General Terms and Conditions
General Terms and Conditions (GTC) of Coach Rob.
1. General Principles
1.1 All legal transactions between Coach Rob. and its client/customer are exclusively subject to these General Terms and Conditions (GTC). The version valid at the time of the conclusion of the contract shall be decisive in each case.
1.2 They shall also apply to all future contractual relationships, thus even if not expressly referred to in additional contracts.
1.3 Conflicting general terms and conditions of the client are invalid, unless Coach Rob expressly accepts them in writing.
1.4 In the event that individual provisions of these GTC 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 which comes closest to its meaning and economic purpose.
2. Finalisation of contract / Service
2.1 The scope of a specific coaching assignment shall be contractually agreed in each individual case. Offers made by Coach Rob are subject to confirmation. The contract is binding as soon as Coach Rob receives the written acceptance of the offer or Coach Rob confirms the assignment in writing. Changes or additions to the assignment by the client are only effective if Coach Rob accepts them in writing.
2.2 The content and scope of the services are drawn from the contract or other service descriptions (internet, flyer, brochure). Changes in content and/or organisation of the services by Coach Rob are permissible, provided that the core of the agreed service is not substantially changed.
3. Duty of disclosure of the client
3.1 The client shall ensure that Coach Rob is provided with all necessary documentation for the fulfilment and execution of the coaching assignment in a timely manner.
4. Appointments
4.1 Coach Rob shall endeavour to meet the specified appointments as precisely as possible. If an appointment cannot be kept by Coach Rob (e.g. illness), Coach Rob is entitled to name an alternative date to the exclusion of any claims for damages (see also point 13.).
4.2 If an agreed individual coaching appointment cannot be kept by the client, the client must give 24 hours' notice. Coach Rob will then give an alternative date.
5. Cancellation conditions
5.1 Cancellation by the client is only possible with written notification to Coach Rob. Both the cancellation by the client and its acknowledgement by Coach Rob, can be made in electronic form.
5.2 In the event of an agreed individual appointment being cancelled by the client less than 24 hours before the appointment, Coach Rob shall be entitled to invoice the agreed fee.
6. Fee
6.1 After fulfilment of the services defined in the contract, Coach Rob shall receive a fee according to the contractual agreement between the client and Coach Rob.
6.2 In the case of orders requiring several units or partial steps, Coach Rob shall receive a fee in advance of the units according to the contractual agreement between the client and Coach Rob.
6.3 Coach Rob is entitled to send invoices to the client in electronic form. The client expressly agrees to the sending of invoices in electronic form by Coach Rob.
7. Payment
7.1 The fee shall be paid promptly and without deduction once the invoice has been presented by Coach Rob. In the case of orders comprising several units or partial steps, Coach Rob shall be entitled to invoice each individual service in advance.
7.2 Compliance with the agreed payment dates constitutes an essential obligation for the performance of the contract by Coach Rob. Any delay in payment entitles Coach Rob to stop the current fulfilment of the contract and to withdraw from the contract. All associated costs and loss of profit shall be borne by the client. In the event of default in payment, the client shall be obliged to pay default interest at the statutory rate, or a minimum of 10% p.a. and all collection costs.
8. Data collection
8.1 From contract signing, the client agrees to the collection and use of their data by Coach Rob within the framework of the applicable data protection regulations. Coach Rob will not pass on the data to third parties.
9. References
9.1 The client agrees that Coach Rob may use the client's first name, job title and photo as a reference on the website, on flyers and in brochures.
10. Protection of intellectual property / copyrights
10.1 All publications of Coach Rob, in particular coaching documents are protected by copyright. The copyrights of the documents received are due to Coach Rob or, if indicated accordingly, to the respective author. The client is not entitled to duplicate and/or distribute the documents and information received within the framework of the contractually agreed services or to make them accessible to third parties, either in whole or in part, without the express written consent of Coach Rob. Under no circumstances shall Coach Rob be liable for any unauthorised reproduction/dissemination.
10.2 Any breach of these provisions by the client entitles Coach Rob to terminate the contractual relationship immediately and prematurely and to assert other legal claims, in particular for injunctive relief and/or damages.
11. Secrecy / Loyalty
11.1 Coach Rob is obliged to maintain absolute confidentiality in respect of all personally and professionally relevant information which has become known to him in the course of the provision of his services.
11.2 The confidentiality requirement extends indefinitely beyond the end of the contractual relationship. Exceptions exist in the case of legally stipulated obligations to testify.
11.3 The contracting parties undertake to be loyal to each other.
12. Warranty
12.1 Since the success of coaching services depends to a large extent on the commitment of the client, Coach Rob does not assume any warranty for the success intended by the provision of the said services.
13. Liability / Compensation
13.1 Coach Rob shall only be liable to the client for damages - with the exception of personal injury - in the event of gross negligence (intent or gross negligence).
13.2 Claims for damages by the client can only be asserted in court within six months after knowledge of the damage and the damaging party, but at the latest within three years after the event giving rise to the claim.
13.3 The client has to prove in each case that the damage is due to the fault of Coach Rob 13.4 Warranty and claims for damages for services provided by third parties are excluded. Coach Rob shall assign these claims to the client, who shall in this case have priority over these third parties.
14. Duration of the contract
14.1 The contract ends in principle with the fulfilment of the defined services.
14.2 The contract may nevertheless be terminated at any time for good cause by either party without notice.
15. Mediation Clause
15.1 In the event of disputes arising from this contract which cannot be settled amicably, the contracting parties agree by mutual consent to consult registered mediators (ZivMediatG) specialising in business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of the business mediators or on the content, legal steps shall be taken at the earliest one month after the failure of the negotiations.
15.2 In the event of a mediation that does not materialise or is broken off, Austrian law shall apply in any legal proceedings that may be instituted. All necessary expenses incurred as a result of a previous mediation, in particular those for a legal advisor, may be claimed as "pre-litigation costs" in court or arbitration proceedings as agreed.
16. Final provision
16.1 The contracting parties confirm that they have provided all information in the contract conscientiously and truthfully and undertake to notify each other immediately of any changes.
16.2 Amendments to the contract and these GTCs must be made in writing, as must any waiver of this formal requirement. There shall be no verbal collateral agreements.
16.3 This contract shall be governed by Austrian substantive law, excluding the conflict of laws rules of private international law. The place of performance shall be the place of the professional establishment of Coach Rob. The court at the place of business of Coach Rob shall be responsible for disputes (Klagenfurt Commercial Court).