General Terms and Conditions
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This English version is a translation provided for your convenience. Only the German version is legally binding.
§ 1 Scope and definitions
(1) These General Terms and Conditions (“Terms and Conditions”) apply to all contracts for consulting, coaching, facilitation and workshop services between Peter Hoenig, MY COACHING FOR YOU, Bürgermeister-Eilts-Str. 20, 26817 Rhauderfehn (hereinafter the “Consultant”), and his clients (hereinafter the “Client”).
(2) A consumer is any natural person who concludes a contract for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code (BGB)). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (Section 14 BGB). Provisions that apply only to consumers or only to entrepreneurs are expressly marked as such.
(3) These Terms and Conditions become part of the contract if, when the contract is concluded, the Consultant expressly refers the Client to them, the Client is able to take note of their content in a reasonable manner and the Client agrees to their application. The Consultant sends the Terms and Conditions together with the offer in text form, for example as a PDF by email.
(4) General terms and conditions of the Client apply only if the Consultant expressly agrees to them in text form.
(5) Individual agreements made in a specific case take precedence over these Terms and Conditions (Section 305b BGB).
§ 2 Services
(1) The type, scope, location, dates and remuneration of the services are set out in the respective offer or order confirmation. Typical services are Business and Personal Coaching, team development, facilitation and conflict management as well as consulting in change, process, enterprise architecture and IT service management.
(2) The Consultant owes the careful and professional performance of the agreed services, not a specific economic or personal result. The Client makes their own decisions.
(3) The operational implementation of the consulting results, such as interventions in business processes or IT systems, is not part of the services. It is carried out by the Client or by third parties commissioned by the Client. On request, the Consultant will assist in selecting suitable partners and accompany them in an advisory capacity.
(4) The Consultant provides the services personally. He will only involve other specialists by agreement with the Client.
(5) As agreed, the services take place on site or online by video conference. For online appointments, each party is responsible for the technical requirements on its own side.
§ 3 Coaching is not the practice of healing
(1) Coaching and consulting do not constitute the practice of healing (Heilkunde) or psychotherapy within the meaning of Section 1(3) of the German Psychotherapists Act (PsychThG). They do not replace medical or psychotherapeutic diagnosis or treatment.
(2) The Client remains responsible for their own health. If the Client is receiving treatment for a mental illness, the Consultant recommends coordinating any coaching with the treating professional beforehand.
(3) If, in the course of the work, there are indications of an illness requiring treatment, the Consultant may interrupt the collaboration and recommend a professional assessment. Services already rendered will be remunerated; in all other respects, § 8(5) applies.
§ 4 Conclusion of the contract and form
(1) The presentation of the services on the website does not constitute a binding offer.
(2) The contract is concluded when the Client accepts an offer from the Consultant in text form, for example by email, or when the Consultant confirms an enquiry from the Client in text form.
(3) For the sake of clarity, amendments and additions to the contract should be recorded in text form. Text form is sufficient for declarations by the Client, such as cancellations of appointments, notice of termination or withdrawal.
(4) For consumers only: If the contract is concluded exclusively by means of distance communication (for example email, telephone or video conference) or outside business premises, the Consultant will provide the Client, before the contract is concluded, with the information required by law as well as the cancellation policy (information on the right of withdrawal) together with the model withdrawal form in text form. After the contract has been concluded, he will confirm the content of the contract on a durable medium.
§ 5 Remuneration and payment
(1) The remuneration is based on the offer, for example as an hourly, daily or flat fee.
(2) For consumers, the Consultant states final prices including statutory VAT. For entrepreneurs, prices are quoted plus statutory VAT.
(3) Invoices are payable without deduction within 14 days of receipt. For assignments with several appointments, the Consultant may invoice according to the services rendered, for example per appointment or monthly.
(4) In the event of default in payment, the statutory rules apply. The default interest rate is 5 percentage points above the base interest rate for consumers and 9 percentage points above the base interest rate for entrepreneurs. From entrepreneurs, the Consultant may additionally claim the lump sum for default of 40 euros (Section 288 BGB).
(5) The Client may only set off claims that are undisputed or have been finally determined by a court or that arise from the same contractual relationship.
§ 6 Travel and incidental expenses
(1) No travel expenses are incurred for appointments at the Consultant’s place of business or online.
(2) For appointments at the Client’s premises or at another agreed location, the Consultant charges travel costs at the rates stated in the offer, for example as a flat rate per kilometre or a train ticket, as well as necessary accommodation costs upon proof. He books overnight stays and flights only after prior consultation with the Client.
(3) Costs for rooms, catering and materials are borne by the Client unless otherwise agreed.
(4) If the Client cancels an appointment, the Client bears the travel and accommodation costs already incurred and evidenced that can no longer be cancelled free of charge. This does not apply if the Consultant is responsible for the cancellation. The Consultant keeps such costs as low as possible.
§ 7 Cooperation by the Client
(1) The Client provides the information, documents and contact persons required for the service in good time and in full and, for appointments on site, also suitable rooms and equipment.
(2) If the Client fails to cooperate, or fails to do so in good time, and the service is delayed as a result, agreed dates are postponed to a reasonable extent. The Consultant may charge for additional work of which he has given prior notice at the agreed rates.
(3) Responsibility for decisions and for the implementation of the results developed lies with the Client.
§ 8 Cancellation and postponement of appointments, termination
(1) The Client may cancel or postpone an agreed appointment in text form.
(2) Cancellations and postponements are free of charge up to 48 hours before the start of an appointment. Within this framework, the Client may postpone coaching appointments without further restriction, including more than once; both parties agree on the replacement appointment together.
(3) In the event of a later cancellation, the Consultant’s entitlement to remuneration for the appointment remains in place (Section 615 BGB). It is charged as a flat rate: 50% of the fee agreed for the appointment in the event of cancellation less than 48 but at least 24 hours before the start, and 100% in the event of cancellation less than 24 hours before the start or of non-attendance. A later postponement counts as a cancellation. The Consultant shall allow any expenses saved and any income from alternative use of the time to be credited against this. The Client expressly reserves the right to prove that no claim, or a significantly lower claim, has arisen for the Consultant.
(4) If the Consultant cancels an appointment, for example due to illness, he will inform the Client without undue delay and offer a replacement appointment. He will refund any remuneration already paid for services not rendered. Further claims are governed by § 10.
(5) Both parties may terminate the contract in accordance with the statutory provisions, in particular at any time under Section 627 BGB, provided its conditions are met, and for good cause under Section 626 BGB. The Consultant will not give notice of termination at an inopportune time unless there is good cause. Services rendered up to termination are remunerated in accordance with Section 628 BGB.
(6) For consumers only: The statutory right of withdrawal under § 9 remains unaffected. During the withdrawal period, the consequences of a withdrawal are governed exclusively by the cancellation policy; to that extent, the rules on cancelling appointments in this section do not apply.
§ 9 Right of withdrawal for consumers
(1) For consumers only: In the case of contracts concluded exclusively by means of distance communication or outside business premises, the Client has a statutory right of withdrawal of 14 days.
(2) Details, the consequences of a withdrawal and the model withdrawal form are set out in the cancellation policy. It is enclosed with the offer.
(3) If, at the Client’s express request, the Consultant begins performing the service before the withdrawal period has expired, the Client owes compensation for the value of the services rendered up to that point in the event of withdrawal. In the case of contracts concluded outside business premises, this request must be declared on a durable medium.
§ 10 Liability
(1) The Consultant is liable without limitation
- in cases of intent and gross negligence,
- for damage resulting from injury to life, body or health,
- under a guarantee he has assumed and in cases of fraudulent concealment,
- insofar as mandatory statutory provisions provide for unlimited liability.
(2) In all other respects, in cases of simple negligence the Consultant is liable only for the breach of material contractual obligations. Material obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Client may regularly rely, such as the careful conduct of agreed appointments and confidentiality. In these cases, liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded.
(3) For entrepreneurs only: In the cases of para. 2, liability is additionally limited to 250,000 euros per loss event. This corresponds to the sum insured under the Consultant’s financial loss liability insurance (Vermögensschaden-Haftpflichtversicherung). If a higher risk is foreseeable for an assignment, a higher liability amount may be agreed at the Client’s request.
(4) In all other respects, liability is excluded. The limitations also apply in favour of persons whose fault is attributable to the Consultant.
(5) The Consultant is not liable for the occurrence of any specific result. Decisions on the implementation of recommendations are made by the Client (§ 2(2) and (3)).
§ 11 Confidentiality
(1) The Consultant treats all information he receives in the course of the collaboration as confidential and uses it only for the agreed services. This obligation continues to apply after the end of the contract.
(2) This does not apply to information that is publicly known or becomes known without breach of this obligation. Also excepted are disclosures that the Consultant is obliged to make by law or by order of an authority or court, as well as disclosures that are necessary to protect his own rights, for example to legal or tax advisers bound by professional secrecy.
(3) Case discussions in supervision or peer consultation take place only in anonymised form that does not allow any conclusions to be drawn about persons or companies.
(4) If a company commissions coaching for its employees, the content of the coaching sessions remains between the person being coached and the Consultant. The commissioning company receives only the information agreed in advance, such as dates and scope, as well as results that the person being coached expressly releases.
§ 12 Work results and rights of use
(1) The Client may use documents, presentations and concepts that the Consultant prepares for the Client for its own purposes – in the case of companies, within its own company. Publication or disclosure to third parties for their use requires the Consultant’s consent.
(2) Methods, templates, models, in particular the 8-Level Model, and the Consultant’s general expertise remain with him. He may continue to use them without disclosing confidential information of the Client.
(3) Software tools provided by the Consultant, such as his coaching editors, are subject to the licence stated in each case (GNU GPL-3.0-or-later).
§ 13 Data protection
(1) The Consultant processes personal data in accordance with the General Data Protection Regulation (GDPR). Details can be found in the privacy policy.
(2) For online appointments, the parties use the agreed video services. For coaching of a company’s employees, § 11(4) also applies.
§ 14 Consumer dispute resolution
The Consultant is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. If you have any questions or disagreements, please contact the Consultant directly so that a solution can be found together.
§ 15 Final provisions
(1) The law of the Federal Republic of Germany applies. With regard to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
(2) For entrepreneurs only: If the Client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is the Consultant’s place of business in Rhauderfehn. For consumers, the statutory places of jurisdiction apply.
(3) Should individual provisions of these Terms and Conditions be wholly or partly invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory provisions (Section 306 BGB).
(4) Amendments to these Terms and Conditions apply only to contracts concluded after they have been announced.