Terms of Services

Scope, Definitions

1.1 These General Terms and Conditions (hereinafter “GTC”) of Yasemin Saat, trading as “Soul Dance Community” (hereinafter “Organizer”), apply to all contracts for participation in courses / seminars (hereinafter “Event”), which a consumer or entrepreneur (hereinafter “Client”) concludes with the Organizer regarding the Events presented on the website of the Organizer. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Services of the organizer

2.1 The organizer offers both online and face-to-face events. The content of the event results from the respective course description on the website of the organizer.

2.2 In the case of online events, the Organizer shall provide its services exclusively in electronic form via online video conference using appropriate technical means. For this purpose, the organizer shall provide the customer with suitable application software before the start of a video conference, whereby the organizer may also use the services of third parties for this purpose. For error-free participation in the online video conference, the customer’s system must meet certain minimum requirements, which are communicated to the customer on the organizer’s website. The customer is responsible for compliance with the system requirements. The organizer is not liable for technical problems that are due to inadequate system requirements at the customer.

2.3 In the case of face-to-face events, the organizer shall provide its services exclusively in personal contact with the customer and in premises selected by the customer for this purpose. Unless otherwise stated in the course description of the organizer, the customer has no claim to the selection of a specific location for the execution of the desired event.

2.4 The Organizer shall provide its services through qualified personnel selected by it. In doing so, the organizer may also make use of the services of third parties (subcontractors) who work on his behalf. Unless otherwise stated in the course description of the organizer, the customer has no claim to the selection of a particular person to carry out the desired event.

2.5 The organizer provides his services with the greatest care and to the best of his knowledge and belief. However, the organizer does not owe a certain success. In particular, the organizer does not guarantee that the customer will achieve a certain learning success or that the customer will reach a certain performance goal. This depends not least on the personal commitment and will of the customer, on which the organizer has no influence.

Conclusion of contract

3.1 The events described on the website of the organizer do not represent binding offers on the part of the organizer, but serve for the submission of a binding offer by the customer.

3.2 The customer can submit his offer via the online registration form provided on the website of the organizer. In doing so, the customer, after entering his data in the registration form, submits a legally binding contractual offer with regard to the selected event by clicking the button that concludes the registration process. Furthermore, the customer can also submit the offer to the organizer by telephone or e-mail.

3.3 The organizer can accept the customer’s offer within five days,

by sending the customer a written confirmation of registration or a confirmation of registration in text form (fax or e-mail), in which case the receipt of the confirmation of registration by the customer shall be decisive, or by requesting payment from the customer after the customer has submitted his contractual declaration.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the organizer does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by his declaration of intent. The same shall apply in the event that the event selected by the customer begins before expiry of the acceptance period and the organizer does not accept the customer’s offer at the latest 24 hours before the start of the event, unless otherwise agreed between the parties.

3.4 In the case of registration via the website of the organizer, the text of the contract shall be stored by the organizer after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Organizer shall not make the text of the contract accessible beyond this.

3.5 Before binding submission of the offer via the online registration form of the organizer, the customer can continuously correct his entries using the usual keyboard and mouse functions.

3.6 Only the German language is available for the conclusion of the contract.

3.7 If the customer registers further participants for an event, he undertakes to also assume responsibility for the contractual obligations of all participants registered by him, provided that he makes a corresponding declaration when registering.

Right of withdrawal for consumers

According to § 312g para. 2 no. 9 BGB (German Civil Code), a right of withdrawal for consumers does not exist for contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision.

Prices and terms of payment

5.1 Unless otherwise stated in the offer of the Organizer, the prices quoted are total prices that include the statutory value-added tax.

5.2 Costs for travel, accommodation and catering for face-to-face events are not included in the price and are to be borne by the customer, unless otherwise stated in the course description of the organizer.

5.3 Various payment options are available to the customer, which are indicated on the website of the organizer.

5.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

Eligibility to participate, transfer of contract

6.1 Only the person named in the registration confirmation is entitled to participate. A contract transfer to a third party is only possible with the consent of the organizer.

 

6.2 If a third party enters into the contract between the customer and the organizer, he and the customer are liable to the organizer as joint and several debtors for the participation price and any additional costs incurred by the entry of the third party.

Shortfall of the minimum number of participants

7.1 The organizer can determine a minimum number of participants for his courses. If a minimum number of participants is stipulated, the Organizer shall expressly point this out in the course description.

7.2 If the minimum number of participants is not reached, the organizer may withdraw from the contract by giving notice to the customer no later than seven days before the start of the course. The organizer shall send the customer his notice of withdrawal immediately after becoming aware that the number of participants has not been reached, but no later than seven days before the start of the course.

7.3 If the organizer makes use of his right of withdrawal according to the above paragraph, the customer can demand participation in another event of at least equal value, if the organizer is able to offer such an event from his offer at no extra cost to the customer. The customer must make his request to the organizer immediately after receipt of the organizer’s declaration.

7.4 If the customer does not exercise his right in accordance with the above clause, the organizer shall immediately refund to the customer any participation fee already paid.

Change or cancellation of the event

8.1 The organizer reserves the right to change the time, place, course instructor and/or content of the event, provided that the change is reasonable for the customer, taking into account the interests of the organizer. Reasonable are only insignificant changes to services that become necessary after conclusion of the contract and were not brought about by the organizer contrary to good faith. The organizer will inform the customer in good time in the event of a change in the time, place, course leader and/or content of the event.

8.2 In the event of a significant change to the service, the customer may withdraw from the contract free of charge or instead request participation in another event of at least equal value if the organizer is able to offer such an event from its range of services at no extra cost to the customer.

8.3 The customer must assert the rights in accordance with the above section immediately after informing the Organizer about the change in services.

8.4 The organizer is entitled to cancel the event at short notice for important reasons, such as force majeure or illness of the course instructor, against full reimbursement of any participation fee already paid. In the event of cancellation of the event, the organizer shall endeavor to find an alternative date.

Contractual right of withdrawal (cancellations)

Irrespective of any statutory right of cancellation that may exist, the organizer grants the customer the right to cancel his registration for an event of the organizer free of charge in accordance with the following provisions (contractual right of cancellation):

9.1 The customer can cancel his registration up to 7 days before the start of the booked event without giving reasons by submitting a declaration to the organizer in text form (e.g. e-mail). The date of receipt of the declaration by the organizer shall be decisive for compliance with the cancellation deadline. If the customer cancels his registration in due time, the organizer will fully refund any participation fee already paid within a period of two weeks from receipt of his declaration. For this purpose, the organizer may use the same means of payment that the customer used for his payment to the organizer.

9.2 Any existing statutory right of withdrawal on the part of the customer shall not be restricted by the aforementioned right of withdrawal.

Teaching material

10.1 The organizer is the owner of all rights of use which are necessary for the execution of the event. This also applies with regard to teaching materials that may be provided to the customer in connection with the event.

10.2 The customer may only use the contents of the event, including any teaching materials provided, to the extent required in accordance with the purpose of the contract as agreed by both parties. In particular, the customer shall not be entitled to record the event or parts thereof or to reproduce, distribute or make publicly available teaching materials without the separate permission of the organizer.

10.3 In the case of online events, course-accompanying teaching material (e.g. teaching documents) shall be made available to the customer exclusively in electronic form by e-mail or for download. Unless otherwise agreed, the customer shall not be entitled to receive the teaching material in physical form.

Liability

The organizer is liable to the customer for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

11.1 The organizer shall be liable for any legal reason without limitation

in case of intent or gross negligence,

in the event of intentional or negligent injury to life, limb or health,

on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,

due to mandatory liability such as under the Product Liability Act.

11.2 If the organizer negligently violates an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above section. Material contractual obligations are obligations which the contract imposes on the organizer according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely on.

11.3 In all other respects, liability on the part of the organizer is excluded.

11.4 The above liability provisions shall also apply with regard to the liability of the organizer for its vicarious agents and legal representatives.
11.5 Participation in the course and use of the selected premises and the material success in their own responsibility and at their own risk.
For the participation in Mama- Child courses and all other courses of Soul Dance Community the following applies: With the start of the course I confirm that
11.5.1 I am not pregnant with a risky pregnancy
11.5.2 there are no concerns on the part of a physician
11.5.3 there are no physical complaints or these will be communicated to the course instructor before the beginning of the course.
Participation in a Soul Dance Community class is at your own risk.

In parent-child courses the responsibility for the supervision of the child lies with the legal guardian or the accompanying person authorized by the legal guardian.

Applicable law, place of jurisdiction

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.

12.2 If the customer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the organizer’s registered office. If the customer has its registered office outside the territory of the Federal Republic of Germany, the organizer’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the organizer is in any case entitled to call upon the court at the customer’s place of business.

Alternative Dispute Resolution

13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://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.

13.2 The organizer is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.