General Terms and Conditions (GTC) for coaching services under the Activation and Placement Voucher (AVGS)
B-BAK Berlin Berufs- & Arbeitscoaching UG (haftungsbeschränkt) Soorstraße 86, 14050 Berlin
Managing Director: Shahin Rakhshandehroo
Registration Court: Local Court (Amtsgericht) Charlottenburg, HRB 284510 B
Status: June 2026
§ 1 Scope and Contracting Parties
1.1. These General Terms and Conditions (GTC) govern the contractual relationship for all professional coaching services between B-BAK Berlin Berufs- & Arbeitscoaching UG (haftungsbeschränkt) (hereinafter “Coaching Provider”) and its contractual partners (hereinafter “Client”). They apply equally in relation to the responsible social security providers such as the Employment Agency (Agentur für Arbeit) or the Jobcenter (hereinafter “Funding Agency”), provided that the measure is funded via an Activation and Placement Voucher (AVGS).
1.2. Conflicting, deviating, or supplementary terms and conditions of the Client shall not become part of the contract unless the Coaching Provider expressly agrees to their validity in text form.
§ 2 Range of Services and Subject Matter of the Contract
2.1. The subject matter of the agreement is the implementation of coaching measures for the professional integration, activation, and orientation of the Client on the job market. The services are provided in accordance with the statutory requirements of Book III of the German Social Code (SGB III) on the basis of a valid AVGS.
2.2. The specific content, the chronological scope, and the structure of the measure are based on the approval specifications of the Funding Agency and the respectively agreed curriculum for the individual coaching. The core areas include, among other things, personal profiling, optimization of application strategies, job market analysis, preparation for selection procedures, and support during the onboarding phase.
2.3. The coaching is carried out in the form of synchronous consultation sessions, supplemented by the provision of digital working and learning materials.
§ 3 Conclusion of Contract
3.1. Valid participation in the funded measure requires that the Client submits a valid and original Activation and Placement Voucher (AVGS) to the Coaching Provider.
3.2. The contract is concluded as soon as the Coaching Provider redeems the voucher, registers the measure with the responsible Funding Agency, and the corresponding approval or confirmation has been received.
3.3. Financial billing for the services rendered is carried out exclusively and directly with the Employment Agency or Jobcenter. The Client does not incur any fee costs if the funding approval is present.
§ 4 Execution (On-Site and Online) and Technical Equipment
4.1. The coaching services can be provided flexibly either on-site (in person) on the premises of the Coaching Provider or in digital form (online coaching via video conference systems). The exact form of execution is agreed upon individually in the participant contract.
4.2. If the coaching is conducted online, the Client is generally responsible for providing a stable internet connection and the necessary software.
4.3. Loaner Device Regulation: In the event of proven need and after individual review, the Coaching Provider can provide the Client with a mobile terminal device (e.g., laptop or tablet) on loan for the duration of the measure to enable digital participation. This device remains the property of the Coaching Provider and must be returned immediately and in working condition after completion or termination of the coaching course.
4.4. Downtimes that are attributable to technical faults on the part of the Client (provided there is no defect in the loaner device) shall be borne by the Client. Missed instructional content can be made up for by individual agreement, provided this is permissible within the scope of the approval periods.
§ 5 Appointment Coordination and Cancellation Regulations
5.1. Coaching appointments are scheduled by individual agreement between the coach and the Client in oral or text form.
5.2. Agreed appointments are binding. If the Client cannot attend an appointment, the cancellation must be communicated in text form (e.g., by email) or by phone at least 24 hours before the planned start.
5.3. In the event of unexcused absence or repeated, non-timely cancellation, the Coaching Provider is obliged to document these absences and report them to the responsible Funding Agency (Employment Agency / Jobcenter).
§ 6 Duties of Cooperation of the Client
6.1. Achieving the coaching goals requires the active, constructive, and honest cooperation of the Client. The Client undertakes to provide necessary documents (e.g., CV, proof of qualifications) in good time.
6.2. Absences are recorded gaplessly. The Client is obliged to provide required evidence for monitoring learning progress and attendance confirmations in accordance with the specifications of the Funding Agency.
§ 7 Fees and VAT Exemption
7.1. The fee is based on the rates agreed upon with the Funding Agencies. The measure is free of charge for the Client if a valid voucher is present.
7.2. The services of B-BAK Berlin Berufs- & Arbeitscoaching UG (haftungsbeschränkt) are exempt from value-added tax as services serving directly the school and educational purpose in accordance with § 4 No. 21 of the German VAT Act (UStG).
§ 8 Duty of Documentation and Official Exchange of Data
8.1. The Coaching Provider is obliged within the framework of quality assurance and statutory requirements to document the progress of the coaching and the learning success. For this purpose, progress reports and attendance lists are created.
8.2. The Client agrees that these documentations, reports, and verifications may be transmitted to the respectively responsible Funding Agency for the purpose of checking the measure.
§ 9 Contract Duration, Revocation, and Termination
9.1. The Client can revoke their contract declaration in text form within 14 days after signing the participant contract without giving reasons. If the measure begins before the expiry of this period, the right of revocation is shortened to the period up to the actual start of the measure.
9.2. In accordance with the statutory provisions of SGB III, the Client can terminate the contract at any time during the ongoing measure free of charge and without giving reasons (in particular in the event of taking up employment or if the official funding is discontinued).
9.3. The contractual relationship ends regularly with the expiry of the agreed duration of the measure or upon withdrawal or expiry of the funding commitment by the social security provider.
9.4. Early withdrawal from the measure must be coordinated in advance with the Employment Agency or Jobcenter.
§ 10 Limitation of Liability
10.1. The Coaching Provider is liable without limitation in the event of intent and gross negligence, for injury to life, limb, or health, and in accordance with the provisions of the Product Liability Act.
10.2. In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the contractually typical, foreseeable damage. No liability is assumed for technical faults in the communication media used that lie outside the scope of responsibility of the Coaching Provider.
10.3. Coaching is an advisory service. A specific economic or professional success (e.g., the conclusion of an employment contract) as well as specific personal decisions of the Client cannot be guaranteed; liability in this respect is excluded.
10.4. The operators of external websites referred to in the context of coaching or on the website are solely responsible for their content.
§ 11 Data Protection and Confidentiality
11.1. The Coaching Provider processes personal data of the Client in strict compliance with the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Data processing is carried out exclusively for the purpose of executing, billing, and legally documenting the coaching measure.
11.2. The categories of data processed include master and contact data, professional history, qualification profiles, and the coaching documentation accompanying the process.
11.3. All coaches and employees involved are obliged in writing to maintain confidentiality and preserve data secrecy.
11.4. A transfer of data to third parties is carried out without the explicit consent of the Client exclusively to the responsible Funding Agency within the framework of statutory reporting obligations according to SGB III.
11.5. After completion of the measure and after expiry of the statutory and funding retention periods, the personal data is deleted in compliance with data protection regulations.
11.6. The Client has the rights to information, correction, deletion, restriction of processing, and the right to object in accordance with Art. 15-21 GDPR. Corresponding inquiries must be addressed in writing to the business address given in the imprint or at the head of this contract.
§ 12 Quality Assurance and Certification
12.1. The Coaching Provider ensures the quality of its services through continuous further training and an established quality management system within the framework of the Accreditation and Approval Regulation for Employment Promotion (AZAV).
§ 13 Dispute Resolution
13.1. The Coaching Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act (VSBG).
§ 14 Final Provisions
14.1. Amendments, supplements, or the cancellation of these GTC must be in text form to be effective.
14.2. The law of the Federal Republic of Germany shall apply exclusively.
14.3. Insofar as legally permissible, Berlin is agreed upon as the place of performance and jurisdiction for all disputes arising from this contract.
§ 15 Copyright Protection
15.1. All documents, presentations, guides, and digital materials provided to the Client in the context of coaching are protected by copyright. The copyrights remain fully with the Coaching Provider.
15.2. Any reproduction, distribution, publication, or commercial use beyond private use requires the express, prior written consent of the Coaching Provider.