General Terms And Conditions

General Terms And Conditions


The following service GTC are mainly addressed to consumers in the sense of the BGB (German Civil Code), but also to companies.

The coaching and consulting service agreed upon in accordance with these GTC is to be understood as a service-contractual obligation according to § 611 BGB (German Civil Code).

1. Subject matter of the service, scope of the service, no claim to contract initiation, non-transferability of the service, personal service obligation

1.1 The subject of the GTC is the planning and implementation of personal spiritual coaching and/or special services as an individual service (“session”). This includes, in particular, shamanic services or rituals to one or more questions including debriefing, with or without prepared audio file, with or without message, hereinafter summarized under the collective term “service”.

1.2 The above-described services are agreed upon between the customer and Mireli Vargas Fernandez in written form (letter, email, fax letter) on the basis of an order by the customer and acceptance of the order by Mireli Vargas Fernandez.

1.3 Type and scope, pricing, as well as further details of the service offer result from the description of the respective service, which is presented online or as other remote sales on the website of Mireli Vargas Fernandez [] or from the individual professional assessment of Mireli Vargas Fernandez.

1.4 If services other than those described in 1.1. are used (e.g., sessions with or for several persons, etc.), separate rates will be agreed in advance using these GTC as a legal framework and documented if necessary.

1.5 Mireli Vargas Fernandez undertakes to advise the customer individually within the scope of the agreed service.

1.6 An adjustment of the content/methodology of the service can be made by mutual agreement and after professional assessment by Mireli Vargas Fernandez at the time of the service provision and in consideration of the current price list.

1.7 If no other agreement has been made, the service can only be used by the client personally.

1.8 Mireli Vargas Fernandez reserves the right to reject requests for her services without giving reasons.

2. Performance of services on a time basis, place of performance

2.1 Type, scope and location of each service will be agreed upon with the client. Possible service contents and goals are agreed upon in advance in a consultation with the client in the case of spiritual coaching. Content and goals of all other services can be found in the service offer. The form of communication will be chosen and suggested by Mireli Vargas Fernandez and agreed upon by mutual consent.

2.2 The duration of a service unit is determined according to the selected service offer. The actual duration of each service unit will be agreed upon individually between the contracting parties, if necessary. Additional costs may be incurred (see clause 4).

2.3 Place of performance

a) The place of performance shall be agreed individually between the contracting parties. Online services shall have priority.

b) In case of telephone calls or appointments using the messenger service “Whatsapp”, the customer ensures, unless otherwise agreed, on his own responsibility and at his own expense, to call or contact Mireli Vargas Fernandez at the agreed time. Mireli Vargas Fernandez is responsible for being present or available at the agreed time for her services.

c) In case of online appointments with Zoom, Whatsapp or MS Teams, Mireli Vargas Fernandez will send the client the invitation link and code via the chosen communication channel for the agreed appointment in due time before the appointment starts, usually in written form via email. Spontaneous conferences are possible according to the time capacities of Mireli Vargas Fernandez, if and insofar as a customer relationship (existing customer) exists at the time of the agreement and a time slot is immediately available.

d) If Mireli Vargas Fernandez is contacted by telephone and the e-mail address of the customer is not available at the time of contact, the customer’s data is always entered into the booking system before the appointment is made. Without entry, no contract is concluded.

3. Service booking in the online area, data collection, conclusion of contract

3.1 With the booking of a service, the customer ensures, in the case of consumer status, a fully legally competent natural person according to the requirements of the respective country of residence of the customer. If the customer books in the name of and on behalf of a company, regardless of its legal form, he/she assures that he/she is also authorized to represent this company.

3.2 Appointment bookings are to be requested by the customer by e-mail or via the contact form on the website.

3.3 The full name of the customer, his/her address, a valid e-mail address and possibly a telephone number are used for invoicing and processing payments, as well as for the execution and evaluation of the appointment, and must be provided completely and correctly when booking.

3.4 In case of an accepted booking, the date and time will be confirmed by Mireli Vargas Fernandez, unless otherwise stated by Mireli Vargas Fernandez.

3.5 After booking an online appointment or an appointment by means of remote communication by the customer (the offer), the contract for a service in accordance with these GTC is only bindingly concluded upon confirmation in written form (letter, email, fax letter) by Mireli Vargas Fernandez (the acceptance) and upon receipt of payment of the full service price. A confirmation of the receipt of the booking does not constitute an acceptance of the contract offer.

4. Time of performance

4.1 The time of performance shall be agreed individually between the contracting parties.

4.2 Appointments and dates  agreed upon are binding. Changes of dates and cancellations of dates are only binding if they are sent by e-mail to

5. Cancellation clause, appointment cancellations

5.1 If the customer cancels an agreed appointment less than 24 hours before the agreed time or if the customer fails to appear at the appointment without an excuse, the appointment shall be deemed to have taken place and shall be paid for in full by the customer.

5.2 If the customer cancels an agreed appointment for the first two appointments within 48 to 25 hours before the agreed time, the advance payment less € 25,- processing fee will be refunded. If a third cancellation occurs, the third appointment will be charged in full. Both parties must be present at the appointed time for the first session.

5.3 In deviation from 2.3 c. and d., an appointment that has already been paid for and confirmed can be rescheduled once if the client is excused in advance. In this case, no further processing fees will be charged.

5.4 If Mireli Vargas Fernandez cancels an agreed appointment within 24 hours before the agreed time or does not appear at the appointment, the appointment is considered as not carried out and is not to be paid by the customer / client. A full refund of the advance payment for the appointment will be made or the appointment will be rescheduled. Further claims from appointment cancellations on the part of Mireli Vargas Fernandez are excluded.

6. Withdrawal, termination for cause, refund of fee and exclusion of refund for cause.

6.1 If within the first ten minutes of a coaching or shamanic session at least one of the parties verbally discloses that no trustful working relationship can be created between the parties or expresses itself in a similar way, the client or Mireli Vargas Fernandez can cancel the session, a pro rata refund will then be made with the retention of a processing fee of € 25,00.

6.2 Cancellation for an important reason

a) For important reasons, especially in case of inappropriate behavior by the client, conflict of interest or other reasons, Mireli Vargas Fernandez reserves the right to terminate the services immediately or at least prematurely.

b) Inappropriate behavior on the part of the client includes, in particular, testing the abilities of Mireli Vargas Fernandez and knowingly, intentionally or grossly negligently misrepresenting him/herself.

c) In these cases, the client will be informed by Mireli Vargas Fernandez of the termination for cause.

d) In cases of termination for cause, Mireli Vargas Fernandez will refund any payments made in advance only to the extent that services have not been started.

7. Terms of payment, payment options, prepayment, price changes, additional costs in case of missed deadlines

7.1 Full payment for the services shall be made no later than 7 days prior to the agreed service by bank transfer [VR Bank Werdenfels IBAN DE34 7039 0000 0008 6575 72; BIC GEN0DEF1GAP] or Paypal to []. In case of a short-term booking, full payment will be made immediately. An invoice with confirmation will be issued and sent to the customer by mail. As long as the invoice is not paid in full, there is no right to the service.

7.2 The current price list applies.

a) Mireli Vargas Fernandez reserves the right to change the pricing. Services booked already are exempt from a price adjustment up to three months after booking. Should a booking exist more than 3 months after the price adjustment, Mireli Vargas Fernandez undertakes to inform customers of the changes immediately in written form (letter, email, fax letter, etc.), but at least 4 weeks before they come into effect. In this case there is a special right of withdrawal for 4 weeks after receipt of the information without any costs for the customer.

b) Mireli Vargas Fernandez reserves the right to charge additional fees according to the current hourly rate per minute if a session exceeds more than 10% of the usual time for this type of session.

8. Other costs, additional costs

8.1 If additional costs (candles, herbs, incense cones, etc.) are incurred due to the desired service and/or the customer’s place of performance, these shall be borne by the customer.

8.2 It is the sole responsibility of the customer to provide the necessary equipment and Internet access, as well as any necessary software to display the offers (“App”).  Setup and connection costs for suitable Internet access and a telephone connection are not part of these GTC and the prices offered here.

8.3 If, in deviation from Section 3 of these GTC, a subsequent invoice payment has been agreed, a reminder fee in the amount of 10% of the outstanding payment may be charged if the Customer is in default of payment.

8.4 If the customer wishes to receive the invoice by post, a handling fee of € 2.50 with a postal address in Germany and € 3.50 within the EU will be charged.

9. Disclosure obligations of the client, health clause, exclusion of benefits

9.1 During the coaching or shamanic treatments it can happen that the client sees, hears or feels things that he/she has never experienced before. If the client does not feel physically and psychologically ready for this, the client should not make a booking.

In case of booking the following applies:

9.2 By booking a service, the client assures not to take any psychoactive substances such as drugs or psychotropic drugs. If psychotropic drugs prescribed by a doctor must be taken, the customer must discuss the use of the services with his/her treating doctor.

9.3 The client assures that he/she is not currently in a psychologically unstable condition that could be expressed in an altered physical and/or mental state. This could influence the energizing process and be mistaken as an effect of the treatment.

9.4 The client assures that he/she voluntarily undergoes the agreed service.

9.5 The client informs Mireli Vargas Fernandez immediately of any discomfort that may occur during a session (such as pain, dizziness, discomfort).

9.6 If there are indications that the mental or physical condition of the client prevents the continuation of the booked service, Mireli Vargas Fernandez is entitled to terminate the session immediately and to demand from the client the proof of the condition or the degree of restriction by an expert doctor. Until this proof, no further service will take place.

10. Healing clause, client instruction

10.1 Mireli Vargas Fernandez clearly points out that her offers are not measures that are recognized or have proven effectiveness scientifically or in conventional medicine.

10.2 Mireli Vargas Fernandez expressly does not replace psychiatric, psychotherapeutic, orthodox medical, professional, legal or economic advice in any form. Mireli Vargas Fernandez may not and will not make any diagnoses or prescribe any medication.

10.3 Mireli Vargas Fernandez’s offers are at most to be seen as complementary to a conventional medical, psychotherapeutic or naturopathic treatment and are not the practice of medicine.

10.4 Mireli Vargas Fernandez’s work in no way corresponds to a fortune-telling activity and she does not offer any prognoses. Furthermore, Mireli Vargas Fernandez’s offer does not include questions about the time of death or other time indications.

10.5 The fact that Mireli Vargas Fernandez can be mistaken within her service offer, despite acting expressly to the best of her knowledge and belief, is part of the professional risk, which is why the independent examination of presented and discussed facts always remains with the customer.

10.6 The client understands that in the field of shamanic applications it is assumed that in some cases messages through Mireli Vargas Fernandez could be misunderstood or information that does not concern the final recipient can also become content.

10.7 The client also understands that all ideas, hints and comments from Mireli Vargas Fernandez are exclusively intended to support the Client in his/her personal development.

10.8 The client understands that no results are guaranteed or promised, nor is the fulfillment of expectations and hopes for future life.

10.9 The client understands that Mireli Vargas Fernandez can only pass on and hand over that which is given to her on the basis of her spiritual connection. The client is therefore responsible for his/her actions, decisions and how he/she deals with the information received, himself/herself and to the fullest extent.

11. Audio chat, special regulations for shamanic sessions and consultations via audio chat

11.1 The offers of Mireli Vargas Fernandez with the exception of coaching, are also possible as pure audio chat messages via the messenger service “WhatsApp”.

a) In this case, the maximum chat time is roughly based on the time windows of a telephonic pre and post meeting, since the actual performance of services by Mireli Vargas Fernandez takes place at a freely chosen time (see below section 7.2.).

b) The audio files are not prepared, but a direct transmission of what is received, i.e., possibly with pauses, individual words, sentence stumbles or interjections/interjections to the Spiritual World of Mireli Vargas Fernandez page. A clear version can be booked.

11.2. No claim to fixed date promises

a) The client receives the messages/information without a fixed appointment, but within a fixed time frame. Only the energy work (shamanic applications) requires a simultaneous appointment, but also here the further communication can be more flexible afterwards.

b) Audio chat is not possible on weekends and sometimes on holidays.

c) Mireli Vargas Fernandez is not available instantaneously but when corresponding time slots for the audio chats are free in her work schedule.

12. Data protection, third party service providers

12.1 The personal data of the customer will be collected and stored by Mireli Vargas Fernandez and used exclusively for the fulfillment of the aforementioned object of service, as well as for obtaining feedback for performance analysis a few weeks after the service date by Mireli Vargas Fernandez.

12.2 The stored data will be deleted, at the latest, 10 years after the last booked service. In particular, invoice data (billing documents) must be stored for 10 years in accordance with § 147 of the German Fiscal Code (Abgabenordnung).

12.3 When booking a service provided online or via other remote communication, the customer declares that he/she has independently read, understands and accepts the current GTC and data protection guidelines of the third-party providers.

12.4 He/she also accepts all risks of data loss, data disclosure, data collection and data storage by third parties, which are associated with the use of e-mail, messages via the messenger service “Whatsapp”, MS Teams, telephone, Zoom or other online means of communication.

12.5 If “Whatsapp” is used as a messenger service between the Customer and Mireli Vargas Fernandez, this will only be done on the basis of the Customer’s consent. Customer has read, understood and accepted the current privacy policy of “Whatsapp”.

12.6 If Zoom is used as a video conferencing service between the Customer and Mireli Vargas Fernandez, this will only be done on the basis of the Customer’s consent. The Client has read, understood and accepted Zoom’s current privacy policy.

12.7 If MS Teams is used as a video conferencing service between the Customer and Mireli Vargas Fernandez, this will only be done on the basis of the Customer’s consent. The Client has read, understood and accepted Microsofts’s current privacy policy.

12.8 In all other respects, the provisions of the European General Data Protection Regulation shall apply. Please read our privacy policy.

13. Copyright protection, long-term storage of Intellectual Property, use of Customer-related Content as Intellectual Property, consent

13.1 All services rendered by Mireli Vargas Fernandez and their documentation, as well as recording, may not be passed on, copied, sold, imitated, duplicated, changed or otherwise used by the customer or third parties. Only private, non-commercial use is possible. As intellectual property, they are subject to copyright protection.

13.2 Audio files of shamanic sessions remain anonymized as intellectual property of Mireli Vargas Fernandez even after the expiration of the ten-year retention period and will continue to be stored and used. Please read our privacy policy.

13.3 A further use of the contents of shamanic applications by Mireli Vargas Fernandez, are possible at any time and in any form under anonymization of the customer and his/her circumstances.

14. Mutual secrecy, lifting of secrecy, provisions of the European General Data Protection Regulation

14.1 The Customer undertakes to maintain confidentiality about any business and trade secrets of Mireli Vargas Fernandez, also beyond the termination of the Framework Agreement.

14.2 Mireli Vargas Fernandez shall keep confidential all information of the Client that has become known in connection with the performance of services, also beyond the termination of the order. Her rights from clauses 7.2. and 7.3. of these GTC remain unaffected.

14.3 If the Client reports abuse or neglect of children, elderly persons or animals, as well as endangering other people or animals, or threatens to harm himself/herself or others, the Client understands that Mireli Vargas Fernandez will take the steps necessary at her discretion and will no longer be bound by the contractual confidentiality, even without the Client’s consent. If Mireli Vargas Fernandez is requested by a court, authorities or public bodies to disclose information or to testify, she must and will comply with this.

14.4 In all other respects, the provisions of the GDPR shall apply. Please read our privacy policy.

15. Liability for personal injury and property damage, obligations of the customer, liability for third parties, exclusions of liability, achievement of purpose.

15.1 Liability for personal injury, legal liability, obligations

a) Mireli Vargas Fernandez has business liability insurance to meet possible legal liability claims of the customer.

b) The client has the obligation to insure himself/herself against accidents and injuries that may occur in the course of the service. The same applies to the direct route to and from the place of performance.

c) The legal liability also applies to violations of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the customer regularly relies and may rely (cardinal obligations). In this case, the amount of the claim for damages shall be limited to the foreseeable damage typical for the contract. The same shall apply to breaches of duty by vicarious agents.

15.2 Liability for damage to property

a) Mireli Vargas Fernandez excludes any liability for online offers to the customer for material damage that is not based on a grossly negligent or intentional breach of duty, including any vicarious agents of Mireli Vargas Fernandez.

b) If a service does not take place online or by remote communication, cash or valuables should not be left unattended but should be kept on the customer. Mireli Vargas Fernandez assumes no liability for lost property and/or damage to the property or possessions of the client.

15.3 Achievement of purpose: Furthermore, Mireli Vargas Fernandez is not liable for any non-achievement of the purpose pursued by the client in entering into the contract, beyond the provision of the service owed.

15.4 Liability for Third-Party Service Providers

a) If the customer uses services of cooperation partners or other companies or persons mediated by Mireli Vargas Fernandez, he/she does so on his/her own responsibility.

b) Mireli Vargas Fernandez is not liable for the impossibility of fulfilling the contract, other service disruptions or the delay in performance by third party providers. Mireli Vargas Fernandez does not assume any warranty for goods and services that the customer has received from them.

16. Final provisions

16.1 Unless otherwise stipulated in these General Terms and Conditions, amendments, supplements and ancillary agreements must be made in writing in order to be effective. The written form requirement shall also apply to any waiver of this formal requirement.

16.2 Should any of the preceding provisions be invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid or unenforceable provision, a suitable legally enforceable replacement provision shall be agreed upon, which comes as close as possible to the economic success of the invalid or unenforceable provision.

16.3 It is agreed that the place of jurisdiction shall be the Local Court of Weilheim or the Regional Court of Munich II. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.