1. These General Terms and Conditions govern the terms and conditions between the consultant Santina Pamic (hereinafter referred to as the Consultant) and the Client within the framework of a service contract within the meaning of § 1151 of the Austrian General civil code (ABGB), unless otherwise agreed in writing between the contracting parties.
2. The contract is concluded when the client accepts the counseling offer of horse feed counseling online or on site.
3. The consultant is entitled to refuse a service contract without giving reasons if it cannot be expected that the necessary relationship of trust will be established and maintained, if he cannot or may not provide advice due to his specialisation or for legal reasons, or if there are reasons that could put him in conflict of conscience. In this case, the councelors fee entitlement for the services rendered up to the refusal of the counseling remains unaffected.
4. The contract is also valid without the signature of both contracting parties after written confirmation of the counseling offer by the client.
5. The client has a 14-day right of cancellation, which begins with the conclusion of the contract. The right of cancellation expires in accordance with § 312g 2 sentence 1 no. 1 of the German Civil Code (BGB) in exceptional cases prior to the commencement of the first counseling session or if the councelor has already prepared an individual plan tailored to the client.
Content of the contract
1. The consultant provides his services to the client in such a way that he applies his knowledge and skills to the optimal feeding of horses. The consultant is authorised to use the methods that correspond to the client’s presumed wishes, unless the client decides otherwise.
2. A subjectively expected success of the client cannot be promised or guaranteed. The object of the contract is therefore the provision of the agreed service, not the realisation of a specific goal of the client.
3. Procedure of the on-site consultation:
Once an appointment has been made, the consultant comes to the stable and together we take a look at the horse’s current husbandry, feeding and
exercise management. The consultant looks at how the horse lives, what it eats and how the training and exercise programme is currently organised.
The consultant takes a close look at the roughage and asks to see which concentrates and supplements are currently on the horse’s feed plan. If the
horse’s exact feed quantities are not known, the councelor and the client determine these together. At the same time, a comprehensive medical
history form is completed, which includes questions about the horse’s husbandry, feeding, behaviour, training and acute and chronic illnesses. If
the horse’s current weight is not available, this is also determined together. While the consultant looks at everything, he explains what he notices and
answers any questions that arise. Once the consultant has collected all the data, the goals are determined and how these can be achieved. The
consultant provides an initial assessment of the horse’s feeding, management and current condition on site. After the appointment, the consultant analyses all the information collected. The horse’s energy and nutrient requirements are determined and compared with the current ration. A personalised feed plan is then drawn up that is optimally tailored to the horse’s needs. In addition, the client receives a detailed, written counseling protocol. A further examination takes place within 7 days or at regular intervals depending on the programme booked. This serves to explain the feeding plan in more detail or in the event of problems with its implementation (e.g. refusal to eat). Further details can be found in the description of the respective packages on the website.
4. Online counseling process:
Consultations are conducted online via the agreed online platform. A preliminary consultation with instructions on how to gather the necessary
information is included in the price and lasts 15 minutes. If the client opts for an online feed consultation, the consultant will send the client a comprehensive anamnesis form by email, which includes questions about the horse’s husbandry, feeding, behaviour, training and acute and chronic
illnesses. As soon as the consultant has received the questionnaire completed by the client and all other relevant documents (e.g. findings from vets or other therapists, blood counts, hay analyses, etc.), the consultant evaluates all the information collected. Any queries arising from this are discussed together by telephone or online. The rest of the process is the same as for an on-site consultation.
Participation of the client
1. The client is obliged to actively co-operate. In most cases, counseling is only effective if the client actively participates. This applies in particular to the provision of necessary information as a basic prerequisite for counseling, as well as for active co-operation.
2. The refusal of a recommended or necessary medical examination can also be decisive for the continuation of further counseling in the interests of the horse.
3. The councelor is entitled to terminate the counseling if the trust required for a proper counseling relationship no longer exists. This is particularly the case if the client denies the content and approach of the feed counseling. If it emerges during the consultation that the client has provided untrue information about the horse’s condition or that medical advice is necessary, the consultant may also unilaterally terminate the consultation.
4. The client also has the right to terminate the counseling if there is no longer any trust. This must be done in writing. Counseling sessions that have already been paid for cannot be refunded after the right of cancellation has expired.
Remuneration of the councelor
1. The consultant is entitled to a fee for his services. If the fees have not been agreed individually between the Consultant and the Client, the rates listed in the Consultant’s price list shall apply. All other fee lists or directories shall not apply.
2. The invoice is, as stated, a prepayment invoice. Payment is due immediately, but no later than 7 working days after the invoice is issued. The feeding plan will be created after receipt of the respective invoice amount.
3. The consultant is entitled to postpone the agreed consultation appointments within a reasonable period of time if it is impossible to fulfil the service obligation due to force majeure. This also includes impediments to the councelors performance due to illness, accident or similar. In this case, the councelor will propose an appropriate alternative date in consultation with the client.
4. In the case of § 3 (3), the client is not entitled to any reimbursement in the event of premature unilateral termination by the consultant.
5. If the client does not make use of an agreed (online) appointment, the paid session is deemed to have been performed. This does not apply if the client cancels the appointment at least 24 hours before the start of the appointment (via email to info@equus-victu.com) or is prevented from attending the appointment through no fault of their own due to illness or an accident. In such cases, an alternative appointment will be arranged. Proof of non-attendance through no fault of the client may be requested by the consultant. Should the no-show occur more than twice through no fault of the councelor, the missed session can be counted as completed.
6. If the councelor or client experiences technical faults that disrupt the online counseling session or force it to be cancelled, the appointment will be replaced by at least the missing time.
Confidentiality of the counceling
1. The councelor shall treat the client’s data confidentially and shall only provide information regarding the content of the conversation, the circumstances surrounding it and the client’s personal circumstances with the client’s express consent.
2. § Section 5 (1) shall not apply if the councelor is obliged to disclose the data due to statutory provisions or is obliged to provide information by official or court order. This also applies to information provided to persons with parental authority, but not to information provided to spouses, relatives, family members, colleagues or superiors.
3. § Section 5 (1) shall also not apply if personal attacks are made against the councelor or his professional practice in connection with the counseling
and he can exonerate himself by using accurate data or facts.
4. The councelor keeps records of his/her services. The client is entitled to inspect these records; he/she may request permission to inspect the records and in this case shall receive a copy of the information recorded therein. § Section 5 (2) remains unaffected by this.
5. If the client requests a detailed report on the counseling session, the councelor will draw this up on the basis of the time actually spent, subject to a charge and fee.
Differences of opinion
1. Differences of opinion arising from the counceling and the General Terms and Conditions should be settled amicably. To this end, it is advisable to submit counter-arguments, divergent opinions or complaints to the other party in writing.
Severability clause
1. Should a provision of this agreement be wholly or partially invalid or lose its legal validity at a later date, this shall not affect the validity of the
remaining provisions. The invalid provision shall be replaced by the statutory provisions.
2. Place of jurisdiction is the councelors registered office.