Introduction

I have made the GTC particularly transparent and described in great detail with regard to all possible situations, so that clear conditions are already in place in advance. However, if anything is not quite clear, please contact me.

General terms and conditions

1) Scope of application

These General Terms and Conditions (in short: GTC) apply between Ing. Peter Knopf, hereinafter referred to as “Listener” and the following persons, hereinafter referred to as “Speaker”:

a) users/readers of the website zuhören.jetzt
b) persons who communicate with the Listener in writing or verbally by e-mail, telephone, text message, post or in person
c) persons who would like to book a Speaking Space with the Listener, or have booked one, or are taking part in one, or have already taken part in one

The term “Speaking Space” is used by the Listener as a definition or explanation of his service (see point 3). On the one hand, it means “to speak through,” that is, not to be interrupted while speaking. It allows one to verbally complete a train of thought. On the other hand, it can also mean “voicing” something – that is, bringing what you carry within you mentally or emotionally out into the “space”. The space for voicing is perceived by the Listener from both perspectives and is therefore made available.

These GTC always apply, unless another written agreement has been made and this change has been expressly agreed to by the Listener by means of his signature. The Listener reserves the right to change these terms and conditions at any time. The current GTC can always be found on the Listeners website zuhören.jetzt. The current status is always indicated at the end of the GTC by day/month/year. The GTC (and also the data protection information) are saved to an e-mail address at the same time. This means that all old versions can be traced without gaps if necessary.

The GTC also apply in particular if the Speaker has not signed the Declaration of Consent (e.g. during an initial telephone consultation) or has not yet signed it (e.g. on arrival).

2) Copyright

The texts on the zuhören.jetzt website are subject to the copyright of the Listener. The texts may not be copied, reproduced, made available or published on other websites or in other electronic or printed media and publications. Any form of further use of the texts is not permitted without the express written consent of the Listener.

Insofar as the texts on the zuhören.jetzt website were not created by the Listener, the copyrights of third parties are respected. In particular, third-party texts are therefore marked as such. Should the user/reader of the zuhören.jetzt website nevertheless become aware of a copyright infringement, the Listener asks for a corresponding notification using the contact options under the heading “Contact”. The Listener will remove such content immediately upon becoming aware of any infringements.

The Listener has acquired the private and commercial rights of use for the photos in which he himself is depicted. Any form of further use of these photos is not permitted without the express written consent of the Listener.

The design of the logo/calligram (the “image” of an ear, in which the lines represent the words “zuhören.jetzt”) is also protected by the listener’s copyright. Any form of further use of the logo/calligram is prohibited.

3) Service

As part of his service – hereinafter referred to as the “Speaking Space” – the Listener offers nothing but “listening”. This means that the Speaker can and is allowed to tell the Listener anything he wishes for one hour. The Listener therefore provides, as part of this service, both a “physical” space (1210 Vienna, Berzeliusgasse 5/18) and a “mental” space in which the Speaker has the opportunity to be listened to attentively for one hour.

As the name “Speaking Space” suggests, the main focus of this service is on “letting the Speaker speak”. This means that the Listener avoids interrupting the Speaker as much as possible. However, interruptions may occur if the Listener has not clearly understood something and therefore asks a specific question to clarify.

The listening session lasts approximately one hour.

“Approximately” means a maximum of ten minutes longer, because the Listener does not want to abruptly interrupt the Speaker exactly one hour into the session if the Speaker is in the middle of a train of thought or a flow of speech.

Note: a Speaking Space can only be reserved once per day.

The Listener reserves the right to change the duration of the Speaking Space at any time or to discontinue them completely, unless a Speaking Space has already been paid for by the Speaker.

Final note: home visits are not offered for Speakers with limited mobility

4) Delimitations

The Listener hereby clearly and unambiguously states that his service consists exclusively of “listening”. He thus unequivocally distinguishes himself from “coaching and consulting” – that is, the services provided by practitioners in regulated professions (e.g., life and social counselors, psychologists, psychotherapists, etc.).

Throughout the duration of the “Speaking Space”, the Listener does not offer any tips or advice, does not make diagnoses, does not analyze, does not interpret, does not evaluate, does not counsel and does not ask any questions with the aim of helping the Speaker find a solution to his or her problem.

The “Speaking Space” is therefore intended only for those Speakers who would like to take advantage of the opportunity to have someone simply listen to them for one hour.

However, if the Speaker is seeking a solution to a problem or is feeling mentally and/or emotionally distressed in any way, it is hereby clearly and unequivocally reiterated that the Speaker should consult a licensed mental health professional (psychotherapist, psychiatrist, etc.).

5) Guarantees/warranties

It is not within the Listener’s control or responsibility to determine what expectations the Speaker has regarding the space in which they are speaking. The Listener therefore cannot guarantee the results or successes that the Speaker individually expects, such as finding a solution to a problem or feeling better after speaking.

The Listener’s service, therefore, consists solely of “listening”. Success is not guaranteed, and any guarantees or warranty claims are therefore entirely excluded.

6) Responsibility

The Speaking Space requires a “normal” physical and mental condition. “Normal” means that a person is able to carry out everyday activities independently and on their own responsibility without any significant limitations.

The Speaker is solely responsible for determining whether he or she feels mentally and/or emotionally capable of communicating what he or she wishes to convey to the Listener. The Listener therefore cannot be held responsible for any possible exacerbation of psychological/emotional and/or mental symptoms, or for any direct and/or indirect damages of a material and/or immaterial nature that may occur during or after the Speaking Space.

Furthermore, the Listener cannot be held liable for any damage caused to the Speaker during arrival or departure. The Speaker is solely responsible for a safe arrival and departure.

If, however, the Speaker suffers damage on the Listener’s premises during the Speaking Space (e.g. fall), the Listener points out that he has taken out professional liability insurance, which will decide on how to proceed in the event of a claim. Whether, when and how damages are compensated is neither within the sphere of influence of the Listener, nor can and will he make any statements in this regard.

7) Payment

The Speaking Space is to be paid in full to the Listener in advance, either in cash before the start of the Speaking Space or by bank transfer to the Listener’s account. The amount must be credited to the Listener’s account at least three working days before the start of the Speaking Space. The account number will be sent to the Speaker by e-mail or telephone. The Listener reserves the right not to provide the account number to the Speaker. In this case, only cash payment is possible.

Furthermore, the Speaking Space must take place no later than three weeks after payment has been received in the Listener’s account. If this deadline is exceeded (regardless of whether this is the fault of the Speaker or the Listener), the Listener shall transfer the full amount back to the Speaker’s account within three working days.

At the beginning of the Speaking Space, the Speaker receives an invoice confirming that the Speaking Space has been paid for in cash or via the account.

The following applies to cash payments: the Listener only accepts 10, 20, 50 and 100 euro banknotes. 200 and 500 euro banknotes are not accepted. Furthermore, no foreign currencies are accepted.

The price for one hour of listening is 120 euros.

The amounts quoted are VAT-free due to the small business regulation.

The Listener reserves the right to change the prices at any time. However, if a Speaker has already made an appointment for a Speaking Space with the Listener, the price at the time of making the appointment applies, regardless of whether the Listener has changed the price in the time between making the appointment and the start of the Speaking Space. The fixed price applies for a maximum of three weeks from the date of the appointment. If the appointment is made at a later date, the new price applies.

8) Individual prices

On the one hand, the Listener does not offer discounts for senior citizens or students, and on the other hand, no surcharges for high earners or millionaires. Every person is treated “equally” by the Listener, regardless of their personal values, world view, their professional activity, relationship status or the thickness of their wallet, and accordingly there are only standardized prices.

9) Booking of Speaking Spaces

Appointments for the Speaking Spaces are agreed informally verbally or in writing between the Listener and the Speaker. No signature or other special agreement or confirmation is required. Furthermore, the agreed appointment can be postponed by either party at any time. However, the Listener will only accept a maximum of one postponement by the Speaker, regardless of whether this postponement was caused by free decision, force majeure or a third party.

10) Participation requirements

At the beginning of the Speaking Space, the Speaker receives a form (the “Declaration of Consent”) on which the Speaker confirms with two signatures that he has read the General Terms and Conditions (signature 1) and the data protection information (signature 2) on the zuhören.jetzt website in full, that the contents are comprehensible and understandable for him, that there are no further questions and that he agrees with all contents. The following data is required on the Declaration of Consent: first name(s), last name, academic title(s) (if applicable), home address, e-mail address, telephone number and date. The Speaking Space cannot be started without signing the Declaration of Consent. The Speaker undertakes to provide truthful information.

The Listener reserves the right to refuse a Speaker without giving reasons. In particular, if he has the impression that the Speaker is under the influence of alcohol, drugs, psychotropic drugs or other substances that cloud or expand consciousness. Or if the Listener suspects that the Speaker is in some other unsuitable physical, emotional or mental state.

In the case of minors, the Listener also decides whether or not to accept the minor as a Speaker. For minors, the signature of a parent or legal guardian is required in advance for participation in the Speaking Space. The same applies to persons for whom an adult representative (e.g. guardian) is required.

11) Cancellation policy

Until the Declaration of Consent is signed, both the Listener and the Speaker can cancel the appointment at no cost. In the case of a cash payment before the start of the Speaking Space, the Speaker will be refunded the full amount immediately. In the case of an advance transfer to the Listener’s account, the Listener will transfer the full amount back to the Speaker’s account within three working days. An invoice that has already been issued and signed by the Listener is therefore invalid and must be returned to the Listener.

Once the Declaration of Consent has been signed and the invoice has been issued, no refund of the Speaking Space price is possible, regardless of when the Speaker ends the Speaking Space (whether by choice, force majeure, or through the fault of a third party – with the exception of the Listener).

If the Listener ends a Speaking Space prematurely (prematurely = before half of the Speaking Space time has elapsed, i.e., in less than half an hour), the Speaker will be refunded the full Speaking Space price, or a new alternative appointment will be arranged within three weeks at no further cost to the Speaker. The Listener and Speaker will agree on a solution together. If no unanimous solution is possible, the Listener will refund the entire Speaking Space price to the Speaker (if the Speaker has paid in cash, he gets the money back in cash. If the money is transferred to the Listener’s account in advance, the Speaker will receive the money back into his account within three days) and no further appointment will take place. The invoice already issued is therefore invalid and must be returned to the Listener.

In this context, it is also expressly pointed out that all costs incurred or to be incurred by the Speaker in addition to the Speaking Space price shall be borne by the Speaker. The risk of complete or partial cancellation of a Speaking Space by the Speaker or by the Listener, or that the Listener rejects the Speaker without giving reasons, is always borne by the Speaker. All costs incurred or payments already made (e.g. travel costs, accommodation costs, etc.) can therefore not be charged to the Listener.

12) Delays

The Listener asks for punctuality at an agreed appointment. Punctuality is an important value for the Listener because punctuality shows high esteem for the other person. The only exception is force majeure (e.g. traffic accident). Therefore, if it is foreseeable that the Speaker will be more than ½ hour late due to force majeure, the agreed appointment is considered canceled and can be rescheduled once again (see point 9).

13) Image, film and sound recordings

Image, film and sound recordings are not permitted during the entire Speaking Space, or sound recordings during telephone conversations, even if the recordings are only made for personal use. Violations will be reported to the police without exception.

Two exception for image recordings: firstly, image recordings are permitted if copies of the Declaration of Consent, the invoice and the certificate cannot be made due to technical problems with the photocopier. In this case, pictures of the three documents must be taken for the purpose of documentation for the Listener. Secondly, if due to damage (see point 6) pictures of the damage must be taken for further steps for the insurance company.

14) Confidentiality

In any communication, especially during a Speaking Space, it is possible that personal information may be disclosed at your own request. However, this does not imply the conclusion that this information may then be passed on to other persons. It is therefore agreed that neither the Speaker nor the Listener may disclose the other’s personal information to third parties.

15) Use of the zuhören.jetzt website

The Listener checks all information provided on the zuhören.jetzt website at appropriate intervals to ensure that it is complete, correct and up-to-date. However, the Listener cannot give any assurance or guarantee that the information is always complete, correct and up-to-date at “every” point in time. The Listener is therefore not liable for any damages that may arise from the use or non-use of the information provided. Liabilities of any kind, guarantees and warranty claims are therefore completely excluded.

The zuhören.jetzt website contains cross-references (hyperlinks) to third-party websites. These cross-references are marked accordingly and open in a new window. The operators/providers of these websites are solely responsible for the content and compliance with data protection, as well as the technical freedom from interference or the risk of viruses, Trojans, etc. of these websites. The cross-references were checked for possible violations of applicable law at the time of linking. These were not recognizable at the time of linking. However, permanent monitoring of the content of the cross-references is not reasonable without concrete evidence of an infringement. Should the user/reader of the zuhören.jetzt website become aware of an infringement of the law, the Listener asks for a corresponding notification using the contact options under the heading “Contact”. The Listener will remove the cross-reference immediately upon becoming aware of any legal infringements.

The Listener points out unequivocally that by merely making the hyperlinks available, he does not adopt the contents of third party websites as his own or wish to create the impression that the contents of third party websites originate from him. The Listener has no influence on the content of third party websites, nor is he responsible for the information provided at any given time. For incomplete, incorrect or illegal content, as well as for damages resulting from the use or non-use of information from third-party websites, the operator/provider of the website to which reference is made is solely liable. The use of cross-references is therefore always at the user’s/reader’s own risk on the zuhören.jetzt website.

If operators/providers of third-party websites wish to make a cross-reference from their website to the zuhören.jetzt website, written consent from the Listener is required in advance.

Furthermore: nor does the Listener guarantee that the zuhören.jetzt website will be available at all times or that it will be free from technical faults. Liabilities of any kind, guarantees and warranty claims are therefore completely excluded.

And as a final point: the Listener expressly reserves the right to change, supplement or delete the contents of the zuhören.jetzt website in part or in full at any time without prior notice, or to temporarily or permanently cease publication of the zuhören.jetzt website.

16) Use of the contact options

The Speaker can contact the Listener using the technical possibilities available today. This can be done in writing (e-mail, SMS, post) or verbally (telephone). In this context, the Listener clearly points out that even with the utmost care, e-mails can be hacked, telephones tapped and letters opened. If the Speaker has concerns and worries about this (in particular with regard to data protection), the Listener recommends that the Speaker does not use these communication channels.

Furthermore, the following is hereby clearly and unambiguously pointed out: the disclosure of the contact options does not authorize the unsolicited sending of advertising information/materials, Spam and the like, as well as for business initiation of any kind. The sending of advertising information/materials, Spam and the like, as well as for business initiation of any kind, regardless of the communication channel, is hereby expressly prohibited. In this context, the contact details of the Listener are also entered in the ECG and Robinson list. In the event of non-compliance, the Listener reserves the right to take immediate legal action.

The contact options may therefore only be used by the following persons and institutions:

a) People who would like to take advantage of the listener’s offer
b) Institutions (authorities, courts and the like) that must contact the Listener on a legal basis

17) Applicable law and place of jurisdiction

The GTC are subject to Austrian law.
The place of jurisdiction is the court in Vienna, which has local and subject-matter jurisdiction.

18) Dispute resolution

Consumers have the option of submitting complaints to the European Commission’s online dispute resolution service:
Online Dispute Resolution of the EU

However, it should be noted that traders are generally not obliged to participate in a dispute resolution procedure.

Furthermore, consumers in Austria can also contact the following bodies, for example:
Internet ombudsman
Arbitration for consumer transactions

19) Final provision / severability clause

Should parts of the GTC be or become invalid, this shall not affect the remaining provisions. All other provisions shall remain in force.

Status of these GTC: 5.10.2026