General Terms and Conditions (GTC) of Xenia Hupp

§ 1 Applicability of the GTC

The GTC govern the business relationship between Xenia Hupp and the client, unless otherwise agreed in writing between the contracting parties.

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§ 2 Conclusion of contract

The treatment contract is concluded when the client and Xenia Hupp agree on an appointment for the purpose of a consultation or a preliminary discussion.
Xenia Hupp is entitled to refuse a consultation contract without giving reasons, in particular if the necessary relationship of trust cannot be expected, if it concerns complaints which Xenia Hupp cannot or may not treat due to her specialisation or for legal reasons, or if the owner could come into conflict of conscience as a result of the consultation.

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§ 3 Content and purpose of the treatment contract

a) Xenia Hupp provides her services to the client in such a way that she applies her knowledge and skills in counselling and coaching to the client.

b) The client is free to decide on the counselling methods according to his or her sensitivities after he or she has been comprehensively informed by Xenia Hupp about the applicable methods and their advantages and disadvantages from a professional point of view. If the client does not or cannot decide, Xenia Hupp is authorised to use the method that corresponds to the client's presumed wishes.
Xenia Hupp expressly points out that the counselling offered does not replace a visit to a doctor, psychotherapist or alternative practitioner. The discontinuation of any medication or therapy is also the sole responsibility of the client and is in no way endorsed or rejected by Xenia Hupp. In case of doubt, the above-mentioned specialist should be consulted.

c) Participation in an individual session is only possible if the client is not suffering from an acute physical or mental illness. By making use of a counselling session or booking a session, the client declares that he/she has taken appropriate measures to ensure that he/she is not suffering from an acute physical or mental illness.

§ 4 Cancellation, cancellation fee, cancellation, guarantees

a) The client should bear in mind that Xenia Hupp will not only incur time and preparation costs if an appointment is cancelled without an excuse, but that the appointment can no longer be rescheduled at short notice. If the client is unable to attend a booked appointment, he/she must therefore cancel it at least 24 hours before the agreed time.
After this period, the entire session fee is deemed to be owed. This does not apply if the client is not at fault for missing the appointment and provides Xenia Hupp with immediate written proof of this (e.g. by submitting a medical certificate confirming the inability to attend at the time of the session).

b) If Xenia Hupp is prevented from providing the services on the agreed date of the session, Xenia Hupp cannot be held liable for any costs incurred, unless the prevention is due to intent or gross negligence. In the event of being prevented from attending, an alternative date can be agreed.

c) An extension of the session time due to the client being late or a refund of the unused session time is not possible if the delay is more than 10 minutes.

d) By its very nature, Xenia Hupp cannot guarantee the results of counselling sessions, and accordingly no refunds will be made.

e) Both the client and Xenia Hupp are entitled to cancel the counselling session at any time and without giving reasons. If the client cancels the counselling session, the price for the session in progress is deemed to be owed. If the counselling session is cancelled by Xenia Hupp, the fee is waived. In both cases, the client is not entitled to compensation.

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§ 5 Remuneration

Xenia Hupp is entitled to a fee for her services. The rates valid at the time the appointment is made shall apply. (See tariffs)

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§ 6 Confidentiality of counselling

a) Xenia Hupp treats client data as strictly confidential and does not disclose any information to third parties without the express consent of the client. The only exceptions to this are legal guardians if the client is not of legal age.

b) Paragraph a) does not apply if Xenia Hupp has written, express consent from the client to provide information to certain persons or if Xenia Hupp is obliged to pass on the data due to legal regulations - for example due to a judgement by a Swiss court.

c) Xenia Hupp keeps records of the counselling process and content in a protected area of the healthapp.ch platform. The client is entitled to view these records and may request that they be destroyed at any time.
d) The following Data Protection Ordinance provides information on the handling of digital data.

§ 7 Services from third-party providers

Xenia Hupp is not liable for arranging contacts with third-party providers. Xenia Hupp is also expressly not liable for contacts that have come about through Xenia Hupp. This does not apply in the case of wilful intent or gross negligence.

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§ 8 Differences of opinion

Differences of opinion arising from the consultancy agreement and the GTC should be settled amicably. To this end, it is advisable to submit counter-arguments, dissenting opinions or complaints to the other party in writing.​

§ 9 Severability clause

Additional agreements must be made in writing. Should individual agreements or the GTC as a whole be or become ineffective, the ineffective agreement(s) shall be replaced by legally valid agreements that come closest in meaning to the ineffective agreement(s).

§ 10 Place of jurisdiction
The place of jurisdiction is Zurich