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Terms and Conditions

The co-operation between the contracting entity (client) and contractor (INSTITUT SOMMERINSTITUT SOMMER is not only the name of our company, but also the expression of the approach we take towards the requests we receive. Read more here.... Read more, Coaching | Team and Personality Development) is based on the conditions of a service agreement. An order is placed on the basis of a cost estimate with performance specifications. For private individuals (coaching), the order is placed verbally in advance and commissioned. The aim of the co-operation between the contracting entity and the contractor is dependent on the service requested. In order to achieve these aims, both contractual partners consider themselves to be associated in a relationship of mutual trust.

Client’s duty of co-operation

The contracting entity is to ensure that all the necessary documents and details are submitted in good time to the contractor so that the latter can conduct its activities, that all information is provided to the contractor, and that it is informed of all procedures and circumstances. This also applies to documents, procedures and circumstances that do not become known until the contractor has already begun its activities. At the request of the contractor, the contracting entity is to confirm in writing the correctness and completeness of the documents submitted as well as the information and oral statements given.

Cost estimates and placing of order

Before the commencement of any cost-generating work, the contractor is to provide the contracting party with a cost estimate in written form. If the cost estimate is given orally, it should be noted in the minutes of a meeting. This process can also take place informally, by e-mail. An oral agreement is sufficient for long-term clients of the contractor’s facilitation services (process facilitation) (upwards of approx. 3 orders).

Invoicing on an hourly basis

Depending on the project, we charge for our services on an hourly basis where possible or in 15-minute units. When issuing invoices for larger or more comprehensive projects in which it is impossible to allocate interdisciplinary activities relating to the overall undertaking to individual projects, e.g. telephone calls with clients, meetings, new findings from the co-operation that affect several performance descriptions, etc., the total time involved will be recorded and distributed sensibly across the individual projects. Approx. cost estimates, calculated on an hourly basis, are based on experience and, depending on the projects, are difficult to assess and dependent on the adjustment phases and new insights arising from the co-operation between the contracting entity and the contractor.

Flat rate for the entire project

Depending on the project, and after prior agreement, we can also compile a cost estimate for the entire undertaking, e.g. for team developments and for process-oriented/leadership travel. The agreed remuneration must be paid if, despite completion, no use is made of exploitation rights. The determining factor here is the deadline stipulated in the agreement. Once the deadline has expired, the burden of payment rests with the contracting entity.

External costs

Any external costs incurred that are necessary for carrying out a project, e.g. to pay for couriers, postage, despatch/forwarding, etc., will be invoiced separately.

Travel costs and times

If travel is undertaken at contracting entity’s request, the latter bears the costs incurred, such as the hours worked, travel costs and expenses. We charge EUR 0.48 per kilometre travelled.

Modification or discontinuation of work

The contractual relationship will be agreed for an indefinite period or until completion of the services offered. Both parties can terminate the contractual relationship at any time without a notice period and without needing to give reasons. In the event of termination of the co-operation, the contractor will hand over all the work completed thus far to the contracting entity and will invoice the contracting entity for the expenditure incurred up to this point. If the co-operation is terminated by the contracting entity, the contractor is indemnified against any claims by third parties, particularly by suppliers of the contracting entity.

All services with a deadline for completion are excluded from this clause. In these cases, the agreed service payment deadline applies. Prepayments will be retained by the contractor.

Confidentiality

The contractor commits itself to handling the information that becomes known to it though its co-operation with the contracting entity, as well as the latter’s business secrets, in a confidential manner. The confidentiality obligation also applies after the co-operation has ended. The contractor is permitted to use its work results or sections thereof for self-promotion purposes – even after the contractual period has ended –free of charge.

Sects

The work of the INSTITUT SOMMER, Coaching | Team and Personality Development is developed on a scientific and practice-oriented basis – not on ideology or the cult of a sect. We therefore distance ourselves emphatically from organisations such as Scientology and similar, and reject any co-operation with this and similar organisations, as well as with companies with which they have close ties. We declare that our company and trainers/coaches do not work in accordance with a method (‘technology’) created by L. Ron Hubbard (e.g. the ‘technology’ for running a business) and/or other methods associated with him, but reject them completely. We object to any advertisements for training, courses or seminars that are based on an L. Ron Hubbard method or are influenced by these ‘technologies’ and refuse to disseminate information about such in our company. We do not organise any training, courses or seminars based on the abovementioned ‘technologies’ in our company and do not arrange for anyone to organise or visit them. We maintain no business relations with people, companies or organisations who/that promote the introduction of L. Ron Hubbard’s methods (‘technologies’) or support the dissemination of said methods (‘technologies’) created by him. We also refuse to knowingly support any companies or groups of companies that are run in accordance with L. Ron Hubbard’s methods (‘technologies’) or are influenced by them.

Guarantee and liability

The subject matter of the contract is the agreed activity or other services, irrespective of success. The contractor assumes no liability and/or guarantee for a desired positive outcome. This also applies to consequential damage. The contracting entity assumes entrepreneurial responsibility for the decision to implement in practice all measures arising from the INSTITUT SOMMER, Coaching | Team and Personality Development service programme. The contracting entity assumes full responsibility for itself and its own actions inside and outside the measures, and is itself liable for any damage caused. The service range offered by INSTITUT SOMMER, Coaching | Team- and Personality Development is not a therapy and cannot replace such. Normal mental and physical resilience is required. The institute works exclusively with healthy people.

Examination requirements

Examination modules 1 and 2 take place within the group, from 6 people upwards. The exam will take place on Friday and Saturday. If at least 4 people register, the Friday examination day is cancelled at no cost reduction for participants and the exam will only take place on Saturday. If the number of people registered is less than 4 then registration is postponed to the next scheduled date.

Cancellation

Appointments confirmed in writing for all services offered by the contractor (INSTITUT SOMMER, Coaching | Team and Personality Development) can be cancelled free of charge up to 6 weeks before the event is due to take place. Up to three weeks beforehand, the contractual partner can name a replacement date, but only once. Cancellations must be made in writing. The declarations of withdrawal with regard to the LEADERSHIP workshop series and the LEADERSHIP trips are treated separately and do not correspond to the cancellation regulations mentioned here. See the paragraphs provided in the General Terms and Conditions.

Withdrawal from the LEADERSHIP Coaching workshop series:

For cancellations made less than three weeks before the event is due to begin, 50% of the agreed fee plus any costs incurred will be invoiced to the contracting entity. For non-appearances or cancellations less than 10 working days beforehand, INSTITUT SOMMER, Coaching | Team and Personality Development will invoice the full fee. (This provision will only be set aside if the contractor (INSTITUT SOMMER, Coaching | Team and Personality Development) has laid down a project-specific, alternative provision in writing in advance.)

Withdrawal from LEADERSHIP Travel:

For cancellations made at least 90 days before the travel date, 50% of the travel costs will be invoiced,
For withdrawals 60 to 89 days before the travel date, 80% of the travel costs will be invoiced,
For withdrawals 0 to 59 days before the travel date, 100% of the travel costs will be invoiced.

Should an appointment for the provision of services by a counsellor/coach/trainer be missed due to force majeure, sickness, an accident or other circumstance that is not the fault of the adviser/coach/trainer then the latter is entitled to provide the services on a newly agreed date to the exclusion of any liability for damages.

Data transfer and retention obligations

After the completion of individual commissioned projects or the entire undertaking, all data and other material e.g. original documents will be handed over to the contracting party for safeguarding, in the case of data on a data carrier. The contractor may destroy any written records it has made during the course of the project once the work has been completed. This releases the contractor from its retention obligation. An invoice will be drawn up for time taken to compile and hand over data. Documents that are no longer needed, such as manuscripts, sketches, drafts or similar, may be immediately destroyed by the contractor.

Advance payment

Preparing an order at the contractor’s company requires time and initial costs. For this reason, an advance payment amounting to at least 40% of the overall order, if the order value exceeds EUR 4,000, is required after the order has been placed. We will start preparing the order as soon as we receive the advance payment and will do so in accordance with the timetable. If the advance payment is delayed, this may lead to delays in the timetable due to other orders.

Payment conditions

We invoice once all or partial services have been completed. Payment is due without deduction 14 days after receiving the invoice. In the event a late payment, the contractor reserves the right to charge the statutory default interest of 8% above the base rate. A discount deduction is not permitted. All prices indicated are subject to statutory VAT at the prevailing rate.

Payment conditions for the LEADERSHIP COACHING workshop series

Within the LEADERSHIP COACHING workshop series, the amount is due before the event takes place. Transfer of the amount by the due date is taken as a binding registration. The amount will not be refunded in the event of non-participation.

Place of performance is the business place of the contractor

The ineffectiveness of one of the aforementioned conditions has no impact on the validity of the remaining provisions. The ineffective condition shall be replaced by a provision that best reflects the intention of both parties within the boundaries of the law. In the event of a dispute arising from the conclusion, execution or termination of an order, the parties agree the business place of the contractor as the place of jurisdiction. Version: from 2005 onwards