General Terms and Conditions (AGB)

1. declaration of revocation

Cancellation policy for digital content, prepared in accordance with EGBGB Annex 1 to Art. 246a § 1 para. 2 sentence 2 Reference: BGBl. I 2013, 3642 – 3670

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us, Pilatesbee e.K., Helene-Weber-Allee 11, 80637 München, Telefon: +49 (0),1728802023 E-Mail: info@pilatesbee.de of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

If you have requested that the services should commence during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

However, the right of revocation expires under the conditions of § 356 para. 5 BGB if we have started to execute the contract after you have expressly agreed that we start to execute the contract before the expiry of the revocation period and you have confirmed your knowledge that you lose your right of revocation by your consent with the start of the execution of the contract.

Sample withdrawal form

Pilatesbee e.K.
Attn: Sabine Buchmeier
Helene-Weber-Allee 11
80637 Munich

E-mail: info@pilatesbee.de

  • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for notification on paper)
  • Date

(*) Delete as appropriate.

2. GENERAL TERMS AND CONDITIONS

General Terms and Conditions

§ 1 Scope of application

  1. These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded between Pilatesbee e.K., Helene-Weber-Allee 11, 80637 Munich and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
  2. All agreements made between you and us in connection with the concluded contract result in particular from these contractual terms and conditions, our written order confirmation and our declaration of acceptance.
  3. The version of the GTC valid at the time the contract is concluded shall apply.
  4. We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Conclusion of contract

  1. The presentation and advertising of our services on flyers, other advertising materials or the website www.eversports.de do not constitute a binding offer to conclude a contract.
  2. An offer can be submitted to the customer on site, stating the content of the service, the scope of the service and the corresponding remuneration. This offer can only be accepted immediately.
  3. The contract can also be concluded via the Eversports platform. The customer is given the opportunity to submit a binding offer to us via Eversports by placing an order using the online order form. The General Terms and Conditions of Eversports also apply.
  4. In any case, the contract is only concluded when we confirm the customer’s booking and not by the booking itself. The customer is bound to the booking for a period of two (2) weeks. The customer will receive an invoice by e-mail with the booking confirmation.
  5. If no capacity is available for the services at the time of booking by the customer, we shall inform the customer of this immediately in the order confirmation. If the service is permanently unavailable, the provider shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded. If the service specified by the customer in the order is only temporarily unavailable, we shall also inform the customer of this immediately in the order confirmation.

§ 3 Service content

  1. We provide our services to the best of our knowledge and belief. A subjectively expected success of the customer cannot be promised or guaranteed.
  2. We are entitled to make adjustments to the content or process of the service provision for technical reasons, for example if there is a need to update or further develop the content of the service, provided that this does not result in a significant change to the content of the service and the change is reasonable for the customer.
  3. The services offered by us take place according to the agreed scope; the place, time and duration are determined by our course offers. We are entitled to change the time and place of the announced service, provided that the customer is informed of the change in good time and it is reasonable for the customer.
  4. Costs for travel, meals, parking and other expenses shall be borne by the customer.
  5. If a specific contract term has been agreed, the contract can be terminated with one month’s notice to the end of the month. Notice of termination must be given in text form. If notice of termination is not given or not given in good time, the contract is automatically extended for an indefinite period and can be terminated with one month’s notice.

§ 4 Implementation of the courses/ prerequisites

  1. The customer bears full responsibility for his/her actions during the entire course, both during and outside the respective course dates. Participation in a course requires normal mental and physical resilience. Each customer is responsible for his/her own physical and mental condition. Before the start of the course and during the course period, the health suitability of the course participant must be ensured and, if necessary, confirmed by a doctor. By booking, the customer confirms that he/she is physically and mentally able to take part in the booked course.
  2. The customer agrees to take part in the training on his/her own responsibility and to inform us of any pre-existing illnesses and physical limitations by filling out the registration form and before the lesson.
  3. If it turns out during the course that these health requirements are not met or no longer apply, we reserve the right to terminate the contract for good cause. Amounts for remaining units not attended will be refunded pro rata.
  4. The courses take place in our course room. The exact address will be given to the customer.
  5. If a certain number of participants is required for the course (minimum number of participants) and this number is not reached, we reserve the right not to run the course. If the maximum number of participants is reached, we reserve the right to reject your offer or place you on a waiting list. Should a place become available, we will inform you immediately.

§ 5 Prices and terms of payment

  1. All prices quoted in our documents and offers are complete prices including the currently applicable VAT.
  2. The course price must be paid in full in advance in any case before the start of the course or training, unless explicitly agreed otherwise. We reserve the right to refuse participation in the course until we have received the full course price.
  3. Payment is only possible via the means of payment specified on the Eversports platform. Cash payment on site is not possible.
  4. You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same contract.
  5. You may only exercise a right of retention if your counterclaim arises from the same contract.

§ 6 Cancellation of services

  1. We are entitled to cancel a date for the provision of services if we or a third party engaged by us are prevented from providing the service on the agreed date, e.g. due to riots, strikes, lockouts, natural disasters, bad weather, traffic obstructions or illness, which prevents us from providing the service on the agreed date through no fault of our own.
  2. The contractor is obliged to inform the customer/course participant of any cancellation as soon as possible). In the event of a cancellation in accordance with paragraph 1, the customer shall not be entitled to compensation.
  3. In the event of a cancellation, we will offer the customer an alternative date if necessary. If no agreement can be reached on this, we will reimburse the customer for any remuneration already paid (pro rata if applicable).
  4. The refund shall only cover the amount actually received by us, i.e. less the costs and fees incurred by the payment method chosen by the customer. The customer can reduce or avoid these costs by choosing the most cost-effective payment method.
  5. If the customer withdraws from the contract or refuses to participate without an important reason to be stated by the customer, we are entitled to demand the agreed remuneration. In doing so, however, we must take into account the expenses saved as a result of the non-participation and the expenses acquired or maliciously not acquired through other use of the service.
  6. If the participant is permanently unable to take part in the booked course due to illness, he/she must provide appropriate evidence of this, e.g. a medical certificate. The customer then has an extraordinary right of termination. The course fee will not be refunded in the event of short-term absences.
  7. If the customer is unable to attend an appointment, they must inform the provider of this within 24 hours at the latest – as a member or points card holder – aggregator bookings must be canceled at least 48 hours before the agreed appointment, otherwise a ticket will be charged at the studio price (less the respective additional payment). The customer is at liberty to prove that the costs were not incurred or not incurred in the amount stated. Courses canceled by aggregators (Wellpass, Wellhub, Urban Sports Club) participants and any additional payments made remain valid as a credit for three weeks from the date of sale.

§ 7 Liability

  1. We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
  2. In other cases, we shall only be liable – unless otherwise stipulated in paragraph 3 – in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
  3. Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
  4. Liability for theft on the premises of the course is expressly excluded.

§ 8 Copyrights

We have copyrights or rights of use to all images, films and texts. Use of the images, films and texts is not permitted without our express consent.

§ 9 Applicable law and place of jurisdiction

  1. 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. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
  2. If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

§ 10 Cancellation conditions

The cancellation period is 24 hours. Bookings canceled within this time remain as a credit on the account these tickets can be used again within the validity period.
For aggregator bookings such as Wellhub, Wellpass or Urban Sports Club, the cancellation period on the reformer is 48 hours.
On the mat 24 hours. In the event of a late cancellation, we will charge a ticket at the studio price minus any additional payment.
In the event of a timely cancellation, the ticket will also remain available on the account within the validity period.