General Terms and Conditions
of Natural business solutions GmbH
Section 1: Scope
(1) Natural business solutions GmbH (“NBS”) offers private and corporate clients (“Clients”) the opportunity to undergo personal or professional development measures or to have their staff participate in these measures. The Client’s staff are also referred to hereinafter as “Participants” or “Coachees”. The educational or coaching measures are delivered in the following formats: pre-designed knowledge units, customised workshops, and coaching measures in the form of one-to-one or team sessions that take place over a defined period. NBS also offers presentations and moderation services. NBS devises the above-named services, delivers them online and face-to-face, and creates graphic representations thereof. The following General Terms and Conditions shall apply to all business transactions between NBS and the Client and shall supplement the terms and conditions of the individual booking arranged with the Client.
(2) Divergent, conflicting or supplementary terms and conditions proposed by the Client shall not become part of the contract unless NBS expressly acknowledges their applicability in writing. These General Terms and Conditions shall also apply if NBS renders services without reservation despite being cognisant of any conflicting or divergent terms proposed by the Client.
(3) Agreements made between the contracting parties in individual cases (collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions.
Section 2: Conclusion of contract
(1) Presentations made available by NBS on the website or in other electronic or print media do not constitute offers to conclude a contract; they are merely invitations to the Client to submit an offer.
(2) The Client shall be deemed to have submitted an offer to book a service pursuant to section 1 par. 1 when, if placing an order online, they go through the online order process and then send the order by activating the button “Place order against payment” or, if placing an order by any other means, they send the order to NBS in writing (e.g. by letter) or in text form (e.g. as an e-mail).
(3) After sending an online order, the Client shall receive an order confirmation in the form of an e-mail sent to the e-mail address provided. This order confirmation shall constitute NBS’ acceptance of the offer. In all other cases, i.e. such as where a booking request is made in writing or by e-mail, the Client will receive an order confirmation in writing (e.g. by letter) or in text form (e.g. by e-mail) which is sent to the address specified in the booking request. The contract that comes into being shall have the content specified in the order/booking request (“Individual Booking”) and order confirmation, and in these General Terms and Conditions.
Section 3: Venue
(1) The services booked shall be rendered on the Client’s premises except in cases where delivery at an external venue, on the private premises of Natural business solutions GmbH, or in virtual format has been agreed in the Individual Booking.
(2) If the face-to-face service is not delivered on NBS premises, the Client shall ensure that suitable rooms are available at the times arranged. The rooms shall be equipped in such a way that a professional, confidential and pleasant working atmosphere is guaranteed; the room size, number of workstations, lighting and fresh air supply must all be commensurate to the situation. If suitable rooms are not available on the Client’s premises, or if they will not be available for the entire duration of the service, or in cases of doubt, the Client shall notify NBS thereof on making the booking or at the earliest possible time.
(3) If the measure is to be delivered virtually, the Client shall ensure that the technical equipment (software and hardware) used by the Participants or Coachees (“Participants”) are in impeccable working order.
Section 4: Organisation
(1) The goals and progression of each coaching measure shall be discussed and set down in writing before the commencement thereof during a free, non-binding, time-limited and highly confidential initial meeting between the Client’s contact, the Coachee(s) and NBS. The coaching measure shall be structured and delivered on the basis of the goals defined and set down in writing in cooperation with the Client’s contact and the respective Coachee(s).
(2) In the case of workshops, presentations and moderation sessions, the needs analysis shall be performed and – if applicable – the groups formed in accordance with the Client’s specifications, except in cases where these tasks are included in the respective individual booking made with NBS. The Client shall undertake to ensure that the Participants’ linguistic comprehension is guaranteed.
(3) NBS shall designate a course coordinator to deal with organisational matters. The Client shall notify this course coordinator of any difficulties, obstacles or other circumstances of vital importance to the execution of the contract without delay.
Section 5: Compensation for travel expenses and travel time
(1) In addition to the remuneration described in section 6, NBS shall be reimbursed for the following travel expenses:
(a) Reimbursement of costs for public transport/rail ticket (NBS coach/instructor: 2nd class, head coach Katrien Wayenberg: 1st class), taxi journeys (short distances) and parking fees as per receipt.
(b) Fixed kilometre price (€0.45/km). Here the travel distance is defined as the journey from the NBS offices or the coach’s/instructor’s residence to the venue, railway station or airport and vice versa.
(c) Flights: economy class tickets shall be booked for flights lasting less than four hours, while business class tickets shall be booked for flights in excess of four hours.
(2) Travel times shall be compensated as follows:
The amount of compensation shall be calculated according to the time required to travel from the residence of the coach/instructor to the place where the work is to be performed and back (door to door):
(a) Up to 1.5 hours’ total travel time on the day of the event: no compensation
(b) 1.5 to 2.5 hours’ total travel time on the day of the event or on a different arrival or departure date: flat rate of €150.00
(c) 2.5 to 4 hours’ total travel time on the day of the event or on a different arrival or departure date: €450.00
(d) More than 4 hours’ total travel time on the day of the event or on a different arrival or departure date: €790.00
(3) The Client shall pay all the costs incurred in connection with necessary overnight stays in appropriate business hotels. Please note that higher accommodation costs may be unavoidable at times of major events, trade fairs or strikes.
Section 6: Remuneration and payment method
(1) The remuneration to be paid by the Client shall be fixed in the respective Individual Bookings.
(2) The remuneration shall be paid (without deducting transfer costs and/or similar costs) within 14 (fourteen) days of the invoice date.
(3) All prices quoted to private clients by NBS are final gross prices and contain the applicable statutory VAT. The prices presented to corporate clients are net prices which do not include any applicable statutory VAT.
Section 7: Changes to the delivery of the measure
(1) Changes for which the Client is responsible
1. The following changes are of vital importance to the provision of the service and must be communicated to NBS without delay:
(a) Client requests for changes to the content and language of the measure
(b) Changes to the Participants or number of Participants that cause the maximum Participant number to be exceeded and/or that necessitate a change in format (e.g. one-to-one coaching sessions become group coaching sessions)
(c) Changes to the appointments fixed for the sessions (day, time)
(d) Changes to the venue that affect the travel expenses payable for the journey
(e) Changes to the venue that make an additional overnight stay necessary
The above-mentioned changes constitute significant amendments to the scope of the contractually agreed services. The Client is therefore not entitled to corresponding adjustments to the content of the contract. However, NBS shall endeavour to make reasonable changes if so requested by the Client. Changes shall only be deemed binding when NBS confirms them in writing or in text form vis-à-vis the Client.
2. Cancellation of one-to-one coaching sessions
(a) Individual coaching sessions that are cancelled more than 48 (forty-eight) hours beforehand shall be invoiced. However, the Client shall have the option of making up these cancelled sessions within 2 (two) months of the last scheduled session provided these additional sessions take place immediately or at the usual interval following the completion of the series. Substitute sessions must be agreed with NBS. If no substitute coaching session is held within 2 (two) months, the Client’s right to make up sessions shall expire without substitution and the remaining sessions will be invoiced by NBS.
(b) Full payment will be requested for individual coaching sessions that are cancelled less than 48 (forty-eight) hours before the date and time specified. The coaching session will not be delivered at a later time.
(c) The cancellation time shall be calculated on the basis of workdays (Mondays to Fridays). Saturdays, Sundays and public holidays shall not be taken into account. The 48-hour deadline shall be understood to have been complied with if, for example, an appointment that was to take place at 12 noon on Wednesday is cancelled at least 48 hours beforehand, i.e. by no later than 12 noon on Monday. A session scheduled for Monday at 12 noon must be cancelled by Thursday at 12 noon if it is not to be invoiced.
(d) NBS shall bill the Client for travel and/or accommodation expenses incurred by NBS due to a change requested by the Client.
3. Cancellation of team coaching sessions
In the event of a booking being cancelled, the following cancellation fees shall apply:
(a) From the order confirmation date until 30 days prior to the commencement of the session: 25% of the booking total
(b) From 29 days until 15 days prior to the commencement of the session: 50% of the booking total
(c) From 14 days until 7 days prior to the commencement of the session: 75% of the booking total
(d) Less than 7 days prior to the commencement of the session: 100% of the booking total
(e) NBS shall bill the Client for travel and/or accommodation expenses incurred by NBS due to a change requested by the Client.
4. Termination of a coaching measure currently taking place:
If a coaching measure offered by NBS according to the contract is terminated by the customer while it is in progress, the remuneration payable shall be invoiced in full. The Client shall forfeit their entitlement to the units of instruction that have not yet been delivered.
5. Cancellation of workshops, presentations and moderation services:
In the event of a booking being cancelled, the following cancellation fees shall be charged:
(a) From the order confirmation date until 30 days prior to the commencement of the session: 25% of the booking total
(b) From 29 days until 15 days prior to the commencement of the session: 50% of the booking total
(c) From 14 days until 7 days prior to the commencement of the session: 75% of the booking total
(d) Less than 7 days prior to the commencement of the session: 100% of the booking total
6. Termination of a workshop/presentation/moderation session currently taking place:
(a) If a workshop/presentation/moderation session offered by NBS according to the contract is terminated while it is taking place, the remuneration payable shall be invoiced in full. The Client shall forfeit their entitlement to the units of instruction that have not yet been delivered.
(b) NBS shall bill the Client for travel and/or accommodation expenses incurred by NBS due to a change requested by the Client.
7. The Client shall receive no refund if a service has to be interrupted or cancelled due to technical problems except in cases where the Client is not at fault.
(2) Changes made by NBS
- NBS is entitled to cancel sessions should compelling reasons exist for doing so, particularly in cases of force majeure or if the coach/instructor suddenly falls ill. In the rare case of a session having to be cancelled, NBS shall promptly offer an alternative date that is reasonable for the customer.
- NBS reserves the right to substitute the coach/instructor for another, equally qualified coach/instructor should compelling grounds exist, particularly in the event of the coach/instructor falling ill.
Section 8: Liability
(1) NBS shall only be liable for damages vis-à-vis the Client in cases of intent and gross negligence. Furthermore, NBS shall be liable for negligent breaches of essential contractual obligations (cardinal obligations), i.e. for breaches that jeopardise the achievement of the contract’s purpose and that pertain to obligations which the contractual partner can ordinarily expect to be fulfilled. However, in the event of negligent breaches of cardinal obligations, NBS shall only be liable for the foreseeable damages typical of such a contract.
(2) The liability limitations set out above shall not apply in cases of injury to life, limb and health. The Client’s liability pursuant to the Product Liability Act shall remain unaffected. Any exclusion or limitation of NBS’ liability shall also apply to the personal liability of NBS’ legal representatives, employees and other vicarious agents.
Section 9: Communications, cancellations
1. All communications and information relevant to the contract shall be sent to NBS in writing or in text form at the following address:
Natural business solutions GmbH
Rutenbergstraße 28a,
D-30559 Hannover, Germany
E-mail: katrien.wayenberg@natural-business.de
2. All agreements concluded with NBS can be terminated in writing or in text form.
Section 10: Right of withdrawal, mandatory information for consumers
Clients who are consumers have a right of withdrawal in accordance with the information on the right of withdrawal set out below if you only use means of distance communication (e.g. letters, telephone, Internet, fax, text messages) to make the Individual Booking.
Consumer means any natural person who enters into a legal transaction for purposes that are outside of their trade, business or profession (Section 13 of the German Civil Code (BGB)).
Information on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reasons.
The withdrawal period is fourteen days as of the day when the contract is concluded. To exercise your right of withdrawal, you must inform us (Natural business solutions GmbH, Rutenbergstraße 28a, 30559 Hanover, telephone: +49 (0) 511-93678393, e-mail: info@natural-business.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the enclosed withdrawal form, but are not obliged to do so.
The withdrawal period shall be deemed complied with if the notification regarding your exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments received from you, including delivery costs (except for the additional cost incurred in cases where you selected a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and within fourteen days of the date of receipt of the notification of your withdrawal from this contract. For this refund we will use the same method of payment you used in the original transaction, unless expressly otherwise agreed between us; you will not be charged any fees in connection with this refund under any circumstances.
Where you asked us to start the performance of the services during the withdrawal period, you must pay us an appropriate amount which reflects that portion of the services that was provided until the time when you notified us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services specified in the contract.
End of the information on the right of withdrawal
Template withdrawal form
If you would like to withdraw from the contract, please complete this form and send it to us by e-mail (info@natural-business.de) or by post to the following address:
Natural business solutions GmbH
Rutenbergstraße 28a,
30559 Hanover
Germany
- I/we hereby withdraw from the contract concluded by me/us for the provision of the following service: _______________________________________________
- Ordered on: ______________/received on: _________________
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notifications on paper)
- Date
In the context of our website, we have a duty to inform you about the online dispute resolution platform (“ODR Platform”) provided by the European Union. This ODR platform is available at: https://webgate.ec.europa.eu/odr. However, we do not participate in dispute resolution procedures before consumer conciliation bodies.
Section 11: Information on data processing
(1) NBS collects Client data in order to fulfil contracts. In doing so, NBS pays particular attention to the regulations in the Federal Data Protection Act and the Telemedia Act. NBS shall only collect, process or use Client data insofar as this is necessary to conclude and fulfil the contract. In addition, the Client is referred to the privacy policy of NBS, which can be accessed in printable format at any time on the NBS website by clicking on the “Privacy” button.
(2) When fulfilling the contract, NBS may obtain access to the Client’s business and company secrets and to personal data relating to the Client’s employees, clients or business partners. NBS shall treat such confidential information and personal data with the utmost care and secrecy, shall only use the data to fulfil the contract in compliance with the instructions issued by the Client, and shall refrain from making it accessible to third parties in any way, either partly or in full. The same shall apply to subcontractors and third parties engaged by NBS.
(3) The Client is prohibited from making recordings of services rendered unless separately agreed in writing. In order to protect personal and company-relevant data, NBS shall refrain from making recordings of services rendered, the sole exceptions being such recordings that contain no recordings of clients and no client information.
Section 12: Other
If the Client is a trader, a legal entity under public law or a special fund under public law, the place of fulfilment and sole place of jurisdiction for both parties and for all current and future claims arising in connection with the business relationship shall be the registered office of NBS in Hanover.