AGB
General Terms and Conditions
January 2024
§ 1 Definition of terms
(1) Kevin Kocher / Immigrant Spirit LLC offers individual coaching and group seminars in the area of career. In particular, coaching and seminars are offered on the topics of job search, strategic goal planning, self-discipline, relationship management, sales training, presentation and rhetoric. In the following, all of the above services offered by Kevin Kocher / Immigrant Spirit LLC are referred to collectively as “coaching”.
There is also the option of an additional offer, the so-called “Expats Job Offer Miracle”, hereinafter referred to as “EJO Miracle”. This can be booked additionally and includes support over a total period of 151 days.
There are two additional fee-based offers for the “Expats Job Offer Miracle”: From February 1 to June 30, the “Expats Job Offer by Summer” program and from September 1 to November 30, the “Expats Job Offer by Christmas” program.
(2) The following General Terms and Conditions of Kevin Kocher / Immigrant Spirit apply to all bookings of coaching or the EJO Miracle or the “Expats Job Offer by Summer” or the “Expats Job Offer by Christmas” program between Kevin Kocher / Immigrant Spirit and an entrepreneur or a consumer (hereinafter “Client“) in the version valid at the time of booking.
(3) A “consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
(4) “Entrepreneur” within the meaning of these terms and conditions is any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
(5) Insofar as this is stated separately in each case, individual provisions of these terms and conditions apply exclusively to entrepreneurs or only to consumers.
§ 2 Conclusion of a contract
(1) The following provisions on the conclusion of contracts apply to bookings made via the Internet at www.immigrantspirit.com.
(2) In the event of conclusion of the contract, the contract is concluded with
Kevin Kocher / Immigrant Spirit
Henriettenstrasse 77
20259 Hamburg
Germany
(3) The advertising of the coachings or the EJO Miracle as well as the “Expats Job Offer by Summer” and “Expats Job Offer by Christmas” programs on our Internet pages does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the client to book trainings or to apply for the EJO Miracle or one of the two additional programs. By booking the desired training courses or the EJO Miracle, the “Expats Job Offer by Summer” or the “Expats Job Offer by Christmas” program on the Internet or by e-mail, the client submits a binding offer to conclude a service contract.
(4) The actual conclusion of the contract is subject to the following conditions:
a) Booking process
You can book the desired coaching or the EJO Miracle, the “Expats Job Offer by Summer” or the “Expats Job Offer by Christmas” program via our website by entering your name, address and e-mail address. Under payment method you can then choose between credit card, bank transfer or PayPal and enter the relevant details.
At the end of the booking process, by clicking on the “Book now for a fee” button and confirming that you accept the General Terms and Conditions and the Privacy Policy and that you are 18 years of age or older, you submit a binding offer to book the selected coaching or the EJO Miracle, the “Expats Job Offer by Summer” or the “Expats Job Offer by Christmas”.
Immediately after submitting your booking, you will receive a booking confirmation from us by e-mail, confirming receipt of your booking and listing its details.
b) Canceling the booking process
You can cancel the booking process at any time before it is completed by closing the Internet browser.
c) Conclusion of contract
The contract for the binding booking of the coaching or the EJO Miracle or the “Expats Job Offer by Summer” or the “Expats Job Offer by Christmas” program is concluded upon receipt of the booking confirmation as acceptance of your offer.
(5) The text of the contract will be saved by us. In addition, we will send you the contract data and our GTCs by e-mail. For security reasons, your order data is no longer accessible via the Internet.
§ 3 Service content / Client’s duty to cooperate
(1) The service provided by Kevin Kocher / Immigrant Spirit with regard to the coaching sessions includes participation in the booked coaching as well as any teaching material and certificate of participation.
(2) The success of coaching by Kevin Kocher / Immigrant Spirit depends crucially on the client’s committed participation and (in the case of seminars with several participants) on his cooperation with the other clients. The client will not be able to achieve his/her goal if he/she is unwilling or unable to perform.
(3) Individual coaching sessions consist of up to 1.5 hours of coaching and a 30-minute follow-up coaching session.
(4) The “Circle of Seven” coaching includes twelve individual coaching sessions, each lasting a maximum of 75 minutes. All coaching sessions must be completed within a period of 180 days. After that, the entitlement expires without compensation.
(5) The EJO Miracle includes the services listed at https://www.immigrantspirit.com/miracle.
(6) The “Expats Job Offer by Summer” program includes the services listed at https://www.immigrantspirit.com/summer. In addition to the services included in the “EJO Miracle”, Kevin Kocher / Immigrant Spirit will contact 5 managers previously identified by the client as helpful contacts each week for the duration of the program. The client sends Kevin Kocher / Immigrant Spirit the links to the Linkedin profiles of the managers to be contacted every Tuesday. The “Expats Job Offer by Summer” program runs from February 1st to June 30th. The program ends for all clients on June 30th – regardless of when they joined the program.
(7) The “Expats Job Offer by Christmas” program includes the services listed at https://www.immigrantspirit.com/christmas. In addition to the services included in the “EJO Miracle”, Kevin Kocher / Immigrant Spirit will contact 5 managers each week for the duration of the program that the client has previously identified as helpful contacts. The client sends Kevin Kocher / Immigrant Spirit the links to the Linkedin profiles of the managers to be contacted every Tuesday. The “Expats Job Offer by Christmas” program runs from September 1st to November 30th. The program ends for all clients on November 30th – regardless of when they joined the program.
§ 4 Prices, due date, default of payment
(2) The invoice for the booked situational coaching will be sent with the booking confirmation and the amount of €497 is due for payment immediately to the bank account or PayPal account specified there. You will only receive a binding appointment for your first coaching session once payment has been received in full.
If you have booked the “Expats Job Offer by Summer” program, the total price is due in two installments. The first payment of €1,897 is due immediately to the bank account or PayPal account specified there. You will only receive a binding appointment for your first coaching session once payment has been received in full. The remaining amount of € is due for payment on January 30th. If the client joins the program after 31 January, the remaining amount is due for payment one week after the first coaching session.
If you have booked the “Expats Job Offer by Christmas” program, the total price of € is due in two installments. The first payment of € 1,897 is due immediately to the bank account or PayPal account specified there. You will only receive a binding appointment for your first coaching session once payment has been received in full. The remaining amount of € is due for payment on August 30th. If the client joins the program after 30 August, the remaining amount is due for payment one week after the first coaching session.
(3) Upon expiry of the respective payment period in accordance with paragraph 2, default of payment shall occur automatically and without further reminder. From the occurrence of default, interest shall be charged on amounts due at a rate of 5 percentage points for consumers and 9 percentage points for entrepreneurs above the respective base interest rate. Kevin Kocher / Immigrant Spirit reserves the right to prove higher damages.
(4) If the client is more than four weeks in arrears with a payment on an outstanding claim, Kevin Kocher / Immigrant Spirit shall be entitled to declare all claims from the contractual relationship that are not yet due to be due immediately.
(5) Offsetting against claims of Kevin Kocher / Immigrant Spirit is only permitted with such counterclaims that are undisputed, recognized or legally established. The exercise of a right of retention is only permitted with regard to counterclaims that are based on the same contractual relationship and are undisputed, recognized or have been legally established.
§ 5 Postponement and cancellation of appointments
(1) Kevin Kocher / Immigrant Spirit has the right to postpone a booked coaching free of charge.
(2) Cancellations are only effective in writing or by email. Claims for damages are excluded. Reimbursement of travel, hotel and similar costs incurred is unfortunately also not possible.
§ 6 Cancellation policy
The following right of withdrawal applies exclusively to consumers in accordance with § 1 No. 3 of these General Terms and Conditions when booking via the Internet or other means of distance communication:
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a) Right of withdrawal
You have the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form (link), but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Please address your revocation to:
By mail:
Kevin Kocher – Immigrant Spirit
Henriettenstrasse 77
20259 Hamburg
Germany
Per E-Mail: kevin@immigrantspirit.com
We will immediately send you a confirmation of receipt of your revocation.
b) Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
End of the withdrawal policy
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§ 7 Information on warranty law / limitation period
(1) Notwithstanding the right of withdrawal pursuant to § 7, the statutory warranty right shall apply.
(2) If the client is an entrepreneur, a legal entity under public law or a special fund under public law, the warranty period shall be 12 months.
(1) Kevin Kocher / Immigrant Spirit shall only be liable for breach of contractual and non-contractual obligations, in particular for default, culpa in contrahendo, impossibility of performance and tort, in cases of intent and gross negligence, unless the simple negligence relates to the breach of essential contractual obligations, namely those whose fulfillment characterizes the contract and on whose fulfillment the client may therefore rely, or relates to damages resulting from injury to life, body or health. If Kevin Kocher / Immigrant Spirit negligently breaches a material contractual obligation, the obligation to pay compensation for material damage shall be limited to the damage typically foreseeable at the time of conclusion of the contract.
§ 8 Disclaimer
(2) Kevin Kocher / Immigrant Spirit shall not be liable in the event of force majeur.
(3) Insofar as the liability of Kevin Kocher / Immigrant Spirit is excluded or limited, this shall also apply to the personal liability of its employees, staff, representatives and vicarious agents.
§ 9 Data protection / Confidentiality
(1) Kevin Kocher / Immigrant Spirit owns the sole copyright to documents created by him. This also applies to audio and/or video recordings of webinars, seminars or coaching sessions. Reproduction or distribution is strictly prohibited. The recording of audio and/or video during a training session by participants, guests or third parties is strictly prohibited. This serves to protect the privacy of any other clients and copyright. Any violation of this rule will result in immediate exclusion from the coaching or seminar without compensation. Kevin Kocher / Immigrant Spirit reserves the right to take further legal action.
(2) Kevin Kocher / Immigrant Spirit undertakes to maintain strict confidentiality about all facts that become known to it in the course of its work for the client and to instruct all employees about this obligation. The obligation to maintain confidentiality shall also apply beyond the end of the assignment.
(3) Client data will only be used within the scope of the assignment, securely protected against unauthorized access and not disclosed to third parties, as well as stored and treated confidentially in compliance with the regulations of the Data Protection Act. Further information can be found in our privacy policy (link).
§ 10 Place of jurisdiction / Applicable law / Contract language
(1) German law shall apply to the contractual relationship itself as well as to all disputes in connection with it, excluding the conflict of laws rules of the IPR and the UN Convention on Contracts for the International Sale of Goods; this shall also apply in particular to bookings from another country.
(2) If the client is an entrepreneur or a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Germany. In the event of a legal dispute with a consumer, Kevin Kocher / Immigrant Spirit assures to agree to a place of jurisdiction in Germany without complaint.(1) German law shall apply to the contractual relationship itself as well as to all disputes in connection with it, excluding the conflict of laws rules of the IPR and the UN Convention on Contracts for the International Sale of Goods; this shall also apply in particular to bookings from another country.
(2) If the client is an entrepreneur or a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Germany. In the event of a legal dispute with a consumer, Kevin Kocher / Immigrant Spirit assures to agree to a place of jurisdiction in Germany without complaint.
(3) Only German and English are available as contract languages.
Should individual provisions of these General Terms and Conditions be or become invalid or incomplete, this shall not affect the legal validity of the remaining General Terms and Conditions. In place of the invalid or incomplete provision of these General Terms and Conditions, a valid provision shall be deemed to have been agreed which comes closest to the original economic intention of the parties.
§ 12 Provider identification:
Henriettenstrasse 77
20259 Hamburg
Germany
Telefon +49 211 9954 5935
kevin@immigrantspirit.com
www.immigrantspirit.com
§ 13 Extrajudicial online dispute resolution (ODR platform)
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr.
We are not forced to participate in the dispute resolution procedure.