General Terms and Conditions (GTC) of Galagan Advisory | Dr. Larissa Winter
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to 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 contract conclusion shall apply.
1.2 These GTC also apply to all future agreements, even if not explicitly referred to in each individual case.
1.3 Any conflicting or supplementary terms and conditions of the client shall only apply if expressly acknowledged in writing by Galagan Advisory.
1.4 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely reflects the original intent and economic purpose.
2. Contract Conclusion and Service Delivery
2.1 The scope and content of consulting, coaching or training services are individually agreed upon in writing. Offers from Galagan Advisory are non-binding. A contract is deemed concluded once the client accepts the offer in writing or Galagan Advisory confirms the assignment in writing.
2.2 The scope of services is determined by the contract and/or supplementary service descriptions (e.g. website, brochures). Minor changes in content or structure are permitted as long as the core service remains unaffected.
2.3 Galagan Advisory reserves the right to delegate services entirely or partially to qualified employees or third-party partners. The remuneration of such third parties is handled solely by Galagan Advisory, and no direct contractual relationship is established between the client and these third parties.
3. Client Obligations
3.1 Clients agree to inform Galagan Advisory of any previous or ongoing consultations, coaching, or training relevant to the scope of services, including those from other providers.
3.2 Clients are responsible for providing Galagan Advisory with all necessary documents and information in a timely manner—without being specifically asked—to ensure proper execution of the contract.
3.3 Clients shall ensure that the organizational conditions necessary for the agreed services are in place to support effective collaboration.
3.4 If applicable, clients agree to inform internal bodies such as employee representatives or works councils of the collaboration with Galagan Advisory before services commence.
4. Appointments and Cancellations
4.1 Galagan Advisory strives to keep scheduled appointments. Should circumstances beyond control (e.g. illness, force majeure, insufficient group size) prevent service delivery, a replacement date will be arranged. Compensation claims are excluded in such cases.
4.2 Individual appointments (e.g. coaching sessions) must be cancelled at least 24 hours in advance. Otherwise, the full fee may be charged.
4.3 For block-format events (e.g. seminars, workshops), cancellations must be made at least 4 weeks before the scheduled start. Otherwise, cancellation fees will apply.
4.4 For consulting services (e.g. business consulting), cancellations must be made at least 2 weeks prior to the agreed date to avoid cancellation fees.
5. Cancellation Policy
5.1 Cancellations are only valid once acknowledged in writing by Galagan Advisory. Electronic correspondence (e.g. email) is sufficient.
5.2 If individual appointments are cancelled less than 48 hours in advance, Galagan Advisory reserves the right to invoice the full fee.
5.3 For block events:
- Cancellation up to 4 weeks before the event: free of charge
- Up to 1 week before: 50% of the fee
- Less than 1 week: full fee is payable
5.4 For consulting services:
- Up to 2 weeks prior: free of charge
- Up to 1 week prior: 50%
- Less than 1 week: full fee is payable
6. Fees
6.1 Fees are based on the contractual agreement between the client and Galagan Advisory.
6.2 Invoices are issued in compliance with legal requirements and may be sent electronically. The client expressly agrees to receive invoices in electronic format.
7. Payment Terms
7.1 Fees are due upon receipt of invoice and are payable without deduction. For contracts exceeding EUR 2.500, Galagan Advisory may request an advance or installment payments. For multi-phase projects, invoices may be issued after the completion of each phase.
7.2 Adherence to payment deadlines is essential. In case of default, Galagan Advisory reserves the right to suspend service delivery or terminate the contract. Clients are responsible for all resulting costs and lost profits. In the event of late payment, statutory interest (minimum 10% p.a.) and all debt collection costs are payable by the client.
8. Data Privacy
By entering into a contract, clients consent to the use of their personal data in accordance with applicable data protection laws. No data will be shared with third parties. Clients warrant that they have obtained all necessary consents, especially in line with data protection regulations.
9. Use as Reference
Clients agree that their company name may be listed as a reference on Galagan Advisory’s website, brochures, or other marketing materials.
10. Intellectual Property and Copyright
10.1 All materials provided by Galagan Advisory—such as reports, analyses, documents, concepts, presentations, and other media—are protected by copyright. All rights remain with Galagan Advisory or the designated authors.
10.2 Any duplication, distribution, or disclosure of such materials to third parties requires prior written consent. Unauthorized use may lead to immediate termination of the contract and claims for damages.
11. Confidentiality and Loyalty
11.1 Galagan Advisory agrees to maintain strict confidentiality regarding all information obtained during the course of the professional relationship, including business secrets and sensitive personal data. This confidentiality obligation remains in effect indefinitely beyond the termination of the contract, except in cases of legal obligation to disclose.
11.2 Both parties agree to mutual loyalty. Clients shall not recruit or attempt to recruit participants from Galagan Advisory’s events during the contract term and for 12 months thereafter. In the event of a breach, clients are liable for damages amounting to three times the lost fees. Further claims for damages remain unaffected.
12. Warranty
12.1 The success of coaching, consulting, and training services largely depends on client engagement. Therefore, Galagan Advisory provides no warranty for achieving specific outcomes.
12.2 In business consulting, Galagan Advisory is entitled and obliged to correct any discovered deficiencies, regardless of fault. Clients must be informed without delay. Warranty claims expire two years after the service was rendered.
13. Liability
13.1 Galagan Advisory is liable for damages—excluding personal injury—only in cases of gross negligence or willful misconduct.
13.2 Damage claims must be asserted within three months from the date the client becomes aware of the damage and the liable party, and no later than one year from the date of the event giving rise to the claim.
13.3 The burden of proof rests with the client to demonstrate fault on the part of Galagan Advisory.
13.4 Galagan Advisory assumes no liability for services provided by third parties. Any claims are assigned to the client, who must pursue them directly.
14. Contract Duration
14.1 The contract generally ends once all agreed services have been rendered.
14.2 Either party may terminate the contract without notice for just cause. Just cause includes, but is not limited to:
- serious breach of contract;
- payment default after the opening of insolvency proceedings;
- justified concerns regarding solvency if no security or advance payment is provided despite request.
15. Mediation Clause
15.1 In the event of disputes arising from the contract that cannot be resolved amicably, the parties agree to initiate mediation with a registered commercial mediator (pursuant to Austrian Civil Mediation Law) before pursuing legal action.
15.2 If mediation fails or is not initiated, Austrian substantive law shall apply. Any reasonable pre-trial costs (e.g. legal fees) arising from the mediation process may be claimed in court as pre-litigation expenses.
16. Final Provisions
16.1 Both parties confirm that the information provided in the contract is accurate and complete, and undertake to inform each other promptly of any changes.
16.2 Amendments to the contract or these GTC must be made in writing. This also applies to waiving the written form requirement. Verbal side agreements are not valid.
16.3 Austrian substantive law applies, excluding its conflict-of-law rules. Place of performance is the business location of Galagan Advisory. The competent court at Galagan Advisory’s business address (Vienna Commercial Court) shall have jurisdiction over all disputes.
Last updated: November 2025