General Terms and Conditions of sinnvollFÜHREN GmbH
sinnvollFÜHREN GmbH
Mittelgasse 4 / 2+3
1060 Vienna
Email: office@sinnvoll-fuehren.com
General Terms and Conditions for Coaching, Training and Events
§ 1 General principles / Scope of application
- These General Terms and Conditions apply exclusively to all legal transactions between the client and sinnvollFÜHREN GmbH (hereinafter referred to as ‘sinnvollFÜHREN’). The version valid at the time of the conclusion of the contract is decisive.
- Changes to these terms and conditions will be communicated to the client in writing. They shall be deemed approved if the client does not raise an objection in writing. The client must send the objection to sinnvollFÜHREN within 14 days of notification of the changes.
- These General Terms and Conditions also apply to all future contractual relationships, even if no express reference is made to them in additional contracts.
- Conflicting general terms and conditions of the client are invalid unless they are expressly recognised in writing by sinnvollFÜHREN.
- In the event that individual provisions of these General Terms and Conditions should be and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision.
§ 2 Subject matter of the contract / Service
- sinnvollFÜHREN offers various services:
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- Open trainings, workshops, seminars, courses, conferences and lectures (hereinafter referred to as ‘open events’)
These services are published in advance on the sinnvollFÜHREN website and are accessible to the general public. These services are carried out at the location announced on the website and under the general conditions described (e.g. minimum number of participants). In the case of open events, the participants are also regarded as clients. - Training, workshops, seminars, training courses, lectures, group, team and individual coaching, counselling and change support on behalf of a company (hereinafter referred to as ‘closed events’)
These services are carried out for a pre-agreed group of people (e.g. companies, groups of people), called participants, and can take place either on the premises of the client, in rented premises, on the premises of sinnvollFÜHREN or online under the agreed framework conditions (e.g. minimum and maximum number of participants). - Individual coaching
These services are carried out for pre-agreed individuals and can take place either on the client’s premises, in rented premises, on the premises of sinnvollFÜHREN or online.
- Open trainings, workshops, seminars, courses, conferences and lectures (hereinafter referred to as ‘open events’)
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- The scope of a specific assignment is contractually agreed on a case-by-case basis. Unless otherwise stated, the service will be provided in German.
For open events, an exact description and listing of the services offered by sinnvollFÜHREN will be published on its website.
§ 3 Registration / Conclusion of the contract
- Registrations for open events are made exclusively via the booking form on the official event website of sinnvollFÜHREN. Registrations will be considered in the order in which they are received. Registrations are confirmed in writing or by e-mail and are therefore binding.
- In the case of closed events, a contract with sinnvollFÜHREN is concluded by the transmission and confirmation of an offer by post, by electronic mail, or by verbal agreement and subsequent submission of a written order.
- In the case of individual coaching, the contract is concluded by making an appointment by telephone, by post, by electronic mail (also by SMS or WhatsApp), by online contact form or by verbal agreement and its written confirmation by sinnvollFÜHREN.
- Number of participants: The confirmation by sinnvollFÜHREN is always subject to the proviso that the minimum number of participants is reached. The number of participants is limited for didactic and spatial reasons to ensure learning success. If the minimum number of participants advertised for the respective service is not reached, sinnvollFÜHREN is entitled to cancel up to 14 days before the start of the event. The client is not entitled to claim that the minimum number of participants has been reached.
§ 4 Cancellation conditions
- Clients may cancel services free of charge up to 30 calendar days before the start of the service. This does not apply to expenses and services already rendered, which will be charged.
- For cancellations between the 30th and the 7th calendar day before the start of the service, a cancellation fee of 50% will be charged, plus expenses and services already provided.
- For cancellations from the 7th calendar day before the start of the event and thereafter, a cancellation fee of 100% will be charged, plus expenses and services already provided.
- The cancellation fee is waived if the client nominates a suitable number of replacement persons from the target group who take advantage of the service and pay the agreed fee. However, the original client remains liable for the costs.
- Cancellations for individual coaching sessions are accepted in writing (email and text message). A cancellation fee of 50% applies for cancellations made 48 hours or more before the agreed appointment and 100% for no-shows unless a replacement person takes over the appointment.
§ 5 Changes/postponements/cancellations by sinnvollFÜHREN
- Service contents
sinnvollFÜHREN is authorised to modify the service content to a reasonable extent, in particular, to serve the needs of the service recipients. - Change of the service provider(s)
sinnvollFÜHREN is authorised to have the services incumbent upon it provided in whole or in part by third parties. The payment of third parties is carried out exclusively by sinnvollFÜHREN itself. There is no direct contractual relationship of any kind between the third party and the client. sinnvollFÜHREN reserves the right to replace the service providers of a service in exceptional cases (e.g. illness) with qualified substitutes to guarantee the performance of the service. - Date and location postponements and cancellations
Due to long-term planning, organizational changes to dates and/or locations are possible. sinnvollFÜHREN therefore reserves the right to change dates, starting times, and service locations and to cancel services if necessary. The client will be informed in good time and a suitable manner (by email) and in the event of cancellation of a service due to illness of the service provider, force majeure or other unforeseen events, there is no entitlement to the performance of the service. If a service has to be cancelled, any contributions already paid will be refunded without deduction. Refunds will be made by bank transfer to an account specified in writing by the client. sinnFÜHREN offers registered clients the choice between participation in another service of equal value or a full refund in the event of a postponement or significant change of location or cancellation by sinnFÜHREN. In the event of postponements and cancellations, sinnvollFÜHREN cannot be held liable for compensation for travel and accommodation costs or loss of work, or for indirect damages, particularly loss of profit or claims by third parties. In such cases, sinnvollFÜHREN will of course endeavour – wherever possible – to accommodate the client with suitable organizational measures.-
- We accept no liability for printing or typographical errors in our publications and Internet pages.
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§ 6 Remuneration and terms of payment
- The prices stated on the seller’s website include the applicable statutory value-added tax. If the offers of the webshop are directed exclusively to other entrepreneurs, the prices are exclusive of the applicable statutory VAT.
- The prices, currency and fees for closed events result from the valid agreement, for open events from the valid price information on the website of sinnvollFÜHREN and for individual coaching sessions from the order confirmations.
- Normally, the invoice for the agreed amount is issued before the service is provided.
- sinnvollFÜHREN is authorized to send invoices to the client also in electronic form. Clients expressly agree to the sending of invoices in electronic form by sinnvollFÜHREN.
- The payment amount must be paid within the specified period after the invoice has been sent (also electronically). Discounts cannot be deducted.
- Agreed discounts can only be utilized if the amount shown on the invoice is received by sinnvollFÜHREN within the specified payment period, but no later than one calendar week after the end of the payment period.
- If the payment deadlines are exceeded, sinnvollFÜHREN is entitled to default interest in the amount of 2% above the reference interest rate of the European Central Bank by the Discount Rate Transition Act without further reminder. The right to claim further damages remains unaffected.
- If individual services are not utilized by the client, sinnvollFÜHREN reserves the right to charge the entire fee.
- Any other costs incurred, such as cash outlays, expenses, travelling and accommodation costs, are to be reimbursed by the client in addition to the invoice issued by sinnvollFÜHREN, unless otherwise contractually agreed.
§ 7 Conditions of participation
- The utilization of the respective service is at your own risk. Beneficiaries are only insured against accidents and recovery within the scope of their accident insurance.
- In the case of individual coaching sessions, the beneficiaries are required to make an appointment in person in order to encourage voluntary participation and, if necessary, to clarify the initial framework parameters together on the phone.
- We reserve the right to withdraw from the contract for good cause and to exclude beneficiaries from receiving services. The cost contribution already paid will be refunded on a pro-rata basis. Good cause includes, in particular, circumstances that make further participation unreasonable for other service recipients or sinnvollFÜHREN, as well as late payment.
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- The client is obliged to ensure that all service recipients sent by them are physically and mentally able to take part in the services offered. To clarify health-related matters, sinnvollFÜHREN is entitled and obliged to refer the beneficiaries concerned to a counselling centre trained for this purpose. If signs of health problems (including mental health problems) occur during the provision of services, sinnvollFÜHREN is authorized to exclude the beneficiaries concerned from the service to protect the health of the beneficiaries concerned and to protect others.
- The service recipients are obliged to cooperate within the framework of the statutory provisions in the event of service disruptions, to avoid or minimize any damage. In particular, the service recipients are obliged to inform the service providers of their complaints without delay. These are instructed by sinnvollFÜHREN to take remedial action, insofar as this is possible. If the service recipients culpably fail to report a defect, any claim to a reduction of the participation fee shall lapse.
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§ 8 Provision
- The clients shall ensure that the organizational framework conditions for the fulfilment of the order in their premises or premises rented by them permit conducive working conditions.
- The client shall ensure that sinnvollFÜHREN is provided with all information and documents necessary for the fulfilment and execution of the order promptly, even without a special request from the client, and that they are informed of all processes and circumstances that are important for the execution of the order. This also applies to all documents, processes and circumstances that only become known during the work.
- The client shall ensure that its employees and the employee representative body (works council) provided for by law and established, if applicable, are informed of the work of sinnvollFÜHREN GmbH before the commencement of the work.
§ 9 Property rights
- The copyrights to the works created by sinnvollFÜHREN and its employees and commissioned third parties (in particular offers, reports, concepts for services, documents, drawings, etc.) remain with sinnvollFÜHREN. They may be used by the client during and after termination of the contractual relationship exclusively for purposes covered by the contract. In this respect, clients are not authorized to reproduce and/or distribute the work(s) without the express consent of sinnvollFÜHREN. Under no circumstances does any unauthorized reproduction/distribution of the work give rise to any liability on the part of sinnvollFÜHREN – in particular for the accuracy of the work – towards third parties.
- In particular, the copyright provisions of the producers and copyright owners apply.
- Photos/film recordings may be made by sinnvollFÜHREN or authorized third parties during the provision of services, which also show the actions of the participants. The participants agree that these pictures/films may be taken and used to document the service. Should these images or recordings be used for commercial purposes by sinnvollFÜHREN, the prior written consent of the persons depicted or recorded will be obtained. The image and sound rights are held by sinnvollFÜHREN.
- In order to avoid copyright disputes, no video recordings, photographs or audio recordings of the learning material, the lecture or persons may be made by the client during the provision of a service without the express permission of sinnvollFÜHREN.
- The violation of these provisions by the client entitles sinnvollFÜHREN to immediately terminate the contractual relationship prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.
§ 10 Liability / Compensation
- sinnvollFÜHREN is only liable to the client for damages – except for personal injury – in the case of gross negligence (intent or gross negligence). This also applies analogously to damages caused by third parties commissioned by sinnvollFÜHREN.
- Claims for damages by the client can only be asserted in court within six months of becoming aware of the damage and the party causing the damage but at the latest within three years of the event giving rise to the claim.
- Clients must provide proof that the damage is due to the fault of sinnvollFÜHREN.
- If sinnvollFÜHREN provides the service with the assistance of third parties and warranty and/or liability claims against these third parties arise in this context, sinnvollFÜHREN assigns these claims to the client. In this case, the clients will give priority to these third parties.
- Clients acknowledge that sinnvollFÜHREN accepts no responsibility for accidents that occur on the client’s way to and from the place of service provision. The place of service provision is any place where sinnvollFÜHREN or authorized third parties carry out activities together with the client of a service, of whatever kind and wherever. In the case of event rooms in a building, the client’s journey begins and ends at the general entrance to the event rooms.
- No liability claims can be asserted against sinnvollFÜHREN from the application of the knowledge acquired at sinnvollFÜHREN.
§ 11 Confidentiality
- sinnvollFÜHREN undertakes to maintain absolute confidentiality about all business matters that come to its knowledge, in particular business and trade secrets as well as any information about the nature, scope of operations and practical activities of the client, as well as about content and incidents during the provision of services – also concerning the personal area. However, sinnvollFÜHREN cannot guarantee this for the other participants. Exceptions exist in the case of statutory obligations to provide information.
- sinnvollFÜHREN is released from the duty of confidentiality towards any third parties commissioned to provide services. sinnvollFÜHREN must, however, completely transfer the duty of confidentiality to them.
- For the purposes of training and further development, events during the provision of services are discussed in anonymized form within a super- and intervision of the sinnvollFÜHREN team.
§ 12 Data protection
- sinnvollFÜHREN is authorized to process personal data received within the scope of the purpose of the contractual relationship. Clients guarantee sinnvollFÜHREN that all necessary measures have been taken for this purpose, in particular those within the meaning of the Data Protection Act, such as declarations of consent from the data subjects.
§ 13 Force majeure clause
- In the event of force majeure, the seller cannot guarantee the proper functioning of the webshop.
- Force majeure includes all unforeseeable events which – insofar as they could have been foreseen – are beyond the control of the Vendor or the Participant. Such events also include Natural disasters such as floods, storm surges, hurricanes to the extent of other storms on the scale of a disaster, earthquakes, lightning, avalanches and landslides, fire, epidemics, pandemics, epidemics and infectious diseases (if declared by the WHO or a public-law organization and classified at a risk level of at least ‘moderate’), war or warlike conditions, civil unrest, military or unlawful seizure of power, official and government orders, strikes and lockouts, fire, ordnance disposal or similar.
- If such an event occurs, the functioning of the webshop may be restricted or cancelled due to external circumstances. Claims against the seller due to incorrect transmission of orders (submission of an offer) or payment transactions do not lead to claims for damages against the seller for the duration of the event. Buyers are obliged to inform the seller immediately but at the latest after 14 days, if an order remains unanswered and/or unprocessed, but the buyers wish to continue with the order. This information must be provided in writing by e-mail or letter, in any case in such a way as to ensure that the seller receives the information letter.
- After receiving the information about the incorrect or failed order, the seller will contact the supplier to either confirm or reject the order. However, due to unforeseeable events, he cannot guarantee that the ordered product(s) will arrive at the customer within the specified delivery time. If delivery is not possible within six months of the occurrence of the event, the seller must refund the purchase price including shipping costs to the buyer, unless both parties have agreed otherwise. There are no other claims for compensation or payment against the seller.
- The restrictions of paragraph 4 also apply in favour of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
- Both parties, seller and buyer, undertake to do everything in their power to reach an amicable agreement.
§ 14 Newsletter
- As the client, you agree to receive the sinnvollFÜHREN email newsletter to the email address(es) provided. If the client’s personal data has changed, or they no longer wish to receive the sinnvollFÜHREN newsletter, they can unsubscribe by clicking on the link in the newsletter or by sending an email to office@sinnvoll-fuehren.com.
§ 14 Reference
- The client agrees that their company may be named by sinnvollFÜHREN as a reference, e.g. on the website and in sales talks.
Status: 15 September 2024