Based on these General Terms and Conditions (GTC), the following contract is concluded between the client and
Sina Gunkel Coaching, Mentoring & Beratung
Sina Gunkel
Wohlwillstraße 11
20359 Hamburg
info@sinagunkel.com
These General Terms and Conditions (GTC) govern the business relationship between Sina Gunkel Coaching, Mentoring and Consulting – Sina Gunkel and the client, insofar as nothing to the contrary has been agreed in writing between the parties.
§ 1 Application of the General Terms and Conditions
The General Terms and Conditions accepted by both parties govern the business relationship between the coach and the client as a coaching contract in the sense of §§ 611 ff BGB, insofar as nothing to the contrary has been agreed in writing between the parties.
The contract is concluded when the client accepts the coach’s general offer to coach anyone in overcoming social conflicts or other purposes outside of healing, and turns to the coach for the purpose of coaching, mentoring and/or consulting, also including conversations, exercises for self-experience and relaxation exercises.
The coach is entitled to refuse a coaching contract without giving reasons if the necessary trust relationship cannot be expected, if the coach cannot or is not allowed to coach due to her specialization or for legal reasons, or if there are reasons that could bring her into a conflict of conscience. In this case, the coach’s fee claim for the services rendered up to the time of the refusal of the coaching shall remain.
§ 2 Content of the Coaching Contract
The coach provides her services to the client in the form of applying her knowledge and skills for coaching, mentoring and consulting. The coach is entitled to use the methods that correspond to the presumed client, insofar as the client does not make a decision about this. A subjectively expected success of the client cannot be promised or guaranteed. The coach is not allowed to issue sick notes and she is not allowed to prescribe medication.
§ 3 Participation of the Client
The client is not obliged to actively participate. However, coaching is in most cases only effective if the client actively participates. This applies in particular to the provision of necessary information as a basic prerequisite for coaching as well as to active participation in other methods. The refusal of a recommended or necessary medical examination can also be decisive for the further progress of a coaching in the sense of the client. The coach is entitled to terminate the coaching if the trust is no longer given, especially if the client denies the coaching content.
Coaching does not replace a thorough physical examination and treatment by a doctor. Coaching is not a substitute for psychotherapy. If you have complaints with a disease value (mental and physical), you are expressly requested to seek treatment from a doctor/psychotherapist.
§ 4 Remuneration of the Coach
The coach is entitled to a fee for her services. If the fees have not been individually agreed between the coach and the client, the rates listed in the price list or on the coach’s website apply. All prices quoted include the statutory value added tax of 19%. Other fee schedules or directories do not apply. The fees are to be paid by the client before each coaching session via the Amelia booking tool. After completion of the coaching, the client will receive a total invoice upon request. The invoice will contain the name and address of the client as well as the coaching period.
The client is informed that the coach is not admitted to health insurance companies, benefit offices or other cost bearers. The fees are to be paid by the client himself/herself.
In the event of appointments that are not kept, the client irrevocably undertakes to pay the cancellation fee in the amount of 100% of the appointment fee. The cancellation fee is due immediately without notice. The aforementioned payment obligation does not apply if the client cancels 24 hours before the agreed appointment or is prevented from appearing through no fault of his/her own, e.g. in the case of an acute illness or an accident. In these cases, a replacement appointment will be arranged.
Appointments that have to be cancelled by the coach will not be charged to the client. In such a case, the client has no claims against the coach whatsoever. The coach is also not obliged to give reasons. Due to legal regulations, the coach is not allowed to dispense pharmacy-only medicines.
The costs will not be covered by the health insurance company. The coaching sessions have to be paid for by the client himself/herself.
§ 5 Confidentiality of Coaching
The coach will treat the client’s data confidentially and will only provide information about the content of the coaching, its accompanying circumstances and the personal circumstances of the client with the express written consent of the client (obligation of confidentiality).
Paragraph 1 does not apply if the coach is obliged to pass on the data due to legal regulations – for example, if she is obliged to provide information on the basis of an official or judicial order. This also applies to information provided to persons with parental responsibility, but not to information provided to spouses, relatives or family members.
Paragraph 1 does not apply if, in connection with the coaching, personal attacks are made against her or her professional practice and she can exonerate herself by using accurate data or facts. The coach keeps records of her services (manual file). The client has the right to inspect this manual file; he/she can also demand that this manual file be handed over. Paragraph 2 remains unaffected.
If the client requests a file on the coaching, the coach will create it at the actual time required from the manual file, subject to costs and fees.
§ 6 Differences of Opinion
Differences of opinion arising from the coaching contract and the general terms and conditions should be settled amicably. It is recommended that objections, dissenting opinions or complaints be submitted in writing to the other party to the contract.
§ 7 Data Protection
I treat all data of my clients confidentially. This generally does not include the prevention or prosecution of suspected criminal offences and the protection of higher legal interests. Or if I am obliged to pass on the data due to legal regulations, e.g. on the basis of an official or judicial order. You can find my complete data protection declaration, which you hereby accept, at https://sinagunkel.com/datenschutz
§ 8 Severability Clause
Should individual provisions of the coaching contract or the general terms and conditions be or become invalid or void, this shall not affect the validity of the coaching contract as a whole. The invalid or void provision shall rather be replaced by a provision that comes closest to the purpose of the contract or the intention of the parties.