Terms and Conditions
Article 1: Conditions apply
1.1 These general terms and conditions apply to all business agreements between Jessica J.J. Lutz Coaching, Counselling, Consulting and its clients for giving advice and / or the implementation of training courses, workshops, training sessions, coaching and / or counselling conversations or other activities that contribute to personal and / or professional growth.
1.2 Deviations from these conditions are only binding in mutual consultation and when Jessica J.J. Lutz Coaching, Counselling, Consulting has explicitly confirmed these deviations to the client in writing.
2.1 In the following text, the name “Jessica J.J. Lutz Coaching, Counselling, Consulting” has the following meaning: Jessica J.J. Lutz Coaching, Counselling, Consulting and third parties engaged by this organization for the execution of agreed assignments ”.
2.2 The ABC of Leadership is a trade name of Jessica J.J. Lutz Coaching, Counselling, Consulting, and can be used interchangeably.
2.3 Jessica J.J. Lutz Coaching, Counselling, Consulting will be called ‘contractor’ hereafter.
2.4 The recipient of the services provided by the contractor is called ‘client’.
Article 3: offers and agreements
3.1 All offers made by the contractor are without obligation and are valid for 30 days, unless stated otherwise. The contractor is only bound by an offer if the acceptance thereof has been confirmed in writing to the contractor by the client within the stipulated period of validity without reservation or change.
3.2 Prices in quotations are exclusive of VAT unless stated otherwise.
3.3 In addition to the condition in article 3.1, there is an agreement when the client provides the contractor with a written assignment for giving advice and / or educating, training, coaching or counselling one or more participants. Such a written assignment takes various forms, including a signed offer, a signed contract, a letter, an e-mail or a completed registration or registration form from Jessica J.J. Lutz. It is also possible that the contractor sends a letter in consultation with the client to confirm an oral assignment.
3.4 If a term has been agreed for the completion of certain activities by the contractor, this is not a strict deadline, unless agreed otherwise. Exceeding the agreed term therefore does not result in an attributable shortcoming of the contractor. For this reason, the client cannot dissolve the agreement and is not entitled to compensation. If the agreed term is exceeded, the client may, in consultation, set a new term within which the agreement must be performed. Exceeding this new term may provide the client with grounds for termination of the agreement.
3.5 If the contractor is given the assignment to fulfill an assignment or a part thereof in collaboration with a third party, the client will determine in consultation with all those involved what everyone’s job is. Jessica J.J. Lutz accepts no joint or partial liability, nor liability for the performance of the task and the associated work of the third party.
Article 4: rights and obligations
4.1 In any agreement between the contractor and her client, the contractor undertakes to execute the agreed efforts according to the highest standards of craftsmanship and care that the client can and may expect from the contractor at the time the order is concluded.
4.2 With every agreement between the contractor and her client, the contractor accepts an effort obligation and no result obligation. It goes without saying that the contractor as a supplier nevertheless makes every effort to achieve a result that is satisfactory for both parties.
4.3 The contractor has the right to engage third parties for the execution of an agreement concluded with the contractor. The contractor hereby undertakes to select these third parties with the utmost care in order to achieve good quality execution.
3.4 If one of the parties involved in an agreement fails significantly in the fulfillment of its obligations and, after being explicitly pointed out by the other party, or it does not fulfill these obligations within a reasonable period, the other party is authorized to terminate without the termination party owing the defaulting party any compensation. The performances delivered until the termination are paid in the agreed manner.
4.5 If the contractor depends on information or cooperation from the client or participant (s) for the fulfillment of its obligations, the contractor is exempt from its obligations if the client or participant (s) fail to provide the necessary information or cooperation in a timely and thorough manner. to provide.
4.6 If the agreement concluded with the contractor relates to the repeated delivery of the same performance to the client, the agreement concluded with the contractor is valid for one year, unless expressly agreed otherwise. Such an agreement is always tacitly renewed for a period of one year. Each party can terminate the agreement in writing three months before this extension, whereby the parties are not mutually obliged to pay compensation based on such termination.
Article 5: travel, placement, admission and replacement of participant (s)
4.1 Training, workshops, training courses or other activities aimed at increasing people’s knowledge, understanding and skills will only take place if the minimum number of participants are present, as agreed with the client. If there are not enough participants, the contractor discusses possible alternatives with the client or participant.
4.2 The contractor admits participants to a certain training, workshop, training or other characteristic activity of the contractor in the order in which the registration took place.
4.3 Admission requirements apply to some of our programs. In such cases, admission to these programs depends on a written or oral assessment of the level of the participant (s).
4.4 A participant can, in consultation with the contractor and the organization to which this person belongs, be replaced by another participant if the change has been notified in writing to the contractor at least 48 hours before the start of the first training day. For replacement, the contractor will charge an amount of € 50 in administration costs to the client. In the case of a program to which admission requirements apply, the possibility of replacement lapses, unless timely assessment is organisationally feasible. The costs of the replacement assessment will be passed on to the client.
Article 6: relocation, cancellation, dissolution or cancellation of programs
6.1 Relocation, cancellation, dissolution or cancellation of an agreement with can only be done by the contractor in writing.
6.2 If a participant does not participate in a program for any reason on the date the participant is admitted without timely written notification, there will be no relocation, cancellation, or dissolution and the original financial arrangements between the contractor and the client remain in force.
6.3 In the case of current or open programs, transfer, dissolution and cancellation are possible free of charge up to six weeks before the start of the first meeting.
6.4 For relocation, dissolution and cancellation between four and six weeks before the start, the contractor will charge an amount of 75% of the agreed costs to the client. The other costs will lapse with the relocation, dissolution or cancellation between four and six weeks before the start.
6.5 In the event of dissolution and cancellation within four weeks before the start of the first meeting, the client is obliged to pay 100% of the agreed costs to the contractor.
5.6 In the event of relocation within four weeks before the start of the first meeting, the client is obliged to reimburse 50% of the agreed costs to the contractor for the dates originally discussed.
Article 7: relocation, dissolution and cancellation of custom work
7.1 In the case of training courses that the contractor has tailor-made for the client, transfer, termination and cancellation are possible free of charge up to eight weeks before the start of the first meeting.
7.2 If the client moves, cancels, rescinds or terminates a course developed by the contractor at the request of the client within eight weeks before the start of the first meeting, the client will pay an administrative fee of € 250 in addition to the costs incurred by the contractor. Development and implementation costs are to be specified in writing and charged to the client.
7.3 In the event of dissolution and cancellation within four weeks before the start of the first meeting, the client is obliged to pay 100% of the agreed costs (including: development costs, course fees and location costs) to the contractor.
Article 8: relocation, dissolution and cancellation of coaching and other guidance processes and operational support
8.1 In the event of cancellation or relocation by the client of coaching and / or other guidance processes and / or operational support within 24 hours before the start of the activity concerned, the client owes 100% of the costs of the canceled hours or the agreed principal amount; between 24 and 48 hours before the start of the activities 50% of these costs.
8.2 The client owes 100% of the total agreed principal if s/he, even without canceling, does not use the agreed services of the contractor.
Article 9: force majeure
9.1 A shortcoming in the fulfillment of the agreement cannot be attributed to the parties in the event of force majeure. In case of force majeure, no right to compensation arises.
9.2 If one of the parties is in default for a period of more than 30 days as a result of force majeure with regard to its obligations arising from the agreement, the other party has the right to end the agreement by registered letter with immediate effect without judicial intervention, and without giving rise to any right to compensation.
9.3 Force majeure includes all circumstances that make the parties temporarily or permanently unable to meet their obligations, such as: fire, long-term illness, long-term power failure, disruptions in the digital network.
Article 10: fee & payment conditions
10.1 Unless otherwise agreed, the contractor’s fee consists of a predetermined fixed amount per agreement or per service provided and / or can be calculated on the basis of rates per time unit worked by the contractor.
10.2 All prices quoted by the contractor are exclusive of VAT unless expressly stated otherwise.
10.3 All prices quoted by the contractor are exclusive of travel and other expenses incurred for the benefit of the client, including invoices from third parties engaged.
10.4 Payments must be made within fourteen days of the invoice date, unless agreed otherwise in writing. In the event of late payment, the client owes the legally determined default interest and extrajudicial collection costs up to a sum of 15% of the amount not paid on time.
10.5 Within certain circumstances (including the development of custom work, the provision of special facilities and the provision of a different size of groups), the contractor may, in consultation with the client, require an advance payment or equivalent security before commencing its activities.
10.6 The contractor reserves the right to adjust the agreed fees annually in consultation with the client.
10.7 If, at the request of the client, if necessary, outsourcing specialist work by subcontractor or third parties is required by the contractor, there may be different rates. Where appropriate, separate agreements will be made between the parties in advance.
10.8 In the event that there are several clients, each client is separately liable towards the contractor for the payment of the total invoice amount if the work has been carried out on behalf of all these clients.
Article 11: intellectual property and copyrights
11.1 The documents for the preliminary discussion, preparation and / or export provided to the client are exclusively intended for use in the execution of the agreed assignment and may not be multiplied or made available to third parties.
11.2 If copyrights or intellectual property rights rest on documents that are used in the preliminary discussion, preparation and / or export of products and services supplied by the contractor to the client. The contractor is and remains before, during and after the assignment (subject to licenses third party) holder or owner of these rights. The client only receives a non-transferable right of use insofar as this is necessary for the execution of the agreement.
Article 12: liability
12.1 The contractor is only liable for direct damage attributed to her that is demonstrably the result of intent or gross negligence on the part of the contractor and her employees.
12.2 The contractor can under no circumstances be held liable for indirect damage attributed to her. Alleged psychological damage that participants claim to have incurred during projects that the contractor has carried out at the client is also covered by this clause.
12.3 When the contractor is obliged to pay compensation for damage suffered by the client, this compensation is limited to a maximum of the agreed compensation for the assignment.
12.4 The total compensation of the contractor to her client can never exceed € 10,000.
12.5 When physical exercise or sports activities are part of projects that the contractor carries out for a client, the participants are free to participate or not to participate in these activities. In these cases, it is up to the participants themselves to determine whether participation is responsible and acceptable to them.
Article 13: confidentiality of confidential information
13.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this is recognizable from the nature of the information.
13.2 If the contractor is obliged to provide confidential information to third parties designated by law or the competent court on the basis of a legal provision or a court decision, and if the contractor cannot rely on a legal or recognized act by the competent court. or permitted right to refuse, the contractor is not obliged to pay compensation or compensation and the other party is not entitled to dissolve the agreement on the basis of any damage that has arisen as a result.
Article 14: personal data
14.1 Unless the client expressly indicates that he objects to this, the client grants the contractor permission when entering into an agreement to include personal data of participants in her file for information purposes. The contractor manages this data carefully and in accordance with legal regulations; uses them exclusively for her own purposes and does not make the data available to third parties.