General Terms and Conditions (GTC) of Galagan Advisory | Dr. Larissa Winter
1. Scope of Application
1.1 These General Terms and Conditions (GTC) govern all contractual relationships between Galagan Advisory | Dr. Larissa Winter (hereinafter referred to as “Galagan Advisory”) and its clients. The version valid at the time of conclusion of the contract shall apply.
1.2 These GTC shall also apply to all future contractual relationships, even if not expressly referred to again.
1.3 Any conflicting or supplementary terms and conditions of the client shall only become part of the contract if expressly confirmed in writing by Galagan Advisory.
1.4 Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent and economic purpose.
2. Contract Conclusion and Service Delivery
2.1 The type, scope, and content of consulting, coaching, training, or other services shall be agreed individually in writing. All offers made by Galagan Advisory are non-binding and subject to change. A contract shall only come into effect upon written acceptance by the client or written confirmation by Galagan Advisory.
2.2 The specific scope of services is determined by the respective contract and any supplementary documentation (e.g., website descriptions, brochures, or project materials). Reasonable modifications to the structure, methodology, or schedule are permissible provided that the essential character of the agreed service remains unchanged.
2.3 Galagan Advisory is entitled to perform services wholly or partially through qualified employees or external cooperation partners. No direct contractual relationship shall arise between the client and such third parties.
3. Client Obligations
3.1 Clients undertake to inform Galagan Advisory of any previous or ongoing consulting, coaching, or training services relevant to the agreed scope of services.
3.2 Clients shall provide all documents, data, and information necessary for proper performance of the services in a complete, accurate, and timely manner without being expressly requested to do so.
3.3 Clients are responsible for ensuring that appropriate organizational, technical, and personnel conditions are in place to enable effective service delivery.
3.4 Any required internal approvals or notifications (e.g., works councils or employee representatives) shall be obtained by the client prior to commencement of services.
4. Appointments and Cancellations
4.1 Galagan Advisory shall make reasonable efforts to adhere to scheduled appointments. If performance is prevented due to circumstances beyond reasonable control (e.g., illness, force majeure, insufficient participant numbers), Galagan Advisory may reschedule or cancel the appointment. Further claims are excluded.
4.2 Individual appointments must be cancelled at least 24 hours prior to the scheduled time. In the event of late cancellation, the full agreed fee may be charged.
4.3 Cancellations of block-format events (e.g., seminars or workshops) must be submitted in writing at least four weeks prior to the scheduled start date.
4.4 For business consulting services, cancellations must be made at least two weeks prior to the agreed appointment to avoid cancellation fees.
5. Cancellation Policy
5.1 Cancellations must be made in writing. Electronic communication (e.g., email) shall suffice.
5.2 If individual appointments are cancelled less than 48 hours in advance, Galagan Advisory reserves the right to charge the full agreed fee.
5.3 For block-format events, the following cancellation fees apply:
- Up to 4 weeks before the start date: free of charge
- Up to 1 week before the start date: 50% of the agreed fee
- Less than 1 week before the start date: 100% of the agreed fee
5.4 For consulting services, the following terms apply:
- Up to 2 weeks prior to the appointment: free of charge
- Up to 1 week prior: 50% of the agreed fee
- Less than 1 week prior: 100% of the agreed fee
6. Fees
6.1 Fees shall be agreed individually in the respective contract.
6.2 Invoices shall be issued in compliance with applicable legal requirements and may be transmitted electronically. The client expressly consents to electronic invoicing.
7. Payment Terms
7.1 Invoices are due immediately upon receipt and payable without deduction. For contracts exceeding EUR 2,500, advance payments or instalments may be required.
7.2 In the event of late payment, Galagan Advisory is entitled to suspend performance or withdraw from the contract. Statutory default interest (minimum 10% p.a.) as well as reminder and collection costs shall be borne by the client.
8. Data Protection
8.1 Personal data shall be processed in accordance with applicable data protection laws.
8.2 Data shall only be disclosed to third parties where necessary for contract performance or where legally required.
9. Use as Reference
9.1 The client agrees that Galagan Advisory may use the company name and logo as a reference in appropriate media (e.g., website, presentations, marketing materials), unless otherwise agreed in writing.
10. Intellectual Property and Copyright
10.1 All materials and content created or provided within the scope of the collaboration are protected by copyright and remain the intellectual property of Galagan Advisory or the respective author.
10.2 Any reproduction, distribution, or disclosure to third parties requires prior written consent.
11. Confidentiality and Loyalty
11.1 Galagan Advisory undertakes to treat all information obtained in the course of the collaboration as strictly confidential. This obligation shall continue beyond termination of the contract.
11.2 Both parties commit to mutual loyalty. The client shall not actively recruit participants, employees, or cooperation partners of Galagan Advisory during the contractual relationship and for 12 months thereafter.
12. Warranty
12.1 The success of consulting, coaching, and training services depends substantially on the client’s active participation. No guarantee of specific results is provided.
12.2 In case of justified defects in consulting services, Galagan Advisory shall be entitled to remedy such defects within a reasonable period. Warranty claims expire two years after completion of the service.
13. Liability
13.1 Galagan Advisory shall be liable for damages—excluding personal injury—only in cases of gross negligence or willful misconduct.
13.2 Claims for damages must be asserted within three months from the date the client becomes aware of the damage and the responsible party, and no later than one year from the occurrence of the damaging event.
13.3 The burden of proof for fault rests with the client.
13.4 No liability shall be assumed for services rendered by third parties.
14. Contract Duration
14.1 The contract shall terminate upon full performance of the agreed services.
14.2 Either party may terminate the contract with immediate effect for good cause.
15. Mediation Clause
15.1 In the event of disputes arising out of or in connection with the contract, the parties agree to first attempt resolution through mediation pursuant to the Austrian Civil Mediation Act before initiating court proceedings.
15.2 If mediation fails or is not initiated, Austrian substantive law shall apply.
16. Final Provisions
16.1 Amendments and supplements to these GTC must be made in writing.
16.2 No verbal side agreements shall be valid.
16.3 Austrian substantive law shall apply. Place of performance and jurisdiction shall be Vienna.
Last updated: November 2025