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General Terms and Conditions of SAPCE 7

General Terms and Conditions of SPACE 7

 

SPACE 7

 

Represented by:

Michaela Maria Hirth

Osterstr. 166

20255 Hamburg

Germany

 

1. Validity of the General Terms and Conditions

The following general terms and conditions apply to all contracts between SPACE 7, Michaela Maria Hirth and their customers, unless otherwise agreed in certain cases. Customers (hereinafter "your") are all persons who are/will be authorized by SPACE 7, Michaela Maria Hirth (hereinafter "me") to take advantage of the course offer in accordance with point 2.

 

2. Conclusion of contract and booking

According to §§ 145 ff. BGB, contracts between me (SPACE 7, Michaela Maria Hirth) and you (customers) come about through offer and acceptance. As soon as you register for the services I offer (hereinafter “sessions”) or book them, it is a binding offer on your part to conclude a corresponding contract within the meaning of § 145 BGB. The registration/booking takes place primarily via the contact form on the homepage, in the form of an e-mail, a letter, a telephone call or a registration form in the studio.  The acceptance on my part takes place by sending a registration or payment confirmation by e-mail or by signing the contract personally.

Unless otherwise agreed in certain cases, you are only entitled to participate in a booked course if you have paid the corresponding invoice amount in full. For special events or workshops, full payment is a prerequisite for the binding confirmation of a place.

 

3. Offer

3.1 Scope and implementation of the offer

I offer you sessions in the areas of Breathwork, Yin Yoga, Reiki, Shiatsu and Energy Work, as well as workshops, seminars and other services, which are carried out in rooms specially rented for this purpose or, in the case of personal sessions, at my place or, if necessary, at your home by arrangement will.

In the course of the changed conditions caused by COVID-19, I also offer online sessions. I use the streaming provider Zoom for online transmission. To participate in these sessions, you need to download the necessary software or app onto your laptop, tablet or smartphone.  In this context, the terms and conditions and the data processing guidelines of apply  Zoom . All participants can see the video transmission of other participants. If you do not want to show yourself or the personal environment/the environment in which you are participating in the online class, you can disable the camera function or cover the camera. The name you give when entering the online meeting room will be shown to other participants. However, you are welcome to change your name at any time (e.g. only enter your initials).

3.2 Opening hours and changes to the offer

  • The opening times of SPACE 7 are by arrangement.

  • If you intend to participate in a session, access to the respective premises is only possible until the start of the event. After that, there is no longer any entitlement to access or participation in the respective session. During an ongoing session, the premises can no longer be entered from the outside. I would like to enable you to participate in the session undisturbed.

  • I reserve the right to make necessary changes in terms of opening times, offers and my teachers or lecturers (in the context of workshops or special events). This also applies to short-term closure and maintenance work, potential company holidays and a reduced offer or cancellations during and between public holidays. I will inform you about such changes in good time via my website  www.space-7.de  , by email or in person. With regard to workshops, I reserve the right not to hold the event or to postpone it if fewer than five participants are registered five days before the start of the event or if unforeseeable events occur (e.g. illness of the lecturer or similar). . If you are affected as a customer, you will be informed of the non-implementation or postponement of the date by e-mail or in person. In this case, I will offer you to take part in an alternative date or in another workshop. In both cases, fees already paid will be offset or refunded. If you do not wish to take part in an alternative date or in an alternative workshop, I will of course refund the fees already paid.

3.3 Trial Offer

  • To get to know my sessions, I may offer you trial offers for online courses and trial offers for 1:1 sessions. Feel free to contact me here. (Only as long as no other promotions are running!)
    Both trial offers can then be booked once, for your very first session or your first online participation.

  • Both trial offers can then be booked once, either directly for your very first session or your first online participation or at a later date if you have already taken part in one or more classes with us.

  • Both trial offers are valid for one customer only, are personal and cannot be transferred to third parties. 

3.3.1 Live stream trial offer (online courses)

  • The validity period of the live stream trial offer is 2 weeks from the time of first use. During these 14 days you can visit all online sessions taking place for this offer during this period. Special workshops, events, specials and private lessons are excluded from this.

  • After the validity date (14 days) has expired, the trial offer that has already been paid for (possibly also) expires. In this case there is no entitlement to reimbursement of fees paid. 

3.3.2 Trial offer REAL LIFE, 1:1 sessions (session on site, at my place, at yours or in rented premises)

  • The validity period of the REAL LIFE trial offer is 2 weeks from the time of first use. During these 14 days you can attend this one session of your choice, according to this trial offer. Special workshops, events, specials and private lessons are excluded from this.

  • After the validity date has expired (14 days), the (possibly paid for) trial offer expires. 

3.3.3 Subscriptions, 10/5 tickets (such as Breathwork Junkies etc.) session online, on site, at my place, at yours or in rented premises)

  • The validity period of the respective subscription is 3 months from the time of first use for 10-tickets, 2 months for 5-tickets and for all other subscriptions, as noted in the respective offers.

  • Once the validity date has expired, the offer that has already been paid for or the remainder of the subscription/the corresponding card expires.

4. Prices and terms of payment

4.1 Prices

Via our website  www.space-7.de  and personally with me, our current price list is available to you, from which you can find the regular and reduced prices and fees that apply to our offer as well as additional information for booking the course offer. 

4.2 Due Date and Form of Payment

Prices and fees for booking or participation in my sessions are due immediately upon conclusion of the contract, unless otherwise agreed. With the regular online booking, the invoiced prices or fees are paid via paypal or by bank transfer to me. After prior consultation, you can also pay me in cash or with a voucher on site. In this case, the amount must be paid accordingly.

4.3 Discounts, Promotional Offers and Coupons

Discounts or special offers can only be redeemed during the specified period of validity and vouchers can only be redeemed in the original. Only one discount can be applied within a booking.

 

5. Non-Participation and Cancellation

5.1 Cancellation, Abandonment, Default, Non-Participation

Up to 48 hours before the session, workshop or event, there is no right to a refund of the price or the fee or parts thereof in the event of cancellation, termination, default or other non-participation in a booked and already paid course offer.
If you are unable to take part in an offer that has already been booked and paid for (e.g. workshops, etc.), you have the option of transferring your place to another person. This requires timely information to me by email to space-7@soulheimat.de, at least 24 hours before the start of the event.
If there is a cancellation, abandonment, default or non-participation at an earlier point in time, 50% of the price will be refunded.

5.2 Statutory Cancellation and Withdrawal Rights

The statutory rights of termination and withdrawal to which you are entitled as a customer remain unaffected.

 

6. Liability

  • Space 7, Michaela Maria Hirth, our legal representatives or vicarious agents are only liable for damages if the damage is based on intent or gross negligence or was caused by a culpable breach of a contractual obligation (cardinal obligation). According to the Federal Court of Justice, the latter means an obligation "the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely".

  • Apart from that, liability on my part for damages – for whatever legal reason – is excluded.

  • In cases in which I am liable according to the first bullet point for the breach of a contractual obligation without gross negligence or intent, liability is limited to the extent of damage that we typically had to expect at the time the contract was concluded due to the circumstances known to us at that time .

  • The above limitations and exclusions of liability do not apply to culpable injury to life, limb and health, to liability claims under the Product Liability Act and to contractually agreed no-fault obligations.

  • We advise you not to bring any property or valuables to a session, no matter in which premises it takes place, as I assume no responsibility for their guarding or other due diligence obligations. If you deposit money, property or valuables in (changing room) shelves, this does not establish any obligations on my part with regard to these items.

  • Your participation in the offer is only possible if you are in good health and at your own risk. By booking a course offer, you declare that you are aware that the sessions, no matter in which room, can be physically demanding and that you participate voluntarily, in the knowledge that the yoga practice, breathwork, Reiki and Shiatsu carry risks such as injuries, Property loss and death are not excluded.                                                                                     If you are pregnant or have health problems such as illnesses, injuries, previous operations, etc., you must obtain the consent of a doctor to carry out the respective practice (session) before participating in our courses. In addition, when you register and participate in the course, you must inform me, the teacher or lecturers of any existing health restrictions before the start of the event.                                                                                    I am liable for the proper functioning of the furnishings provided by me. However, I am not liable for damage to your health that you suffer as a result of your participation in the events I offer, nor for accidents that you are responsible for.                                                                                   

  • With regard to my website, I assume no liability for the content of external links. Responsibility for the content of the pages linked by me lies solely with the operators of these pages.

 

7. Privacy

As part of the conclusion of the contract, associated personal data will be collected, transmitted, processed and stored by me. However, this only to the extent and as long as it is necessary for the justification, execution and processing of the contract and I am obliged to store this data due to legal regulations.

 

8. Copyrights

All contents of this website (e.g. images) are subject to German copyright law. Any further use, duplication, processing and disclosure to third parties is prohibited or requires our express written approval. Should you become aware of a copyright infringement on our part, we ask that you inform us accordingly so that we can check this and, if necessary, take countermeasures.

Photo credits of the images on this website:

 

9. Severability

Should individual provisions of my general terms and conditions be or become invalid or unenforceable, the validity of the remaining terms and conditions shall remain unaffected. In this case, the invalid or unenforceable provision is to be replaced by a provision that comes as close as possible to the original provision in terms of content, economics and law. The same applies to contractual gaps.

 

10. Final Provisions

  • The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. The applicability of mandatory standards of the state in which the customer has his habitual residence at the time the contract is concluded remains unaffected by this choice of law. 

  • Hamburg is the sole place of jurisdiction for any disputes arising from the business relationship. Claiming the contractual partner at his general place of jurisdiction represents a mutual right and remains unaffected.

  • For out-of-court online dispute resolution, disputes can be referred to the  Online arbitration platform of the European Commission  be transmitted. If you made an online purchase and are resident in the European Union, you can use this platform free of charge. 

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