General Terms and Conditions
General Terms and Conditions Version: June 20, 2024
1. General Provisions
(1) This website (the “Site”) and/or the services provided, including all associated mobile applications (collectively, the “Services”), as well as any other services we offer to our clients in the course of our business activities (the “Offered Services”), and the booking of such Offered Services (the “Booking”) via the Site, are owned and operated by Sara Haug (hereinafter referred to as “we,” “us,” and “our”). These terms and conditions (the “Terms”) set forth the conditions under which visitors or users (collectively, “Users” or “you”) may visit or use the Site and/or Services and make Bookings. (2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or making Bookings. These Terms explain who we are, how you can make and cancel Bookings, and what you can do if there is a problem. (3) You represent that you are of legal age and have the legal capacity, authority, and freedom to enter into a binding agreement based on these Terms and to use the Services and make Bookings. If you are underage, you require permission from your parents or legal guardians to use the Services or make Bookings.
2. Booking Offered Services (1) You may make Bookings to purchase the Offered Services. Through our Site or Services, we may grant you the ability to schedule appointments for the Offered Services. By scheduling an appointment for one of our Offered Services, you agree to appear at the scheduled time and location and to pay the displayed price via the agreed payment method. If you are unable to attend the scheduled appointment, you agree to cancel the appointment no later than 24 (twenty-four) hours before the originally scheduled time. If you do not cancel a scheduled appointment within this time frame or fail to attend, you will not receive a refund for any payments already made. (2) We may require payment for a specific Offered Service. By making a payment for our Offered Services, you agree that: (i) You are responsible for reading the full listing and description of the Offered Services before making a binding Booking, and (ii) You are entering into a legally binding contract to book an Offered Service when you complete the Booking process. (3) You may select the Offered Services and available appointments you wish to book and collect them in a shopping cart by making the appropriate selections (e.g., type of Offered Services, quantity (if applicable), date and time of the appointment) and clicking the respective button. Our prices are listed on the Site or in the Services. We reserve the right to change our listed prices for Offered Services at any time (provided that you will only be charged the amount agreed upon before the price change) and to correct any unintended pricing errors with effect for the future. (4) Before clicking the "Book" button, all of the Offered Services and appointments you have selected, including the total price, will be displayed again in a booking summary. You can then recognize and correct any input errors before submitting your final binding Booking order. By clicking the "book with obligation to pay" button, you place a binding order for the Booking of the Offered Services at the selected appointment. However, the order can only be placed and submitted if you have accepted these Terms by clicking on the appropriate box, thereby including them in your Booking order. (5) We will then send you an automatic order receipt confirmation by email, which will list your Booking order again and which you can print or save using the appropriate function. The automatic receipt confirmation only confirms that we have received your Booking order; it does not constitute our acceptance of the order. (6) The legally binding agreement for the Booking of the Offered Services is only concluded when we send you a confirmation email. We reserve the right to reject your Booking order. This does not apply in cases where we offer a payment method—and you choose that payment method—for your order, where an immediate payment transaction is initiated (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract is concluded when you initiate the Booking process as described above by clicking the "book with obligation to pay" button. (7) The contract can be concluded in either German or English. After the contract has been concluded, the contractual terms will be stored by us; you will no longer have access to them. (8) The fees for the Offered Services are due before the start of the service. If the payment for the Offered Services is to be made offline, you agree to send the payment in full before the scheduled appointment. We reserve the right to refuse to provide the Offered Services at any time if payment has not been received.
3. Refunds and Cancellations Agreed appointments for Offered Services may occasionally be canceled due to events beyond our control, such as natural disasters. In such cases, you will receive a refund.
4. Storage of Online Payment Details You may store a preferred payment method for future use. In this case, we will store these payment details according to applicable industry standards, where available (e.g., PCI, DSS). You can identify your stored card by its last four digits.
Additional Agreements for Coaching Services
In addition to these General Terms and Conditions, additional terms apply to the booking and conduct of coaching sessions. These additional contractual terms are specifically tailored to the use of our coaching services. The coaching contract supplements these General Terms and Conditions (GTC) and outlines the specifics regarding the nature of the coaching services, confidentiality, and other specific terms between Sara Haug and the client. By booking a coaching session, you agree to the following terms:
Preamble
Coaching is an individual, process-oriented form of counseling aimed at supporting, promoting, and accompanying individuals in their development. This process is always voluntary and requires the active and responsible participation of the client.
The primary goal of the collaboration between the client and coach is to enhance the client's ability to act by strengthening self-reflection, perception, awareness, self-esteem, and responsibility.
Decisions and actions in professional and private life must be made by the clients independently. The coach only supports by reflecting and testing decisions and actions beforehand or afterward. It is important to emphasize that coaching is not psychotherapy and thus does not serve to treat or replace treatment for mental illnesses or disorders.
The coach does not replace the work of a psychotherapist, doctor, or alternative practitioner. A coach is not responsible for, for example, medical indications. Ongoing treatment or future necessary measures must be coordinated with a specialist. The client is responsible for this.
Coaching is understood as mental training. It is not a diagnostic procedure, medical therapy, or any other form of healing practice, does not treat diseases or symptoms of diseases. No promises of healing were made to the client that would have raised false hopes.
The client has been informed about what to expect during the coaching.
§1 Object of the Service
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The client engages in the coaching service provided by the coach through multiple coaching sessions.
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Initially planned number of sessions: <NUMBER>
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The number of sessions can be mutually adjusted during the process.
The services provided by the coach are considered services unless expressly agreed otherwise. The subject of the contract is the provision of the agreed service, not the achievement of a specific outcome. In particular, we do not owe a specific economic result. The statements and recommendations of the coach prepare the business decision of the client/principal or its representatives. They cannot replace them in any case.
The coach is committed to supporting the client through coaching services.
§2 Conclusion of the Contract
The contract is concluded when the client books a coaching package and accepts these GTC.
§3 Place of Coaching/Workshops
Coaching/workshops may take place:
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At a neutral meeting point to be agreed upon, or
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Online via video or telephone conference using <PLATFORM>. The data protection regulations of the respective platform apply. Google Meet Support
§4 Rights and Duties of the Coach
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Transparency: The coach discloses upon request the methods and procedures used and explains their benefits or potential risks.
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Confidentiality: The coach maintains strict confidentiality regarding personal, intimate, or confidential details of the client/principal from the coaching sessions.
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Neutrality: The coach respects the interests of the client in his work. He does not influence the client based on his personal, political, religious, or other views.
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Ethics: The coach commits to observing the ethical principles of coaching. This includes maintaining confidentiality, respecting the autonomy and dignity of the client, and the obligation to continuous education and supervision.
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Impartiality: The coach is committed to the interests of the client. He remains neutral in his views and strives to avoid influencing the client in his (the coach’s) own interest. The coach generally does not give advice. His task is to empower the client and enable self-help, as well as to discover ways to achieve the client’s goals together.
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Qualification: The coach confirms that he possesses the necessary professional qualifications and competencies to conduct the workshop. These include:
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Certification as a systemic coach from the Institut für Mentaltraining Kiel.
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A Master's degree in Business Psychology from FOM University of Applied Sciences, Frankfurt.
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Exclusion of Certain Methods: The coach agrees not to use, teach, or otherwise disseminate the "technologies of L. Ron Hubbard."
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Constitutional Organizations: The coach declares that he does not belong to any unconstitutional organization.
§5 Rights and Duties of the Client
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Self-Responsibility: The client is responsible for their health before, during, and after the entire coaching process/workshop.
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Punctuality and Commitment: The client attends all agreed coaching/workshop appointments punctually and conscientiously. They allow at least <TIME> minutes before and after each session to sufficiently distance themselves from usual obligations.
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Active Participation: The client actively and committedly participates in the coaching process. The coach can only provide suggestions for change and reflection. The client is aware that they (the client) must actively implement these suggestions in a suitable manner for the coaching to be successful.
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Confidentiality: The client agrees to keep confidential all information and content received during the coaching and not to disclose any confidential details to third parties.
§6 Fees and Invoicing
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Coaching Costs: The costs for coaching are based on the package chosen by the client or the agreed-upon individual session. The available packages and their prices are presented to the client in the booking system. After selecting the package, the following rules apply.
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Calculation of Fees: The fee for the booked services is calculated based on the selected package, as listed in the booking system. All prices are quoted net plus the applicable statutory VAT.
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Additional Costs and Payment Terms: All other provisions regarding fees, invoicing, session duration, additional costs, and payment defaults also apply to all booked packages unless expressly agreed otherwise.
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Additional Services: If the client requires additional services beyond the booked package, these will be charged according to the conditions specified in the contract or booking system.
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Session Duration: A coaching session/workshop hour generally covers 60 minutes. Deviations will be announced by the coach in advance. Exceptions may be made to the rules regarding the duration of a coaching session or workshop hour to meet the needs of the client/principal or the requirements of a specific workshop. In the case of unforeseen events, such as technical problems, it may be necessary to adjust the session duration.
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Honorarium for Queries: Email or telephone inquiries from the client to the coach that concern coaching topics are charged according to the time spent. Simple appointment arrangements are not considered.
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Invoicing and Payment Terms: Payment for booked packages is made in advance at the time of booking via the online booking system. Regardless of whether the client has booked a package or individual sessions, the coach may issue an invoice or partial invoice to the principal in writing after each coaching session, after several sessions, or after the entire process, provided payment has not already been made in advance. The principal shall settle the invoice(s) within 10 days of receipt. In the event of payment default, default interest will be charged at the statutory rate.
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Payment and Due Dates: For bookings via the online booking system, the fee for the chosen package is due in advance. The fee is payable regardless of the success or outcome of the coaching measures. If payment has not been made in advance, the fee is due at the latest upon provision of the agreed service.
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Cancellation Policy: If the client is unable to attend, they must cancel the appointment at least two days in advance. Otherwise, 50% of the agreed fee is still due without deduction. In the case of cancellations within less than two days or non-attendance, 100% of the fee is due.
§7 Limitation of Liability
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The coach is fully liable for intent and gross negligence.
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For simple negligence – except in cases of injury to life, body, or health – the coach is only liable if essential contractual obligations (cardinal obligations) are breached. Liability is limited to the typical and foreseeable damage, but not exceeding EUR 100,000.
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Liability for indirect and unforeseeable damages, loss of production and use, lost profits, missed savings, and financial losses due to third-party claims is excluded in cases of simple negligence – except in cases of injury to life, body, or health.
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Any further liability than provided in this contract is excluded, regardless of the legal nature of the asserted claim. The aforementioned limitations or exclusions of liability do not apply to mandatory statutory liability (e.g., under the Product Liability Act) or liability arising from a no-fault guarantee.
§8 Contract Duration and Extension of Scope
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The contract between the principal and coach is valid indefinitely or for the duration of the workshop/package and ends automatically after the completion of the coaching/workshop. Either party may terminate the contract with five working days' notice without giving reasons.
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Early Termination: The participant may only terminate the contract prematurely under the conditions set out in §6 (9).
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No-Show: In the case of non-attendance without prior written notice of termination, the full fee will be retained, and there is no entitlement to a refund.
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Changes or extensions to the contract content must be in writing and may also be agreed upon by email, provided both parties expressly agree and the corresponding emails are confirmed by both parties. Agreements via WhatsApp or other messaging services are only valid if subsequently confirmed in writing or by email.
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If additional services are required during the workshop/coaching, these may be mutually agreed upon and recorded in a written addendum to the contract.
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To the extent that services and counseling are provided via telephone or the internet, the coach shall endeavor to provide the most comprehensive and accurate service possible. However, full availability or flawless operation of telephone and internet services cannot be guaranteed. There may be delays or cancellations due to factors beyond the coach’s control, such as technical failures of the internet, unforeseen problems with telephone providers, or natural disasters.
§8 Notice of Right of Withdrawal
(Effective as of: August 1, 2024)
Right of Withdrawal
The Client has the right to withdraw from this contract within fourteen (14) days without providing any reason.
The withdrawal period is fourteen (14) days from the date the contract is concluded.
To exercise the right of withdrawal, the Client must inform me, Sara Haug,
Julius-Reiber-Str. 44
64293 Darmstadt
Email address: info@sara-haug.com
via an unequivocal statement (e.g., a letter sent by post or an email) of their decision to withdraw from this contract. The Client may use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Client to send their communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If the Client withdraws from this contract, I shall reimburse all payments received from the Client without undue delay and no later than fourteen (14) days from the day on which I receive the notification of the Client’s withdrawal from this contract. For this reimbursement, I will use the same means of payment that the Client used for the initial transaction, unless expressly agreed otherwise; in any event, the Client will not incur any fees as a result of such reimbursement.
If the Client has requested that the provision of services begin during the withdrawal period, the Client shall pay me an amount which is in proportion to the services provided up to the point in time at which the Client informs me of the exercise of the right of withdrawal with respect to this contract.
Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To:
Sara Haug
Julius-Reiber-Str. 44
64293 Darmstadt
info@sara-haug.com
I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/provision of the following service ():
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted in paper):
Date
§9 Data Protection and Confidentiality
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The protection of personal data is a top priority for the coach. All data is processed in accordance with applicable data protection laws.
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The client agrees that the coach may process their personal data for the purpose of providing coaching services. Personal data will not be disclosed to third parties without the client's consent.
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The client agrees to maintain confidentiality about any information shared by other participants or discussed in group coaching or workshops.
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The coach is committed to professional secrecy and ensures that all information obtained in the course of the coaching is treated confidentially and is not passed on to third parties without the client's consent.
§10 Final Provisions
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Severability Clause: Should individual provisions of this contract be or become ineffective, this shall not affect the validity of the remaining provisions. The parties undertake to replace the ineffective provision with a legally permissible provision that comes as close as possible to the economic purpose of the ineffective provision.
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Applicable Law: The contract is governed exclusively by the laws of the Federal Republic of Germany, excluding its conflict of law provisions.
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Jurisdiction: The place of jurisdiction is Frankfurt am Main.
By booking the coaching session, you confirm that you have read and understood these GTC and agree to them.
Permitted Use
(1) Our services are provided to you for informational purposes and for private, non-commercial use only. You must comply with these terms and all applicable laws when using our services.
(2) Unless expressly permitted by these terms, you may not: (i) use our services in an unlawful or fraudulent manner (including infringing on the rights of third parties) or for purposes of collecting personal data or impersonating other users; (ii) modify or use our notices of copyright, trademark, or other proprietary rights, or interfere with the security features of our services; (iii) use our services to manipulate or falsify content, undermine the integrity and accuracy of content, or take actions that disrupt, damage, or interfere with parts of our services; (iv) use our services to send, receive, upload/post, or download material that does not comply with our content standards; (v) use our services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our services to transmit or upload data containing viruses, trojans, worms, time bombs, keyloggers, spyware, adware, or other harmful programs or similar computer codes intended to disrupt the operation of software or hardware; (vii) use robots, spiders, or other automated devices or manual procedures to monitor or copy our website or other websites or the content contained in our services, or use network monitoring software to determine the architecture of our services or extract usage data from our services; (viii) engage in behavior that restricts or inhibits other users' ability to use our services; or (ix) use our services for commercial purposes or in connection with any commercial activity without our prior written consent. You agree to fully cooperate with us in investigating any activity that allegedly or actually violates these terms.
Intellectual Property Rights
(1) Our services and related content (and any derivative works or improvements thereof), including but not limited to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names, and trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or licensed to us (collectively, “our intellectual property rights”). Nothing in these terms grants you any rights with respect to our intellectual property rights. Unless expressly stated otherwise or required by mandatory legal provisions for the use of the services, you do not acquire any rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these terms are reserved.
(2) If the services you book include the use of digital content such as music or videos, the rights granted to you will be as specified in relation to such bookings on the site.
Disclaimer of Warranties for Use of the Site and Services
The services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided “as is” and “as available,” without any warranties of any kind, whether express or implied (including, but not limited to, warranties of fitness for a particular purpose, or warranties regarding the security, reliability, accuracy, and performance of our services), except in cases of willful concealment of defects. We do not warrant that the free services will be available without interruption or error, or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance, or updates. The warranty for paid services or services you have ordered remains unaffected by this.
Indemnification
You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the site and services in violation of these terms, including specifically any use that violates the restrictions and requirements set forth in the “Permitted Use” section, unless such circumstances are not attributable to your fault.
Limitation of Liability
(1) We are liable only for intent, gross negligence, negligence resulting in injury to life, body, or health, or for lightly negligent breaches of essential contractual obligations, and only in the case of paid services or services offered. An “essential contractual obligation” means an obligation whose fulfillment is a basic prerequisite for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for lightly negligent breaches of an essential contractual obligation is limited to the amount of typical and foreseeable damages for this type of contract. Our liability under the Product Liability Act or for cases where we have expressly given a guarantee remains unaffected.
(2) The above provisions apply to both our contractual (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as liability arising from pre-contractual dealings (culpa in contrahendo). They also apply in favor of our directors, officers, or other legal representatives, employees, and agents.
Changes to Terms and Services; Termination
We reserve the right to amend these terms from time to time at our sole discretion to reflect changes in law or additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these terms regularly and in any case during the booking process when you complete a booking. The new terms will apply to any new order you place after the date of the new terms coming into effect. If ongoing services you use are affected by changes to the terms, we will consider your legitimate interests in a reasonable manner. We will notify you of such changes in advance. The changes will be deemed accepted by you if you do not object to them within two months of such notice. We will indicate this in our notice. If you object to the changes, we have a special right of termination—without further obligations to you—that will become effective on the date of the changes coming into effect.
We may modify the services, discontinue the provision of the services or any one or more functions of the offered services, or restrict the services. We may terminate or suspend access to the services permanently or temporarily—without giving reasons and without further obligations. We will, where possible under the given circumstances, notify you in advance and take your legitimate interests into account in such measures.
Links to Third-Party Websites
The services may contain links that allow you to leave the site. Unless otherwise stated, these linked sites are not under our control, and we are not responsible for the content of linked sites, for links contained on a linked site, or for changes or updates to such sites. We are not responsible for transmissions received from a linked site. Links to third-party websites are provided solely for informational purposes. The inclusion of links to other websites does not imply that we own or endorse their content.
Governing Law
(1) These terms are governed by the laws of the [Federal Republic of Germany] (excluding conflict of law principles) and will be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to resolve disputes with consumers through alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party of a breach or delay in the performance of these terms does not constitute a waiver of any prior or subsequent breaches or delays.
(2) The headings used in these terms are for convenience only and have no legal significance.
(3) Unless expressly stated otherwise, if any part of these terms is found to be illegal or unenforceable for any reason, that part will be deemed deleted, and the remaining terms will remain unaffected and in full force.
(4) You may not assign, transfer, or delegate your rights or obligations under these terms, in whole or in part, without our prior written consent.
(5) These terms constitute the entire agreement and supersede all prior written or oral agreements between you and us concerning the services and the booking of offered services.
(6) The provisions of these terms that by their nature should survive such action shall remain in effect, particularly with respect to indemnification, indemnity, disclaimers, limitations of liability, and this “Miscellaneous” section.
Contact
To contact us, please send an email to:
Name:
Sara Haug
Address:
Julius-Reiber-Str. 44
Email:
info@sara-haug.com