General Terms and Conditions
For holistic performance training, coaching and psychological consulting (hereinafter referred to as “coaching” for all activities) by Dipl.-Ing. Christiane Reiseder.
1. General provisions and scope
1.1 The following General Terms and Conditions shall apply to all legal transactions between the client (hereinafter referred to as “Client”) and Dipl.-Ing. Christiane Reiseder (hereinafter referred to as “Contractor”) in the version valid at the time of conclusion of the contract.
1.2 These General Terms and Conditions shall also apply to future business relations, even if not expressly referred to.
1.3 Subsidiary agreements, reservations, amendments or supplements to these General Terms and Conditions of Business must be made in writing in order to be valid. This shall also apply to any deviation from the written form requirement.
1.4 Any terms and conditions of the Client which conflict with or deviate from these General Terms and Conditions shall only become effective, even if they are known, if they are expressly acknowledged by the Contractor in writing.
1.5 These General Terms and Conditions of Business shall be deemed to have been agreed upon with the commissioning of any kind if the Client does not object to them immediately or at the latest by the beginning of the provision of services on the part of the Contractor.
1.6 Should individual provisions of these General Terms and Conditions 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 closest to its meaning and purpose.
2. Conclusion of contract, performance
2.1 The Contractor offers performance training, coaching and psychological consulting in the areas of appearance and presentation, marketing and sales, company organization, as well as food and biotechnology.
2.2 The basis for the conclusion of the contract is the respective offer of the Contractor or the order of the Client, in which the scope of services and the remuneration are specified.
2.3 Offers on the part of the Contractor on the website, on other media used or in any other form (verbally or in writing) shall only constitute an invitation to submit an offer and are subject to change. The submission of this offer by the Client can be made by telephone, by e-mail or online through the order system provided. Changes or additions to the offer by the Client are only effective if the Contractor accepts them in writing. Changes to the content and/or organization of the services by the Contractor are permissible, provided that the core of the agreed service is not significantly changed and this is necessary for the achievement of the agreed objectives.
2.4 If the Client places an order, it shall be bound to this order for two weeks from its receipt by the Contractor. The contract shall only be concluded upon acceptance of the order by the Contractor. The acceptance must be in writing (e.g. in the form of an order confirmation), unless the Contractor indicates its acceptance by direct action on the basis of the order. Alternatively, a contract is concluded via ordering systems made available online when an automatically generated confirmation e-mail is sent to the Client confirming the conclusion of the contract. All registrations for services are considered in the order of their arrival and according to free places.
2.5 If an order/booking is made via an online ordering system, its General Terms and Conditions shall apply in addition. The Client acknowledges that the Contractor has no influence on these.
2.6 There is no general entitlement to participate in the range of services. The Contractor shall be entitled to reject a registration, a conclusion of a contract or a consulting contract without giving reasons.
2.7 The Contractor shall be free from instructions in the provision of the agreed services and shall act at its own discretion and responsibility. Within the framework of a consulting contract for life and social counseling, she shall work in accordance with the intended catalog of activities and in accordance with the specified rules of professional conduct and practice of this professional group. She is not bound to any particular place of work or working hours.
2.8 Purchased packages must be consumed by the Client within twelve months from the date of purchase, otherwise they expire. After twelve months without consumption of the service, the purchase loses its validity.
2.9 Any additional services, such as course materials, are only included in the respective service fee if this is stated separately for the respective service.
2.10. The scope of the services to be provided results from the order of the client or the service description or the information in the contract. Subsequent changes to the content of the service must be made in writing.
2.11. It is expressly stated that the psychological counseling and coaching of the Contractor is not psychotherapy and cannot replace it. The use of the service requires a normal psychological and physical resilience of the Client.
3. Substitution, external services, commissioning of third parties
3.1 The Contractor shall be entitled at its own discretion to perform the service itself or to have the order performed in whole or in part by employees or third parties selected by her (e.g. cooperation partners, errand assistants). Payment of the third parties shall be made exclusively by the Contractor. No direct contractual relationship whatsoever shall arise between the third party and the Client.
3.2 The Contractor shall carefully select its employees or third parties and ensure that they have the necessary professional and practical qualifications.
3.3 The Client undertakes not to enter into any business relationship whatsoever with persons or companies used by the Contractor for the performance of its contractual obligations during and beyond three years after termination of the contractual relationship. In particular, the Client shall not commission these persons and companies with such or similar services that the Contractor itself also offers.
4. Dates and cancellation
4.1 Appointments are binding. An appointment shall be made by written announcement via e-mail or SMS.
4.2 Unavoidable or unforeseeable events (e.g. illness, force majeure, etc.) shall entitle the Contractor, to the exclusion of any claims for damages, to name a replacement date for an existing date for the provision of services. The same shall apply if the Client is in default with its obligations necessary for the performance of the order (e.g. provision of documents or information). In this case, the agreed date shall be postponed at least to the extent of the delay.
4.3 In the event of cancellation of the event, the Client shall be refunded the full participation fee. Claims beyond this, such as the reimbursement of costs in connection with loss of earnings, loss of profit or claims of third parties, loss of data, travel expenses, consequential and financial damages of any kind, do not exist.
4.4 A coaching can be cancelled at the latest 48 hours (working days, except Saturday and Sunday) before the agreed date. In case of cancellation after this time or in case of no cancellation at all, the Client will be charged 100% of the costs, even if an alternative date can be found. Said cancellation must be made in writing by e-mail or SMS.
4.5 If the Client cancels participation in blocked events (trainings, workshops, seminars, etc.), this can be done free of charge within 21 days before the start of the event. In this case, written notification to the Contractor is required. In the event of a cancellation received by the Contractor less than 21 days prior to the scheduled event, 50% of the respective event fee will be due. Cancellations received 48 hours or more prior to the start of the event, as well as no-shows, will be charged 100% of the agreed upon amount.
The work performed by the Contractor up to this time will also be invoiced at the Contractor’s hourly rate currently valid at this time.
4.6 Should a Client not be able to participate in a booked event at short notice, she is entitled to appoint a substitute. The appointment of a substitute must be made in writing to the Contractor. The validity of this appointment is only after written confirmation of the Contractor.
5. Fee and payment
5.1 Unless otherwise agreed, the Contractor’s agreed fee for each individual service shall be due in advance. Any cash outlays, messenger services, expenses, travel costs, etc. incurred shall be reimbursed additionally by the Client. All services not expressly covered by the agreed fee shall be charged and remunerated separately.
5.2 The prices stated for the respective events and services shall apply, unless expressly agreed otherwise in writing. These prices shall be understood as gross prices including the statutory value-added tax or value-added tax. Any discounts or special fees shall be stated separately.
5.3 In the event of default in payment, the statutory default interest shall apply at the rate applicable to corporate transactions, as well as flat-rate reminder charges for each reminder, which shall be reimbursed by the Client.
5.4 In the event of default in payment on the part of the Client, the Contractor shall be entitled to demand immediate payment for all services rendered and partial services agreed upon within the framework of other contracts concluded with the Contractor.
5.5 The Client shall only have a right of set-off if its counterclaims have been legally established or recognized by the Contractor. A right of retention on the part of the Client is excluded.
5.6 If bookings are made via an external online system, the terms of payment of the respective provider shall apply.
5.7 The Contractor shall be entitled to transmit invoices in electronic form. The Client expressly agrees to the delivery of invoices in electronic form by the Contractor.
5.8 If the Client is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), she shall be entitled to a statutory right of withdrawal within 14 days of booking a service in distance selling. This right of withdrawal shall not apply if the services already begin within this period.
6. Warranty and compensation
6.1 Since the success of coaching depends to a large extent on the commitment of the Client, the Contractor shall not assume any warranty for the success intended by the provision of the services.
6.2 In the event of a justified notice of defects, the defects shall be remedied within a reasonable period of time, whereby the Client shall enable the Contractor to take all measures necessary for the investigation and remedying of defects. The Contractor shall be entitled to refuse to improve the service if this is impossible or involves a disproportionately high effort for the Contractor.
6.3 The reversal of the burden of proof according to § 924 ABGB at the expense of the Contractor is excluded. The existence of the defect at the time of handover, the time of discovery of the defect and the timeliness of the notice of defect shall be proven by the Client.
6.4 The Contractor shall be liable to the Client for damages – with the exception of personal injuries – only in the event of gross negligence (intent or gross negligence). This shall also apply mutatis mutandis to damage caused by third parties engaged by the Contractor.
6.5 Any claim for damages must be asserted within six months after knowledge of the damage.
6.6 If the Contractor provides the service with the assistance of third parties and if warranty and/or liability claims arise against these third parties in this connection, the Contractor shall assign these claims to the Client. In this case the Client shall have priority over these third parties.
6.7 If any damage is due to the fact that the Client has not fulfilled its obligation to cooperate fully, in good time or at all, the Contractor’s liability shall be excluded.
6.8 The use of psychological counseling and/or coaching by the client is always at the client’s own responsibility and risk. It is a pure service activity. A success is therefore not owed. A liability is excluded. The client makes all decisions and determines her behavior in full responsibility, both inside and outside the psychological counseling and / or coaching units. The Client will not hold the contractor responsible for the consequences of the Client’s own behavior or decisions.
6.9 Claims for damages are limited to the amount of the order value excluding taxes.
7. Copyrights, rights of use
7.1 The copyrights to the works and documents created by the Contractor and commissioned third parties shall remain with the Contractor.
7.2 The Client shall not be entitled to reproduce, publish, translate or pass on to third parties, in whole or in part, the documents and information received within the scope of the agreed services without the express written consent of the Contractor.
7.3 The Client’s violation of these provisions shall entitle the Contractor to immediately rescind the contract and to assert other legal claims, in particular for injunctive relief and/or damages.
7.4 The Contractor shall be entitled to include the company name and logo of the Client in reference lists and to publish these on the Internet and in print media for factual information.
8. Sound, image and video recordings
8.1 Sound, image and video recordings at and during events by the Client or third parties commissioned by the Client shall only be permitted with the prior written consent of the Contractor and only for private use. Any use beyond this must be released by the Contractor.
8.2 The Contractor reserves the right to make its own picture and sound recordings at and during events. Any publication of these recordings shall be subject to the consent and approval of the persons present. The recordings may be used for marketing, advertising or other purposes in all formats and any online or print media after approval.
9.1 The Contractor undertakes to maintain absolute secrecy about all business and trade secrets of the Client for the duration of the Coaching and also after its termination, not to disclose information to third parties and, upon request, to have its employees, freelancers or third parties involved sign corresponding declarations of obligation.
9.2 The Contractor shall not be liable for any breach of confidentiality on the part of deputies or third parties called in.
9.3 The Contractor shall treat the data of its Clients confidentially. Information on the contents of the coaching shall only be provided with the express written consent of the Client (release from the obligation to maintain confidentiality).
9.4 The exception to this is an obligation to pass on data due to legal regulations or an official or court order.
10. Data protection
10.1 The Contractor shall be entitled to store and process the personal data entrusted to it within the scope of the purpose of the contractual relationship and for Client care. The data shall be used to comply with statutory provisions and to process payment transactions.
10.2 Personal data will not be disclosed to third parties, unless this is necessary for the execution of the contract, booking, ordering, delivery and payment transactions.
10.3 The Client may revoke her consent to the Contractor sending her information at any time.
10.4 The Client shall have the right to request information free of charge about the personal data stored about her by the Contractor. In addition, she has the right to correct incorrect data, blocking, deletion of his personal data, provided that there is no legal obligation to keep records.
11. Mediation Clause
11.1 In case of disputes arising from this contract which cannot be settled by mutual agreement, the contracting parties mutually agree to involve registered mediators (ZivMediatG) from the list of the Ministry of Justice for the out-of-court settlement of the conflict.
11.2 In the event of a mediation that has not come about or has been terminated, Austrian law shall apply in any court proceedings that may be instituted. All necessary expenses incurred due to a previous mediation, in particular also those for a consulted legal advisor, can be claimed as “pre-trial costs” in court or arbitration proceedings as agreed.
12. Final provisions
12.1 The legal relationship between the Client and the Contractor shall be governed exclusively by Austrian law, to the exclusion of the international conflict of laws rules. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
12.2 The place of jurisdiction for all disputes arising directly between the Contractor and the Client shall be the Austrian court with local and subject-matter jurisdiction for the Contractor’s registered office.
Vienna, April 2021