General Terms and Conditions

 

1. General

JAvisio – Johannes ANDEXLINGER and JAvisio – Anja MEINEN (hereinafter also referred to as “JAvisio”), carry out coaching, training, mediation and consultation in accordance with these General Terms and Conditions (GTC).
With the verbal or written order (also in the form of a date confirmation) these conditions are considered as accepted by the customer (in the following also “customer”).
Opposing or from these conditions deviating conditions of the customer recognizes JAvisio only by written individual contract conclusion or with written conclusion of a basic agreement after previous negotiation with the customer.
Further agreements are binding for JAvisio only if these are confirmed in writing by Johannes Andexlinger and/or Anja Meinen.

 

2. Offers, Fees, Terms of Payment

The offers are prepared individually for the customer and are subject to change. We reserve the right to make changes.
For JAvisio services, the fees published on the website www.javisio.com and/or agreed in the offer or contract are charged. Incidental costs, such as telephone charges, travel and accommodation/meal costs, required materials, etc. shall be invoiced separately to the customer or client in accordance with the applicable fees or according to expenditure. Deviations are recognized by JAvisio only with written agreement.
The terms of payment can vary individually according to offer and event. If nothing is explicitly agreed in the offer or contract, a payment period of 14 days after receipt of the invoice from JAvisio without any deduction. Special arrangements are to be agreed in writing with JAvisio. The payment is to be transferred to the account specified in the invoice.
As long as there is no written cost commitment from elsewhere, the client is considered to be the debtor of the fee.

 

3. Events organized by JAvisio
(training, coaching, mediation, consulting)

Training
Registrations will be considered according to the time of their receipt. An oral or written registration becomes binding for both parties after confirmation by JAvisio. The invoice is made before the beginning of the event and is due according to the terms of payment. In the event of non-payment by the specified deadline, JAvisio may additionally withdraw from the provision of services for the respective participant and allow a replacement participant.

The learning and working materials are generally provided by JAvisio and are included in the event fees.
Work equipment to be brought along separately by the participant will be announced in advance and is not included in the event fees.

All other costs to be borne by the participant (such as travel, hotel, catering costs, etc.) are to be organised and borne by the participant himself.
If a participant cancels shortly before the start of an event, JAvisio is usually no longer able to allocate the place elsewhere. The cancellation must be in writing and is only possible free of charge up to 57 days before the start of the event at the latest.

After that the following conditions apply:
56 to 29 days before the start of the event: 50% of all fees incurred by JAvisio
28 to 15 days prior to the start of the event: 75% of all fees payable to JAvisio
14 to 1 day(s) before the start of the event: 100% of all fees payable to JAvisio

Decisive for the deadline is the date of receipt of the customer’s written cancellation.
Postponements of dates on the part of the customer (in the case of training courses that take place on different dates) are considered as cancellations.
If JAvisio does not receive a written notice of cancellation or if the participant does not appear at the event, all costs will be charged.
The cancellation fees do not apply if the participant to the necessary prior knowledge of a suitable / suitable replacement participant is provided, the final decision on the fit is JAvisio. The cancellation fees shall also be waived if JAvisio can allocate the event place elsewhere.

Coaching, consulting and mediation
Time and place shall be agreed between JAvisio and the customer or client by mutual consent. The customer undertakes to appear punctually at all meetings.
A free cancellation or postponement of the meetings is possible at the latest 10 working days before the date. 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, the client will be charged 100% of all costs. Costs already disbursed by JAvisio (such as travel expenses, etc.) will be invoiced in full.

4. In-house and closed events
(coaching, training, consulting, mediation)

In-house and closed events are designed and carried out individually for the customer after clarification of the order with the client.

Training, Consulting, Mediation
After verbal or written placing of order (see point 1. General), the customer bears a cost share of 50% of all fees incurred by JAvisio in the event of cancellation of the agreed event. This applies until 29 days before the start of the event.
After that the following conditions apply:
28 to 15 days before the start of the seminar: 75% of all fees incurred for the order
14 to 1 day(s) before the start of the seminar: 100% of all fees due for the order
Decisive for the deadline is the date of receipt of the customer’s written cancellation.
The above cancellation conditions apply to postponements of dates by the customer.
If JAvisio does not receive a written cancellation from the customer or the participants do not appear at the event, all costs incurred will be charged.
These fees shall not apply if replacement participants who are suitable for the objectives of the company internal events are provided, or the service provided by JAvisio, otherwise used.
All other costs to be borne by the participants of the event (such as travel, hotel, catering costs, etc.) are to be clarified and borne by the customer himself.

Coaching
Time and place of the coaching will be agreed by JAvisio with the customer by mutual consent.

A free cancellation or postponement of the coaching sessions is possible up to 10 working days before the date at the latest. After that, a fee of 75% of the commissioned service will be invoiced. In case of no-show the full fee is due as a cancellation fee. If a confirmed appointment is only partially attended by the client, 100% of all costs will be charged to the client. Costs already disbursed by JAvisio (such as travel, hotel, catering costs, etc.) will be invoiced in full.

 

5. Force Majeure and other Obstacles to Performance

Training, consultations, mediation:
Can a date for the provision of services 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 event concerned.
In the event of cancellation by JAvisio, the customer shall be reimbursed the payments already made to JAvisio for the event concerned. Further claims, such as damages, do not exist for the customer.

Coaching:
JAvisio is entitled to postpone the agreed coaching appointments in the event of force majeure, this includes obstacles to performance which have arisen due to illness, accident or similar. In this case JAvisio will inform the customer as quickly as possible and agree a replacement date.
If the customer is not available and also in any other case, travel expenses already paid by the customer or other costs incurred by the customer are borne by the customer.

 

6. Copyright

Unless otherwise agreed, all documents handed over to the client are included in the agreed remuneration. The documents are intended exclusively for the personal use of the client.
The copyright to all concepts and documents belongs solely to JAvisio. The customer is not permitted to reproduce the documents without written consent of JAvisio in whole or in part and / or to make them available to third parties. A publication, also in extracts, is prohibited.

 

7. Insurance Cover

Each client bears full responsibility for himself and his actions within and outside the JAvisio events and is responsible for any damage caused. This also applies to events that are carried out jointly with other providers (third parties). The coaching is not psychotherapy and cannot replace it. The participation requires a normal mental and physical resilience of the customer.
The responsibility for company internal events is always with the customer.
Events organised under the responsibility of JAvisio do not include insurance cover for the participants.

 

7. Liability

Information and advice by JAvisio 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 electronic transmission of any data is at the risk of the customer.

 

8. Confidentiality

JAvisio undertakes to maintain secrecy about all, in the context of the activity of the known operational, business and private affairs of the customer 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. Personal Responsibility of the Client

The service is provided on the basis of preparatory discussions held between JAvisio and the customer. It is based on cooperation and mutual trust. JAvisio points out in this connection that services are provided in the context of a free, active and self-responsible process and success is not guaranteed. JAvisio stands by the customer as a process companion for decisions and changes. The change work is done by the customer himself. The customer 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 relationship that is characterized by a partnership. The role of the coach is clearly separated from therapists and doctors. 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 customer, including these General Terms and Conditions of Business, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. 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

Place of performance is for JAvisio – Anja Meinen and JAvisio – Johannes Andexlinger in each case valid area of jurisdiction:
JAvisio – Johannes Andexlinger: Court of jurisdiction Salzburg, Austria.
JAvisio – Anja Meinen: Place of jurisdiction Ingolstadt, Germany.
The national rights of the respective states for the Federal Republic of Germany and the Republic of Austria apply.

Salzburg, 01.07.2020
Altmannstein, 01.07.2020