unless otherwise required by the context, the following terms shall have the following meaning in the context of this contract.
general terms and conditions: the general terms and conditions used by Boxing Sisters and its local subsidiaries.
fitness: a service aimed at physical and/or mental activity
customer: a natural person who is not acting in the course of a professional or commercial activity and who concludes a contract for fitness services
company: Boxing Sisters
contract: contract between the company and the customer for the provision of fitness services.
scope of application
the business relationship between the company and the customer shall be governed exclusively by these General Terms and Conditions in the version valid at the time of conclusion of the contract.
conclusion of contract
by completing the I would like to receive start information form on the company’s website, the customer expresses her interest in a course organized by the company. Before submitting the form, the customer has the opportunity to check the data she has filled in. After sending the form, the customer receives an automatically generated email or an automatically generated WhatsApp message. In this electronic message, the customer receives all the information required to conclude the contract. No contract is concluded upon receipt of this automatic email or this automatic WhatsApp message.
the contract between the company and the customer is concluded upon payment of the fee for the course or membership. The payment can be made by clicking on a link in the automatically generated e-mail or the automatically generated WhatsApp message, whereby the customer is redirected to a payment page of the company by clicking on it. On this website, the customer can make the payment via a payment service offered by the company. Upon successful payment, a contract is concluded between the company and the customer.
the content of the contract as well as the other documents provided to the customer by the company must be treated as strictly confidential.
contracts with minors (under 18 years of age) cannot be concluded. Participation is only permitted for adults aged 18 and over.
right of withdrawal
customers have the right to withdraw from the contract within fourteen days of the conclusion of the contract without giving reasons. To exercise the right of withdrawal, the customer must inform the company by means of a form that she wishes to withdraw from the contract. The form can be sent to the company by post, fax or e-mail. To comply with the withdrawal period, it is sufficient to send the form on the exercise of the right of withdrawal before the withdrawal period expires. However, the right of withdrawal ends with the premature use of the fitness service by the consumer.
if a consumer withdraws from the contract, the company will refund all payments made by the consumer without delay and at the latest within 14 days from the day on which the company receives notification of the withdrawal. For this repayment, the company will use the same means of payment that the consumer used for the original payment, unless expressly agreed otherwise; in no case will the consumer be charged for this repayment.
Subject matter and scope of services
the type and scope of services depend on the fitness contract and the additional services or packages offered and selected (e.g. personal coaching).
membership is personal. Membership may not be transferred to third parties without the written consent of the company
Duration and (premature) termination of the contract
the company offers the customer at least one of the following options:
The beginner course, in which the customer receives 16 credits (right to participate in 16 courses), which she can use freely in a period of 11 weeks for one of the courses offered by the company (Boxing Sisters beginner and advanced courses). The contract ends automatically after the credits have been used or after the 11-week period has expired and no further notice of termination is required. Interim termination without good cause is excluded.
A flexible membership for a period of four weeks, which can be terminated monthly with one month’s notice to the end of the month. Participation in an introductory course is a prerequisite for this membership.
A loyalty membership for a period of at least one year, which can be terminated at the end of this contract period with one month’s notice to the end of each month. Participation in an introductory course is a prerequisite for this membership.
if the contract is not terminated in good time, it will be tacitly extended by 4 weeks after expiry of the notice period. The extended contract can be terminated at any time subject to the one-month notice period.
if the contract is concluded for a period longer than one year, the customer may terminate the contract after the expiry of this period by giving one month’s notice.
extraordinary termination by the customer is possible if:
the consumer moves his/her place of residence outside a radius of 20 km from the gym for which the membership was taken out. This must be proven by an entry in the residents’ register.
the customer suffers an injury or illness that would make continued use of the company’s services impossible or harmful. If the use of individual, not entirely insignificant parts remains possible, extraordinary termination is not permitted.
The customer is pregnant.
The contract must be terminated in writing.
In addition to the termination option specified in paragraph 4, the customer also has the option of freezing the contract. In the event of illness or injury which would make it impossible or detrimental to use the company’s services for a period of more than one month, the customer may state that she will not use the fitness activities for more than one month due to injury or illness, in which case the contract period will be extended by this period without any additional contribution costs being incurred for this period.
extraordinary termination by the company is possible with immediate effect if:
The consumer breaches one or more provisions of these terms and conditions or the applicable (house) rules.
the consumer has acted unlawfully towards the company or a party to the contract with the company.
If the customer is in arrears with the payment of an amount equivalent to two monthly premiums, this entitles the company to terminate the contract without notice for good cause.
Prices and price changes
the membership fee must be paid in advance.
any price increases shall be announced by the entrepreneur 2 weeks in advance.
in the event of a price increase, the customer has the right to terminate the contract within one month of notification of the price increase. The membership fee paid in advance will be refunded.
The termination option under paragraph 3 does not apply to price adjustments based on price indexation of up to €60 per year or to price adjustments resulting directly from the law, such as those relating to VAT.
obligations of the company/provider
the company guarantees that the facilities and services provided comply with the contract.
the company must carry out the necessary maintenance on the equipment.
the company guarantees that the trainers or supervisors have sufficient knowledge that can normally be expected.
the company shall ensure that sufficient first aid equipment is available.
the company takes measures to prevent damage to or loss of customers’ property.
Obligations of the customer
the customer must comply with the provider’s instructions and the (house) rules.
the customer must notify the company of any medical contraindication that speaks against practicing the sport.
the customer must follow the instructions of the company or its employees. The client is not permitted to use equipment or facilities that she is not familiar with. If the customer is unfamiliar with one or more pieces of equipment or facilities, she must inform the company so that it can explain to her how the equipment or facilities should be used.
the customer may not use the equipment or facilities if she is under the influence of alcohol, drugs, medication or substances designated as doping agents.
the customer is not permitted to smoke in the fitness areas provided by the company.
the customer must inform the company in good time in writing or electronically of any changes of postal address, e-mail address, account number and telephone number.
provisional amendments
the company may make interim changes to the services offered, premises and opening times. The company shall announce the planned changes at least 4 weeks in advance.
in the event of changes in accordance with paragraph 1 to the detriment of the customer, the customer has the right to terminate the contract with a notice period of one month after notification. In the event of termination, the membership fee paid in advance will be refunded.
payment
the membership fees due shall be charged and collected in the agreed manner.
after expiry of the payment period, default of payment shall occur automatically. The company will inform the customer of this in writing and give her the opportunity to pay the amount due within two weeks.
after expiry of the new payment deadline, the company reserves the right to charge the customer for late payment costs. These include bank charges from returned direct debits, reminder fees for late payment, etc., as well as the costs of appropriate legal action. In addition, the company is entitled to deny the customer access to the fitness facilities.
liability
the company is not liable for material (e.g. theft) or immaterial damages (e.g. injuries) that occur during training, competitions or other activities. This does not apply to liability for breach of a material contractual obligation and for liability for damages to the customer arising from injury to life, limb or health, nor for damages caused by intentional or grossly negligent breach of duty by the company, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. An essential contractual obligation of the company is in particular, but not exclusively, the continuous provision of the facilities specified in § 8 of the contract. The customer is expressly advised not to bring any valuables with her.
boxing is a physically demanding sport. Customers are therefore advised to enquire about their state of health with their family doctor so that they are able to follow training and, if necessary, competitions responsibly.
boxing is associated with risks. By signing the registration form, the customer (or a legal guardian) declares that he/she is aware of these risks and accepts them as his/her own risk.
data protection
the data collected via the booking form will be stored, used and, if necessary, passed on by Boxing Sisters GmbH insofar as this is necessary for the provision of the contractual services. The legal basis is Art. 6 para. 1 sentence 1 lit. b and f GDPR and, if applicable, the consent pursuant to Art. 6 para. 1 sentence 1 lit. a and Art. 9 para. 2 lit. a GDPR. Any further processing will only take place if the customer has consented or legal permission has been granted.
final provisions
the customer must provide truthful information about contract-relevant personal data when concluding the fitness contract. The customer must inform the company immediately of any changes to contract-relevant data (name, address, bank details, etc.).
if individual provisions of these ToC are or become invalid, the validity of the remaining ToC shall remain unaffected.
the contractual relationship between the parties shall be governed exclusively by the law of the Federal Republic of Germany, unless mandatory consumer protection law of the EU member state in which the member resides precludes this. The contractual language is German.
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