1st chapter

Scope and Applicable Law

1 Scope

(1) The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs

Alexandra Fischer

Dipl.-Ing.

Drostestrasse 21

70499 Stuttgart

hereinafter referred to as "I". The legal transactions can take place in person, by post, by e-mail, by messenger, in the initial consultation via Zoom or via the website.

(2) The language available for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. The German text takes precedence in the event of any differences in language usage.

(3) These General Terms and Conditions apply exclusively. I do not recognize any conditions that conflict with or deviate from these GTC, unless I have expressly agreed to their validity in writing or in text form.

(4) In individual cases, I use an additional agreement in addition to these General Terms and Conditions. This is concluded separately between us and, in case of doubt, takes precedence over these General Terms and Conditions.

2 Applicable Law and Consumer Protection Regulations

(1) The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN sales law applicable in Germany if:

a) you order as an entrepreneur,

b) you have your habitual residence in Germany or

c) your habitual residence is in a country that is not a member of the European Union.

(2) In the event that you are a consumer i. s.d. § 13 BGB and you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.

(3) A consumer within the meaning of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

(4) The version of these GTC valid at the time of booking applies.

(5) The prices at the time of booking apply.

(6) If certain discount or special offers are advertised, these are limited in time or quantity. There is no entitlement to it.

Part 2 Formation of the contract, payment modalities, term of the contract and revocation

3 Subject of the contract

(1) The subject of the contract can be the following services (although the list is not exhaustive): 

• 1:1 coaching and mentoring programs, group programs and events (online and offline), retreats, seminar trips and workshops in Germany and abroad 

(2) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.

4 Prices, terms of payment and due dates

(1) My prices are gross prices (including statutory VAT, shown for Germany).

(2) An invoice will always be sent to you by email in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to me immediately.

(3) Access to the respective services is dependent on prior receipt of payment. As soon as I have received your payment or down payment, you are entitled to my corresponding consideration from this point in time.

(4) In some cases I also offer payment in installments. The total amount may be higher compared to a full payment. I will let you know this amount in advance. A premature termination of an agreed installment payment agreement is possible by way of early repayment. You have the right to pay the full amount (but then the possibly increased installment payment amount) at any time before the end of the agreed time in part or in full.

(5) Interest in the agreed amount (amount paid in installments is usually higher than for a one-off payment) as well as costs for appropriate reminders are incurred for late payments, both for purchases and for installment purchases. If the internal dunning process is unsuccessful, I can hand over the open claim to a lawyer for enforcement. In this case, you will incur costs for the use of legal representation.

(6) If we have agreed to pay in installments and you do not pay after a written reminder and a grace period have been set, I am entitled to end the installment payment prematurely and the entire outstanding amount is then due immediately.

(7) You are not entitled to assert a right of retention against my payment claims or to set them off; unless it concerns undisputed or titled counterclaims.

(8) If a Sepa direct debit mandate you have given is canceled without a legal reason, you must pay not only the bank fees for returned direct debits, but also legal advice. Such an approach can also have criminal consequences.

(9) If you are in default of payment or otherwise in arrears, I am entitled to refuse the service or delivery until all payments due have been made. I am also entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights apply without prejudice to other contractually agreed or statutory rights and claims of me.

5 Formation of the contract

5.1 The following applies to bookings made verbally, by telephone, in writing, by e-mail, SMS, WhatsApp, a messenger service, via my contact form or directly via my appointment booking tool:

(1) In the case of 1:1 coaching/mentoring, a group program or a retreat, the preparatory initial discussion between me and you forms the basis for my performance. You contact me via e-mail or messenger or book your free initial consultation by e-mail.

The initial consultation lasts 15 minutes. The first meeting takes place via Zoom.

(2) As soon as we have arranged an appointment, you will receive an appointment confirmation from me. In this e-mail you will also find my current terms and conditions and a declaration of consent to the processing of your personal data.

(3) In the first meeting we clarify whether my offer is suitable for you and your request.

(4) Offer: With the booking you offer me the conclusion of a binding contract.

(5) Acceptance: The contract between me and you comes into effect when you receive my confirmation e-mail.

(6) Payment by bank transfer or PayPal is available as a payment option. You will receive an invoice from me by email. As soon as your payment or deposit has been received, you are entitled to my corresponding consideration.

a. Bank transfer: I will email you the invoice as a PDF file. You then transfer the specified amount to my business account.

b. PayPal: By selecting the "PayPal" payment method, you will receive a PayPal link to my account via email. After successful registration, your address and account data stored with PayPal will be displayed. Payment is processed via PayPal on their terms. The service provider is PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useagreement-full.

6 Right of withdrawal for consumers

(1) As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix.

(2) The cancellation period begins with the conclusion of the contract. The contract is concluded at the moment when you receive the confirmation e-mail of the purchase from me.

You can cancel your purchase within 14 days free of charge.

(3) Services such as 1:1 coaching/mentoring, group programs and retreats and seminar trips have the following special features with regard to the right of withdrawal:

a) If you purchase these services and I am to start with the service directly or within the 14-day cancellation period, you waive your right of cancellation to this extent.

b) I point this out directly in MY OFFER with the following passage: "You expressly request that I start the service before the end of the cancellation period of 14 days. You are aware that you will lose your right of withdrawal if I provide the service in full. In the case of a proportionate service to you (as a customer) within the cancellation period, I am entitled to the consideration (payment) for the service provided - even in the event of a cancellation.

7 Contract Term and Termination

(1) The respective term of our contract depends on the program booked. As a rule, the contract ends automatically upon fulfillment. This means that you paid my entire fee and I provided the corresponding consideration.

(2) The extraordinary right of termination of each party remains unaffected. An extraordinary right of termination on my part exists in particular if you are in arrears with payments more than 2 times, if you intentionally violate provisions of these General Terms and Conditions and/or intentionally or negligently committed prohibited actions or our relationship of trust is permanently disturbed.

Part 3 Details of the range of services and cancellation conditions

8 Duration and location of the programs offered

(1) The duration depends on the booked program.

(2) Usually there are 1:1 coaching/mentoring programs, group programs as well as retreats, seminar trips and workshops.

(3) Unless otherwise agreed between us, the mentoring and group programs take place online via Zoom. A recording will be made available later for those participants who cannot be there live.

(4) The retreats, seminar trips and workshops take place at the location specified in the program or online via zoom.

9 Scope of Services and Services Not Used

(1) The scope of the product depends on the program booked.

(2) If a booked appointment is repeatedly canceled by a participant in the 1:1 coaching/mentoring program, no further appointment has to be offered. This appointment then expires. The right to payment for the appointment remains. Payment for the appointment will be retained. There is no right to a refund.

(3) The duration of the 1:1 coaching/mentoring program can be found in the respective program. Alternative dates for canceled dates can be agreed up to a maximum of 3 weeks after the end of the program.

(4) Since the appointments take place online, it is possible to look up the recorded appointments, especially for group appointments. There is no entitlement to attend the event live. The dates will be communicated in good time so that the participants can reserve the time for them.

(5) If you cancel a booked 1:1 coaching/mentoring or group program, you are not entitled to a refund of the payments you have made.

(6) The specified procedure for retreats, seminar trips and workshops can be subject to changes for various reasons, such as the political situation, natural phenomena, health conditions and the like and is therefore not binding.

(7) If you do not make use of individual services that are included in the price of a retreat, seminar trip or workshop for reasons that are attributable to you, you are not entitled to a pro rata refund of the price for the retreat, seminar trip or workshop the workshop.

11 Cancellation of 1:1 coaching/mentoring and group programs including retreats, seminar trips and workshops on my part

(1) I am entitled to cancel a program at short notice if the minimum number of participants specified in the program has not registered.

(2) I am also entitled to cancel a program if the speaker falls ill at short notice and no replacement can be found.

(3) In cases 1 and 2, we will first try to find an alternative date. If this is not possible, you will get the participation fee back. Further costs, such as accommodation and travel expenses, that you have incurred will not be covered.

(4) If a participant behaves in breach of contract by violating these General Terms and Conditions, I have the right to exclude him from the program. This is particularly the case if the participant disrupts the course of the program and does not stop even after being asked to do so, or if a participant repeatedly fails to keep to agreements that have been made (e.g. appointments). In this case, no costs will be reimbursed.

12 Cancellation of retreats, seminar trips, workshops and live events

(1) If you want to withdraw from a retreat, a seminar trip, a workshop or another live event you have booked, you must notify me of the withdrawal in writing to the above address. If you cancel after you have registered, the following cancellation fees will apply:

Up to 90 days before the start of the retreat, seminar trip, workshop or live event: 50% of the total price

From 89 days before the start of the retreat, seminar trip, workshop or live event: 100% of the total price

(2) I recommend that you take out travel cancellation or seminar cancellation insurance for workshops and other live events.

(3) For retreats and seminar trips, it is mandatory to take out travel cancellation or seminar cancellation insurance (worldwide travel health insurance, travel cancellation, travel interruption and travel accident insurance). By booking, you undertake to take out appropriate insurance.

4. Part rights and obligations of the customer

13 Right to use the digital content or the documents from the 1:1 mentoring/coaching and the group programs including retreats, seminar trips and workshops

(1) You may only access (download) and print audio, video and PDF files and other documents for your own use. Downloading and printing files is only permitted within this framework. In this respect, you may also have the printout made with the technical support of third parties (e.g. a copy shop). Apart from that, I reserve all rights of use to the files and documents. This means that the samples and documents and also the knowledge imparted may not be made accessible to third parties, neither free of charge nor subject to a charge. The documents are also not intended for use as a consultant.

(2) Therefore, in particular, the production of copies of files or printouts for third parties, the transfer or forwarding of files and documents to third parties or other use for purposes other than one's own study, whether for a fee or free of charge, requires during and also after the end of the express previous written consent from me.

(3) The trademarks and logos listed on the documents enjoy protection under trademark law and copyright law. You are obliged to use the documents and files accessible to you only within the framework expressly permitted here or by virtue of mandatory legal regulations, even without my consent, and not to promote unauthorized use by third parties. This also applies after termination, revocation or termination of participation.

(4) Forms of use that are permitted due to mandatory legal provisions are of course excluded from this reservation of consent.

14 Collection, storage and processing of your personal data

(1) In order to carry out and process a booking, I need the following data from you:

• First and last name, address, e-mail address, for entrepreneurs also company name and VAT ID no.

Which specific data is absolutely necessary results from the mandatory fields depending on the product.

(2) In the case of paid services, the information on the name, in particular the company name, must be correct. The same applies to the address. The invoices are created on the basis of this information. If corrections are necessary here, this can lead to additional work, which I will charge at a reasonable rate.

(3) If you change your personal information, especially if you change your email address, please send an email to connect@alexandra-fischer.com.

15 Own provision of suitable IT infrastructure and software

You are responsible for providing and guaranteeing Internet access (hardware, telecommunications connections, etc.) and the other technical equipment and software I need to use my online offers (in particular web browsers and PDF programs such as Acrobat Reader®, Zoom) himself and at his own expense and risk.

16 General information on 1:1 coaching/mentoring and group programs including retreats, seminar trips and workshops by me(1) The programs offered are based on cooperation.

(2) Participation in the programs requires a willingness to learn on your own responsibility. I cannot promise any specific success for these processes. I am only a process facilitator and provide assistance, samples and instructions. You alone are responsible for implementing and making decisions.

(3) You are fully responsible for your physical and mental health both during 1:1 sessions or while participating in group programs as well as in the phase between the appointments and afterwards. Any actions you may take as a result of mentoring or participation in group programs are your own responsibility. If you have a mental illness/have been diagnosed by a doctor, then ask your doctor whether participation in one of the programs offered can make sense. I reserve the right to cancel the program or your participation in group programs in such cases.

17 Know-how protection and confidentiality

(1) You are aware of the fact that all information that you receive during our cooperation about the way I provide my services (ideas, concepts and operating experience (know-how) developed by me) and that due to legal regulations or the nature are to be kept secret in substance, are subject to business secrets. For this reason, you undertake to keep business secrets and to maintain silence about the aforementioned information.

(2) Within the framework of a reference agreed in writing, you are entitled to speak/write with me about the way of working with me.

(3) The obligation to secrecy is effective beyond the end of our cooperation.

(4) The following information is not affected by confidentiality:

• were already known before the confidentiality obligation,

• which were developed independently by me,

• Was or is publicly available when the information was received or subsequently became publicly available through no fault of your own.

(5) A reasonable contractual penalty shall be due for each violation of the confidentiality obligation.

5. Confidentiality and liability regulations

18 Confidentiality of both parties

(1) I undertake to keep all confidential information about you confidential for the duration and also after the end of the booked program.

(2) You are obliged to maintain secrecy about all information to be treated as confidential, which you become aware of in the course of the cooperation, and to use this information towards third parties only with my prior written consent. This also applies to all documents that you receive from me as part of the coaching program or that you have access to.

(3) In group programs, the duty of confidentiality also applies to confidential information about the other participants that you learn about them as part of the program.

19 Liability for Content

(1) In the 1:1 coaching/mentoring and group programs including retreats, seminar trips and workshops, I show options for action and, if necessary, give general recommendations for action. You alone are responsible for implementation and making decisions.

(2) The files and documents I issue are samples that you have to adapt to your needs. No liability is assumed for the completeness and topicality of these samples.

(3) I reserve the right to optimize and adapt the content at any time.

20 Limitation of Liability

(1) I am liable for intent and gross negligence. Furthermore, I am liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and the observance of which you can regularly rely on. In the latter case, however, I am only liable for the foreseeable, contract-typical damage. I am not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.

(2) In the case of retreats and seminar trips, I am not liable for the various types of risks that may arise as a result of an adventure trip. This applies to all activities as part of a retreat or seminar trip. I am not responsible for lost or damaged luggage. You are responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, are at your expense. I am not responsible for delayed or missed flights and connecting flights. If, for whatever reason, you arrive after the start of the retreat or tour, you must join the group independently and at your own expense. There is no entitlement to compensation for any missed services. You confirm that you will not assert any claims for damages against me or my representatives and that you will pay for any damage caused by you.

(3) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, I am not liable for the constant and uninterrupted availability of the offer.

(4) All of the above limitations of liability also apply to my vicarious agents.

21 Force Majeure

(1) Force majeure occurs when an external event occurs that has no operational connection and cannot be averted even with the utmost care that could reasonably be expected. Force majeure is to be assumed in the case of natural disasters (floods, earthquakes, natural disasters, storms, hurricanes, fire) and political events (wars, civil wars).

The lists are not exhaustive, events comparable to those mentioned in paragraph 1 also fall under the concept of force majeure.

(2) The party that first learns of the event will promptly inform the other party.

(3) In the event of force majeure within the meaning of paragraph 1, we agree that the contractual services will initially be suspended for the duration of the hindrance. This means that the services of both parties will be discontinued for the time being. Fees already paid for programs, retreats, events, courses etc. remain with me for this time. If you still have to make payments, you still have to make the payments for services already provided. For services that have not yet been rendered, you can pause payment for the period of the contract suspension.

After the end of the unforeseeable event, the contract is resumed.

Any further possible damage is borne by each party for itself.

(4) If the event lasts longer than 18 months, we are both entitled to terminate the contract in text form with a notice period of 3 weeks to the end of the month.

The services already provided by me are to be paid by you. Any fees paid in advance are to be reimbursed by me. If you have made a payment to secure a guaranteed place in one of my retreats, seminar trips, workshops and events, this fee will not be refunded, as the consideration for securing a place was provided by me and accrues regardless of whether or not that event takes place or not. Even in the case of this termination, each party bears further damage (e.g. hotel bookings, flight bookings, etc.) itself.

(5) In the event that the event lasts longer than 18 months, the contract will be terminated. A final invoice will then be drawn up by me. This statement lists my services and the payments you have made. In the event that you still have to make payments for services already provided, these must be paid within 14 days of receipt of the final statement.

If there is a credit in your favour, it will be paid to you within 14 days after the final statement has been sent. The final statement can be sent as a PDF attachment by e-mail. Further claims due to force majeure are excluded. Each party bears the damage incurred for itself.

(6) In the event of force majeure within the meaning of paragraph 1 and for the effects of the events mentioned in paragraph 1, in particular for travel restrictions imposed by the state, I will not pay any compensation if I have to cancel or change your retreat, seminar trip or event.

Especially my retreats and seminar trips are about a nature experience that is subject to the weather conditions. I have prepaid all program costs including accommodation and boat charter etc. in full. These costs are non-refundable. Therefore, should a program or part of it be cancelled, there will be no refunds or replacement programs. It is therefore mandatory that you take out adequate travel insurance that will also cover the cancellation costs in this case. In this case, too, each party shall bear the damage incurred for itself.

6. Final Provisions and Place of Jurisdiction

22 Modification of these GTC

These GTC can be changed if there is a factual reason for the change. This can be, for example, changes in the law, adjustments to my offers, changes in case law or a change in the economic situation. In the event of significant changes that affect you, I will inform you in good time about the planned changes. You have a 14-day right of withdrawal after the information. After this period has expired, these new regulations have become an effective part of the contract.

23 Final provisions

(1) The terms and conditions written here are complete and conclusive. Changes and additions to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between us about the agreed content of the contract - e-mail (text form) being sufficient.

(2) If you as a consumer had your domicile or usual place of residence in Germany when the contract was concluded and either relocated from Germany at the time I filed a complaint or your domicile or your usual place of residence is unknown at this time, the place of jurisdiction for all disputes is the Headquarters of Alexandra Fischer in Stuttgart. For merchants within the meaning of the German Commercial Code, legal entities under public law or special funds under public law, the place of jurisdiction is the registered office of Alexandra Fischer.

(3) I would like to point out that, in addition to the ordinary legal channels, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. You can find details on this in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr

I do not participate in the dispute resolution process.

(4) Should individual provisions of this contract be or become invalid, the rest of the contract shall not be affected thereby. The scope of services agreed in the regulation must then be adjusted to the legally permissible extent.

Version 02

Status 01/2023