Every Damn Day Yoga GmbH
Revaler Str. 22
10245 Berlin
These General Terms and Conditions (GTC) apply to all contracts between Every Damn Day Yoga GmbH (Company) and its customers, unless otherwise agreed in individual cases. Customers are all those persons who acquire or have acquired the right to use the courses and events offered by the Company as defined in Section 2(Customers).
Contracts between the company and the customers are concluded by offer and acceptance within the meaning of §§ 145 ff. BGB (German Civil Code). The registration or booking of yoga courses, massages, workshops, yoga retreats, yoga education and training or other services and events(events) offered by the Company constitutes a binding offer by the customer to conclude a corresponding contract within the meaning of § 145 BGB, whereby the registration/booking can be made by e-mail, letter, telephone, online or on-site registration form as well as via the sports market platform Fitogramm. The acceptance by the company takes place by sending a registration or payment confirmation by e-mail (if applicable by Fitogramm) or by signing the contract.A participation in booked events is excluded before payment of the full invoice amount, unless otherwise agreed. The confirmation of a place in a workshop is only binding when the respective fees have been paid in full.
In particular, the Company offers yoga classes (individual or group and with different levels of difficulty), workshops and yoga education and training. In addition, the Company also offers massages and yoga retreats (the aforementioned events in total course and event offerings). The Company maintains a yoga studio in Berlin (Every damn day yoga, Revaler Str.22, 10245 Berlin) to offer its courses and events. The courses and events are held in this studio or in premises rented specifically for this purpose.
The office and course hours of Every damn day Yoga(opening hours) as well as the current course and event offerings are published on the company's website (www.everydamndayyoga.de) and are updated on an ongoing basis.The company reserves the right to hold training and further education courses, if necessary, in alternative rooms at a distance from the Every damn day yoga studio that is reasonable for the customers. The company also reserves the right to make any necessary changes with regard to the opening hours of the Every damn day yoga studio, the courses and events on offer and the teachers or instructors of the respective courses or training courses. Such changes will be announced on the website www.everydamndayyoga.de and in the Every damn day Yoga Studio. If less than five participants have registered for individual events up to 14 days before the start of the event, the Company reserves the right not to hold the events concerned. Affected customers will be informed of the non-implementation by email. In this case, the Company will, in consultation with the affected customers, offer a free replacement booking for a corresponding alternative event at the next possible time. Fees already paid will be charged in the event of a replacement booking. If an alternative date is not desired by the affected customers, the fees paid will be refunded.
The Company offers monthly and point tickets as well as individual tickets for booking the yoga courses offered, which entitle the holder to book and participate in the Every damn day yoga studio. Monthly tickets are valid from the time of initial use for a period of 31 days for booking the yoga classes offered during this period. Points cards are available as 10-person cards for booking individual yoga classes between 45 and 90 minutes. Monthly and point cards cannot be used to book workshops, training and further education events or yoga retreats. Monthly and point tickets are personalized, valid for one person and not transferable to third parties. Points cards are, however, transferable to spouses, partners and children. For both monthly and points cards, transferability is possible in individual cases for special reasons (pregnancy, relocation, permanent illness or injury) after prior consultation with the Company.
From the time of the first participation booked with a monthly or points card, monthly cards are valid for one (1) month and points cards are valid for twelve (12) months.Paid monthly and annual cards expire after the validity date. A refund of paid fees is excluded.The validity period of monthly and points cards can be extended in special exceptional cases.
Participation prices and fees, as well as information and details on booking the courses and events offered, can be found in the company's current price list, which is available on the website www.everydamndayyoga.de and on site at the Every Damn Day Yoga Studio.
Unless otherwise agreed, participation prices and fees are due immediately upon conclusion of the contract.
Payment of the invoiced participation prices or fees can be made by bank transfer to the company's account stated in the invoice or on site at the Every Damn Day Yoga Studio by EC card payment, credit card payment, Paypal or voucher. In case of an online booking via Fitogramm, payment is possible via online payment systems (e.g. PayPal, Sofortüberweisung etc.) or by credit card.
Discounts, promotions or other special offers are limited to the respective period of validity stated. Promotional vouchers will only be recognised if submitted in the original. A combination of several discounts from different promotional or action offers within the scope of one booking is excluded.
The customer shall only be entitled to set-off if his counterclaims have been legally established, acknowledged or are undisputed by the Company.
It is pointed out that in the event of dropping out, missing or otherwise not participating in booked events, in particular with regard to training or further training including training parts, a claim for reimbursement of the participation fee or the event fee or parts thereof is excluded. A certificate of attendance or completion will not be issued for training or further training courses that have been started but not fully attended as defined above.
Any statutory rights of termination and withdrawal to which the customer may be entitled shall remain unaffected.
The Company, its legal representatives or vicarious agents shall only be liable for damages if the damage can be attributed to gross negligence or intent; or was caused by culpable breach of a material contractual obligation (cardinal obligation), i.e. an obligation the fulfilment of which is a prerequisite for the proper performance of the contract or the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which the contractual partner may therefore regularly rely.
In all other respects, any liability of the Company for damages - on whatever legal grounds - is excluded.
If the Company is liable pursuant to Section 5.1(b) for the breach of a material contractual obligation without gross negligence or intent, the liability shall be limited to the extent of the damage which the Company could typically expect to occur at the time of the conclusion of the contract on the basis of the circumstances known to it at that time.
The above limitations or exclusions of liability shall not apply in the event of culpable injury to life, limb or health, for liability claims under the Product Liability Act and in the event of a contractually agreed obligation to indemnify regardless of fault.
Customers are advised not to bring any property or valuables into the Every Damn Day Yoga Studio or other event space. The Company assumes no responsibility for the guarding of such items or for any other duty of care for items of value or property brought into the premises. The depositing of money, property or valuables in lockers provided by the Company does not create any obligations on the part of the Company with regard to the items brought in.
Participation in the courses and events offered should only take place if the customer is in full health. In its own interest, the Company recommends that its customers discuss their intention to participate with a doctor before taking part in the Company's events, particularly in the case of special health problems such as physical infirmities, previous operations, problems during pregnancy, etc., and to inform the teacher or speaker of existing health restrictions before the start of the event when registering and in the case of participation in an event.
It is pointed out that the copyright or the exclusive rights of use of all scripts and publications belong to the Company and that their further use of any kind, in particular reproduction or disclosure to third parties, is prohibited or expressly requires the written consent of the Company.
Violations will be punished in each individual case with a lump-sum contractual penalty of EUR 3,500. This shall not affect any further claims for damages.rver log files.
The course participants give their consent that photographs or film recordings made during the courses may be used in audiovisual or print media without remuneration and without any time or space restrictions.
The Company collects, transmits, processes and stores the personal data relating to the respective contracts to the extent that and for as long as this is necessary for the substantiation, execution and processing of the conclusion of the contract and the Company is obliged to store this data on the basis of statutory provisions.
With the exception of training and further education events as well as yoga retreats, the place of performance for all services is Berlin.
The exclusive place of jurisdiction for all disputes arising from the business relationship is Berlin. The right of both parties to assert claims against the contractual partner at its general place of jurisdiction remains unaffected.
The European Commission provides a platform for out-of-court online dispute resolution. Disputes can be submitted to the online dispute resolution platform of the European Commission for resolution. The use of the site, which is managed by the European Commission, is free of charge. The platform is available to customers if you have made an online purchase and are located within the EU.
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
© 2024
Every Damn Day Yoga GmbH
Revaler Str. 22 - 10245 Berlin
hello@everydamndayyoga.de
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