Conditions
PINK LOTUS Yoga Terms and Conditions (“Terms”).
Alte Dieburger Strasse 62, 64367 Muehltal.
These terms and conditions apply to any use of the facilities, courses and offers of PINK LOTUS Yoga, regardless of place, time or type of implementation, unless otherwise stated in the respective contracts.
§1. Offers
1) Membership contracts are usage contracts with a contractually agreed term that can be terminated at the end of the contractual term and are automatically extended if there is no termination. They entitle the member to use the offer defined in more detail in the membership contract against payment of a monthly membership fee.
2) Multiple tickets entitle the purchaser to attend a certain number of courses at PINK LOTUS Yoga. Cancellation is not possible. The corresponding number of available accesses can be found in the respective contract.
§2. Authorization to Use, Risk of Use
1) The person entitled to use (hereinafter “user” or “contractual partner”) is exclusively the person named as contractual partner in the contract (in the case of membership contracts also “member”). The right of use is not transferable. The risk of use for usage contracts lies solely with the user.
§3. Beginning and end of membership contracts, termination
1) Membership contracts (§ 1 Paragraph 1) are concluded according to a specific agreement in the membership contract at the choice of the contractual partner for the number of months (basic term) specified in the contract. The first contract month of the basic term begins with the date specified in the contract of use as the start of the contract. If no start of contract is specified in the contract, the first contract month of the basic term begins with the calendar month following the conclusion of the contract of use.
2) Ordinary termination is only possible with a notice period of three months (membership 12 months) or one month (membership 6 months) to the end of the basic term. If the membership contract is not terminated in due time, it will be extended by the original basic term and can be terminated by either party with a notice period of three months to the end of the respective contract period.
3) The mutual general right to extraordinary termination without notice if there is an important reason remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
4) The member also has the right to extraordinary termination of the contractual relationship with a notice period of one month to the end of a contractual month, if he/she is permanently unfit for sports based on a medical certificate or if he/she is planning to change his/her place of residence on presentation of a certificate from a residents' registration office can prove an address that is more than 50 kilometers away from the address specified in the contract of use or communicated later (special extraordinary right of termination).
5) Any notice of termination must be given in writing. Cancellations by email are not valid!
6) Ordinary and extraordinary terminations are not retrospectively possible.
7) In the case of multiple tickets (§ 1 Paragraph 2), there is no ordinary or extraordinary right of termination other than the return option according to § 2 Paragraph 1 Clause 2.
§4. Temporary suspension of usage authorization (rest period)
A rest period for contracts can be suspended once per calendar year for a period of one month without giving reasons. The application must be made in writing by email and confirmed by PINK LOTUS Yoga. The corresponding time is appended to the basic running time.
A suspension of the contract is also possible after presentation of a medical certificate of inability to exercise, a medical certificate of pregnancy, a certificate from the user's employer regarding a temporary stay abroad or proof of the temporary relocation of residence to an address other than that specified in the contract of use or communicated later address is more than 50 kilometers away. The rest period is at least one full contract month, but no more than six full contract months, at the user's option. The start and duration of the rest period must also be sent to PINK LOTUS Yoga in writing and must be confirmed to be effective.
During the rest period, the facilities, courses and offers of PINK LOTUS Yoga cannot be used. The contract term of the right of use increases by the number of months of rest months used. Termination during the rest period is not possible.
§5. Course enrollment, pre-registration, course start, change of course offer / opening hours
1) PINK LOTUS Yoga is entitled to set and limit the maximum number of course participants depending on the course in general or in individual cases if this is necessary for compelling organizational reasons, in particular spatial reasons in the interest of the participants. A limit will be announced by notice or determined in individual cases by the course instructor.
2) If there is great interest in individual courses, PINK LOTUS Yoga is entitled to request advance registration for the courses at a reasonable time to guarantee participation. The introduction of the pre-registration will be made known by a notice.
3) In order to enable the participating users to participate undisturbed, access to ongoing course units is only possible for users until the course begins. There is no entitlement to later access to and participation in the course unit that is already running.
4) PINK LOTUS Yoga is entitled to change or deviate from the range of courses, the time and location of the individual courses and offers and the general opening hours in a way that is reasonable for the contractual partner, provided there is a good reason for this.
5) PINK LOTUS Yoga is under paragraph
4) in particular entitled to temporarily change, deviate from or completely cancel the use of the course offer, the time and location of the individual courses and offers and the general opening times, provided that there are necessary reasons for this.
§6. User fees, due date, sales tax
The user fees cover the use of all facilities and courses within the framework of the agreed user contract. Excluded are workshops, as well as those facilities, courses and offers that are clearly marked as separate.
2) Membership fees are to be paid by direct debit. The contractual partner authorizes PINK LOTUS Yoga for the duration of the membership to collect the agreed membership fees from a domestic bank account or to provide such a direct debit authorization for the account holder. PINK LOTUS Yoga must be informed immediately of changes to the account details. The right to revoke individual debits remains unaffected. The time at which the membership fees are debited is specified in the direct debit authorization in the individual contract.
§7 PINK LOTUS Yoga is entitled to change the prices for the use of its facilities, courses and offers in compliance with § 315 of the German Civil Code (BGB). Such a price change only becomes effective if it is announced for at least three full calendar months by a publicly accessible and clearly visible notice on the premises of PINK LOTUS Yoga with the amount of the new prices. The notice replaces the declaration according to § 315 paragraph 2 BGB. The contractual partner is entitled to a one-off special right of termination at the time when the announced price change takes effect; § 3 paragraph 5 applies accordingly.
2) In the event of a change in the statutory amount of sales tax (VAT) or the introduction of other transaction taxes, PINK LOTUS Yoga is entitled to demand and collect these at the time the change or introduction becomes effective. This does not give rise to a right of termination.
3) If PINK LOTUS Yoga has granted special price concessions due to special personal circumstances (student rate, corporate or group rates), the granting or continued granting of these price concessions can be made dependent on the submission of proof valid for the period of the concession. PINK LOTUS Yoga is entitled, after an unsuccessful deadline for the submission of such proof, which must be at least two calendar weeks, to demand and collect the regular usage price instead of the special price reduction.
§8th. Liability
1) PINK LOTUS Yoga is liable for any damage insofar as (a) PINK LOTUS Yoga is charged with intent or gross negligence; The liability of PINK LOTUS Yoga in cases of gross negligence is limited to the foreseeable damage that is typical for the contract; (b) culpably caused damage resulting from injury to life, limb or health; (c) other mandatory statutory liability provisions provide for liability.
2) In addition, PINK LOTUS Yoga is liable, limited to the amount of typically foreseeable damage, for such damage that PINK LOTUS Yoga or its vicarious agents or legal representatives have culpably caused in breach of a material contractual obligation.
3) Further liability is excluded.
4) The use of the facilities, courses and offers is otherwise at the user's own risk. PINK LOTUS Yoga assumes no liability for items brought by users, in particular for valuables and wardrobe.
§9. Change of personal circumstances as well as name and address of the user
The user undertakes to notify PINK LOTUS Yoga immediately in writing or in text form of any changes in his personal circumstances that may be of recognizable importance for the implementation or termination of the contractual relationship. This applies in particular to a change of name or address of the user and to the cessation of personal circumstances that led to the granting of a price reduction (e.g. end of studies with a student rate granted; termination of employment with a company or group rate granted).
§10. Subsidiary agreements, written form, place of performance, place of jurisdiction, severability agreement
1) Verbal ancillary agreements to the contract of use have not been made. Changes and additions, including this provision, must be in writing.
2) In relation to merchants, legal entities or special funds under public law, Frankfurt am Main is agreed as the place of performance and jurisdiction for all disputes arising from the usage relationship, its formation or its termination.
3) In the event that the contractual partner moves their domicile or habitual abode outside the scope of the Code of Civil Procedure of the Federal Republic of Germany after the conclusion of the contract, or their domicile or habitual abode is not known at the time a lawsuit is to be filed, Frankfurt am Main is agreed as the place of jurisdiction.
4) Should one or more provisions of the contract of use, including these General Terms and Conditions, be wholly or partially invalid, this shall not affect the validity of the remaining provisions. In place of invalid or unenforceable provisions, such enforceable provisions shall be deemed to have been agreed that come as close as possible to the economic purpose of the ineffective or unenforceable provisions in a legally permissible manner. The same applies to aspects that require regulation that are neither expressly nor implicitly regulated by the contract of use.