GENERAL TERMS AND CONDITIONS OF BUSINESS
simpsonprotocol-schwaighofer.com - Mag. Sandra Schwaighofer
§ 1 Scope of application
1.1 These General Terms and Conditions apply to all services between Sandra Schwaighofer, Paris-Lodron-Straße 19/29, 5020 Salzburg, AUSTRIA, hereinafter referred to as "MTHC" and the client (consumer).
1.2 Other terms and conditions apply to coaching and seminars.
§ 2 Conclusion of contract
2.1 The following regulations on the conclusion of the contract apply to enquiries via the website www.simpsonprotocol-schwaighofer.com, by email transform@simpsonprotocol-schwaighofer.com and become part of all agreements on remuneration.
2.2 The presentation of the service on www.simpsonprotocol-schwaighofer.com does not constitute a legally binding offer of contract. By requesting the desired service, the client makes a provisional offer for the conclusion of a contractual relationship.
2.3 A contractual relationship comes into being through confirmation and agreement of an appointment. Details about the agreed service result from the remuneration agreement.
2.4 The agreement of an MTHC session for third parties is excluded.
§ 3 Scope of services, provision of services
3.1 Sandra Schwaighofer is obliged to make a serious effort to help the client to reach an ideal mental state. Success is not promised and cannot be guaranteed. Success does not become part of the contractual relationship.
3.2 The place of performance is the registered office of MTHC or a virtual online session. Other arrangements may be agreed. If necessary, travel expenses will be invoiced.
3.3 The service amounts to one session, unless otherwise agreed. The day and duration (date of the session) shall be agreed in advance. An extension or postponement of the session due to the client's delay or non-attendance of the appointment is generally not possible.
3.4 The techniques used expressly do not constitute a subcategory of psychotherapy or similar.
An injury of the body, life or health, by the techniques applied by the MTHC is not possible with the client. An exclusion of liability expressly does not arise.
§ 4 Remuneration, due date
4.1 The amount of remuneration results from the remuneration agreement.
4.2 Payment can be made in cash, by EC/credit card or by bank transfer.
In the case of payment in cash or by EC/credit card, the remuneration shall be due before the beginning of the meeting.
If payment is made by bank transfer, the invoice amount is due no later than three days before the session.
4.3 If several sessions are agreed upon, the respective invoice amount for the following session shall be due no later than three days before the session.
4.4 Failure to attend the appointment of the session constitutes a unilateral breach of contract, the invoice amount will be due in full.
4.5 The invoice amount shall not be due if the client cancels or reschedules the session no later than three working days before the date of the session.
4.6 In the event of the session being cancelled for a reason for which MTHC is demonstrably responsible, no costs will be invoiced.
4.7 The minimum fee for a session is EUR 225.
§ 5 Liability
5.1 MTHC's liability is limited to the invoice amount paid in the event of a slightly negligent breach of its contractual obligations.
5.2 Liability for damages resulting from injury to life, body or health due to at least a negligent breach of duty and for damages due to at least a grossly negligent breach of duty remains unaffected.
§ 6 Cooperation of the client
6.1 The client is expressly obliged to inform MTHC before the appointment is made whether there are any physical or mental illnesses or whether there have been any mental illnesses in the past.
6.2 The likelihood of a successful session is increased insofar as the client complies with MTHC's instructions.
§ 7 Termination of session, refusal
7.1 MTHC is entitled to terminate a session in progress if it becomes aware that the client has breached an obligation under clause 6.1 of these General Terms and Conditions.
7.2 Furthermore, MTHC is entitled to refuse a request or to terminate a session on the basis of subjective considerations, provided that there is a justified interest in the termination for one of the contracting parties. A legitimate interest may be the non-existence of a necessary relationship of trust.
7.3 If the session is terminated by the client or MTHC after it has commenced, the minimum fee according to § 4.7 of these general terms and conditions is due.
§ 8 Data protection
8.1 The client requests one or more session(s), with a number of persons determined in advance, by MTHC. For their implementation, in particular preparation and establishment of contact, MTHC, or its employees, shall be allowed to receive and store all relevant data of the client(s).
The work with the client(s) in the sense of this provision shall be carried out by Sandra Schwaighofer herself.
8.2 With the request, the client expressly consents that all personal data, as well as health data, if applicable, may be stored within the framework of the legal regulations of the European Data Protection Regulation DSGVO* and processed for the purpose of administration and implementation by MTHC personally and its employees.
8.3 This consent applies irrespective of the conclusion of the remuneration agreement.
8.4 The client data will be deleted after the last hypnosis session in accordance with the legal provisions.
8.5 Client data will not be passed on to third parties.
8.6 The client data is stored on an external, encrypted storage device and cannot be viewed by unauthorised third parties. Storage on online servers or on third-party platforms does not take place.
8.7 The client has the right to be informed at any time about the location and scope of the stored data, furthermore the client will be informed about his rights to delete, block and change his data.
8.8 The client may object to audio or video recording before the session. He/she shall be expressly informed of this right.
§ 9 Documentation
9.1 MTHC documents the individual sessions in a manual file and/or on audio or video recordings. The purpose of this is to ensure that no rights or legal interests of the client and of MTHC are violated, impaired or otherwise attacked.
Furthermore, this documentation will be presented as evidence of the proper performance of the contract if required.
9.2 The documentation can be viewed by the client at any time and can be terminated or waived in advance at the client's request.
9.3 A publication of the audio or video recordings expressly does not take place. The parties to the contract may agree otherwise.
§ 10 Final provisions
10.1 German law shall apply exclusively.
10.2 Should any provision of this Agreement or any future provision incorporated herein be wholly or partially invalid or unenforceable or subsequently lose its validity or enforceability, the validity of the remaining provisions of this Agreement shall not be affected thereby. The same shall apply if it should turn out that the contract contains a loophole. In place of the invalid or unenforceable provision or in order to fill the loophole, a provision shall apply which best corresponds to the valid or unenforceable provision from an economic point of view within the scope of what is legally permissible or, in the case of a loophole, which takes into account what the contracting parties would have intended according to the meaning and purpose of the contract if they had considered the point when concluding this contract or when subsequently including a provision. This shall also apply if the invalidity of a provision is based, for example, on a measure of performance or time (period or date) prescribed in the contract; a legally permissible measure of performance or time (period or date) which comes as close as possible to the intended one shall then be deemed to have been agreed.
10.3 Salzburg/AUSTRIA is agreed as the place of jurisdiction, insofar as permissible.
* Information on this: https://dsgvo-gesetz.de/
