General terms and conditions of business
§ 1 Scope of Application
These General Terms and Conditions (GTC) apply to all contracts, services, consultations, coaching sessions, and seminars (hereinafter referred to as "Services") concluded between Burkhard Vogt (hereinafter referred to as the "Trainer") and the commissioning party (hereinafter referred to as the "Client"). Deviating terms and conditions of the Client shall not be recognized unless the Trainer expressly agrees to their validity in writing.
§ 2 Conclusion of Contract
A contract is concluded through the Client’s written confirmation (email suffices) of an offer made by the Trainer or through the mutual signing of a contract. Offers made by the Trainer are subject to change and non-binding unless expressly marked as binding.
§ 3 Scope of Services and Execution
1. The precise scope of the Services is determined by the respective offer or contract.
2. The Trainer provides the Services personally. He is entitled, subject to prior consultation with the Client, to engage qualified substitute or co-trainers (e.g., from the PCM network).
3. The Trainer’s Services (particularly coaching) constitute services involving the performance of an activity. A specific outcome (e.g., increased revenue, conflict resolution) cannot be guaranteed.
§ 4 Remuneration and Payment Terms
4. The fees agreed upon in the offer (daily rates, hourly rates, or flat fees) apply. Unless otherwise stated, all prices are exclusive of statutory value-added tax (VAT).
5. Travel expenses (transportation costs, accommodation, incidental expenses) and costs for specific materials (e.g., PCM profiles) will be invoiced to the Client separately, unless otherwise agreed.
6. Invoices are due for payment within 28 days of the invoice date, without deduction.
§ 5 Cancellation and rescheduling by the client
7. Agreed dates for in-house seminars, workshops, and coaching sessions are binding.
8. In the event of cancellation or rescheduling by the client, the following cancellation fees apply:
◦ Up to 30 days before the scheduled date: no charge
◦ 29 to 15 days before the scheduled date: 50% of the agreed fee
◦ 14 to 7 days before the scheduled date: 75% of the agreed fee
◦ Less than 7 days before the scheduled date: 100% of the agreed fee
9. Costs already incurred that cannot be cancelled (e.g., booked travel, ordered PCM profiles) must be reimbursed by the client in full in any case.
10. Separate cancellation terms may apply to open seminars (with individual registrations); these will be communicated at the time of registration.
§ 6 Cancellation by the trainer
11. The trainer is entitled to cancel or reschedule appointments for good cause (e.g., illness, force majeure).
12. In such cases, the trainer will inform the client immediately and offer an alternative date. Further claims by the client, particularly for damages (e.g., for hotels booked for participants), are excluded.
§ 7 Copyright and usage rights
13. All materials provided by the trainer (presentations, handouts, concepts) are protected by copyright.
14. The client is granted a non-exclusive, non-transferable right of use for internal purposes. Reproduction, passing on to third parties, or publication (including in part) requires the prior written consent of the trainer.
§ 8 Confidentiality and Data Protection
15. The Trainer undertakes to maintain absolute confidentiality regarding all operational, business, and private matters concerning the Client and the participants that become known in the course of the activity.
16. Personal data shall be processed in accordance with applicable data protection regulations (GDPR).
§ 9 Liability
17. The Trainer shall be liable for damages only in cases of willful misconduct or gross negligence.
18. In cases of ordinary negligence, the Trainer shall be liable only for the breach of essential contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable damage typical for the contract.
19. Liability for indirect damages, particularly lost profits, is excluded.
§ 10 Final Provisions
20. Amendments and supplements to the contract must be made in writing.
21. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
22. To the extent permitted by law, the place of jurisdiction shall be the Trainer’s place of business. The law of the Federal Republic of Germany shall apply.