Terms & Conditions
General Terms and Conditions and Cancellation Policy for Services of
Gabriele Euchner Management Consulting
§ 1 Scope of Application Subject Matter of the Contract and Exclusivity
1. The following general terms and conditions apply exclusively to the business relationship between Gabriele Euchner Management Consulting and the participant regarding services (coaching single sessions, coaching group workshops, and other events—online, by telephone, or by presence).
2. The address of Gabriele Euchner Management Consulting is c/o COCENTER, Koppoldstr. 1, 86551 Aichach, Germany. Email: info@gabrieleeuchner.com
3. A participant's general terms and conditions shall only become part of the contract if Gabriele Euchner Management Consulting accepts them explicitly and in written form.
4. These terms and conditions apply to entrepreneurs (including companies, legal entities under public law, or special funds under public law in the sense of § 310 para. 1 BGB) and to consumers unless a distinction is made between entrepreneurs and consumers in the respective clause.
5. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity (cf. Section 14 BGB). Consumers are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity (cf. § 13 BGB).
6. Regarding related legal transactions, these terms and conditions shall also apply to all future transactions.
§ 2 Subject Matter of the Contract and Services of Gabriele Euchner Management Consulting
The contract covers Career, Leadership, and Resilience services in workshops, individual coaching, and group coaching, delivered through several or individual appointments—online, by telephone, and face-to-face.
1. The scope of the service shall be determined primarily by the contract concluded with the Client or the confirmation and secondarily by these General Terms and Conditions and other offers and service descriptions.
2. The workshops and individual appointments occur at the place indicated in the offer. If a coaching appointment cannot appear at the planned location (in person), the individual appointment or group workshop can be held as an online event.
3. Participation in group workshops or individual coaching sessions requires mental and physical resilience. The participant shall inform us before providing the service if this is not guaranteed.
4. The number of participants in group workshops is limited.
§ 3 Registration and conclusion of the contract (conclusion of the contract)
1. The Client's registration information takes place either via the web page https://www.gabrieleeuchner.com or by email to info@gabrieleeuchner.com. Within 48 hours, the Client will receive the confirmation by email. By this registration confirmation, the contract has been concluded. Registrations will be considered in the order received. A waiting list will be created if a workshop is fully booked. The rank depends on the receipt of the registration. Should a place become available, the customer will be notified by email at the email address provided during registration.
2. The complete contract text will not be stored by Gabriele Euchner Management Consulting beyond that. Gabriele Euchner Management Consulting is also not obligated to do so.
3. The right to participate in the workshops acquired with the conclusion of the contract is transferable. The participant may transfer his participation to another person he names, free of charge. He shall then ensure this new participant accepts these General Terms and Conditions.
4. The Client can arrange sessions with Gabriele Euchner Management Consulting by phone, email, or in person.
§ 4 Remuneration and terms of payment
1. The participant is obliged to pay the fee for the coaching sessions or the workshop before the service starts.
2. The invoice will be emailed directly after the binding registration. The fee is due immediately after invoicing and must be paid by the start of the coaching session or workshop at the latest.
3. The payment must be transferred to Gabriele Euchner Management Consulting's bank account (see invoice).
4. When booking coaching packages, the Client pays the invoice fully in advance, and after invoicing. After that, the Client has 1 year to schedule coaching appointments with Gabriele Euchner Management Consulting.
§ 5 Duration of Contract and Termination
1. The duration of the contract and the dates for the provision of services resulting from the contract concluded between Gabriele Euchner Management Consulting and the participant or Client.
2. The contract does not contain a minimum term. It ends with the service (e.g., after the last coaching session).
§ 6 Cancellation or Rebooking of the Client
1. After the expiration of the cancellation period, Gabriele Euchner Management Consulting grants the participant who is a consumer or the Client who is a corporate under the following conditions a cancellation or rebooking (for individual seminars and business/personal coaching § 5 para. 2 and 3 applies differently) of the booking: a cancellation or rebooking by a participant is possible up to 8 weeks before the course begins (starting date). Gabriele Euchner Management
Consulting is entitled to 50% of the fee as appropriate compensation. The participant must prove that Gabriele Euchner Management Consulting has incurred no loss, or only a lower loss. Alternatively, a rebooking can be made for a course with the same content on another date. The participant must notify Gabriele Euchner Management Consulting by email within the deadline of his/her wish to rebook. A rebooking fee of 500 Euro + VAT will be charged. Only after confirmation by Gabriele Euchner Management Consulting is the rebooking binding. A rebooking can only be made once. Registration for the booked workshop after rebooking is binding, and it cannot be rebooked or canceled under the above cancellation conditions. If the course price has decreased after the rebooking, the difference is not creditable and will not be charged. If the course price increases after rebooking, the participant must pay a higher fee. Cancellation or rebooking is not possible within 4 weeks before the course date. The claim for payment of Gabriele Euchner Management Consulting remains valid. The nomination of substitute participants is possible (see § 2).
2. The registration for individual coaching sessions is binding. Personal coaching sessions cannot be canceled or rescheduled. The nomination of substitute participants is possible (see § 2).
3. Appointments for coaching sessions (business/personal coaching) are binding. If no other contractual arrangement has been made, the Client may cancel the appointment free of charge by email up to 48 hours before the agreed appointment with Gabriele Euchner Management Consulting. A free cancellation by the Client less than 48 Hours before the agreed appointment is impossible.
4. If the participant or Client does not appear at the appointment or participate without canceling or rebooking in advance under the above conditions, the full fee is due. If a client or participant does not use the full service or leaves a workshop early, they are not entitled to a refund for the portion of the service not used.
5. If the participant is partially prevented from attending a workshop consisting of several dates, he/she can make up a maximum of two missed modules in the course with the same content in the following year, in agreement with Gabriele Euchner Management Consulting and if free places are available.
§ 7 Rights of Gabriele Euchner Management Consulting, Cancellation and Postponement of Events
1. Gabriele Euchner Management Consulting may change the content and organization of the service, provided that the core of the booked service is not significantly changed.
2. Gabriele Euchner Management Consulting is entitled to replace individual coaches/trainers with other coaches/trainers if this does not change the overall character of the course. Gabriele Euchner Management Consulting reserves the right to substitute the coach/trainer named on the Gabriele Euchner Management Consulting website with another coach/trainer for reasons such as illness or other circumstances for which Gabriele Euchner Management Consulting is not responsible.
3. Gabriele Euchner Management Consulting is entitled to withdraw from the contract for good cause. An important reason is that circumstances beyond Gabriele Euchner Management Consulting's control (e.g., force majeure, official restrictions or prohibitions, sudden illness of the trainer, etc.) may make it impossible to hold individual workshops. Participant fees already paid will be refunded immediately. The participant is not entitled to any further claims for damages.
4. Regardless of other reasons, especially if the number of registrations for an event is less than six persons up to 2 weeks before the day of the event, Gabriele Euchner Management Consulting is entitled to withdraw from the contract, regardless of the existence of any other reasons for termination. In this case, Gabriele Euchner Management Consulting will immediately inform the participants of the event's cancellation and refund any participation fees already paid.
§ 8 Right of Gabriele Euchner Management Consulting to Conduct Online Courses/Coachings
1. Gabriele Euchner Management Consulting is entitled to transmit individual coaching units online using suitable video software (so-called online event) if face-to-face events cannot be held or do not seem appropriate due to circumstances for which Gabriele Euchner Management Consulting is not responsible (e.g., official orders, force majeure, corona incidence values within seven days). In this case, the participant can choose to rebook for a later date or participate in the online module, which replaces the face-to-face event. In this case, the participant will not be granted a cancellation. The participant will be informed in good time by email before the respective date about the changeover from face-to-face to online event and vice versa. The participant can request a rebooking by email up to 48 hours before the event.
2. Gabriele Euchner Management Consulting is only responsible for technical problems that hinder the participant's participation if they fall within its technical responsibility. Gabriele Euchner Management Consulting is not responsible for technical problems caused by the participant's incorrect settings, insufficient hardware or software requirements, or connection problems. There is no right to a refund of the course fee. In individual cases, Gabriele Euchner Management Consulting can offer the participant an alternative date, but is not obligated to do so.
3. For the success of the online event, Gabriele Euchner Management Consulting depends on an appropriate technical service provider. In the event of technical disruptions that Gabriele Euchner Management Consulting cannot remedy at short notice, the individual online event may be canceled. Gabriele Euchner Management Consulting will inform the participant about an alternative date. Further customer claims are excluded.
§ 9 Prohibition of Recordings and Recording by Participants or Coachees
1. Any recordings of the performance of Gabriele Euchner Management Consulting (videos, sound, image recordings, etc.) as well as their publication, dissemination, and reproduction (also in extracts), including making them publicly available on the Internet, are, irrespective of the purpose pursued thereby, prohibited to the participant or coachee without exception.
2. In case of violation of the obligations regulated under this §, Gabriele Euchner Management Consulting shall be entitled to an extraordinary right of termination without notice. In case of the exercise of this right of termination, Gabriele Euchner Management Consulting shall be released from its obligation to perform, but shall retain its full claim to remuneration.
3. Apart from that, Gabriele Euchner Management Consulting reserves the right to allow the participants to be recorded for private purposes. This requires the prior consent of Gabriele Euchner Management Consulting.
§ 10 Photo, Video, and Sound Recordings by Gabriele Euchner Management Consulting (or commissioned service providers)
1. Gabriele Euchner Management Consulting points out that during the group workshops, sometimes photos, videos, and sound recordings are made. By participating in an event, the participant gives their free and unlimited consent to appear in audiovisual media (e.g., websites, YouTube, LinkedIn, Facebook) in photographs and sound recordings.
2. Participants who participate in exercises and do not want to be filmed in this situation are requested to signal this so that the filming can be interrupted.
3. Possible interference with the seminar's course, which will be kept to a minimum, does not entitle the participant to a refund of the seminar costs or to any other compensation.
§ 11 Copyrights, intellectual property rights, and know-how
1. Gabriele Euchner Management Consulting reserves all rights, in particular property rights and copyrights, to all worksheets, workbooks, scripts, texts, eBooks, sketch notes, sketches, images, guides, and other materials, documents, and other know-how made available to the participant in connection with the preparation of the offer, commissioning, and performance of the services by Gabriele Euchner Management Consulting. Copyrights and other intellectual property rights to the working documents are exclusively reserved to Gabriele Euchner Management Consulting or the respective author or beneficiary.
2. The rights of use are not granted to the participant. The participant may use the documents only in the context of the coaching or workshop and for personal, non-commercial, and non-corporate purposes.
3. The participant is in particular, not permitted to publish the working documents (or parts thereof) in whole or in part, to reproduce them physically or incorporeally, to distribute them, to digitize them, to make them available to third parties, to make them publicly accessible (e.g. on the Internet or via mobile data services or apps), to edit or transform them or to evaluate or use them in any other way, in particular also not to use them for activities that compete with the services of Gabriele Euchner Management Consulting.
4. All worksheets, workbooks, scripts, texts, eBooks, sketch notes, sketches, images, guides, and other materials, documents, and other know-how provided to the participant in connection with the preparation of the offer, commissioning, and provision of the services by Gabriele Euchner Management Consulting may not be reproduced or distributed by the participant either digitally or in physical form (not even in part). The participant is also prohibited from publishing or making available on the Internet (even in part). Infringements constitute copyright offenses and may be prosecuted.
5. In case of violation of the obligations regulated under this §, Gabriele Euchner Management Consulting is entitled to an extraordinary right of termination without notice. In the event of exercising this right of termination, Gabriele Euchner Management Consulting shall be released from its obligation to perform and shall retain its entire claim for remuneration.
§ 12 Liability for Damages
1. Gabriele Euchner Management Consulting shall only be liable for damages caused by intentional or grossly negligent breach of duty by Gabriele Euchner Management Consulting and its vicarious agents.
2. The liability of Gabriele Euchner Management Consulting and its vicarious agents for contractual breaches of duty and tortious claims (including other claims for damages) is limited to intent and gross negligence. Excluded are claims for damages of the customer or the participant arising from injury to life, body, or health or from the breach of essential contractual obligations, as well as claims for compensation for damages caused by delay (§ 286 BGB).
3. As far as Gabriele Euchner Management Consulting has taken out liability insurance, the liability for damages caused by negligence is limited to the benefits of the liability insurance, as long as the liability insurance covers the typical risk. As far as the insurer is free of performance, the claim for damages will not be reduced by this.
4. The participant is liable to Gabriele Euchner Management Consulting for all damages caused by him/her during the coaching and workshops, as well as on the training premises.
§ 13 Alternative Dispute Resolution for Consumers
1. The European Commission provides an out-of-court online dispute resolution (ODR platform) for disputes arising from online purchase and service contracts involving a consumer. The platform can be accessed on the Internet at https://ec.europa.eu/odr.
We are unwilling or obligated to participate in dispute resolution proceedings before consumer arbitration boards.
§ 14 Place of Performance - Choice of Law and Jurisdiction
1. The laws of the Federal Republic of Germany shall govern all contracts between Gabriele Euchner Management Consulting and the participant or Client.
2. Place of performance for all disputes arising from and in connection with this contract is - as far as the participant is a merchant in the sense of §§ 1 ff. HGB (German Commercial Code), a legal entity under public law or a special fund under public law in the sense of § 310 para. 1 BGB (German Civil Code) - is the place of business of Gabriele Euchner Management Consulting.
3. The exclusive place of jurisdiction for disputes arising from the present contractual relationship is, as far as the Client is a merchant client, in accordance with §§ 1 ff. HGB (German Commercial Code), a legal entity under public law or a special fund under public law in the sense of § 310 para. 1 BGB (German Civil Code) - is Munich, Germany.
Customer information for consumers
Identity of the service provider:
Gabriele Euchner Management Consulting
c/o COCENTER, Koppoldstr. 1, 86551 Aichach, Germany
Email: info@gabrieleeuchner.com
1. Essential characteristics of services
The essential characteristics of the service are set out in the respective offer.
2. Prices and terms of payment
3. The prices listed in the respective offer are binding and are net prices, i.e., plus the statutory value-added tax.
4. The payment methods available for purchasing the respective item are indicated in the respective offer or during the ordering process (before the conclusion of the contract). Payments can only be made by bank transfer to Gabriele Euchner Management Consulting's bank account.
2. Legal liability for defects
The statutory provisions shall govern the liability for defects of the subject matter of the contract.
3. Right of withdrawal
1. Consumers are generally entitled to a right of revocation for contracts concluded outside business premises and for distance contracts (such as registration via the Internet). For more information on the right of withdrawal and its consequences, please refer to our cancellation policy.
2. The right of withdrawal does not apply to consumers who are not citizens of a member state of the European Union at the time of the contract's conclusion and whose residence and delivery address are outside the European Union at that time.
§ Cancellation policy for services
Right of withdrawal
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period begins fourteen days after the contract is concluded.
To exercise your right of withdrawal, you must inform Gabriele Euchner Management Consulting of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You can use the attached sample withdrawal form (see below), which is not mandatory. To comply with the withdrawal period, it is sufficient for you to notify the exercise of the right of withdrawal before the expiry of the withdrawal period.
The right of withdrawal shall expire prematurely with the consumer's consent if the performance of the contract has begun at the consumer's express request before the consumer has exercised his right of withdrawal.
Sample withdrawal form
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*) : ________________________
- Ordered on (*)/received on (*): _____________________________
- Name of the consumer(s) : _____________________________
- Address of the consumer(s) : _____________________________
- Signature of consumer(s) (paper communication only) : _________________________
- Date: ______________________________
(*) Delete where inapplicable.
If you wish to revoke the contract, please fill out this form and return it to:
Gabriele Euchner Management Consulting
c/o COCENTER, Koppoldstr. 1, 86551 Aichach, Germany
Email: info@gabrieleeuchner.com