MY GTC
General Terms and Conditions.
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts between the Client and the Provider (Christian Decker, Friedlgasse 40, 1190 Vienna) in the version valid at the time the contract is concluded.
1.2 The Client's general terms and purchasing conditions do not apply unless the Provider has expressly agreed to their validity in writing.
2. Offers and Conclusion of Contract
2.1 All offers by the Provider on the website, on social media channels or in other general information are non-binding.
2.2 Upon request and after briefing by the Client, the Provider will issue an individual offer outlining the services and fees. Offers remain valid for 21 days unless otherwise agreed in writing.
2.3 The contract between the Client and the Provider may be concluded in the following ways:
a) Conclusion of a contract on the basis of an individual offer:
The contract is concluded when the Client returns the signed offer. Submission by email is sufficient.
b) Conclusion of a contract following a prior briefing, particularly for individual coaching:
Where no separate written offer is prepared, the Client receives an online form after the briefing to provide the required client and billing details. A binding appointment can only be made once the completed form has been submitted and the Client has expressly agreed to the applicable General Terms and Conditions.
Submission of the online form alone does not create a contract. The contract is concluded when the Provider subsequently confirms the agreed appointment, in particular by email or a comparable electronic message.
2.4 Any amendments or additions made by the Client to an offer submitted by the Provider become part of the contract only if expressly confirmed by the Provider.
3. Fees, Expenses, and Payment Terms
3.1 Fees, reimbursement of expenses, and payment terms are defined in the respective offer. If the Client is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), fees include VAT; otherwise, they are stated without VAT.
Unless otherwise stated in the offer, the provisions in this section 3 apply.
3.2 The Provider reserves the right to adjust prices regularly for future contracts, subsequent bookings and additional services, particularly at the start of a new calendar year. The applicable fee is the fee agreed when the relevant contract is concluded or the binding booking is made. Price changes do not affect contracts already concluded or services already booked on a binding basis, unless expressly agreed otherwise with the Client.
3.3 Unless agreed otherwise in writing, fees and expenses are invoiced after service delivery.
3.4 The Client agrees to receive invoices in PDF format by email. Invoices are payable within 14 days without deductions.
3.5 Unless agreed otherwise in writing, if the service location is outside Vienna, the Client bears travel expenses to and from Vienna (official mileage allowance). If the location is more than 100 km from Vienna, the Client also covers reasonable overnight accommodation including breakfast. These costs will be coordinated in advance with the Client.
3.6 In case of payment default, the Provider is entitled to interest in accordance with Section 456 of the Austrian Commercial Code (UGB). Additionally, the Client must reimburse all reminder, collection, and legal costs necessary for appropriate legal enforcement. Business Clients must pay a flat fee of EUR 40.00 for a justified reminder. The assertion of further damages remains unaffected.
3.7 In the event of default, the Provider is entitled to suspend services temporarily and make further performance dependent on the settlement of outstanding amounts and/or a down payment.
4. Cancellation Terms
4.1 The Client may cancel the contract by paying a cancellation fee:
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Up to 28 days before the start of service: free of charge
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27 to 14 days before: 50% of the total fee
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13 to 7 days before: 75% of the total fee
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6 days or fewer before: 100% of the total fee
For individual coaching sessions:
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Cancellation up to 48 hours before: free of charge
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Thereafter: 100% of the total fee
In case of cancellation, the Client must reimburse the Provider for any already booked travel costs.
4.2 "Start of service" refers to the agreed start date. "Total fee" includes the fee for all services and all participants for the agreed contract duration.
5. Client's Obligation to Cooperate
5.1 The Client must provide the Provider with all necessary information and materials for delivering the agreed services in a timely manner – especially participant lists, schedules, equipment on site, desired content and materials, briefings for moderation or workshops, etc.
6. Materials and Online Training Content
6.1 All training materials provided by the Provider (e.g. handouts, presentations, videos) may be used by the Client only for private or internal company use. Any further use or distribution requires the Provider’s written permission. Copyright notices may not be removed without consent.
7. Warranty and Liability
7.1 Warranty is governed by statutory provisions.
7.2 The Provider is liable only for damages caused intentionally or through gross negligence by the Provider or its agents. This does not apply to liability for personal injury.
8. Set-off
8.1 The Client may only set off claims against those of the Provider if such counterclaims are legally connected, judicially confirmed, or acknowledged by the Provider, or in the case of the Provider’s insolvency. If the Client is a business customer, set-off is excluded unless otherwise agreed.
9. Right of Withdrawal for Consumers (Webshop Contracts)
9.1 If the Client is a consumer within the meaning of the KSchG and the contract is a distance contract or is concluded outside the Provider’s business premises within the meaning of the Austrian Distance and Off-Premises Contracts Act (FAGG), the Client may withdraw from the contract within fourteen days without giving any reason.
For service contracts, the withdrawal period begins on the date the contract is concluded.
To exercise the right of withdrawal, the Client must notify the Provider at
Christian Decker
Friedlgasse 40/7
1190 Wien
E-Mail: info@christian-decker.at
of the decision to withdraw from the contract by means of an unequivocal statement.
To meet the withdrawal deadline, it is sufficient to send the statement exercising the right of withdrawal before the withdrawal period expires.
9.2 Commencement of services before the withdrawal period expires
If the Client wishes the Provider to begin providing the agreed services before the fourteen-day withdrawal period expires, the Client must expressly request that performance of the contract begin before that period expires.
At the same time, the Client must confirm that the Client acknowledges that the right of withdrawal will be lost once the agreed service has been fully performed, provided the statutory requirements are met.
For consumers, services will therefore begin before the withdrawal period expires only if the Client has provided the declarations required for this purpose.
9.3 Withdrawal after services have begun
If the Client withdraws from the contract after expressly requesting under clause 9.2 that services begin during the withdrawal period, the Client must pay the Provider an amount proportionate to the services already provided up to the time of withdrawal, based on the total fee agreed in the contract.
9.4 Loss of the right of withdrawal upon full performance
The Client’s right of withdrawal under a service contract is lost once the Provider has fully performed the agreed service, provided that the Client previously expressly consented to or requested performance before the withdrawal period expired and confirmed acknowledgement that the right of withdrawal would be lost upon full performance of the contract.
9.5 Consequences of withdrawal
If the Client validly withdraws from the contract, the Provider must refund all payments already made by the Client, except to the extent that they relate to services payable under clause 9.3, without undue delay and no later than fourteen days after the Provider receives the notice of withdrawal.
The refund will be made using the same payment method used by the Client for the original payment, unless expressly agreed otherwise. The Client will incur no additional costs as a result.
10. Amendments to the GTC
10.1 The Provider may amend these General Terms and Conditions with effect for future contracts. Contracts already concluded are, in principle, governed by the version of the General Terms and Conditions validly agreed when the contract was concluded.
11. Final Provisions
11.1 Place of performance is the Provider’s business location.
11.2 Contracts are governed exclusively by Austrian law, excluding the UN Sales Convention and conflict of law rules.
11.3 The contract language is German. Translations serve only as orientation. The German version is legally binding.
11.4 Dispute resolution bodies for consumers:
Internet Ombudsstelle
c/o Österreichisches Institut für angewandte Telekommunikation (ÖIAT)
Ungargasse 64-66/3/404, 1030 Vienna
Tel: +43 1 595 211 275, kontakt@internetombudsstelle.at
Verein "Schlichtung für Verbrauchergeschäfte"
Mariahilfer Straße 103/1/18, 1060 Vienna
Tel: +43 (0)1 890 63 11, office@verbraucherschlichtung.at
The Provider will decide on a case-by-case basis whether to participate in dispute resolution procedures.
11.5 The European Commission provides an online dispute resolution platform: https://ec.europa.eu/odr
11.6 The exclusive place of jurisdiction for all disputes arising from this agreement is the competent court at the Provider’s business location. For consumers residing or working in Austria, alternative jurisdiction provisions apply under the KSchG.
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