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.
§ 2 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 more3
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.
§ 3 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 in relaxation exercises and
other methods.
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 has4
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.
§ 4 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.5
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.
§ 5 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.
§ 6 Differences of opinion
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.
§ 7 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.