General Terms and Conditions (GTC)

§ 1 Scope of Application

These General Terms and Conditions apply to all contracts with wolfmate — Tatjana Draese-Hirschmann, hereinafter referred to as the Consultant. This includes, in particular, the following services:

Consulting & Advisory
Coaching
Moderation
Conception
Training & Workshops

The client’s terms and conditions shall only apply if expressly agreed upon in writing between the parties.

§ 2 Subject Matter of the Contract, Scope of Services

The subject matter of the order is the consulting activity agreed upon in the respective offer. Upon acceptance of the offer, these GTCs shall apply.

For open training courses, costs and services are displayed on the Consultant’s website. A separate offer will not be sent.

The Consultant shall perform all work with the utmost care and observe the recognized rules of science and practice.

Data provided by the client and by third parties will not be checked for accuracy, but only for plausibility.

The Consultant’s service shall be deemed rendered when the services agreed upon in the offer have been performed. It is irrelevant whether and when any recommendations made by the Consultant are implemented by the client.

Should the Consultant be obliged to prepare a detailed written report, this must be agreed upon between the parties as part of the offer.

§ 3 Client’s Obligations to Cooperate

The client is obliged to fully support the Consultant and, in particular, to create all conditions necessary for the execution of the order and to provide the Consultant with all relevant documents in a timely manner.

§ 4 Default on Acceptance, Failure to Cooperate

Should the client default on accepting the consulting services or fail to fulfill an obligation to cooperate despite a reminder and setting of a deadline, the Consultant is entitled to terminate the contract without notice. The exercise of this right of termination shall not affect the Consultant’s claims for compensation for damages incurred due to the default or failure to cooperate, or for reimbursement of necessary additional expenses.

§ 5 Remuneration, Payment Terms, Offsetting

All invoices are payable within 30 days of invoicing without deductions. As this constitutes a case under § 286 para. 2, no. 2 of the German Civil Code (BGB), the client will automatically be in default if payment is not made on time, i.e., without a reminder. Where relevant, the statutory value-added tax must be added to all prices and will be shown separately on the invoice.

For an offer volume of less than €50,000, invoicing will take place after the services have been rendered. For an offer volume of €50,000 or more, 50% may be invoiced upon acceptance of the offer and 50% after the services have been rendered. For open training offers, the provision in paragraph 4 applies instead.

Travel time, travel expenses, and accommodation will be charged based on actual costs.

For open training offers, participants will receive the invoice immediately after registration and confirmation of registration, preferably by email — regardless of the offer volume under paragraph 2.

Multiple clients (natural and/or legal persons) are jointly and severally liable. Offsetting against the Consultant’s claims for remuneration and reimbursement of expenses is only permissible with undisputed or legally established claims.

§ 6 Cancellation and Prevention

Rescheduling appointments

The client may reschedule appointments (training courses, workshops, facilitation, coaching) at any time before they begin, in writing or by email, to a new date. If rescheduled to a new, promptly agreed date up to one week before the original date, no cancellation fees will be charged; however, any incidental costs already incurred by the client (e.g., the Consultant’s non-cancellable travel expenses) must be reimbursed in full. Rescheduling is excluded if there is effectively no serious intention to hold a replacement date; in this case, the paragraph “Cancellation of appointments” shall apply.

Cancellation of appointments

If the client cancels an appointment entirely instead of rescheduling it, cancellation fees of up to 100% of the agreed amount plus incidental costs will apply. The amount depends on how short-notice the cancellation is. The client is required to pay the following flat-rate cancellation costs:

from 6 weeks before the appointment: no cancellation fee
4 to 6 weeks before the appointment: 50% of the agreed amount plus incidental costs
2 to 4 weeks before the appointment: 75% of the agreed amount plus incidental costs
less than 2 weeks before the appointment: 100% of the agreed amount plus incidental costs

The client remains free to prove that the Consultant suffered no damage or substantially less damage than the above flat rate. If the client is a consumer, this applies without restriction (§ 309 no. 5 BGB).

Prevention of individual participants in open training offers

If participants in open training offers are prevented at short notice, the following applies:

No cancellation fees apply if substitute participants are named at least two weeks before the start of the training.
If no substitute participants can be named, rebooking to an alternative date is possible up to one week before the start of the training for a processing fee of €50 excluding VAT.
If no rebooking is made or no substitute participant is named up to one week before the start of the training, the full participant costs will be due.

If the participant is a consumer, the right of withdrawal under § 12 of these GTCs also applies.

Cancellation by the Consultant

The Consultant reserves the right to use other trainers or to cancel the training up to 7 days before the start of the training. In the event of cancellation, participants will be informed without delay and any payments already received will be refunded. If the Consultant offers alternative dates that the participants agree to, payments will not be refunded. Further claims, in particular for non-refundable travel or accommodation costs already booked by the client or participants, are excluded unless the Consultant is guilty of intent or gross negligence.

§ 7 Retention of Documents

After completion of the order, the parties have the right to return the documents received from the other party or to destroy them. If they are originals, the consent of the other party must be obtained before destruction.

No obligation to retain documents is agreed upon, unless legally mandated.

§ 8 Confidentiality, Data Protection

The Consultant undertakes to maintain the confidentiality of all business and trade secrets of the client and to comply with statutory data protection regulations. Disclosure to third parties not involved in the execution of the order requires the written consent of the client. The Consultant obliges all persons employed by him for the execution of the order to comply with these regulations.

The Consultant is authorized, within the scope of the purpose of the order, to process personal data entrusted to him, or have it processed by third parties, in compliance with data protection regulations. This refers, in particular, to the following services:

Tripod Beta Bronze Practitioner Knowledge Assessment / Tripod Beta Silver Workshop: By registering for this service, the Consultant is authorized to transmit the personal data required for this purpose (name, email address, company) on behalf of the Stichting Tripod Foundation to the Energy Institute (EI), 61 New Cavendish Street, London W1G 7AR, UK. The Energy Institute administers the platform for the knowledge test, issues certificates, documents the qualification and, if applicable, renews it. This data transfer is necessary to fulfill the contract concluded upon registration (Art. 6 para. 1 lit. b GDPR) — without it, the booked service (access to the examination platform, certification) cannot be provided.
BowTieXP or IncidentXP training courses or trial licenses: By participating or providing a trial license, the Consultant is authorized to pass on the personal data required for this purpose (name, email address, company) to its partner company Wolters Kluwer, Zuidpoolsingel 2, 2408 ZE Alphen aan den Rijn, Netherlands, for inclusion in the customer database. Here too, the data transfer is necessary for the performance of the contract (Art. 6 para. 1 lit. b GDPR), as the trial license cannot be provided without it.

§ 9 Protection of the Consultant’s Intellectual Property

All reports, concepts, documents, etc. prepared by the Consultant are and remain the intellectual property of the Consultant and may only be used by the client for the contractually agreed purposes and only with the express written consent of the Consultant may they be disclosed or made known to third parties or published.

If the client also wishes to use the consulting services for affiliated companies, it requires the Consultant’s prior written consent, which the Consultant may refuse without stating reasons.

Insofar as work results are eligible for copyright protection, the Consultant remains the author. In these cases, the client receives a non-transferable right of use in the work results that is restricted by the above provisions and is otherwise unlimited in time and place, irrevocable, non-exclusive, and non-transferable. The Consultant remains entitled to develop, use, and license the same or comparable concepts, methods, and materials for other clients as well.

The provision of the Consultant’s concepts, methods, processes, or tools (e.g., the Safety Culture Trail© process) entitles the client exclusively to internal use within its own company for the contractually agreed purpose. Regardless of whether the respective method or concept as such is protected by copyright, any disclosure to third parties outside the company, any use for training or consulting of external persons or organizations, any commercial exploitation, and the development of the client’s own consulting or training offers derived from it require the Consultant’s prior written consent.

Names, marks, and designations of the Consultant (including “wolfmate”, “Safety Culture Trail”) are protected regardless of any registration as a trademark and may not be used for the client’s own offers without the Consultant’s prior written consent.

§ 10 Limitation Period

Claims of the client against the Consultant shall become time-barred, insofar as legally permissible, one year from the statutory commencement of the limitation period. This does not apply to claims arising from intent or gross negligence, to damages resulting from injury to life, body, or health, or to claims under the Product Liability Act; in these cases, the statutory limitation periods apply.

§ 11 Liability

The Consultant shall be liable without limitation in cases of intent and gross negligence as well as for damages resulting from injury to life, body, or health.

In the event of a slightly negligent breach of an obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which the client may regularly rely (cardinal obligation), the Consultant’s liability shall be limited in amount to the foreseeable, typical damage at the time the contract was concluded.

In all other respects, the Consultant’s liability for slightly negligent breaches of duty is excluded.

The above limitations of liability shall also apply in favor of the Consultant’s legal representatives and vicarious agents, insofar as claims are asserted directly against them.

Liability under the Product Liability Act and in the event of the assumption of an express guarantee shall remain unaffected by the above limitations.

§ 12 Right of Withdrawal for Consumers

This paragraph applies only insofar as the client or participant is a consumer within the meaning of § 13 BGB and the contract was concluded by distance selling (e.g., online booking).

Withdrawal policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us

wolfmate — Tatjana Draese-Hirschmann, Hubertusweg 72, 41466 Neuss, Email: draese@wolfmate.de

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.

Early expiry of the right of withdrawal upon express request

If you have requested that the service (e.g., a training course with a fixed date) should begin during the withdrawal period, and the service has been fully performed, your right of withdrawal shall also expire even if you have not yet fully made use of the service. If the service is only partially performed and you withdraw, you must pay an appropriate amount for the service already provided.

Sample withdrawal form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To wolfmate — Tatjana Draese-Hirschmann, Hubertusweg 72, 41466 Neuss, Email: draese@wolfmate.de:

I/we hereby withdraw from the contract concluded by me/us for the provision of the following service:

Ordered on:
Name of consumer(s):
Address of consumer(s):
Date:

§ 13 Miscellaneous

All rights arising from the contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

If the client is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship shall be Neuss. This jurisdiction agreement does not apply to consumers; the statutory rules on jurisdiction apply.

All amendments and additions to these General Terms and Conditions of Engagement must be made in writing and expressly identified as such.

If provisions of these GTC are or become wholly or partially invalid, the remaining provisions shall not be affected thereby. The parties undertake to immediately replace the invalid provisions with valid ones.