Elevate your potential.
HYBRIED GmbH – Alpine Coaching & Consulting
1. Scope
These General Terms and Conditions (GTC) of HYBRIED GmbH – Alpine Coaching & Consulting, Kulturweg 72, Im Ried, CH-3992 Bettmeralp VS (hereinafter "HYBRIED"), Managing Director Florian Franzen, apply to all business relations of HYBRIED with its customers. HYBRIED provides coaching and consulting services to clients, in person and online. These include various coaching packages, team-building events, training, consulting and advisory services.HYBRIED is committed to the core values and the Code of Ethics of the International Coaching Federation ICF (responsibility towards clients, for practice and performance, for professionalism and for society). Florian Franzen is NLP coaching certified and in training to become a Certified Professional Co-Active Coach (CPCC), in preparation for the ICF exams.Any natural person who makes use of HYBRIED's services is referred to as a customer. If legal entities book services from HYBRIED for natural persons, e.g. employers for employees, both are liable to HYBRIED. In financial terms, the legal entity is liable, in organizational terms and with regard to cooperation, the natural person is entitled and obligated. These GTC apply exclusively. Any terms and conditions contrary to, supplementary to or deviating from these GTC shall require HYBRIED's express written confirmation in order to be valid. By using HYBRIED's services, the Customer confirms that he fully accepts these GTC. For reasons of better readability, the masculine form is used in these GTC for personal designations and special nouns. Corresponding terms apply in principle to all genders for the purpose of equal treatment. The abbreviated form of language is for editorial reasons only and does not imply any valuation.
2. Information from HYBRIED
The website www.hybried.ch as well as brochures and leaflets of HYBRIED contain information about services. Prices and other information are subject to change without notice. All information (service descriptions, illustrations, films and other information) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. HYBRIED endeavors to provide all data and information correctly, completely, up to date and clearly arranged, however HYBRIED can neither explicitly nor implicitly guarantee this.All offers made by HYBRIED are subject to change and are not to be understood as a binding offer. HYBRIED cannot guarantee that the services offered can be provided (weather, sub-participation etc.). Therefore, all information about services is without guarantee and may change at any time and without notice.
3. Offers and conclusion of contracts
All offers, dates and deadlines announced by HYBRIED prior to conclusion of the contract are subject to change and non-binding. The expenses and costs listed in the offers are estimates (including remuneration according to time spent) and may be subject to change in the course of processing the respective offers. HYBRIED shall notify the Customer of any additional expenses that subsequently become apparent and shall obtain the Customer's consent in advance. If fixed prices are agreed, the Customer shall not incur any additional costs unless this has been agreed in writing in advance.The conclusion of the contract is effected by the Customer's written acceptance of an individual offer. The contract is further concluded when the Customer makes use of the services offered by HYBRIED.If it becomes apparent after conclusion of the contract that the service ordered cannot be provided or cannot be provided in full (e.g. weather, sub-participation, etc.), HYBRIED shall be entitled to withdraw from the entire contract or from a part of the contract. If HYBRIED has already received payment from the Customer, the payment will be refunded to the Customer. If no payment has yet been made, the Customer shall be released from the obligation to pay. HYBRIED shall not be obliged to make any replacement delivery or to pay any damages in the event of termination of the contract.
4. Prices
Unless otherwise quoted, all prices are net in Swiss francs (CHF), plus any value added tax due. Unless fixed prices have been expressly agreed, coaching and consulting services shall be remunerated on a time basis. The amount of the fee or the fee rate shall be determined in each case according to the offer valid at the time of the order confirmation. Unless otherwise agreed, HYBRIED shall be entitled to reimbursement of expenses in addition to its fee claim. Expenses shall be deemed to include in particular:
• Travel expenses (CHF 0.70/km) or cost of public transport ticket
• Accommodation costs
The cost of travel is borne by the customer.
5. Payment
Timely payment is a prerequisite for participation in HYBRIED's offers. If the respective invoice is not paid within the specified payment period, the Customer shall automatically be in default. From the time of default, the Customer shall owe default interest in the amount of the statutory 5 %.HYBRIED reserves the right to demand advance payment at any time without giving reasons. In the event of non-payment within the time limit, HYBRIED shall also be entitled to withdraw from the contract and not to provide its services. Offsetting of the invoiced amount against any claim the Customer may have against HYBRIED is not permitted.HYBRIED shall be entitled to refuse any further provision of services in the event of default of payment by the Customer.
6. Duties of HYBRIED
Unless otherwise agreed, HYBRIED shall fulfill its obligations by providing the agreed service. HYBRIED shall carry out subsequent change requests of the Customer, provided that these are possible without additional costs or postponement of deadlines. If additional expenses and/or costs are incurred, HYBRIED shall inform the Customer thereof in advance and the Customer shall confirm this additional cost assumption in writing.Part of HYBRIED's services are provided online. For all other services, the registered office of HYBRIED shall be the place of performance, unless otherwise agreed.HYBRIED has the express right to call in partners to perform its duties under the contract. If circumstances beyond HYBRIED's control (e.g. underparticipation, force majeure, weather, cancellation by partners, illness, accident, etc.) make it impossible to carry out an offer from the provider's point of view, HYBRIED reserves the right to cancel or postpone the offer. Any payments already made by the customer will be credited in favor of further services or refunded in full. Further claims for compensation are excluded.
7. Obligations of the customer
The Customer is obliged to make all arrangements necessary for HYBRIED to provide the Service immediately and at its own expense. In particular, the Customer shall be responsible, if required, to ensure the necessary Internet infrastructure and a corresponding Internet access. The Customer shall make the arrangements at the agreed time and to the agreed extent. Depending on the circumstances, this may also include providing HYBRIED with suitable information and documentation.Furthermore, the customer is obliged to cooperate comprehensively, actively and promptly and brings with him the basic willingness to engage in something new. Participation in HYBRIED's services requires a willingness to learn and participate on one's own responsibility. HYBRIED assumes that the information and documents provided by the Customer are correct and complete and comply with the legal obligations to cooperate and provide information. HYBRIED shall only be responsible for checking the correctness and regularity of information, documents and figures provided by the Customer if this has been agreed in writing in advance.The customer is also obliged to attend agreed appointments punctually and in person. If he is prevented from attending, he must cancel the appointment in advance in writing (by e-mail). The videos, calls and all other services and consultations provided online may not be recorded in whole or in part or filmed from the screen. The Customer is prohibited from making any files or documents available to third parties without HYBRIED's written permission, whether in return for payment or free of charge, during or after termination of HYBRIED's services. The Customer shall take out travel insurance as well as accident insurance after prior instruction by HYBRIED and before using services of HYBRIED. HYBRIED is entitled to request a corresponding confirmation prior to the provision of services.
8. Prevention of the customer and withdrawal
If the Customer is prevented from receiving services from HYBRIED, HYBRIED shall endeavor to find an alternative date in consultation with the Customer. The Customer shall be responsible for any additional costs incurred or for costs of partners. Both HYBRIED and the Customer have the right to withdraw from the contract at any time. The withdrawing Customer shall fully compensate HYBRIED for any expenses already incurred. Withdrawal by HYBRIED at inopportune times is not permitted.
9. Warranty
HYBRIED designs the coaching resp. consulting process according to best experience, knowledge and skills. However, HYBRIED cannot promise success. HYBRIED shall, however, be liable within the meaning of Art. 398 Abs. 2 OR for faithful and diligent performance of the services ordered from it.
10. Liability
HYBRIED excludes any liability, irrespective of its legal basis, as well as claims for damages against HYBRIED and any partners and auxiliary persons. In particular, HYBRIED shall not be liable for any necessary adjustments or cancellations of services due to weather conditions. HYBRIED shall in particular not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the Customer or third parties. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved. The Customer acknowledges that it is not HYBRIED's role to provide medical, legal, or religious advice to the Customer. The Customer is encouraged to consult the appropriate professionals for such needs.
11. Intellectual property rights
HYBRIED is entitled to all rights to the services, products, illustrations, contents and trademarks or HYBRIED is authorized to use them by the owner.The Customer shall not be entitled to modify, edit, alter or extend in any way any content or materials to which it obtains access from HYBRIED. Neither these GTC nor associated individual agreements have the transfer of intellectual property rights as their content, unless this has been explicitly agreed. The Customer merely acquires the right to use them. The programs, developments and contents remain the sole property of HYBRIED. Furthermore, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with the service from HYBRIED is prohibited, unless it is explicitly approved by HYBRIED.
12. Secrecy
HYBRIED undertakes to maintain secrecy about any information received during the cooperation with the Customer which must be kept secret due to statutory provisions or the nature of the matter and/or which concern the personality or personal circumstances of the Customer. This obligation shall apply beyond the termination of the cooperation.The Customer undertakes to maintain secrecy with regard to all information to be classified as confidential of which he becomes aware in the context of the provision of services and products of HYBRIED and to disclose or use such information to third parties only with the written consent of HYBRIED. This shall also apply to all materials and documents which the Customer receives in connection with the use of HYBRIED's services. Information that is generally known is not covered by the duty of confidentiality. The Customer acknowledges that video conferencing tools such as ZOOM, Whereby, etc., do not provide complete security and information from them may be accessible to third parties.
13. Privacy
The protection of our customers' personal data is important to HYBRIED. HYBRIED takes the issue of data protection seriously and pays attention to appropriate security. HYBRIED processes and maintains personal data in accordance with the provisions of the Federal Data Protection Act (FADP), the Ordinance to the Federal Data Protection Act (FADP), the Telecommunications Act (TCA) and, where applicable, other provisions under data protection law, in particular the General Data Protection Regulation of the European Union (GDPR). The Customer agrees that HYBRIED may use his data to carry out advertising measures (online or print), in particular to send him information about offers.The Customer has the option to object to these advertising purposes at any time by notifying HYBRIED.
14. Further provisions
In the context of child protection, HYBRIED is obligated to adhere to the legal requirements for youth coaching. According to Art. 314c Abs. 1 ZGB, there is a right to report to the child protection authority if the physical, psychological or sexual integrity of a child appears to be at risk. Subsequent amendments and/or supplements to these GTC and the respective order must be made in writing to be effective. Should individual provisions of these GTC be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in economic terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The place of jurisdiction is Brig VS.These GTC are translated into different languages. Only the German version is legally binding.
Bettmeralp, August 20, 2022
