the course has decreased after the rebooking, the difference is not creditable and will not be charged. If the price of the course has increased after the rebooking, the higher fee must be paid by the participant. Cancellation or rebooking is not possible within 4 weeks before the date of the course. The claim for payment of Gabriele Euchner Coaching + Consulting remains valid. The nomination of substitute participants is possible (see § 2).
2. The registration for individual coaching sessions is binding. Individual coaching sessions cannot be cancelled or rebooked. The nomination of substitute participants is possible (see § 2).
3. Appointments for coaching sessions (business/personal coaching) are binding. The client may cancel the appointment free of charge by e-mail up to 48 hours before the agreed appointment with Gabriele Euchner Coaching + Consulting, if no other contractual arrangement has been made. A free cancellation by the client less than 48 hours before the agreed appointment is not possible.
4. If the participant or client does not appear at the appointment or does not participate without cancelling or rebooking in advance under the above conditions, the full amount of the fee is due. If a client or participant does not use the full service or leaves a workshop early, there is no right to a refund for the part of the service that was not used.
5. If the participant is partially prevented from attending a workshop consisting of several dates, he/she can make up a maximum of two missed modules in the course with the same content in the following year, in agreement with Gabriele Euchner Coaching + Consulting and if free places are available.
§ 7 Rights of Gabriele Euchner Coaching + Consulting, Cancellation and Postponement of Events
1. Gabriele Euchner Coaching + Consulting may make changes to the content and organization of the service, provided that the core of the booked service is not significantly changed as a result.
2. Gabriele Euchner Coaching + Consulting is entitled to replace individual coaches/trainers with other coaches/trainers if this does not change the overall character of the course. Gabriele Euchner Coaching + Consulting reserves the right to substitute the coach/trainer named on the Gabriele Euchner Coaching + Consulting website by another coach/trainer for given reasons, such as illness or other reasons for which Gabriele Euchner Coaching + Consulting is not responsible.
3. Gabriele Euchner Coaching + Consulting is entitled to withdraw from the contract for good cause. An important reason is in particular that a circumstance for which Gabriele Euchner Coaching + Consulting is not responsible (e.g. force majeure, official restrictions or prohibitions, sudden illness of the trainer etc.) makes it impossible to hold individual workshops. Already paid participant fees will be refunded immediately. The participant is not entitled to any further claims for damages.
4. Regardless of other reasons, especially if the number of registrations for an event is less than 6 persons up to 2 weeks before the day of the event, Gabriele Euchner Coaching + Consulting is entitled to withdraw from the contract - regardless of the existence of any other reasons for termination. In this case, Gabriele Euchner Coaching + Consulting will immediately inform the participants of the cancellation of the event and refund any participation fees already paid to the participant.
§ 8 Right of Gabriele Euchner Coaching + Consulting to Conduct Online Courses/Coachings
1. Gabriele Euchner Coaching + Consulting is entitled to transmit individual coaching units online by means of suitable video software (so-called online event) if face-to-face events cannot be held or do not seem appropriate due to circumstances for which Gabriele Euchner Coaching + Consulting is not responsible (e.g. official orders, force majeure, corona incidence values within seven days). In this case, the participant has the choice between rebooking to a later date or participation in the online module, which replaces the face-to-face event. In this case, the participant will not be granted a cancellation. The participant will be informed in good time by e-mail before the respective date about the changeover from face-to-face to online event and vice versa. The participant can request a rebooking by e-mail up to 48 hours before the event.
2. Gabriele Euchner Coaching + Consulting is only responsible for technical problems that hinder the participant's participation if they fall within her technical responsibility. Gabriele Euchner Coaching + Consulting is not responsible for technical problems caused by incorrect settings by the participant, insufficient hardware or software requirements or connection problems. There is no right to a refund of the course fee. In individual cases Gabriele Euchner Coaching + Consulting can offer the participant an alternative date but is not obligated to do so.
3. For the success of the online event Gabriele Euchner Coaching + Consulting is dependent on an appropriate technical service provider. In the event of technical disruptions that cannot be remedied by Gabriele Euchner Coaching + Consulting at short notice, the individual online event may be cancelled. Gabriele Euchner Coaching + Consulting will inform the participant about an alternative date. Further claims of the customer are excluded.
§ 9 Prohibition of Recordings and Recording by Participants or Coachees
1. Any recordings of the performance of Gabriele Euchner Coaching + Consulting (videos, sound, image recordings, etc.) as well as their publication, dissemination, and reproduction (also in extracts) including making them publicly available on the Internet are - irrespective of the purpose pursued thereby - prohibited to the participant or coachee without exception.
2. In case of violation of the obligations regulated under this § Gabriele Euchner Coaching + Consulting shall be entitled to an extraordinary right of termination without notice and in case of the exercise of this right of termination Gabriele Euchner Coaching + Consulting shall be released from its obligation to perform but shall retain its full claim to remuneration.
3. Apart from that Gabriele Euchner Coaching + Consulting reserves the right to allow recordings of the participants for private purposes. This requires the prior consent of Gabriele Euchner Coaching + Consulting.
§ 10 Photo, Video and Sound Recordings by Gabriele Euchner Coaching + Consulting (or commissioned service providers)
1. Gabriele Euchner Coaching + Consulting points out that during the group workshops sometimes photos, video and sound recordings are made. By participating in an event, the participant gives his/her free and unlimited consent to appear on picture and sound recordings in audiovisual media (e.g. website, YouTube, LinkedIN, facebook).
2. Participants who take part in exercises and do not want to be filmed in this situation are requested to signal this so that the filming can be interrupted in time.
3. Possible interference with the course of the seminar, which will be kept to a minimum, does not entitle the participant to a refund of the seminar costs or to any other compensation.
§ 11 Copyrights, intellectual property rights and know-how
1. Gabriele Euchner Coaching + Consulting reserves all rights, in particular property rights and copyrights, to all worksheets, workbooks, scripts, texts, eBooks, sketchnotes, sketches, images, guides and other materials, documents and other know-how made available to the participant in connection with the preparation of the offer, commissioning, and performance of the services by Gabriele Euchner Coaching + Consulting. Copyrights and other intellectual property rights to the working documents are exclusively reserved to Gabriele Euchner Coaching + Consulting or the respective author or beneficiary.
2. A granting of rights of use to the participant does not take place. The participant may use the documents only in the context of the coaching or workshop and for his own personal and non-commercial and non-corporate purposes.
3. The participant is in particular not permitted to publish the working documents (or parts thereof) in whole or in part, to reproduce them physically or incorporeally, to distribute them, to digitize them, to make them available to third parties, to make them publicly accessible (e.g. on the Internet or via mobile data services or apps), to edit or transform them or to evaluate or use them in any other way, in particular also not to use them for activities that compete with the services of Gabriele Euchner Coaching + Consulting.
4. All worksheets, workbooks, scripts, texts, eBooks, sketchnotes, sketches, images, guides and other materials, documents and other know-how provided to the participant in connection with the preparation of the offer, commissioning and provision of the services by Gabriele Euchner Coaching + Consulting may not be reproduced or distributed by the participant either digitally or in physical form (not even in part). The participant is also prohibited from publishing or making available on the Internet (even in part). Infringements constitute copyright offences and may be prosecuted.
5. In case of violation of the obligations regulated under this § Gabriele Euchner Coaching + Consulting is entitled to an extraordinary right of termination without notice. In case of exercising this right of termination Gabriele Euchner Coaching + Consulting shall be released from its obligation to perform but shall retain its full claim to remuneration.
§ 12 Liability for Damages
1. Gabriele Euchner Coaching + Consulting shall only be liable for damages caused by intentional or grossly negligent breach of duty by Gabriele Euchner Coaching + Consulting and its vicarious agents.
2. The liability of Gabriele Euchner Coaching + Consulting and its vicarious agents for contractual breaches of duty as well as for tortious claims (including other claims for damages) is limited to intent and gross negligence. Excluded from this are claims for damages of the customer or the participant arising from injury to life, body, health or from the breach of essential contractual obligations as well as claims for compensation for damages caused by delay (§ 286 BGB).
3. As far as Gabriele Euchner Coaching + Consulting has taken out a liability insurance, the liability for damages caused by negligence is limited to the benefits of the liability insurance, as far as the liability insurance covers the typical risk. As far as the insurer is free of performance, the claim for damages will not be reduced by this.
4. The participant is liable to Gabriele Euchner Coaching + Consulting for all damages caused by him/her in the course of the coaching and workshops, and in the training premises.
§ 13 Alternative Dispute Resolution for Consumers
1. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform) for disputes arising from online purchase contracts and online service contracts involving a consumer, which can be accessed on the Internet at https://ec.europa.eu/odr.
We are not willing or obligated to participate in dispute resolution proceedings before consumer arbitration boards.
§ 14 Place of Performance - Choice of Law and Jurisdiction
1. All contracts between Gabriele Euchner Coaching + Consulting and the participant or client shall be governed by the laws of the Federal Republic of Germany.
2. Place of performance for all disputes arising from and in connection with this contract is - as far as the participant is a merchant in the sense of §§ 1 ff. HGB (German Commercial Code), a legal entity under public law or a special fund under public law in the sense of § 310 para. 1 BGB (German Civil Code) - is the place of business of Gabriele Euchner Coaching + Consulting.
3. The exclusive place of jurisdiction for disputes arising from the present contractual relationship is - as far as the client is a merchant in the sense of §§ 1 ff. HGB (German Commercial Code), a legal entity under public law or a special fund under public law in the sense of § 310 para. 1 BGB (German Civil Code) - is Munich, Germany.
Customer information for consumers
Identity of the service provider:
Gabriele Euchner Coaching + Consulting
Eisenacher Str. 16
80804 Munich
Phone: +49 176 43891148
E-mail: ge@gabrieleeuchner.com
1. Essential characteristics of services
The essential characteristics of the service can be found in the respective offer.
2. Prices and terms of payment
3. The prices listed in the respective offer are binding and are net prices, i.e. plus the statutory value added tax.
4. The payment methods available for the purchase of the respective item are indicated in the respective offer or during the ordering process (before the conclusion of the contract). Payments can only be made by bank transfer to the bank account of Gabriele Euchner Coaching + Consulting.
2. Legal liability for defects
The liability of defects of the subject matter of the contract shall be governed by the statutory provisions.
3. Right of withdrawal
1. Consumers are generally entitled to a right of revocation for contracts concluded outside business premises and for distance contracts (such as registration via the internet). For more information on the right of withdrawal and the consequences of withdrawal, please refer to our cancellation policy.
2. The right of withdrawal does not apply to consumers who are not citizens of a member state of the European Union at the time of conclusion of the contract and whose residence and delivery address are outside the European Union at the time of conclusion of the contract.
Cancellation policy for services
Right of withdrawal
Consumers have the right of withdrawal in case of contracts concluded outside business premises and in case of distance contracts.
If you have requested that the services begin during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify us of the exercise of the right of revocation regarding this contract, compared to the total scope of the services provided for in the contract.
Exclusion of the right of withdrawal
The right of withdrawal shall expire prematurely with the consent of the consumer if the performance of the contract has begun at the express request of the consumer before the consumer has exercised his right of withdrawal.
Sample withdrawal form
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*) : ________________________
- Ordered on (*)/received on (*): _____________________________
- Name of the consumer(s) : _____________________________
- Address of the consumer(s) : _____________________________
- Signature of consumer(s) (paper communication only) : _________________________
- Date: ______________________________
(*) Delete where inapplicable.
If you wish to revoke the contract, please fill out this form and return it to:
Gabriele Euchner Coaching + Consulting
Eisenacher Str. 16
80804 Munich
Germany
Phone: +49 176 43891148,
Email: ge@gabrieleeuchner.com
