1. General, Scope of Application
Johannes ANDEXLINGER, Anja MEINEN (hereinafter also referred to as “JAvisio” ), provides coaching and consulting services in accordance with these General Terms and Conditions (GTC). With the assignment, these terms and conditions shall be deemed to be accepted by the customer (hereinafter also referred to as “Client”). Opposing or from these conditions deviating conditions of the client does not recognize JAvisio. Even if JAvisio in knowledge of conflicting or deviating conditions contracts without reservation, the General Terms and Conditions of JAvisio apply exclusively.
Further agreements are obligatory for JAvisio only if these are confirmed by Johannes Andexlinger and/or Anja Meinen in writing.
2. Offers, Fees, Terms of Payment
The offers are subject to change without notice. Subject to change without notice.
For JAvisio services, the fees published on the website and/or agreed in the contract are charged. Incidental costs, such as telephone charges, travel and accommodation costs etc. shall be invoiced to the client or customer according to the applicable fees or separately according to expenditure. Deviations are recognized by JAvisio only with written agreement.
As long as no written cost promise is available from another place, the client is considered as a debtor of the fee.
The consideration of the registrations takes place after their temporal entrance. A registration becomes binding for both sides after confirmation by JAvisio. The invoice amount is due 1 week after receipt of the invoice.
All other costs to be borne by the participant (hotel, catering, etc.) are to be clarified and taken over by the respective participant with the corresponding provider.
3. Cancellation of an Appointment
Agreed deadlines are generally binding.
JAvisio strives with customers a partnership relationship. If a participant cancels shortly before the start of an event, JAvisio is usually no longer able to allocate the place elsewhere. For this reason JAvisio shares the financial risk in a fair way. The cancellation must be in writing.
Coaching / Mediation (according to customer-specific offer, contracts for work):
Time and place of the coaching will be agreed by the coaching partners by mutual consent. The client undertakes to attend all sessions punctually.
A free cancellation or postponement of the coaching sessions is possible up to 10 working days before the date at the latest. After that, 75% of the fee will be invoiced. In case of non-appearance the full fee is due as a cancellation fee. If a confirmed appointment is only partially attended by the client, all costs will be charged to the client.
Seminars / Workshops:
After a binding registration, the client bears a cost share of 50% of all fees incurred by JAvisio in the event of cancellation.
All other costs to be borne by the participant (hotel, catering, etc.) are to be clarified by the respective participant with the appropriate provider. This applies until 29 days before the seminar begins. After that the following conditions apply:
28 to 15 days before the start of the seminar: 75% of all fees incurred by JAvisio
14 to 1 day(s) before the start of the seminar: 100% of all fees due to JAvisio
If JAvisio does not receive a written notice of withdrawal or if the participant does not appear at the event, all costs will be charged. These fees do not apply if a replacement participant is provided or JAvisio can occupy the place / date otherwise or assign.
4. Force Majeure and other Obstacles to Performance
JAvisio is entitled to postpone the agreed coaching dates in the event of force majeure, this includes performance obstacles which have arisen due to illness, accident or similar. In this case the coach will inform the client as soon as possible and offer an alternative date. If the client could not be reached under the left phone number and in any other case, there is no claim to the assumption of the travel or other costs.
If a date for the provision of the service by JAvisio due to force majeure, illness, accident, not reached minimum number of participants or other circumstances for which JAvisio is not responsible, JAvisio is entitled to cancel the seminar.
In the event of a cancellation by JAvisio, the participant receives the payments already made to JAvisio immediately back. Further claims, such as damages, do not exist for the participant.
All documents handed over to the client are included in the agreed remuneration, unless otherwise agreed. The documents are intended for the personal use of the client.
The copyright to the coaching concepts and documents (e.g. seminars, training) belongs solely to JAvisio. The customer is not allowed to reproduce the documents without written approval of JAvisio completely or in extracts and/or to make accessible to third parties. A publication, also in extracts, is prohibited.
6. Insurance Cover
Each client bears full responsibility for himself and his actions within and outside of the JAvisio events and is responsible for any damages caused. This also applies to events which are held jointly with other providers (third parties). The coaching is not psychotherapy and cannot replace it. Participation requires normal mental and physical resilience.
Organizer of in-house team coaching, seminars, workshops etc. is always the client. The participants of open and company-internal JAvisio events have no insurance coverage through JAvisio.
Information and advice in JAvisio event and in all documentation are carefully considered and checked by JAvisio. The activity of JAvisio is a pure service activity. A success is therefore not owed. A liability is excluded. The dispatch or the electronic transmission of any data is at the risk of the client.
JAvisio undertakes to maintain secrecy about all operational, business and private matters of the customer that have become known in the context of the activity, even after the termination of the contract to third parties. In addition, JAvisio undertakes to keep the documents provided for the purpose of the consultant activity carefully and to protect against inspection by third parties.
9. Client’s Duty to Cooperate
Coaching takes place on the basis of the preparatory discussions held between the parties. It is based on cooperation and mutual trust. JAvisio points out in this context that coaching is a free, active and self-responsible process and success is not guaranteed. JAvisio stands by the client as a process companion for decisions and changes – the change work is done by the client himself. The client should therefore be ready and open to deal with himself and his situation.
10. Demarcation to Psychotherapy
Coaching is not a therapy and does not replace it.
Coaching is based on a coach-client relationship, which is characterized by a cooperative partnership and clearly distinguishes the role of the coach from that of therapist and physician. Coaching is solution-oriented and focused on the present, future and activity.
Psychotherapy is the targeted treatment of a mental illness. Coaching serves the “healthy” person, who is capable of acting and self-reflection. The result of a coaching session is not the alleviation of psychological complaints, but the individual development of the client, which should be accompanied by an increase in his or her general quality of life.
11. Final Provision
Should individual provisions of the contract with the client, including these General Terms and Conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
12. Place of Performance and Jurisdiction
Erfüllungsort ist der für JAvisio – Anja Meinen und JAvisio – Johannes Andexlinger jeweils gültige Gerichtsstand in Deutschland bzw. Österreich.
Österreich: Gerichtsstand Salzburg
Deutschland: Gerichtsstand Ingolstadt
Es gelten die nationalen Rechte der jeweiligen Staaten für die Bundesrepublik Deutschland und Österreich.
Salzburg, am 22.05.2010
Altmannstein, am 22.05.2010