General Terms and Conditions

General Terms and Conditions (B2B)

General Terms and Conditions for Business Customers

Effective: March 2026

These General Terms and Conditions (“GTC”) apply to all contracts, deliveries, and other services provided by Freude am Führen! GmbH, Cosimastr. 121, 81925 Munich (hereinafter: “Service Provider”) to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (hereinafter “Customer”). Any deviating terms and conditions of the Customer are hereby rejected, unless their validity is expressly confirmed in writing.

The GTC consist of

The GTC can be accessed and saved at www.freude-am-fuehren.net/agb or will be provided via email upon request.

I. General Provisions

§ 1 Scope of Application and Contracting Parties

The Service Provider offers its services exclusively to business entities, legal entities under public law, or special funds under public law, and not to consumers within the meaning of § 13 BGB. By entering into the contract, the Customer confirms that they are a business entity and that they are obtaining the services for their commercial or freelance activities.

§ 2 Individual Agreements and Written Form

(1) Individual agreements, including ancillary agreements, amendments, and terminations of contracts, must be in writing to be effective. Verbal ancillary agreements are not binding unless confirmed in writing in individual cases. Statutory formal requirements remain unaffected.

(2) In case of doubt, individual agreements shall take precedence over these General Terms and Conditions.

§ 3 Incorporation and Conclusion of Contract

(1) A contract with the service provider is concluded through written acceptance of an offer, countersigning of a contract, booking (including online), email confirmation, or implied conduct. The respective service description or individual order agreement forms part of the contract.

(2) The incorporation of these Terms and Conditions requires that the customer was informed of their applicability prior to the conclusion of the contract and had the opportunity to familiarize themselves with their content in a reasonable manner.

§ 4 Prices, Terms of Payment, and Due Date

(1) Unless expressly agreed otherwise, prices are net plus the applicable value-added tax.

(2) After the conclusion of the contract and the provision of services, the Service Provider shall issue an invoice to the Customer that complies with legal requirements (in particular § 14 UStG). As of January 1, 2025, invoices for domestic B2B orders will generally be issued as electronic invoices (e-invoices), unless a statutory exception applies (e.g., small-amount invoices up to EUR 250 or tax-exempt services pursuant to Section 4 Nos. 8 through 29 of the German Value Added Tax Act (UStG)). During statutory transition periods (currently until the end of 2026), a paper invoice or an invoice in PDF format may also be issued and transmitted—subject to the customer’s consent.

(3) The invoice is transmitted to the customer electronically (via email, download link, or similar) or in paper form.

(4) Unless otherwise agreed, payment is due without deduction no later than 14 days after the invoice date.

(5) A right of retention or set-off is permitted only with respect to undisputed or legally established counterclaims.

§ 5 Liability

(1) The service provider is liable for damages only in cases of intent or gross negligence. In cases of slight negligence, liability is excluded—except in cases of injury to life, limb, or health and in cases of breach of material contractual obligations (cardinal obligations); in the event of a breach of material contractual obligations, liability is limited to the typically foreseeable damage.

(2) Liability under the Product Liability Act and other mandatory statutory provisions remains unaffected.

(3) To the extent that activities by external providers—such as climbing gyms, swimming pools, sports facilities, or comparable establishments—are carried out independently as part of the seminar program, the user is liable only for its own negligence in the selection and organization of these providers. The Organizer’s liability for damages arising in connection with the performance of such third-party services is excluded, unless injury to life, limb, or health results from an intentional or grossly negligent breach of duty by the Organizer or its vicarious agents, or a material contractual obligation has been culpably breached. In all other respects, the statutory liability provisions apply. Participants are required to follow the instructions of the respective providers and to ensure responsible and careful conduct during the activities.

(4) To the extent that the Service Provider’s liability is excluded or limited under the foregoing provisions, this also applies to the personal liability of vicarious agents, subcontractors, and other third parties whom the Service Provider engages in the performance of services.

§ 6 Confidentiality and Data Protection

(1) Both contracting parties undertake to treat all confidential information that has become known or has been made available within the scope of the business relationship—in particular trade and business secrets, communications, documents, analyses, planning concepts, and technical or organizational information—as strictly confidential and not to disclose such information to third parties without the express written consent of the other party. This applies regardless of whether the information is expressly marked as “confidential” or whether its confidentiality arises from the circumstances.

(2) The duty of confidentiality shall continue beyond the term of this contract, even after its termination, for a period of at least five years or for as long as there is a legitimate interest in maintaining the confidentiality of the respective information.

(3) Excluded from the duty of confidentiality is any information that was demonstrably already in the public domain, was obtained from generally accessible sources, was demonstrably known to the receiving party prior to its disclosure, or is lawfully disclosed by a third party without breaching existing confidentiality obligations.

(4) The Customer undertakes not to use any documents, drafts, or other data provided for its own purposes, nor to disclose or reproduce them to third parties without the prior written consent of the Service Provider. Upon completion of the project or upon request, all documents and data received—including copies and digital media—must be returned to the Service Provider or destroyed in compliance with data protection regulations.

(5) The parties undertake to comply with all applicable data protection regulations when handling personal data, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). The Service Provider processes personal data exclusively for the purpose of fulfilling the contract and within the framework of statutory provisions.

(6) To the extent that the processing or transfer of personal data is carried out on behalf of the other party for the purpose of contract performance, the parties shall conclude a separate Data Processing Agreement (DPA) in accordance with Article 28 of the GDPR.

(7) The obligations under this paragraph also apply to any vicarious agents or assistants engaged. The parties undertake to ensure that their employees and other agents are appropriately bound to maintain confidentiality and comply with data protection requirements.

(8) During the term of the contract, each party is entitled to store the confidential information and personal data made available to it within the scope of the cooperation—whether in electronic, paper-based, or any other form—on its own data storage media in compliance with applicable data protection and security regulations and to protect such information from unauthorized access. Upon termination of the contract or upon written request by the other party, all confidential information and personal data stored on its own data carriers—including any backups and copies—shall be immediately either destroyed in compliance with data protection regulations or, if technically feasible and agreed upon, returned to the disclosing party; with the exception of data whose continued retention is mandatory due to statutory retention obligations. The destruction or return must be confirmed in writing upon request.

(9) The Service Provider shall use the Customer’s personal data for the purpose of advertising its own products, services, or events via email, telephone, fax, or other electronic media only with the Customer’s prior express, documented consent. The Customer may revoke any consent granted at any time with future effect, without this affecting the lawfulness of the processing carried out prior to the revocation. By way of exception, advertising communications without separate consent are only permissible to the extent permitted by law, in particular within the framework of an existing business relationship with existing customers pursuant to Section 7(3) of the German Unfair Competition Act (UWG) and in accordance with data protection regulations, provided that the customer may object to receiving further advertising at any time.

§ 7 Jurisdiction and Applicable Law

(1) The law of the Federal Republic of Germany applies to all contractual relationships, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The exclusive place of jurisdiction for all disputes is, to the extent legally permissible, Rosenheim.

(3) For international mandates, the statutory provisions on jurisdiction apply in addition.

II. Special Provisions for Management Consulting

§ 8 Subject Matter of the Contract and Scope of Services

(1) Consulting services are agreed upon on a case-by-case basis through a written service description.

(2) The contract is fulfilled when the analyses and recommendations have been explained and made available in writing or orally. Unless individually agreed, successful implementation is not guaranteed.

§ 9 Obligations and Cooperation of the Client

The client is obligated to provide all information necessary for the assignment in a timely, complete, and accurate manner and to perform the necessary acts of cooperation. The service provider may rely on the information provided to it as accurate and complete.

§ 10 Intellectual Property Rights/Rights of Use

(1) All documents, materials, electronic files, graphics, presentations, and content offered and provided by the Service Provider in the online shop or as part of other services remain protected by copyright in any form (original or modified) in accordance with the German Copyright Act (UrhG). Copyright extends to all texts, images, structure, design, and digital protection mechanisms. The Service Provider expressly reserves the right to apply invisible technical protection measures or digital watermarks to files to prevent unauthorized distribution or use.

(2) Upon receipt of full payment, the Service Provider grants the respective Customer a simple, non-exclusive, and non-transferable right of use for internal business purposes, without any temporal or geographical restrictions. The customer is entitled to store the received files on their own computers, edit them individually, and print them in any quantity for internal company use, as well as—to the extent necessary for internal project execution—digitally share them with internal company users.

(3) The granted right of use expressly does not include the right:

(4) The circumvention or removal of technical protection measures, as well as the removal of digital watermarks, is prohibited. In cases of suspected unauthorized use, the service provider is entitled to demand the surrender and/or destruction of unlawfully produced copies and, if necessary, to claim damages.

(5) Any further use, in particular any external publication, commercial or group-wide use, licensing, or integration into automated systems or databases, requires the express prior written consent of the Service Provider.

III. Special Provisions for Training and Seminars

§ 11 Booking and Conclusion

(1) When booking a training or seminar event via the online portal at www.peterzoller.de, the contract is concluded as soon as the customer has paid the seminar fee after completing the booking process. Upon payment, the registration is binding for both the customer and the Service Provider. The customer will immediately receive a booking confirmation, including an invoice, at the provided email address.

(2) For bookings made by phone, email, letter, or fax, the service provider will send the customer a customized quote for the desired training or seminar event. The customer may accept this quote as binding within two weeks of receipt by submitting a written declaration of acceptance (e.g., via email, fax, or signed letter). Only upon receipt of this declaration of acceptance by the service provider is the registration binding for both parties; the customer will then receive the corresponding booking confirmation and invoice.

(3) The following applies to all event formats: Due to the limited number of participants in the interest of the customers, registrations are generally processed in the order in which they are received.

(4) All trainers and speakers engaged by the Service Provider in connection with training or seminar events act exclusively on behalf of and in the name of the Service Provider. Additional, follow-up, and new assignments involving these trainers, as well as inquiries or coordination regarding the event content, must be handled exclusively through the Service Provider within 24 months of the event’s conclusion.

§ 12 Terms of Participation, Cancellation, and Rescheduling

(1) The terms of participation listed in the offer/booking confirmation apply.

(2) The customer may cancel their participation in writing as follows:

Any fees already paid will be refunded on a pro-rata basis, if applicable.

(3) Re-bookings to substitute participants are possible until the start of the event.

§ 13 Conduct and Cancellation

(1) The booked training or seminar event will be conducted in accordance with the respective service descriptions, the offer, and the booking confirmation. Location, dates, content, and responsible trainers/speakers are specified in the event description or in the confirmation letter. The service provider reserves the right to make organizational changes, in particular adjustments to the location, content, and the trainers assigned, provided that the overall character of the event is maintained and no essential elements of the contract are altered.

(2) The event is contingent upon a predetermined minimum number of participants. If this number is not reached or if other compelling reasons exist (e.g., illness of the trainer, force majeure, safety concerns), the service provider is entitled to cancel or postpone the event within a reasonable period prior to its start. Participation fees already paid will be fully refunded in the event of cancellation without a rescheduled date. In the event of a postponement, the customer may either attend the rescheduled date or cancel free of charge.

(3) The service provider shall immediately inform registered participants of any cancellation, postponement, or other significant changes via email or another means of communication. No further claims for reimbursement of costs, such as travel, accommodation, or cancellation fees, shall exist. Liability for intent and gross negligence remains unaffected.

(4) In the event of last-minute cancellations (e.g., sudden illness of the trainer, emergencies, pandemics), the service provider is entitled to use substitute speakers or offer an appropriate alternative program, provided this is reasonable and the purpose of the contract is maintained. If this is not possible, the event will be canceled and the participation fee will be refunded in full.

(5) The service provider is entitled to exclude individual participants from the remainder of the event due to serious misconduct or non-compliance with the terms of participation. In this case, there is no entitlement to a refund of the participation fee; further claims for damages are excluded.

§ 14 Copyrights

All copyrights and other intellectual property rights regarding the training materials, including those pertaining to translation, reprinting, and reproduction, remain with the Service Provider. Without prior written permission from the Service Provider, no user may reproduce, duplicate, distribute, or publicly display the training materials, in whole or in part, in any form, including for the purpose of lesson planning.

§ 15 No Right of Withdrawal

(1) For entrepreneurs within the meaning of § 14 BGB, there is no statutory right of withdrawal.

(2) No contractual right of withdrawal, exchange, or cancellation is granted unless this is expressly agreed in writing in individual cases.

§ 16 Severability Clause

Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to agree on a provision in place of the invalid one that comes as close as possible to the economic purpose of the invalid provision.

 

 

General Terms and Conditions (B2C)

General Terms and Conditions for Consumers

As of: March 2026

These General Terms and Conditions (“GTC”) apply to all contracts between Freude am Führen! GmbH (hereinafter: “Service Provider”) and consumers within the meaning of § 13 BGB.

§ 1 SCOPE OF APPLICATION

(1) These GTC apply to all contracts between the Service Provider and consumers regarding the following services:

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

(3) Individual agreements always take precedence over these Terms and Conditions. The validity of individual agreements, as well as any amendment, supplement, or cancellation of such agreements, requires the written form.

§ 2 CONCLUSION OF THE CONTRACT

(1) For online bookings, the customer submits a binding offer to conclude the contract by clicking the “Place Order” button. The contract is concluded when the customer receives our confirmation via email and the seminar fee has been paid. The customer receives the invoice along with the booking confirmation.

(2) For written offers, the contract is concluded upon the customer’s written acceptance. Any ancillary agreements must be made exclusively in writing.

(3) For all other booking procedures, e.g., by phone, email, letter, or fax, the service provider sends the customer an offer for the desired training or seminar event, which the customer may accept in writing within 2 weeks. Upon the customer’s confirmation, the registration becomes binding for both parties, and the customer subsequently receives the invoice.

(4) The customer receives an order confirmation containing all essential contract details. All Terms and Conditions are brought to the customer’s attention in advance and sent via email upon completion.

§ 3 SERVICE DESCRIPTION

(1) Coaching/Mentoring:

One-on-one sessions, usually 60 minutes, conducted live. Focus on personal development; no knowledge transfer, no performance test, no certificate

(2) PQ® Program:

(3) Personality test:

Online administration of the Gallup CliftonStrengths® test followed by evaluation.

(4) Some external digital services (e.g., PQ® video sessions, PQ® app) are provided by third-party vendors; the service provider assumes no liability for their availability or functionality.

§ 4 PRICES AND PAYMENT

(1) Prices are final prices including applicable VAT and are clearly displayed prior to contract conclusion.

(2) Prices include training services, training materials in German or English (depending on availability), lunch (for full-day training sessions), and refreshments during breaks, unless otherwise specified. Other costs associated with the training, such as accommodation and travel expenses, are to be borne by the participant, unless otherwise agreed with the client. Failure to attend or only partial attendance at an event does not entitle the participant to a reduction in the participation fee.

(3) An invoice will always be issued to the customer, which can also be sent as a PDF file via email upon request.

(4) Payment is due immediately upon invoicing, but no later than the start of the respective program. If the participation fee has not been paid by the start of the event, participation is unfortunately not possible.

(5) An early-bird discount is granted only if the booking and payment are made within the specified deadlines.

(6) In the event of late payment, late payment interest of 5 percentage points above the base rate may be charged.

§ 5 DATES AND CONDUCT

(1) Dates are only binding if they have been confirmed in writing.

(2) In the event of unforeseeable circumstances (illness, force majeure), dates may be rescheduled. Alternative dates will be offered.

(3) Coaching sessions take place in person (in-person or online). No recordings are made.

§ 6 CANCELLATION BY THE CLIENT

(1) Cancellation policies outside the statutory right of withdrawal:

(2) In the event of cancellation due to illness with a doctor’s note, the customer has the right to reschedule free of charge to a training session with the same course title on the next available date.

§ 7 LIABILITY

(1) Liability for damages exists exclusively for damages resulting from an intentional or grossly negligent breach of duty or a culpable injury to life, limb, or health caused by the provider or one of its vicarious agents. Any further liability, in particular for damages caused by the participant themselves or by third parties without a breach of duty by the provider or its vicarious agents, is excluded.

(2) We are liable for simple negligence only in the event of a breach of material contractual obligations, limited to foreseeable damages typical for the contract.

(3) No further liability is assumed for the content and functionality of external providers (PQ app, third-party videos), except where required by law.

(4) To the extent that activities by external providers—such as climbing gyms, swimming pools, sports facilities, or comparable establishments—are carried out independently as part of the seminar program, the provider is liable only for its own negligence in the selection and organization of these providers. Liability of the provider for damages arising in connection with the performance of such third-party services is excluded, unless injury to life, limb, or health results from an intentional or grossly negligent breach of duty by the provider or its vicarious agents, or a material contractual obligation has been culpably breached. In all other respects, the statutory liability provisions apply. Participants are required to follow the instructions of the respective providers and to ensure responsible and careful conduct during the activities.

(5) Liability under the Product Liability Act remains unaffected.

§ 8 DATA PROTECTION

(1) The processing of personal data is carried out in accordance with our Privacy Policy at www.freude-am-fuehren.net/datenschutz.

(2) To carry out individual offers, personal data is transferred to third parties (e.g., the provider of the PQ® app or Gallup Inc. for personality tests) in accordance with the privacy policy.

§ 9 COPYRIGHT

(1) All materials and content provided by the service provider are subject to copyright.

(2) Any disclosure, reproduction, or publication is strictly prohibited without written permission.

§ 10 DISPUTE RESOLUTION

(1) We are not obligated to participate in consumer arbitration proceedings.

(2) EU Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr

§ 11 FINAL PROVISIONS

(1) German law applies.

(2) Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.