Terms and Conditions (GTC)
Validity of the General Terms and Conditions By placing an order, the customer accepts the General Terms and Conditions. Contractual agreements that deviate from or supplement the GTC must be in writing to be effective. This also applies to the change in the written form requirement itself. The general terms and conditions of the customer are not part of the contract, even if EAM has not expressly objected to them.
1. Customer’s obligation to cooperate
The customer must ensure that EAM receives all information and documents necessary for the fulfilment of the contract no later than two weeks before the date. If, in the course of preparing for the appointment, it should emerge that additional information and documents are required, the customer must provide these immediately upon written request.
EAM strives for a partnership relationship with the client. If a coaching, training, seminar, workshop, webinar or consultation is cancelled by the client, it is usually no longer possible for EAM to adequately plan and allocate the capacity of the coach, trainer, seminar leader or consultant that has become free in the short term. In order to appropriately distribute the financial risk between the contracting parties in the event of a cancellation, the following cancellation conditions apply: When booking daily appointments and webinars, the cancellation is free of charge for the client up to six weeks before the start of the appointment, up to three weeks before the start of the appointment a cost burden of 50% of the agreed remuneration less than three weeks before the start of the appointment, 100% of the agreed remuneration will be charged. If the booking includes several consecutive days, the first day is decisive for calculating the period between cancellation and start. When booking individual hours (e.g., for coaching), the cancellation is free of charge for the client up to four days before the start of the appointment, within three days before the start of the appointment or on the day of the appointment itself with a cost charge of 100% of the agreed remuneration. In any case of cancellation, the customer must reimburse EAM for any costs that have already arisen as a result of the commissioning of third parties. This applies, for example, to costs for rented rooms, the production of printed matter, booked and non-cancellable trips and/or overnight stays or any cancellation fees incurred in the event that trips and/or overnight stays are cancelled.
3. Payment and Default
The agreed remuneration and any ancillary costs are due for payment within 14 days of invoicing without deduction. In the case of bank transfer or check deposit, the date of crediting to our account counts as receipt of payment.
4. Incidental Expenses
Necessary costs for the rental of rooms and hospitality, travel and accommodation expenses of the coach, trainer, seminar leader or consultant, which are incurred to attend the booked appointment, are to be paid by the client in addition to the agreed remuneration. The costs incurred will be charged to the employer.
5. Prevention of EAM
In the event that the EAM coach, trainer, seminar leader or consultant is unable to attend through no fault of his own (e.g., due to illness) and the booked appointment is therefore cancelled, the client will be reimbursed any remuneration already paid. Any further claims of the customer for reimbursement of any other costs incurred or other damage are excluded.
6. Retention of Title
All items delivered by EAM to the customer or provided for the fulfilment of the contract remain the property of EAM until the agreed remuneration has been paid in full. In the event that the agreed remuneration is not paid in full, the customer must return the delivered or provided items to EAM at its own expense or reimburse EAM for the costs incurred for collection. The same applies to the use and provision of methods and/or instruments developed or purchased by EAM or EAM partners.
All documents, methods and instruments created, used and/or made available to the client by EAM on the basis of the order placed for the purpose of fulfilling the contract are protected by copyright. Unless the customer has been expressly granted a right of use, the customer is prohibited from using these documents in whole or in part for his own purposes and/or towards third parties and/or passing them on to third parties.
EAM is liable for complying with contractually agreed obligations, whereby liability is only limited to the agreed service fee. The EAM is not liable for further costs and/or expenses incurred by the client as a result of the cancellation in accordance with point 2 of these GTC.
Otherwise, EAM is only subject to legal liability in the event of intent and gross negligence and in the event of damage resulting from injury to life, limb or health of persons, and otherwise only in the event of a breach of an essential contractual obligation, the fulfilment of which is essential to the proper execution of the contract made possible in the first place and on whose compliance the client may regularly rely (cardinal obligations), whereby the amount of liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded.
In addition, any liability of Goldberg GmbH and its vicarious agents is expressly excluded.
9. Jurisdiction and Governing Law
For any disputes arising from and in connection with the order placed, the parties agree that the place of jurisdiction is Munich. The EAM remains at liberty to sue the customer at the general place of jurisdiction that is otherwise responsible for him. German law applies exclusively. This also applies if it is a foreign client and no deviating individual agreement has been made.
10. Final Provisions and Severability Clause
By concluding the contract, the client irrevocably agrees to the validity of these GTC.
EAM reserves the right to change these terms and conditions at any time without stating reasons with effect for future contracts. The new terms and conditions also apply to contracts already concluded between the client and EAM, but not yet carried out further training, provided that the client notifies at least four (4) weeks in advance of the new terms and conditions coming into force and the validity of the new terms and conditions not within two (2) weeks after receipt of the notification. In the notification, the customer is informed of his right to object and the importance of the corresponding objection period.
Should individually provisions of these General Terms and Conditions be or become wholly or partially invalid, impracticable or unenforceable, this shall not affect the validity, feasibility and enforceability of the remaining provisions. In place of the ineffective provision, another appropriate provision shall come into force, to the extent legally permissible, which comes closest to the economic result that the contracting parties wanted or would have wanted, taking into account the common practice, from an economic point of view and in good faith, if they invalidity of the regulation would have considered. This paragraph also applies accordingly in the event of a contractual gap.