This English version is provided for convenience only. The German version is legally binding.
General Terms and Conditions
Download GTC as PDF (in German)
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts between Riekmann GmbH, Weiern-Trottenstrasse 6, 9547 Wittenwil, Switzerland (UID CHE-410.161.055), hereinafter «Riekmann GmbH», and its clients, hereinafter «Client».
1.2 They apply in particular to in-house seminars and training, Train the Trainer, mystery guesting and mystery shopping, talks, coaching and consulting.
1.3 The GTC form part of every proposal and every order confirmation. By placing an order, the Client accepts the version valid at that time.
1.4 Deviating terms of the Client only apply if Riekmann GmbH has agreed to them in writing. Individual agreements in the proposal or order confirmation take precedence over these GTC.
2. Conclusion of contract
2.1 The initial telephone consultation is free of charge and without obligation.
2.2 Proposals from Riekmann GmbH are valid for 30 days from the date of issue, unless stated otherwise.
2.3 The contract is concluded as soon as the Client accepts the proposal in writing; email is sufficient. Riekmann GmbH usually confirms the date, location, content, group size and price again in writing. This confirmation serves clarity and is not a condition for concluding the contract.
2.4 The provisions on simple mandates (Art. 394 ff. Swiss Code of Obligations, CO) apply in addition.
3. Services
3.1 The type, scope, content and duration of the services are set out in the proposal or order confirmation.
3.2 Seminars are tailored to the needs of the Client. The seminar design is included in the seminar price unless otherwise agreed in the proposal.
3.3 Riekmann GmbH provides its services with due care and to the best of its knowledge. No specific learning, implementation or economic result is owed.
3.4 Riekmann GmbH may adapt content and methods where this serves the seminar objective and the agreed content essentially remains the same.
3.5 Seminars are held in German. By prior arrangement, seminars can be held in English.
3.6 Certificates of attendance or certificates are issued if agreed.
3.7 Handouts or scripts (workbooks) for participants are prepared by Riekmann GmbH by prior arrangement and quoted separately.
4. Prices
4.1 The prices stated in the proposal apply. Unless otherwise agreed, the prices published on www.riekmann.ch at the time of the proposal apply.
4.2 Seminar prices are flat rates per group of up to 20 participants, including seminar design, plus expenses in accordance with section 5. Larger groups are possible by arrangement and are quoted separately.
4.3 Individual topics, mystery guesting and other services are charged on a time-spent basis at the agreed hourly rate. Riekmann GmbH estimates the effort in advance and informs the Client in good time if a significant overrun becomes apparent.
4.4 Preliminary meetings in person or online are charged on a time-spent basis at the agreed hourly rate.
4.5 All prices are in Swiss francs (CHF). Educational services are exempt from VAT in accordance with Art. 21 para. 2 no. 11 of the Swiss VAT Act.
5. Expenses
5.1 Expenses are charged in addition to the fee at actual cost unless a flat rate has been agreed in the proposal.
5.2 Expenses include in particular: travel between company headquarters and venue and back (car: CHF 0.80 per kilometre, public transport: 1st class ticket), any parking fees, meals during the assignment and overnight accommodation by prior arrangement.
5.3 For mystery guesting and mystery shopping, the costs of food, drinks, purchases and services incurred as part of the agreed test scenario are borne by the Client. The receipts are attached to the report.
6. Payment terms
6.1 Invoices are payable within 12 days of the invoice date without deduction.
6.2 For assignments of three or more seminar days or an order value of more than CHF 5,000, Riekmann GmbH may request a deposit of 30% when the order is placed. This is stated in the proposal.
6.3 After the payment period has expired, the Client is in default without further reminder. Default interest of 5% per annum is owed (Art. 104 CO). A fee of CHF 20 may be charged for each reminder.
6.4 Set-off against counterclaims is only permitted if these have been acknowledged in writing by Riekmann GmbH or established by a final court decision.
7. Client's cooperation
7.1 The Client informs Riekmann GmbH in good time and in full about the initial situation, objectives, target group, group size and framework conditions.
7.2 For seminars held on its premises, the Client provides a suitable room and the agreed infrastructure at its own expense (e.g. projector, flipchart, pinboard, internet).
7.3 The Client confirms the final number of participants no later than 10 days before the seminar. A lower number of participants does not reduce the flat-rate price.
7.4 Delays or additional effort caused by missing or late cooperation of the Client are at the Client's expense.
8. Postponement and cancellation by the Client
8.1 Postponements and cancellations must be communicated in writing. The date of receipt by Riekmann GmbH is decisive.
8.2 A postponement is possible free of charge once up to 30 days before the agreed date, provided the new date takes place within six months. Later or further postponements are treated as a cancellation.
8.3 The Client may revoke the mandate at any time (Art. 404 CO). As Riekmann GmbH reserves dates bindingly, makes preparations and declines other assignments, a revocation shortly before the date is deemed termination at an inopportune time. The compensation is a flat rate based on the agreed fee:
- more than 60 days before the date: no compensation; services already provided (e.g. preliminary meetings, seminar design) are charged on a time-spent basis
- 60 to 31 days before the date: 30%
- 30 to 15 days before the date: 50%
- 14 days or less before the date: 100%
8.4 Expenses already incurred that cannot be cancelled (e.g. hotel reservations) are charged in addition.
8.5 The Client is free to prove that Riekmann GmbH has suffered no damage or significantly less damage.
9. Cancellation by Riekmann GmbH
9.1 If a seminar cannot take place due to illness, accident, force majeure or other important reasons, Riekmann GmbH informs the Client immediately and proposes a replacement date.
9.2 If no replacement date is possible, amounts already paid for services not provided are refunded. Further claims are excluded unless there is intent or gross negligence.
9.3 In agreement with the Client, Riekmann GmbH may appoint an equally qualified substitute.
10. Special provisions for mystery guesting and mystery shopping
10.1 Objectives, criteria, test scenario and any test complaints are agreed in writing with the Client before the test visit.
10.2 The Client informs its employees in general terms that test visits may take place in the business, without disclosing the date or the test person.
10.3 The report describes a snapshot of the customer experience. Employees are not named but described by their role. The assessment relates to processes and the customer experience, not to individuals.
10.4 The Client undertakes to use the report exclusively for the development and training of its team and not as a basis for employment law measures against individual employees.
10.5 The report is confidential and intended for the Client's internal use. Disclosure to third parties requires the consent of Riekmann GmbH.
10.6 If a test visit is cancelled after preparation has been completed, the effort incurred up to that point is charged at the hourly rate.
11. Coaching for individuals
11.1 Coaching appointments can be postponed or cancelled free of charge up to 48 hours in advance. In the event of later cancellation or non-attendance, the agreed appointment is charged in full.
11.2 If the Client is a consumer, mandatory statutory provisions for their protection remain reserved.
12. Liability
12.1 Riekmann GmbH is liable for damage caused intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law (Art. 100 CO).
12.2 Liability is in any case limited to direct damage and to the amount of the fee for the assignment concerned. Liability for indirect damage, consequential damage and loss of profit is excluded. Mandatory liability provisions, in particular for personal injury, remain reserved.
12.3 The Client is responsible for implementing the content taught and the recommended measures in its business.
12.4 No liability is accepted for items belonging to participants or for damage to the Client's infrastructure not caused by Riekmann GmbH. Insurance of participants is the responsibility of the Client.
13. Copyright and materials
13.1 Seminar materials, presentations, exercises, templates, methods and report templates are protected by copyright and remain the property of Riekmann GmbH.
13.2 The Client and participants may use the materials provided for their own internal use. Reproduction, editing, disclosure to third parties or use for their own training is not permitted without the written consent of Riekmann GmbH.
13.3 Audio, photo and video recordings during seminars are only permitted with the consent of Riekmann GmbH and all persons concerned.
13.4 If the Client breaches section 13.2, it owes Riekmann GmbH a contractual penalty per breach in the amount of the price of a full-day seminar according to the price list valid at the time of the breach. Payment does not release the Client from complying with this provision. The right to claim further damages remains reserved.
14. References and photos
14.1 Riekmann GmbH may name the Client as a reference if the Client has agreed. Logos and quotations are only used with express consent.
14.2 Riekmann GmbH only publishes photos from seminars with the consent of the people shown.
15. Confidentiality
15.1 Riekmann GmbH treats all information about the Client, its employees and its business that becomes known to it in the course of the assignment as confidential. This obligation continues after the assignment has ended.
15.2 Content from seminar discussions is not disclosed to third parties, including superiors, unless otherwise agreed.
16. Data protection
16.1 Riekmann GmbH processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP). Details are set out in the privacy policy at www.riekmann.ch/en/privacy-policy.
16.2 If the Client discloses personal data of its employees (e.g. lists of participants), it ensures that it is entitled to do so and that the persons concerned have been informed.
17. Changes to the GTC
17.1 Riekmann GmbH may amend these GTC at any time. The version valid when the contract was concluded applies. The current version is available on www.riekmann.ch.
18. Final provisions
18.1 Amendments and additions to a contract must be made in writing. Email is sufficient.
18.2 Should any provision of these GTC be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to its economic purpose.
18.3 Swiss law applies exclusively, excluding the Vienna Convention on the International Sale of Goods (CISG).
18.4 The place of jurisdiction is the registered office of Riekmann GmbH. Mandatory places of jurisdiction, in particular for consumers (Art. 32 Swiss Civil Procedure Code), remain reserved.
Riekmann GmbH · Weiern, 1 November 2026