General Terms and Conditions for Coaching & Consulting
Status: February 2024
Scope of application
1.1 The following General Terms and Conditions apply to all legal transactions between me, Anna Momber-Heers, and my coaching participants, my clients and my retreat participants as they exist at the time of the conclusion of a written or verbal agreement to work together.
1.2 These terms and conditions are deemed to have been agreed with the commissioning of any kind if the coaching participants, clients and retreat participants do not object to them immediately. Deviating provisions of the coaching participants, clients or retreat participants are not recognized unless they are expressly agreed to by me.
Range of services / Conclusion of contract
2.1 Anna Momber-Heers offers consulting, workshops and coaching in the areas of communication, public speaking and leadership in the form of group and individual consultations as well as online courses. The exact description and listing of the scope of services is provided on the website and other media used.
2.2 Offers on the website or in any other form (verbal or written) merely constitute an invitation to submit an offer. Participants or clients can submit an offer by telephone, e-mail or online.
2.3 A binding contract is only concluded when Anna Momber-Heers confirms acceptance of the inquiry. Alternatively, a contract is concluded via the delivery of an invoice.
2.4 There is no general entitlement to participate in the range of services.
2.5 If a booking/order is made via an online ordering system, its General Terms and Conditions shall apply in addition.
Prices and payment
3.1. In addition to all prices stated on the offer pages, the applicable statutory VAT (currently 19% in Germany) will be charged.
3.2 All payments are due at the latest 14 days after receipt of the invoice without any deductions. If the due date for payment is determined by the calendar, the invoice recipients are already in default by missing the deadline.
3.3 The coaching participant shall only have a right of set-off if his counterclaims have been legally established or recognized by me. The coaching participant may only exercise a right of retention if the claims result from the same contractual relationship.
3.5 Payment in installments is possible – if expressly offered and agreed by me. Installment payments merely mean a deferral of payment of a partial amount of the full amount owed. The offer to pay in installments does not imply that services can be booked in installments. This is not the case. Partial termination/cancellation of an entire offer is therefore not possible.
Agreed appointments and cancellations
4.1 Agreed coaching appointments can be postponed up to 24 hours before the agreed appointment by agreeing an alternative appointment. This must be submitted in writing (e-mail is sufficient). The replacement appointment must be kept within 21 days of the original appointment, unless this is not possible for particularly serious reasons (e.g. persistent illness or similar). If a participant does not show up for the agreed appointment without prior cancellation (at least 24 hours before the agreed appointment), the agreed session will be forfeited without entitlement to compensation. I reserve the right to decide otherwise in individual cases.
4.2 I reserve the right to cancel or postpone appointments without giving reasons. There is no entitlement to benefits. I will inform you of this in good time and will refund any payments already made in full unless an alternative date is agreed. No further compensation can be claimed.
Liability
5.1 The following limitations and/or exclusions of liability apply to the liability of Anna Momber-Heers for the provision of any of the services described above, notwithstanding the statutory requirements for claims:
5.2. Anna Momber-Heers shall be liable without limitation insofar as the cause of the damage is based on gross negligence or intent.
5.3 Anna Momber-Heers shall only be liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
5.4 The claim for damages for the slightly negligent breach of material contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless liability is based on injury to life, limb or health. Anna Momber-Heers shall be liable to the same extent for the fault of vicarious agents and representatives.
5.5 By purchasing/booking products, taking advantage of advice and/or participating in workshops, participants confirm that they are doing so on their own responsibility.
5.6 Anna Momber-Heers makes no promise of success for the products, coaching, advice, retreats and workshops purchased unless this is exclusively agreed. Anna Momber-Heers cannot guarantee the achievement of the defined goals or the desired success. Participants are responsible for the degree of success achieved at all times. In particular, Anna Momber-Heers can therefore give no assurance and/or guarantee that the desired success or other expectations of the participants will be achieved by the strategies or actions recommended by Anna Momber-Heers.
5.7 Participants are responsible for their own change at all times and are prepared to work on themselves as far as possible to achieve the desired change. Participants therefore also acknowledge that they are fully responsible for their own physical and mental health during counseling and support as well as in the time between appointments.
5.8 It is expressly pointed out that the advice provided by Anna Momber-Heers in any form does not replace advice from trained professionals such as doctors, psychologists, therapists, tax consultants, lawyers, auditors or management consultants. Coaching, counseling and training is not therapy and does not replace it. Coaching, consulting and training are based on a consultant-client relationship that is characterized by partnership and clearly distinguishes the role of the consultant from that of therapists, psychologists and doctors.
5.9 Anna Momber-Heers accepts no liability for third-party software.
5.10 Anna Momber-Heers assumes no liability for products and services of external cooperation partners who participate in events or other services.
Confidentiality
6 Anna Momber-Heers undertakes to maintain absolute confidentiality about all personal and professional business secrets of her participants for the duration of the consultation and also after it has ended, and not to pass on information to third parties.
Data protection
7.1 Anna Momber-Heers processes personal data of the coaching participant for a specific purpose and in accordance with the statutory provisions.
7.2 The personal data provided for the purpose of concluding the contract (such as name, e-mail address, address, payment data) will be used by Anna Momber-Heers to fulfill and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved or necessary in the booking, ordering, delivery and payment process.
7.3 Participants have the right, upon request and free of charge, to receive information about the personal data that Anna Momber-Heers has stored about them. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain it.
7.4 Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the privacy policy.
Cancellation policy
8.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform Anna Momber-Heers of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
8.2 If you withdraw from this contract, we shall reimburse to you all payments received from you without delivery of the goods or services 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 this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
Miscellaneous
9.1 The place of jurisdiction and place of performance is Hamburg.
9.2 The contractual language is German.
9.3 Should individual provisions of the consultancy agreement or the General Terms and Conditions be or become invalid or void, this shall not affect the validity of the consultancy agreement as a whole. Instead, the invalid or void provision shall be replaced by a provision that comes closest to the purpose of the contract or the parties’ intentions.
If you have any questions about the GTC, please contact info@anna-momber.de