1 SCOPE & SUBJECT MATTER OF THE CONTRACT
The following Terms and Conditions (hereinafter referred to as " T&C") apply to all business relationships between the
IMA Intentional Movement Academy UG (haftungsbeschränkt)
Represented by Managing Directors S. Ceylan and N. Gerstner
IMA Intentional Movement Academy
c/o Sermin Ceylan
Boxhagener Str. 13
Internet: www. ima-studio.de
(hereinafter referred to as "IMA") and our customers (hereinafter referred to in a gender-neutral manner as "customers or participants", collectively also referred to as "the parties"). Customers are participants as well as all persons using products and services of IMA.
The T&C of IMA shall apply exclusively. Verbal agreements besides this contract do not exist. Deviating, conflicting or supplementary general terms and conditions must be made in writing. This also applies to the cancellation of the text form clause itself.
These T&C apply to all contracts for participation in trainings, workshops, coachings and courses (hereinafter referred to as "event") of IMA, which the customer books on the website of IMA, via Eversports or on site.
2 CONTRACT CONCLUSION & FEES
Registration for our events is done online via our booking system on our website www.ima-studio.de/kursplan, or the Eversports App, or in case of registration via email, after confirmation by a member of the IMA staff and after payment of the participation fees. By registering, the participant confirms that he/she has taken note of and accepts the Terms and Conditions of IMA Intentional Movement Academy.
The participant has to make sure that the e-mail address he/she has given for the booking process is correct, so that e-mails sent by the organizer can be received under this address. In particular, when using SPAM filters, the participant must ensure that all e-mails sent by the organizer or by third parties commissioned by the organizer to handle the booking can be delivered.
If the participant expressly declares to the organizer that he/she wishes to register additional participants for an event, the participant undertakes to be liable to the organizer for all claims arising in this connection.
The fees at the time of registration apply. All fees include the value added tax valid at the time of registration. By booking via Eversports on the IMA website, or the Eversports app, the participant makes a legally binding booking in relation to the selected event.
Courses are held throughout the year, with the exception of the period between Christmas and New Year. During the Berlin summer vacations, the IMA offers a reduced range of courses. Workshops and special events are offered at regular intervals. Unless otherwise agreed, the course fees quoted include the provision of the training equipment required for the events.
4 PARTICIPATION PREREQUISITES
Our events may be attended by anyone 16 years of age or older, unless otherwise specified. For participants under 18 years of age, the written permission of a parent or guardian must be presented before the start of the class. Only the person named in the registration confirmation is entitled to participate in the booked event. A transfer of the contract to a third party is not possible without written confirmation from IMA. In case of unannounced late arrival of more than 10 minutes after the start of the class, the participation in the class can be prohibited by trainers and IMA staff for safety reasons and the credit will be forfeited. Instructions given by IMA trainers and staff must be followed.
5 HEALTH & LIABILITY
The participant confirms with his registration that there are no objections to training at IMA Berlin due to health reasons. The participant must inform IMA of any physical limitations prior to the start of the class. In case of injuries or previous illnesses, the participant is obliged to consult a doctor beforehand and to present a clearance certificate.
6 TERMS OF PAYMENT
The participant has the option to pay for block cards and drop-in classes in advance by bank transfer, credit card, direct debit or with PayPal. In exceptional cases, cash payment is possible on site with an IMA Berlin employee. In case of payment by direct debit, the costs of a chargeback, for example due to incorrectly transmitted data of the bank account, or due to lack of account coverage, will be charged in the amount of the bank fees. IMA is entitled to transfer the services owed to third parties.
7 WITHDRAWAL, CANCELLATION AND REBOOKING
a) From regular classes: Cancellation or rebooking must be made independently via the booking system up to 24 hours before the start of the class. The refund will be made exclusively as credits to the customer account of IMA Berlin. In case of later cancellations or no-shows, the full course fee will be due without exception, or the credit will be forfeited.
b) Cancellation of Memberships is only possible online and independently via the customer account at Eversports.
c) Private lessons, workshops and specials: Cancellation is free of charge up to 14 days before the event date. Up to 7 days before the event date, a cancellation fee of 30% of the paid fee will be charged. Cancellation less than 7 days and more than 24 hours before the event date will incur a cancellation fee of 60% of the paid fee. Cancellation less than one day prior to the event date will incur a cancellation fee equal to 100% of the fee paid. Cancellations of any other kind or no-shows will be charged the full course fee. The attendee has the option to name a substitute attendee for the booked date. Such a rebooking is free of charge.
d) From Teacher Trainings: Cancellation is free of charge up to 30 days before the event date. Up to 14 days before the event date, a cancellation fee of 30% of the paid fee will be charged. Cancellations less than 14 days and more than 7 days prior to the event date will incur a cancellation fee of 60% of the fee paid. Cancellation less than 7 days prior to the event date will incur a cancellation fee equal to 100% of the fee paid. Cancellations of any other kind or no-shows will be charged the full course fee. The participant has the option to name a qualified substitute participant for the booked date. Such a rebooking will be charged with 10 € handling fee.
e) The return of block tickets is not possible. According to § 312g para. 2 no. 9 BGB (German Civil Code), a right of withdrawal does not exist for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.
f) In the event of medically certified absences due to illness lasting longer than 3 weeks or pregnancy, block cards and contract periods can be extended free of charge. Only partial participation in the course does not entitle the participant to a reduction in payment, provided that IMA is not responsible for this.
IMA reserves the right to reschedule or cancel events for good cause (e.g., insufficient number of participants or instructor cancellation). In the event of cancellation for the above reasons, IMA will, at the participant's option, offer an alternate date or refund the course fee, or credit, if already paid. Deviating reasonable course times of up to one hour on the same day and/or the use of another trainer of equal value do not entitle the participant to a reduction in payment and/or cancellation. If the participant has a longer journey, it is advisable to inquire with us before booking whether the event will take place. Verbal side agreements and promises have no validity.
9 INFORMATION POLICY FOR ONLINE TRADERS
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. We are not obligated or willing to participate in a dispute resolution procedure before a consumer arbitration board/universal arbitration board.
10 FINAL PROVISIONS
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. If the participant has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is the organizer's place of business in Berlin. Should individual provisions of these T&C be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.