General Terms and Conditions and Cancellation Policy
General Terms and Conditions
1. The contracts concluded by us are service contracts, unless expressly agreed otherwise. The object of the contract is therefore the provision of the agreed services, not the achievement of a particular success. In particular, we do not owe a particular economic result. Our opinions and recommendations prepare the client's business decision. You cannot replace them under any circumstances.
2. We are entitled to use partners, expert third parties and other vicarious agents to carry out the contract. We do not promise or provide legal and tax advice under the applicable regulations. These services shall be provided by the client himself.
3. We provide our services based on the data and information provided to us by the client or his agent. We check these for plausibility. The customer is responsible for their accuracy and completeness.
4. In principle, we provide our services in written form. Information given orally is not binding.
5. Unless otherwise agreed, our compensation is due immediately after invoicing and without deduction. The retention of our fee and the set-off are only permitted if the claims of the client are recognized by us or have been legally established.
6. Our liability for the proper provision of the services in accordance with § 1 of the contract is limited to the partnership and to the respective service provider. We warrant that we are reasonably insured against claims in connection with our activities. Any damages are therefore limited in the amount to the insurance benefit. These rules also apply if we are liable for a vicarious agent or other agent.
7. In the event of a defective service, we are entitled to rectify the defect. In the event of a failure twice of failure of the rectification, the client shall be entitled to the statutory rights.
8. Changes to the contract, in particular the agreement of additional services, should be agreed in writing.
9. The law of the Federal Republic of Germany shall apply to the contract and its implementation. The place of jurisdiction, to the extent permitted, and place of performance are at our registered office.
As of March 2020
Supplementary terms and conditions for events, seminar and workshop participants as well as for consulting and coaching clients:
§ 1 Scope of the GTC
The booking of offers by and with JULIEN LEMAL takes place based on the following terms and conditions.
§ 2 Conclusion of the contract
1. By registering to participate in an event (seminar/workshop/coaching appointment, consultation, etc.) or booking, which can be made in writing, orally, by telephone, or via the Internet, the participant concludes a contract with JULIEN LEMAL on the basis of the respective description, these terms and conditions and any additional information provided during the purchase or booking process. The contract is concluded upon acceptance of the application by JULIEN LEMAL. We will inform you about the acceptance, for which no special form is required, by sending you a confirmation of appointment or for other offers an oral commitment.
2. The participant is obliged to check the confirmation received by him directly for conformity with the information provided by him during the order. Deviations must be communicated by the participant immediately to JULIEN LEMAL. If the participant has not received confirmation 7 days after the order or 3 days before the date for the execution of the offer, he is obliged to contact immediately JULIEN.
3. The participant is liable for all obligations of registered participants under the contract.
§ 3 Contractual obligations of the participants
Participants are aware that
- that during the seminar/workshop personal and professional circumstances of the participants, which may be confidential, are discussed. The participants undertake to maintain confidentiality about such circumstances outside the seminar / workshop.
- the teaching materials made available to them for practice purposes must be treated with the greatest possible care and may only be used in the course of the seminar/workshop and according to the instructions of the lecturer.
§ 4 Copyright
Participants are aware that seminar and workshop materials and learning software are protected by copyright. You will only use them personally, do not pass them on to third parties, do not reproduce or publish them. You will keep the personal passwords assigned to them confidential.
§ 5 Services, Changes in performance, Prices
1. The obligation to perform JULIEN LEMAL results exclusively from the content of the confirmation in connection with the description, details and explanations valid for the time of order.
2. Ancillary agreements that extend the content of the service are only valid if they are confirmed in writing by JULIEN LEMAL Binding.
3. Changes and deviations from the agreed content of the contract, which become organizationally necessary after conclusion of the contract, are permitted. JULIEN LEMAL is obliged to inform the participant immediately of any changes in performance and deviations and to offer him a free cancellation with a declaration period of 10 days, provided that the changes are not only minor. A right of termination of the participant remains unaffected. JULIEN LEMAL is entitled to change the venue, the date of implementation and the time (beginning and end of the offer) retrospectively, if this is necessary for reasons that arise after the conclusion of the contract and are absolutely relevant for implementation. The participant will be informed of such changes in good time.
4. All prices are the final prices in Euros.
§ 6 Payment
1. When purchasing or booking an event, payment is due immediately, unless otherwise agreed in individual cases.
2. If the price is not paid despite a reminder within a specified period, the JULIEN LEMAL refuse to carry out the contract and charge the customer with cancellation costs in accordance with § 5.
§ 7 Cancellation by the Participant, Rebooking, Participant Replacement
1. The participant may, at any time until the beginning, make a statement to JULIEN LEMAL withdraw from the contract. To avoid misunderstandings, it is recommended to declare the cancellation in writing, stating the name. The cancellation fees are based on the receipt of the cancellation declaration at JULIEN LEMAL.
2. In any case of cancellation by the participant, the JULIEN LEMAL taking into account the usual savings expenses and the usual other use of the services, the following flat-rate compensations:
from receipt of the confirmation up to the 30th day before the start: 25%,
at least 25 euros,
from the 29th day to the 22nd day before the start: 30%
from the 21st day to the 15th day before the start: 35%
from the 14th day to the 8th day before the start: 50%
from the 7th day to the 1st day before the start: 65%
from the day (start): 80%.
In case of no-show/no-show: 100%
If the appointment, workshop or seminar is cancelled by the customer himself, the fee is 100% to be paid. In the event of a derogation from these cancellation clauses on specific invitations to tender from JULIEN LEMAL (e.B. seminars abroad, weekend seminars, etc.) always apply the clauses of the invitation to tender.
3. The participant is allowed to prove that it did in fact incur no or lower costs than the claimed flat-rate costs to JULIEN LEMAL. In this case, the participant is only obliged to pay the actual costs incurred.
4. JULIEN LEMAL reserves the right to charge a higher compensation in individual cases, in accordance with the costs incurred by the participant, to be quantified and substantiated.
5. JULIEN LEMAL recommends taking out cancellation insurance.
6. There is no legal right to change the venue. The change can only be made by cancellation and subsequent re-conclusion of a contract (rebooking). In this case, too, JULIEN LEMAL entitled to a flat-rate compensation for cancellation as compensation for expenses incurred. The remaining amount (event price less cancellation or cancellation costs) will be paid by JULIEN LEMAL paid to the participant.
7. The designation of substitute participants is in principle possible, provided that the substitute participant also meets the required participation requirements.
§ 8 Cancellation by JULIEN LEMAL - Cancellation of the contract for exceptional reasons
1. JULIEN LEMAL may withdraw from the contract in the event of non-achievement of a minimum number of participants specified in the specific description in accordance with the following provisions:
a) The minimum number of participants is indicated in the reservation confirmation/confirmation or is referred to the corresponding information in the respective tender (e.B. subject to the achievement of the minimum number of participants).
(b) JULIEN LEMAL is obliged to declare to the participant the cancellation of the event (offer) immediately if it is established that it will not be carried out due to failure to reach the minimum number of participants.
c) A cancellation of JULIEN LEMAL later than one week before the start is not permitted.
2. A right of cancellation Is If JULIEN LEMAL the organisation of the event is unreasonable because the economic sacrifice limit is exceeded due to circumstances beyond the reasonable reach.
3. In the event of cancellation under Nos. 1 - 2 by JULIEN LEMAL the purchase price will be repaid to the participant.
4. If the offer is unpredictably significantly impeded, endangered or impaired after conclusion of the contract as a result of force majeure, including the destruction of accommodation at the venue or equivalent incidents, the contract may be terminated. For services already provided, JULIEN LEMAL demand a fee. If the above mentioned circumstances arise after the beginning, the contract may also be terminated. JULIEN LEMAL in this case, is entitled to compensation for services rendered or still to be provided. There is no further claim of the participant. Any additional costs will be charged to the participant.
5. JULIEN LEMAL may terminate the contract after the start if the participant disturbs the performance of the contract regardless of a warning or if he behaves in breach of the contract to the extent that the immediate cancellation of the contract is also justified for the protection of the other participants or if the participant does not fulfil a participation requirement. Announces JULIEN LEMAL, he retains the right to the entire event price; JULIEN LEMAL must be credited with the value of saved expenses.
§ 9 Liability
1. The liability of the JULIEN LEMAL for contractual breaches of duty as well as for offences is limited to intent and gross negligence. Liability in the event of a breach of cardinal obligations is limited to the regularly foreseeable damage.
2. Liability for damages in the event of a breach of essential obligations in the event of slight negligence and the applicability of travel contract law is limited to three times the event price and to typical and foreseeable damages, in the event of a breach of ancillary obligations, liability for damages is excluded.
3. All claims for damages shall be time-barred in one year after their occurrence. This does not apply to claims for tort.
4. The above limitations of liability shall not apply to claims under the Product Liability Act as well as other statutory warranty liability. The same applies if the damage has occurred as a consequence of death or bodily or health damage.
5. Insofar as the liability of the JULIEN LEMAL excluded or limited, this also applies to the personal liability of the employees, legal representatives and vicarious agents of JULIEN LEMAL.
§ 10 Other
1. Each participant participates in the events on his own responsibility. For damage to persons or the objects brought by the participant, JULIEN LEMAL has no liability. The seminars we hold are very intensive. Therefore, only persons who are mentally normally resilient and can therefore assume responsibility for themselves, in the seminar and in the processing and change time afterwards, can participate.
2. Each participant declares with his or her binding Registration that he does not take any consciousness-influencing substances such as psychopharmaceuticals, drugs or strong painkillers.
§ 11 Choice of law and place of jurisdiction
1. The contractual relationship between the participant and the JULIEN LEMAL applies exclusively to German law. This also applies to the entire legal relationship.
2. The participant may sue JULIEN LEMAL only to its registered office.
§ 12 Final Provisions
1. Should provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions. On the contrary, instead of any invalid provision, a provision corresponding to the purpose of the agreement or at least near coming substitute provision as agreed by the parties in order to achieve the same economic result if they had known the invalidity of the provision. The same applies to gaps.
(§ 12, 1st paragraph does not apply to the online shop)
2. The data provided to us will be processed and stored in a computerized manner within the scope of the purpose of the contract. Personal data is protected in accordance with the Federal Data Protection Act. We do not insure to pass on any data to third parties.
Right of withdrawal
You have the right to from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract.
To exercise your right of cancellation, you must contact us (Mindful inSight – Julien Lemal Coaching, Anni-Eisler-Lehmann-Str. 3, 55122 Mainz,Tel.: +49 170 49 45 336,E-Mail: contactmindful-in-sight.com)
by means of a clear statement (e.B. a letter or e-mail sent by post) of your decision to withdraw from this contract.
You can use the attached model cancellation form, but this is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services start during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of cancellation with respect to this contract, compared to the total scope of the services provided in the contract.
Cancellation form template
If you want to cancel the contract, please fill out this form and send it back:
Mindful inSight – Julien Lemal Coaching
Tel.: +49 170 49 45 336, E-mail: contactmindful-in-sight.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods / the provision of the following service:
(name of the goods/service, if applicable order number and price)
Service/goods ordered on:
Service/goods received on:
Name and address of the client:
(only in case of written revocation)