General Terms and Conditions

for the provision of services by

Christian von Baumbach

Mediation | Supervision | Training

Gormannstraße 14, 10119 Berlin

(hereinafter referred to as “Contractor”) to his clients (hereinafter referred to as “Client”)

1. General Provisions

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.

1.2 The Contractor is entitled to assign the required services in his own name and at his own expense to subcontractors, who in turn may also engage subcontractors. In such cases, the Contractor remains the sole contractual partner of the Client. Subcontractors will not be used if it is evident to the Contractor that their use would conflict with the legitimate interests of the Client.

1.3 If, in addition to these GTC, other contractual documents or terms and conditions in text or written form become part of the contract, the provisions of these other contractual documents shall take precedence in the event of a conflict.

1.4 The Contractor does not recognize terms and conditions deviating from these GTC, used by the Client, unless expressly agreed otherwise.

2. Subject Matter and Scope of Services

2.1 The Contractor provides the following services to the Client as an independent entrepreneur:

Mediation

Christian von Baumbach offers mediation services for individuals, couples, families, as well as organizations and companies. The goal of mediation is to achieve amicable conflict resolution that takes into account the interests and needs of all parties involved. Mediation can be conducted in German, English, or Japanese and can take place in person or online.

The framework conditions for mediation are jointly established at the outset. Responsibility for decisions and implementation of the results achieved lies with the parties to the conflict.

Supervision

Christian von Baumbach offers individual, team, and case supervision. The aim of supervision is to reflect on professional issues, support the development of professional competencies, and improve collaboration and job satisfaction within teams.

Training and further education offers

Christian von Baumbach conducts training, workshops, and seminars in the fields of mediation, communication, conflict management, and intercultural competence. These can be delivered in German, English, or Japanese and tailored to the needs of organizations and groups.

The content, scope, location, and target audience of the training sessions are agreed upon with the Client in advance. The training can be conducted either in person or online.

Moderation

Christian von Baumbach offers moderation services for events, workshops, meetings, and other formats requiring structured and outcome-oriented facilitation. The aim of moderation is to promote dialogue among participants, facilitate the exchange of ideas, and collaboratively develop sustainable solutions or outcomes.

Moderation can be conducted in German, English, or Japanese, and is available for both in-person and online formats. Content and goals of the moderation are agreed upon with the Client in advance.

Typical areas of application include:

Workshops for developing concepts, strategies, or projects.
Team meetings to promote collaboration or resolve conflicts.
Conferences and events to ensure a structured process and productive exchange.

Online Services

All services can be conducted via a secure online platform upon request. This requires a stable internet connection as well as a functioning microphone and camera on the part of the participants.

Exclusion of Success Guarantee

Christian von Baumbach provides his expertise, methods, and tools within the framework of the aforementioned services. A specific success (e.g., complete conflict resolution, improvement of the professional situation, learning success) is expressly not guaranteed. Active participation and individual responsibility of the parties involved are essential components of the process.

2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.

2.3 The Contractor provides the agreed services with the utmost care and diligence, based on the latest standards, rules, and knowledge.

2.4 The Contractor is obliged to deliver the contractually agreed services. However, the Contractor is not subject to instructions regarding the manner, location, or timing of service delivery. Nonetheless, the Contractor will organize the workdays and schedules to ensure optimal efficiency in the performance of duties and the realization of the contract’s objectives. Service delivery will take place in consultation and coordination with the Client.

3. Client’s Duties to Cooperate

The Client is responsible for providing complete and accurate information, data, and other content necessary for the fulfillment of the service. The Contractor is not liable for delays in service provision resulting from the Client’s late or incomplete cooperation. The provisions under “Liability/Indemnification” remain unaffected.

4. Remuneration

4.1 The remuneration is agreed upon individually in the contract. Unless otherwise agreed, the standard rates listed on the website apply (https://baumbachmediation.com/en/costs/).

4.2 Payment is due after services are rendered. If remuneration is based on time periods, payment is due after each period (§ 614 BGB). For effort-based billing, the Contractor may, unless otherwise agreed, issue monthly invoices for services rendered.

4.3 The Contractor will issue an invoice to the Client by mail or email (e.g., as a PDF). Payment is due within 14 days of receipt of the invoice.

4.4 The Contractor reserves the right to require advance payment for all services. The amount of the advance payment will be determined as part of the appointment scheduling or specified in the offer. Payment must be made no later than the date stated on the invoice. If advance payment is agreed upon, receipt of payment is a prerequisite for the provision of the service. If payment is not received on time, the Contractor reserves the right to unilaterally cancel the appointment or service.

5. Cancellation and Rescheduling

5.1 Changes or cancellations by the Client: Appointments can be canceled or rescheduled free of charge up to 24 hours before the scheduled time. For later cancellations, the Contractor reserves the right to charge 50% of the agreed fee. In the case of no-shows without prior notice, the full fee will be charged.

Cancellations can be made via email or phone. The decisive factor is the time the notification is received.

5.2 Changes or cancellations by the Contractor: The Contractor reserves the right to reschedule or cancel appointments for important reasons (e.g., illness, force majeure, or unforeseen scheduling conflicts). In such cases, the Client will be informed immediately, and a replacement appointment will be arranged in consultation with the Client. If no replacement appointment is possible, any payments made for the planned session will be fully refunded. Further claims, particularly for damages, are excluded unless there is intent or gross negligence.

Liability / Indemnification

6.1 The Contractor is fully liable under any legal basis in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, based on a guarantee promise (unless otherwise specified), or under mandatory liability laws. In cases of negligent breaches of essential contractual obligations, liability is limited to foreseeable damages typical for the contract, unless unlimited liability applies as stated above. Essential contractual obligations are those duties necessary for achieving the purpose of the contract and on whose compliance the Client regularly relies. In all other cases, liability of the Contractor is excluded. The above liability rules also apply to the Contractor’s legal representatives and agents.

6.2 The Client shall indemnify the Contractor against any claims by third parties arising from the Client’s violations of these contractual terms or applicable law.

7. Contract Duration and Termination

7.1 The contract duration and notice periods for ordinary termination are agreed upon individually between the parties.

7.2 The right of either party to terminate the contract without notice for good cause remains unaffected.

7.3 Upon termination of the contract, the Contractor shall promptly return or destroy all documents and other materials provided by the Client, as per the Client’s preference. Electronic data shall be completely deleted, except for documents and data subject to legal retention obligations, which will be retained only for the required period. Upon request, the Contractor will confirm the deletion in writing.

8. Confidentiality and Data Protection

8.1 The Contractor shall treat all matters that come to his attention in connection with the contract as strictly confidential. The Contractor is obligated to impose confidentiality obligations on all employees and/or third parties who have access to the information related to the contract. This obligation of confidentiality shall remain in effect indefinitely, even after the termination of the contract.

8.2 The Contractor commits to complying with all applicable data protection regulations, particularly the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG), during the performance of the contract.

9. Final Provisions

9.1 The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

9.2 If any provision of these GTC is or becomes invalid, the validity of the remaining provisions shall remain unaffected.

9.3 The Client shall support the Contractor in the performance of contractual services by providing necessary information and data as required.

9.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or if the Client has no general jurisdiction in Germany, the place of jurisdiction for all disputes arising from this contractual relationship shall be the Contractor’s registered office. Exclusive jurisdictions remain unaffected.

9.5 The Contractor reserves the right to amend these GTC for objectively justified reasons (e.g., changes in law, case law, market conditions, or business strategy) by providing appropriate notice. Existing clients will be notified of changes at least two weeks before they take effect. If the Client does not object within the period specified in the notice, the changes shall be deemed accepted. If the Client objects, the changes will not take effect; however, the Contractor is then entitled to terminate the contract extraordinarily as of the effective date of the changes. The notice of amendment will include information about the objection period and its consequences.

10. Information on Online Dispute Resolution / Consumer Dispute Resolution

We participate in a dispute resolution procedure before a consumer arbitration board.

The responsible entity is the Universal Arbitration Board of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein (https://www.verbraucher-schlichter.de).

Our email address is provided in the header of these GTC.