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GENERAL TERMS AND CONDITIONS (GTCs)
FOR USERS
1. General
All coaches (hereinafter also coaches) who are commissioned by MEL SILVIA MARR carry out coaching and advice in accordance with these General Terms and Conditions (GTCs). With the commissioning, these conditions are deemed to have been accepted by the customer (hereinafter also referred to as the client).
Further agreements are only binding for the coaches if they are confirmed in writing.
The contracts concluded by the coaches are service contracts, unless expressly agreed otherwise. The object of the contract is therefore the provision of the agreed services, not the achievement of a specific result. In particular, the coaches do not owe a specific economic result. Your opinions and recommendations prepare the entrepreneurial decision of the client. In no case can you replace them.
The coaches are entitled to use assistants, expert third parties and other vicarious agents to implement a consulting contract. It neither promises nor provides consulting services in legal and tax matters due to the applicable provisions. These services are to be provided by the client himself.
The coaches provide their consulting services on the basis of the data and information provided by the client or their agents. These are checked for plausibility by the coaches.
The customer is responsible for ensuring that the information is factually correct and complete.
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2. Offers, Fees
The offers are non-binding. Subject to change. All fees are in euros. The fees specified in the coaching or consulting agreement or in the offer will be charged for coaching and consulting services. Additional costs, such as telephone charges, travel and accommodation costs, etc., are mostly included. If not, will be charged to the client or client separately and based on receipts.
The appointments for online coaching are agreed between the coach and client according to mutual availability. As long as there is no cost commitment from another party, the client is considered to be the debtor of the coaching or consulting fee.
Unless otherwise agreed, the fee is due immediately after invoicing and without deduction. Retention of the fee and offsetting are only permitted if the client's claims have been recognized by the coach or have been legally established.
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3. Appointment Cancellations
Agreed dates are generally binding. This also applies to the free preliminary talks.
The time and place of the coaching are mutually agreed upon by the coaching partners. The client agrees to be punctual for all sessions.
A free cancellation or postponement of the coaching sessions is possible up to 48 hours before the start of the appointment. After that, 50% of the fee is due. In the event of non-attendance, the full fee is due as a cancellation fee. This also applies to the free initial consultation! By arranging an appointment for the first consultation, the client accepts this regulation.
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4. Force majeure and other obstacles to performance
The coach is entitled to postpone the agreed coaching appointments in the event of force majeure, including performance obstacles that have arisen due to illness, accident or similar unforeseeable violence.
In this case, the coach will inform the client as soon as possible and offer an alternative date. If the client could not be reached at the phone number left or in any other case, there is no entitlement to reimbursement of travel or other costs.
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5. Copyright
Unless otherwise agreed, all documents handed over to the client are included in the agreed remuneration. The documents are intended exclusively for the personal use of the client. The client undertakes to maintain secrecy about the content of the coaching program.
The copyright to the coaching concepts and documents belongs solely to PRETTY SUCCESSFUL and the coaches acting on behalf. The client is not permitted to reproduce, copy or duplicate the documents in whole or in part and/or make them accessible to third parties or even publish them without the written consent of a coach. Publication, even in part, is prohibited and will result in legal consequences.
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6. Insurance coverage
Each client bears full responsibility for himself and his actions within and outside of the coaching sessions and is responsible for any damage caused. Coaching is not psychotherapy and cannot replace it. Participation requires normal mental and physical resilience.
The organizer of team coaching, seminars, workshops, etc. is always the client. The participants therefore have no insurance cover from MEL SILVIA MARR and the coaches acting on behalf.
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7. Liability
The information and advice in coaching sessions as well as in all documentation are carefully considered and checked by the coach. The activity of the coach is purely a service activity (service contract).
A success is therefore not owed. Liability is excluded. Any data is sent or transmitted electronically at the risk of the client.
Any guarantees only apply upon proof of compliance with all recommended measures and with the end of the coaching.
There is no entitlement to reimbursement of the fee.
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8. Confidentiality
MEL SILVIA MARR and all coaches acting on behalf, undertake to maintain confidentiality towards third parties about all operational, business and private matters of the client that have become known in the course of the activity, even after the termination of the contract.
In addition, MEL SILVIA MARR undertakes to carefully store the documents provided for the purpose of the consultancy and to protect them against third-party inspection.
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9. Customer's obligation to cooperate
The coaching takes place on the basis of the preparatory discussions held between the parties. It is based on cooperation and mutual trust, so all information should be provided truthfully. In this context, the coaches would like to draw attention to the fact that coaching is a free, active and self-responsible process and that certain successes cannot be guaranteed. The coaches stand by the client as a process facilitator and as support for decisions and changes - the actual change work is carried out by the client. The client should therefore be ready and open to deal with himself and his situation and to be able to reflect.
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10. Distinction from psychotherapy
Coaching is not therapy and does not replace it. Coaching is based on a coach-client relationship, which is characterized by working together as partners and clearly distinguishes the role of the coach from that of therapists and doctors.
Psychotherapy is problem and symptom oriented, it deals with the past and tries to heal old wounds. Coaching is solution-oriented and focused on the present, future and activity. Psychotherapy is the targeted treatment of a mental illness. Coaching serves “healthy” people who are capable of action and self-reflection.
The result of coaching does not represent the alleviation of psychological complaints, but the individual further development of the client, which is accompanied by an increase in his general quality of life.
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11. Sect Declaration
MEL SILVIA MARR and all commissioned coaches do not work on, have worked on, or been trained on L. Ron Hubbard's (founder of the organization of Scientology) technology. Neither courses nor seminars were or are currently being attended by the Scientology organization, in which work is carried out according to L. Ron Hubbard's technology.
All coaching and consultations are not carried out according to this or any other sectarian technology. In addition, MEL SILVIA MARR and all coaches acting on behalf reject sectarian practices of any kind and expressly accept Diatanz from sects and similar organisations.
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12. Final Provision
Should individual provisions of the contract with the client, including these general terms and conditions, be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
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13. Place of Performance and Jurisdiction
Place of fulfillment is Ibiza. The place of jurisdiction is the responsible District Court of Spain. The law of the Federal Republic of Spain.
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Santa Eulalia del Rio, May 30th, 2023