Terms and Conditions
Note: No contract is concluded through this website. These Terms and Conditions only become part of a collaboration when they are expressly incorporated into the individual offer.
§ 1 Provider, scope
(1) The provider is Kristina Peters, Canada das Adegas, 2nd Ad. esq., 9900-305 Horta, Portugal, e-mail: mail@kristina-peters.com (hereinafter “Provider”).
(2) These Terms apply to all contracts for coaching and companionship services between the Provider and her customers (hereinafter “Client”), regardless of whether the service is provided online, by telephone, in person or at the Client’s location.
(3) Deviating terms of the Client do not become part of the contract unless the Provider expressly agrees to their validity in text form.
(4) A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.
§ 2 Subject and nature of the service
(1) The Provider offers coaching and personal companionship in the field of personal development. The contract is a contract for services. What is owed is the careful provision of the agreed service, not a specific outcome.
(2) The service is not psychotherapeutic counselling or any other form of health-profession-oriented advice or support. It does not replace medical or psychotherapeutic diagnostics, counselling or treatment, nor the taking or discontinuation of medication. The website’s Disclaimer applies in addition.
(3) The offer is addressed to people who do not suffer from a mental illness as defined in the established classification systems. The Client confirms this upon conclusion of the contract.
(4) If it becomes apparent in the course of the companionship that medical or psychotherapeutic treatment is indicated, the Provider will point this out. She is entitled to terminate the contract for good cause if a responsible continuation is not possible.
§ 3 Conclusion of contract
(1) The presentation of services on the website is not a legally binding offer but a non-binding invitation to get in touch. No contract can be concluded and no payment can be made through the website. No prices are published there.
(2) After initial contact, a free, non-binding preliminary conversation usually takes place (§ 4). The Provider then submits an individual offer in text form (e-mail) stating scope, format, dates and remuneration.
(3) The contract is concluded when the Client accepts this offer in text form. These Terms, the Privacy Policy, the Disclaimer and the withdrawal instructions are incorporated at that point.
(4) The Provider is not obliged to conclude a contract; a refusal requires no justification.
§ 4 Free preliminary conversation
(1) Before any collaboration, a preliminary conversation of around 20 minutes is offered. It is free of charge and does not establish a coaching contract.
(2) It serves solely for getting to know each other and clarifying whether a collaboration makes sense; no coaching takes place within it. Both sides then decide freely.
§ 5 Formats, place of performance, outreach companionship
(1) The companionship can take place online (video call), by telephone, in person at an agreed location or — by separate arrangement — at the Client’s home. There is no entitlement to a specific format.
(2) For companionship at the Client’s home, the Client ensures a suitable, safe and undisturbed space. Travel time and travel costs are governed by the individual contract.
(3) For online formats, the Client is responsible for suitable technical equipment and a stable connection. The Provider is not liable for disruptions she is not responsible for.
§ 6 Appointments, cancellation, cancellation fee
(1) Appointments are agreed individually and are binding.
(2) If an appointment cannot be kept, it must be cancelled as early as possible. Cancellation up to 48 hours before the agreed start is free of charge.
(3) In the event of later cancellation or non-appearance, 100% of the agreed fee becomes due as a cancellation fee, unless the Client proves that the impediment was due to circumstances beyond their control (e.g. sudden illness, accident). The Provider will endeavour to offer a replacement appointment.
(4) If the Provider has to cancel an appointment, a replacement appointment will be offered without delay. If no replacement appointment comes about, amounts already paid for services not rendered will be refunded.
§ 7 Remuneration and payment
(1) Remuneration is agreed individually in the offer pursuant to § 3 (2). No prices are published on the website.
(2) The Provider is exempt from VAT under Article 53 of the Portuguese VAT Code (CIVA); no VAT is shown.
(3) Invoices are payable without deduction within 14 days of the invoice date, in cash or by bank transfer, unless otherwise agreed. Advance payment may be agreed for packages or session bundles.
(4) No payment processing takes place through the website.
§ 8 Cooperation and personal responsibility of the Client
(1) Coaching requires the voluntary and active cooperation of the Client. The Client decides on their own responsibility whether and how to implement suggestions from the companionship. The Client is responsible for their individual use of the content and the results arising from it.
(2) Existing medical or psychotherapeutic treatments must not be changed or discontinued because of the companionship without appropriate consultation.
(3) The Client undertakes to point out acute crises without delay and to seek medical or psychotherapeutic help in such cases. The Provider does not provide crisis intervention and cannot be reached outside agreed appointments.
(4) Participation under the influence of alcohol or mind-altering substances is excluded.
§ 9 Confidentiality
(1) The Provider treats all content of the companionship as strictly confidential and does not pass it on to third parties.
(2) Exceptions exist only insofar as legal provisions require or permit disclosure, in particular to avert a present danger to life or health, or insofar as the Client expressly releases the Provider from confidentiality in text form.
(3) The Client likewise undertakes to treat content from group formats confidentially.
(4) Audio or video recordings of sessions are only permitted with the prior express consent of both sides.
§ 10 Liability
(1) The Provider is liable without limitation in cases of intent and gross negligence, and for damage resulting from injury to life, body or health.
(2) In cases of simple negligence, the Provider is only liable for the breach of an essential contractual obligation, i.e. an obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Client may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract.
(3) In all other respects, liability is excluded within the limits permitted by law. Mandatory statutory liability provisions remain unaffected.
(4) The above limitations also apply in favour of the Provider’s vicarious agents.
§ 11 Right of withdrawal
Consumers have a statutory right of withdrawal for contracts concluded exclusively by means of distance communication (e.g. e-mail, telephone, video call) or off-premises. Details and the consequences of withdrawal are set out in the separate withdrawal instructions, which become part of the contract.
§ 12 Term and termination
(1) Contracts for individual sessions end upon their completion.
(2) Contracts for session bundles or ongoing companionship may be terminated by either side at any time in text form with 14 days’ notice to the end of a calendar month. Services already rendered must be remunerated; a pro-rata refund will be made for paid units not used.
(3) The right of both sides to terminate for good cause remains unaffected.
§ 13 Data protection
Personal data is processed in accordance with the Privacy Policy. Separate consent in text form is obtained for the processing of health data within the companionship.
§ 14 Final provisions
(1) The law of Portugal applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory consumer protection provisions of the state of their habitual residence remain unaffected (Art. 6 (2) Rome I Regulation).
(2) For disputes with consumers, the following alternative dispute resolution body is competent:
Centro de Informação, Mediação e Arbitragem de Consumo dos Açores (CIMARA)
Rua de São Joaquim, n.º 1, entrada R/C Dt.º, (1. andar), S. Sebastião, 9500-112 Ponta Delgada
www.ocimara.pt
The CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo, www.cniacc.pt, is additionally competent. There is no obligation to participate.
(3) The place of jurisdiction, to the extent legally permissible, is Horta, Portugal. For consumers, the statutory places of jurisdiction apply.
(4) Amendments and additions must be made in text form; this also applies to the waiver of this requirement.
(5) Should any provision be or become invalid, the validity of the remaining provisions shall remain unaffected.