MARTINA RINK

GENERAL TERMS AND CONDITIONS – MARTINA RINK

 

Version 1.0
Version: (*). January 2025

 

1. Basic rules and scope

1.1. The following General Terms and Conditions (hereinafter referred to as "GTC") apply to the contractual relationships between "Concept Studio Martina Rink UG" (haftungsbeschränkt), with its registered office at Steinkreuzstrasse 26b, 76228 Karlsruhe (hereinafter referred to as "Coach" or "Provider") and its customers; this unless otherwise agreed in writing between the contracting parties. The GTC govern the respective contractual relationship in connection with the services (hereinafter referred to as the "Coaching Service" or in the plural "Coaching Services") that the Coach provides to the Clients, taking into account the respective confirmed bookings.

1.2. By booking the coaching services offered by the Coach, the respective Client accepts the GTC.

1.3. Deviating terms and conditions of the customers do not become part of the contract, unless the coach expressly agrees to them in writing.

2. Coaching services, subject matter of the contract

2.1. In the area of life coaching, the Coach provides the services booked by the Client, with a focus on (i) individual time-limited coaching sessions and/or (ii) coaching sessions within the framework of booked coaching packages, i.e. a predefined number of coaching sessions, spread over a time frame determined from the beginning, and/or (iii) the holding of coaching events, seminars, workshops and/or other life coaching events (see more details below in point 4.).

2.2. Life coaching serves to support and promote personal development processes, the achievement of goals and the increase in quality of life. The coaching process is solution- and future-oriented and is based on a partnership-based dialogue between coach and client.

2.3. Life coaching is not psychotherapy and does not replace psychotherapeutic or psychiatric treatment. Statements and opinions expressed by the Coach to the Client in the course of the provision of services are to be understood as non-binding recommendations. The coach does not make diagnoses, treat mental illnesses and/or make promises of healing. The coach points this out to the client on a case-by-case basis and refers the client to the appropriate specialist services if signs of possible mental illness or psychiatric treatment needs become apparent during one or more coaching sessions.

2.4. Coaching services are based on the obligation of active participation of the Client. The Provider makes no guarantees or representations to the Client as to the achievement of any subjectively expected results or successes. The success of coaching depends largely on the client's own initiative, the willingness to continuously reflect and the implementation of the jointly developed measures and recommendations.

3. Conclusion of contract

3.1. The contract between the Provider and the Client is concluded upon the signing of an individual coaching contract between the contracting parties, or as soon as the Client makes a booking request (= offer of the Client by booking request) and the coach confirms the corresponding booking request
(= acceptance of the Provider by booking confirmation).

3.2. Booking requests are made via the Provider's website, if necessary with the help of external websites for booking appointments (e.g. Calendry), by e-mail or verbally.

3.3. The Provider confirms bookings made by customers in text form (e.g. by e-mail), if necessary in writing.

3.4. The Client undertakes to fill out the questionnaire enclosed in the confirmation email to the Provider upon receipt of the booking confirmation and to send it to the Coach by e-mail shortly before the first coaching service is provided.

3.5. By requesting to book coaching services from the Provider, the Client accepts these GTC in full.

3.6. The Provider has the right to reject booking requests in text form or in writing without giving reasons, in particular if there is no longer any capacity on the part of the Coach for further service provision.

4. Services of the coach, accessibility

4.1. Depending on the booking and, if applicable, further individual agreement, the Provider shall provide the coaching services in person, by telephone or online (e.g. video conference) for the agreed period and duration.

4.2. The Provider shall set fixed availability times for the Customer in each case. In the event of unforeseen events (e.g. sudden illness of the coach) or in legally recognised or apparent cases of force majeure, the provider is temporarily not obliged to guarantee its availability. This does not constitute a contractual violation by the coach.

4.3. The Provider makes every effort to respond to messages and inquiries in a timely manner, but does not guarantee an immediate response.

 

5. Remuneration and payment terms

5.1. The amount of remuneration is based either on the prices stated on the Provider's website for the respective coaching services or on the prices quoted to the Client in response to a specific request.

5.2. Payment of the Provider's remuneration shall be made in advance as part of the booking request process by direct debit via PayPal or, alternatively, at a later date by bank transfer to the bank account specified by the Provider to the Client for these purposes.

5.3. Instalment payments are only possible in justified exceptional cases and requires the express consent of the Provider in text or written form.

5.4. If the Client has booked a coaching package with a predefined contingent of coaching sessions, the holding of which may extend over several months, payment shall be made either in full via a one-time direct debit procedure of the online payment service "PayPal" (specifically PayPal (Europe) S.à r.l. et Cie, S.C.A.) or, if the Provider so provides, alternatively by means of PayPal subscription payment, i.e. by periodic direct debit procedures at the expense of the Client.  For payment transactions via PayPal, the respective PayPal Terms of Use apply, which can be accessed at the following Internet address (URL): https://www.paypal.com/de/legalhub/paypal/useragreement-full.

5.5. Bookings with one-time payment via the PayPal direct debit procedure are only effective if (i) the full payment of the booking price has been credited to the Provider's PayPal account and (ii) the Provider has confirmed the booking to the respective customer.

5.6. Bookings made using the PayPal Subscription Procedure payment option are only effective if (i) the predefined first instalment of the total Booking Price has been credited to the Provider's PayPal account and (ii) the Provider has confirmed the Booking to the respective Customer.

5.7. Bookings made with the bank transfer option are only effective if (i) the full receipt of payment can be ascertained in the bank account specified accordingly and (ii) the provider has confirmed the booking to the respective customer. The customer acknowledges that in normal banking transactions there may be delays in the crediting of transfers and that a booking confirmation from the provider may therefore only be issued after 3-4 working days.

5.8. Bookings which, in exceptional cases, are based on an instalment payment expressly authorised by the Provider, require (i) the receipt of payment of the first agreed instalment on the bank account specified by the Provider for these purposes and (ii) the corresponding booking confirmation by the Provider in order to be effective.

5.9. All prices include the statutory value added tax, if applicable.

5.10. If the Customer is in default with the payment of an instalment in an agreed instalment payment or if the collection of a partial payment within the framework of the PayPal subscription procedure fails and the Client is in default of payment for this reason, the Provider is entitled to demand default interest. The charging of default interest is based on the legal requirements of § 288 of the German Civil Code or Art. 1108 of the Spanish Civil Code.

5.11. If the Client is in default of payment for more than 14 calendar days, the Coach is entitled to temporarily suspend the provision of the contractually agreed services until all outstanding amounts have been settled. The cessation of services by the Coach does not release the Client from the obligation to pay the outstanding and due (instalment) amounts.

5.12. After a written reminder in text or written form and a further deadline of 7 or 14 calendar days, the Coach is entitled to terminate the contract extraordinarily in the event of a continuing default in payment. If a reminder is dispensable, e.g. in the event that the customer announces that he no longer wants to pay (partial) remuneration, the provider is entitled to terminate the existing contract with the customer immediately and extraordinarily.

6. Dates, cancellations and missed appointments

6.1. Coaching appointments are made exclusively by agreement between the Coach and the Client.

6.2. Agreed coaching appointments can be cancelled and/or postponed by the Client free of charge up to 48 hours before the start of the corresponding appointment.

6.3. Cancellations or postponements made by the Client less than 48 hours before the start of the relevant appointment shall be deemed to have been provided by the Coach. This also applies to appointments not attended by the customer and expressly confirmed in advance. In these cases, a partial or full refund of the remuneration or free rescheduling of the appointment is excluded.

6.4. If the Coach has to cancel an appointment for unforeseen reasons (e.g. illness or technical malfunctions), the Coach is obliged to arrange an alternative appointment in consultation with the Client without incurring any further costs.

7. Termination Terms

7.1. After receipt of the booking confirmation for a booked individual session, cancellation by the customer is excluded, subject to statutory cancellation provisions for consumers.

7.2. Coaching services that have already been started within the framework of booked coaching packages (see point 2.1 above) can be terminated with a notice period of one month to the end of the current month. The customer must give notice of termination of the relevant contract to the provider in text or written form (e.g. by e-mail). In the event of termination in due time, the Provider will no longer charge any further payments after the ordinary expiry of the contract. A refund of payments already made is excluded.

7.3. The Coach reserves the right to terminate contracts extraordinarily for good cause (e.g. repeated late payment or for behavioural reasons of the Client, e.g. inappropriate behaviour towards the Coach and lack of respect). In this case, unused services will be reimbursed on a pro rata basis.

 

8. Liability disclaimer

8.1. The Provider is generally not liable for damages to the Client, with the exception of damages based on proven intentional or grossly negligent breaches of duty by the Coach.

8.2. Liability for simple negligence is excluded, provided that no material contractual obligations are violated. In this case, liability is limited to the typical, foreseeable damage.

8.3. The Coach accepts no liability for any decisions or actions taken by the Client on the basis of the Coaching Process.

8.4. The Coach's liability is limited to the amount of the fee paid for the respective coaching session.

9. Exclusion of liability for content on the provider's website

9.1. The content on the Provider's website has been created with the greatest possible care and is for information purposes only. The provider does not assume any liability for the topicality, correctness, completeness or quality of the information provided.

9.2. The Provider's website may contain links to external third-party websites, the content of which the Provider has no influence on. The respective third-party provider or operator is always responsible for the content of the linked pages. The provider assumes no liability for the content of external websites. At the time of linking, the external content was checked for possible violations of the law; illegal content was not recognizable at that time. However, a permanent control of the linked pages is not reasonable without concrete indications of a violation of the law.

9.4. The Provider is not liable for damages that arise directly or indirectly from the use or non-use of the information provided on the Provider's website, unless these are based on intent or gross negligence.

9.5. The content published on the Provider's website does not constitute legal, financial, medical or other advice. In particular, the content does not replace individual counseling or therapy. The Provider does not guarantee that the content of the Website will achieve any particular results or be suitable for any particular purpose.

9.6. The Provider reserves the right to change, supplement or remove the content of the Website at any time and without prior notice.

 

10. Intellectual property in the contents of the website and materials

10.1. All content of the Provider's website, course materials, working documents, texts, graphics, logos, videos, audio files and other works provided in connection with the services of Life Coaching are protected by copyright. The provider remains the sole owner of all rights to this content.

10.2. The content may not be reproduced, distributed, made publicly available or used or exploited in any other way without the express written consent of the provider.

10.3. As part of the Coaching Services, the Client is granted a non-exclusive, non-transferable and time-limited licence to make personal use of the materials provided solely for their own purposes. The distribution, reproduction, editing or public distribution of the materials, in whole or in part, is expressly prohibited without the prior written permission of the provider.

10.4. Violations of the provisions on intellectual property may result in civil law (e.g. injunctive relief, damages) and criminal law under German law (§ 106 UrhG) and Spanish law (Article 270 ff. of the Código Penal).

10.5. All trademarks, logos and proprietary names used on the Provider's website or in the materials provided are the property of the Provider or third parties. Their use is prohibited without prior written permission.

11. Confidentiality and data protection

11.1. All information exchanged in the course of the cooperation between the Coach and the Clients, in particular personal, professional or sensitive data of the Client, as well as content, methods or materials of the Coach, will be treated confidentially. Disclosure to third parties is only permissible with the prior written consent of the party concerned.

11.2. The obligation of confidentiality shall cease to apply if:

a) there is a legal obligation to disclose;

b) an administrative or judicial order requires disclosure;

c) the information is already in the public domain or has become known without breach of the confidentiality obligation;

d) the disclosure is necessary for the enforcement of justified claims of the coach, for example for the assertion of payment claims. In this case, disclosure will be limited to what is strictly necessary.

11.3. If the Coach has to involve third parties for the performance of the contract, he shall ensure that they are also obliged to maintain confidentiality and comply with the level of protection of this confidentiality obligation.

11.4. The confidentiality obligation shall remain in force even after the termination of the contractual relationship, unless one of the exceptions specified in Clause 11.2 applies.

11.5. The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR). Details can be found in the separate data protection agreement.

 

12. Right of withdrawal (only for consumers)

12.1. Customers who are consumers within the meaning of § 13 of the German Civil Code (BGB) or Article 3 of the Real Decreto Legislativo 1/2007, Ley General para la Defensa de los Consumidores y Usuarios (Spain) and who have concluded the contract online, by telephone or by other means of distance communication, have a statutory right of withdrawal.

12.2. The revocation must be made within 14 days of the conclusion of the contract. The exercise of the right of withdrawal requires a clear declaration in text form (e.g. e-mail). In order to exercise the right of withdrawal, the customer sends the corresponding withdrawal to contact@martinarink.com

12.3. Further information on the right of withdrawal as well as a sample form can be found in the complete cancellation policy, which is provided on the Provider's website.

12.4. After exercising the right of withdrawal, the amount paid will be refunded within 14 days from the receipt of the withdrawal via the same means of payment used by the Customer in the context of the booking process, unless otherwise agreed between the parties.

12.5. If the Client has requested that the provision of the coaching services be commenced during the withdrawal period, a reasonable amount must be paid. This is calculated proportionately to the services already provided up to the time of revocation in relation to the total contractually agreed scope of services.

13. Agreement on Jurisdiction

13.1. For customers who are consumers and have their residence in Germany, the statutory provisions on jurisdiction apply to all disputes arising out of or in connection with this contract.

13.2. For Customers who are consumers and reside in Spain, claims under this Agreement may be brought either in the courts of the Customer's domicile or in the courts of Karlsruhe (Germany).

13.3. For companies or customers who do not have a general place of jurisdiction in Germany or Spain, Karlsruhe (Germany) is agreed to be the exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement. However, the coach is also entitled to file a lawsuit at the customer's headquarters.

 

 

14.  Governing law

14.1. German law applies to all legal relationships between the Coach and the Clients. If the customer is a consumer and has his residence in Spain, the mandatory statutory consumer protection regulations of the country in which the customer has his habitual residence remain unaffected.

14.2. German law shall apply to all disputes in connection with the use of the Provider's website, provided that there are no mandatory consumer protection provisions of Spanish law to the contrary.

The Intellectual Property Regulations are governed by the laws of the Federal Republic of Germany and, to the extent applicable, by the provisions of the Spanish legal system.

15. Severability clause

15.1. This is a translation of the original German text. This translation is furnished for the customer´s convenience  only. In the event of any inconsistency, the German version is the original language and the English version is a translation for information purposes only.

The original German text will be binding and shall prevail in case of any variance between the German Text and the English translation.

15.2. The invalidity of individual provisions does not result in the invalidity of the entire contract. Insofar as individual provisions are invalid, the content of the contract is primarily based on the statutory provisions. If no suitable statutory provisions are available, and no supplementary interpretation of the contract is possible, the parties will make an effective arrangement that comes as close as possible to the invalid provision from an economic point of view.

16. Changes and additions to the General Terms and Conditions

The Provider reserves the right to amend the General Terms and Conditions (GTC) relating to the Website or the Coaching Services at any time, with effect from the publication of an updated version of the GTC on the Provider's website. The updated date is indicated at the beginning of this document. The Provider will inform the Customer of any changes to the GTC in text form (e.g. by e-mail) at least six weeks before they come into force. The customer has the right to object to the changes within a period of six weeks from receipt of the notification. If the customer does not object within this period, the changes are deemed to have been accepted. In the notification of the change, the Provider will expressly inform the Customer of the significance of its silence and the deadline for filing an objection. If the User objects to the changes in due time, both parties reserve the right to terminate the contractual relationship extraordinarily.