Terms and Conditions

General Terms and Conditions

1. Scope

These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts that a customer, consumer or entrepreneur (hereinafter referred to as “Customer”) enters with Pilates Zentrum Starnberg (hereinafter referred to as “Provider”) for the subject matter of the contract described under 2.

By placing an order, the Customer expressly accepts these terms and conditions. In the contractual relationship with the Customer, only the Provider's general terms and conditions apply.

2. Subject of the contract

The subject of the contract are courses, training courses, workshops, seminars and other services of the Provider with which the Provider gives Pilates lessons. The Provider owes the provision of instruction, not the achievement of physical success.

Pilates lessons are offered according to the Provider's possibilities in the context of individual or group lessons in the studio, as a live stream, or online.

The number of Customers is limited with regard to the quality of the courses.

The services offered are not medical services (in particular no medical therapy or healing program) and do not replace any medical diagnosis, advice or treatment by a doctor.

The execution of the exercises, and also regarding the intensity, is at the discretion of the Customer.

The details, in particular the essential characteristics of the courses and services offered, shall be specified by the Customer.

Services can be found in the respective service description and in the supplementary information on the Provider's website.

3. Personal requirements for participation and duty of information

With the registration, the Customer declares bindingly that the Customer is physically able to participate, is healthy and does not suffer from any infectious disease.

Any pre-existing conditions, chronic or acute illnesses that could affect the Customer in the practice of Pilates, or that could have a negative effect on the Customer, must be reported to the Provider before the start of the course. Acute illnesses that could endanger the health of the Customer or other course participants while participating in Pilates lessons must be reported to the Provider before each individual training session.

The Provider must be informed immediately before the course starts if the Customer is pregnant.

Participation in Pilates classes is prohibited if the Customer is suffering from an infectious disease.

The Provider reserves the right to accept the contract dependent on a medical certificate confirming that the Customer’s participation in Pilates classes is harmless to the Customer's health.

In the event of acute illness of the Customer, the Provider reserves the right to make the Customer's participation in individual training sessions dependent on a medical certificate from the Customer, in which the harmlessness of the Customer's participation in Pilates classes is confirmed.

All Customers are advised to seek medical advice before participating in training sessions to determine if there are any health concerns about participating in Pilates classes.

4. Conclusion of contract

(a) Registration
The Customer makes the binding offer to the provider in writing or by e-mail to conclude a contract. The Provider confirms the acceptance of the Customer's offer in writing or by e-mail.

Minors must submit a written offer to the Provider before conclusion of the contract or conclude the contract through their legal representative.

Registrations will be considered in the order in which they are received. If a registration cannot be considered, the Provider shall inform the Customer without delay.

If the minimum number of Customers specified by the Provider is not reached, the Provider reserves the right to cancel the course.

(b) Fees
The monthly participation fees for group courses are due in advance on the first of each month. They are to be transferred to the Provider's account on the due date.

The participation fees for individual lessons are due 10 days after receipt of the invoice and are to be transferred to the Provider's account by the due date.

Costs arising from late payment are to be borne by the Customer.

The course fees are based on the Provider's price list, which is available on the Provider's homepage http://www.pilateszentrum-starnberg.com or on site at Pilates Zentrum Starnberg.

(c) Lesson Unit
One teaching unit is 55 minutes.

d) Contract Period
The duration of the contract or the provision of a certain number of teaching units can be agreed individually. If no agreement is reached, the contract is concluded for an indefinite period.

 

5. Obligations of the Customer participating in Pilates lessons

(a) Execution of the exercises
The execution of the individual Pilates exercises is not compulsory for the Customer and is carried out at the customer's own discretion, taking into account the Customer’s individual health conditions. If the Customer carries out an exercise, the Customer must follow the professional instructions of the Provider. If the Customer does not follow these instructions (e.g. by operating a device improperly), the Customer does so at the Customer's own liability.

(b) Property of the Customer
The Customer undertakes to keep property brought to Pilates Zentrum Starnberg safe during the lessons and to pay special attention to valuables brought along.  Pilates Zentrum Starnberg accepts no responsibility for the Customer’s personal belongings.

6. Termination

Contracts with an indefinite term can be terminated by the 3rd working day of a calendar month, at the latest, for termination at the end of the calendar month after the next.

All contracts can be extraordinarily terminated for good cause.

The termination of a contract must be made in writing or by e-mail. In the event of termination by the Customer, the Provider shall confirm receipt of the termination in writing or by e-mail.

 

7. Prevention of appointments

The Customer bears the risk of being prevented from attending the course due to reasons arising from the Customer’s own sphere of risk (e.g. illness, relocation, schedule). There are no claims against the provider, such as for participation in a substitute course date, credit note or reimbursement of the participation fees.

Individual lessons must be cancelled by the Customer in writing, by e-mail, SMS or What's App at least 48 hours before the start of the lesson. If the deadline is missed, the full amount for the agreed individual lesson must be paid.

The Provider reserves the right to cancel course dates due to urgent reasons arising from the Provider’s sphere of risk (e.g. illness, accident). The provider will offer alternative dates in case of an impediment to performance for which the Provider is responsible, according to the Provider’s possibilities

In case of force majeure (e.g. official prohibition of the operation of the Pilates Zentrum Starnberg due to a pandemic), there is no claim for the execution of course dates or for compensation against the Provider. 

8. Liability for damages

The Provider is liable for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty of the Provider, or an intentional or negligent breach of duty by its legal representative or a vicarious agent of the Provider.

The Provider, his legal representative and his vicarious agent are liable in the same way for damages resulting from the violation of essential contractual obligations, the waiver or restriction of which endangers the achievement of the purpose of the contract (cardinal obligations).

The Provider is liable for other damages if they are based on an intentional or grossly negligent breach of duty by the Provider or on an intentional or grossly negligent breach of duty by his legal representative or a vicarious agent of the Provider.

Further claims for damages of the Customer against the Provider do not exist.

9. Final provisions

If the General Terms and Conditions of Business have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. If the provisions have not become part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions. The contract is ineffective if adherence to it, even taking into account the amendment, would constitute an unreasonable hardship for one of the contracting parties according to the statutory provisions.

July 2020