General Terms and Conditions and Customer Information
Table of Contents
Scope of Application and Definitions
Services of the Provider
Conclusion of Contract
Right of Withdrawal for Consumers
Prices and Terms of Payment
Eligibility to Participate, Transfer of Contract
Shortfall of the Minimum Number of Participants
Change or Cancellation of the Event
Contractual Right of Withdrawal (Cancellations)
Contract Term and Termination
Teaching Material
Liability
Applicable Law
Alternative Dispute Resolution
1. Scope of Application and Definitions
1.1 These General Terms and Conditions (hereinafter "GTC") of Craig Maier (hereinafter "Provider") apply to all contracts for participation in coaching sessions (hereinafter "Events") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider with regard to the Events presented on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Services of the Provider
2.1 The Provider offers both online and face-to-face events. The content of the event is set out in the respective description on the Provider's website.
2.2 In the case of online events, the Provider shall provide its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the Provider shall provide the Customer with suitable application software before the start of a video conference, whereby the Provider may also use the services of third parties for this purpose. For error-free participation in the online video conference, the customer's system must meet certain minimum requirements, which are communicated to the customer on the provider's website. The customer is responsible for compliance with the system requirements. The Provider shall not be liable for technical problems that are attributable to inadequate system requirements on the part of the Customer.
2.3 In the case of face-to-face events, the Provider shall provide its services exclusively in personal contact with the Customer and in premises selected by the Customer for this purpose. Unless otherwise stated in the Provider's description, the Customer shall not be entitled to select a specific venue for holding the desired event.
2.4 Unless otherwise stated in the description on the Provider's website and unless the parties have agreed otherwise, the Provider shall provide its services at the Customer's request.
2.5 The provider provides its services with the greatest care and to the best of its knowledge and belief. However, the provider does not owe any particular success. In particular, the provider does not guarantee that the customer will achieve a specific learning success or that the customer will achieve a specific performance goal. Last but not least, this also depends on the personal commitment and will of the customer, over which the provider has no influence.
3. Conclusion of Contract
3.1 The events described on the Provider's website constitute binding offers on the part of the Provider.
3.2 The Customer has the opportunity to clarify in a free initial meeting whether he is willing to accept the offers made available by the Provider on its website. The initial consultation lasts approx. 60 minutes, takes place via Zoom and serves to get to know each other.
3.3 The initial meeting can be arranged with the provider via email or the contact form, which can be accessed via the "Contact me" button.
3.4 If the initial meeting leads to a positive decision by the customer regarding the provider's offers, the text of the contract is sent to the customer by email, which the customer signs and sends back to the provider by email. The provider shall not make the text of the contract available beyond this.
3.5 Only the English language is available for the conclusion of the contract.
3.6 If the customer registers further participants for an event, he undertakes to be responsible for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration at the time of registration.
4. Right of Withdrawal for Consumers
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the provider's withdrawal policy.
5. Prices and Terms of Payment
5.1 Unless otherwise stated in the provider's offer, the prices stated are total prices and include statutory sales tax.
5.2 Costs for travel, accommodation and meals for face-to-face events are not included in the price and must be borne by the customer, unless otherwise stated in the provider's description.
5.3 The customer will be informed of the payment options on the provider's website.
5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
6. Eligibility to Participate, Transfer of Contract
6.1 Only the person named in the registration confirmation is entitled to participate. A transfer of the contract to a third party is only possible with the consent of the provider.
6.2 If a third party enters into the contract between the customer and the provider, he and the customer shall be jointly and severally liable to the provider for the participation fee and any additional costs incurred by the entry of the third party.
7. Shortfall of the Minimum Number of Participants
7.1 The Provider may specify a minimum number of participants for its coaching sessions. If a minimum number of participants is specified, the Provider shall expressly indicate this in the description.
7.2 If the minimum number of participants is not reached, the provider may withdraw from the contract by giving notice to the customer no later than seven days before the start of the coaching. The Provider shall notify the Customer of its withdrawal immediately after becoming aware that the number of participants has not been reached, at the latest seven days before the start of the coaching.
7.3 If the Provider exercises its right of withdrawal in accordance with the above clause, the Customer may demand participation in another event of at least equal value if the Provider is in a position to offer such an event from its range at no extra cost to the Customer. The customer must assert his request to the provider immediately upon receipt of the provider's declaration.
7.4 If the customer does not exercise his right in accordance with the above clause, the provider shall immediately refund any participation fee already paid to the customer.
8. Change or Cancellation of the Event
8.1 The Provider reserves the right to change the time, place, person of the coach and/or content of the event, provided that the change is reasonable for the Customer, taking into account the interests of the Provider. Only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the provider in bad faith are reasonable. The provider shall inform the customer in good time in the event of a change to the time, location, person of the coach and/or content of the event.
8.2 In the event of a significant change to the service, the customer may withdraw from the contract free of charge or instead demand participation in another event of at least equal value if the provider is able to offer such an event from its range at no extra cost to the customer.
8.3 The customer must assert the rights in accordance with the above clause immediately after informing the provider of the change in service.
8.4 The Provider is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the coach, against full reimbursement of any participation fee already paid. The provider shall endeavor to find an alternative date if the event is canceled.
9. Contractual Right of Withdrawal (Cancellations)
Irrespective of any existing statutory right of withdrawal, the Provider grants the Customer the right to cancel its registration for an event of the Provider free of charge in accordance with the following provisions (contractual right of withdrawal):
9.1 The Customer may cancel his registration up to 1 day before the start of the booked event without giving reasons by submitting a declaration to the Provider in text form (e.g. email).The date of receipt of the declaration by the provider shall be decisive for compliance with the cancellation deadline. If the customer cancels his registration in due time, the provider shall reschedule at the Customer’s convenience or refund any participation fee already paid in full within a period of two weeks from receipt of his declaration. For this purpose, the Provider may use the same means of payment that the Customer used for his payment to the Provider.
9.2 Any existing statutory right of withdrawal of the customer is not restricted by the right of withdrawal regulated above.
10. Contract Term and Termination
10.1 The contract is concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.
10.2 The right of the provider and the customer to terminate the contract for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
10.3 Terminations must be made in writing or in text form (e.g. by email).
11. Teaching Material
11.1 The Provider is the owner of all rights of use that are required to hold the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.
11.2 The customer may only use the content of the event, including any teaching materials provided, to the extent required by the purpose of the contract as agreed by both parties. In particular, the customer is not entitled to record the event or parts thereof or to reproduce, distribute or make publicly accessible teaching materials without the separate permission of the provider.
11.3 In the case of online events, the customer shall be provided with course-related teaching material (e.g. teaching materials) exclusively in electronic form by email or for download. Unless otherwise agreed, the customer is not entitled to receive the teaching material in physical form.
12. Liability
The Provider shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
12.1 The Provider shall be liable without limitation for any legal reason
in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, unless otherwise regulated in this respect,
due to mandatory liability such as under the Product Liability Act.
12.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
12.3 Any further liability of the Provider is excluded.
12.4 The above liability provisions also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
13. Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
14. Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.