Terms and Conditions — Bachata Flow

§ 1 Provider and scope

(1) The contracting party for the courses offered on this website is Chirag Bhuvaneshwara, freelance dance instructor, trading as “Bachata Flow”, Hohenzollernstr. 19, 66117 Saarbrücken, Deutschland (the “Provider”). Contact: chirag.bachata@gmail.com.

(2) These terms apply to all course contracts between the Provider and consumers within the meaning of § 13 BGB (the “Participant”). Differing terms proposed by the Participant do not become part of the contract unless the Provider agrees to them in text form.

(3) Relationship with the dance studio. Classes take place on the premises of HBS GmbH, trading as “Tanzstudio Fortuna”, Ludwigstr. 58, 66115 Saarbrücken (the “Studio”). The Studio provides the rooms and their cleaning, insurance cover for the studio operation, the bookkeeping, the registration process, the handling of payments, and the registration and payment of GEMA music licensing fees. The Provider delivers the dance tuition itself. In doing so he offers his courses as an independent provider, in his own name and for his own account (cf. § 1 para. 3 of the Studio's own terms); the course contract is therefore concluded exclusively between the Participant and the Provider. The Studio's house rules apply in addition to the use of its premises.

(4) The Provider is a small business within the meaning of § 19 UStG. VAT is therefore neither charged nor shown separately on invoices.

§ 2 Formation of the contract

(1) The presentation of courses and prices on this website is not a binding offer but a non-binding invitation to register.

(2) Registration is made via the Studio's registration form. By submitting it, the Participant makes an offer to conclude a course contract; no contract comes into existence at that point.

(3) The contract is concluded once admission is confirmed in text form; that confirmation may be issued via the Studio. It states the course, the fee and the start date. A mere acknowledgement that the registration has arrived does not yet constitute acceptance.

(4) There is no entitlement to admission. A registration may in particular be declined where a course is full, the age requirements are not met, the evidence required for a reduced rate is missing, or the fee displayed rests on an obvious error. The Participant is informed without undue delay; any payments already made are refunded in that case.

§ 3 Minors

(1) Participants must have reached the age of 16.

(2) Participants under 18 may only be registered with the consent of a parent or legal guardian. That person becomes the contracting party and owes the fees.

§ 4 The Provider's services

(1) The Provider makes participation in the booked courses available in accordance with the current schedule. Use of the rooms, changing facilities and sanitary facilities during class times is governed by the Studio's rules.

(2) The schedule is updated on an ongoing basis. The Provider may move classes to another time, change the room, and arrange for cover, in so far as this is reasonable for the Participant. Changes are announced in good time in text form or by notice at the Studio.

(3) Holidays and public holidays. No classes take place on public holidays or during the Studio's announced closing periods. Those periods are announced at the start of the season and are already reflected in the monthly fee; they do not give rise to a reduction.

(4) Individual cancellations. Where a session is cancelled for reasons attributable to the Provider, the Provider offers a replacement session, an equivalent class, or a pro-rata credit. No claim beyond this exists.

(5) If classes cannot take place for more than two consecutive weeks for reasons not attributable to the Provider (for example an official order), the fee for that period is suspended or credited, unless an equivalent substitute (for example online tuition) is offered.

§ 5 Fees and reductions

(1) The prices published on this website at the time of registration apply. All prices are final prices; no VAT is shown, pursuant to § 19 UStG.

(2) Reduced rates for students and apprentices are granted only on application, against valid proof, and only for the future. Retrospective refunds are excluded. If the qualifying condition ceases to apply (for example on completing one's studies), the Participant gives notice without undue delay; the standard fee applies from the following month.

(3) Drop-in attendances are paid before the session concerned and do not create a continuing obligation.

§ 6 Payment

(1) Payments are handled by the Studio, which collects the fees in the name of and for the account of the Provider. The monthly fee falls due monthly in advance and is paid by SEPA direct debit or bank transfer. Where payment is collected by direct debit, the Participant grants a SEPA direct debit mandate and ensures the account is funded.

(2) Where a direct debit is returned for reasons attributable to the Participant, the Participant bears the fees charged by the bank. The Participant remains free to show that no loss, or a substantially lower loss, was incurred.

(3) If the Participant is in arrears with two consecutive monthly fees, the Provider may suspend participation until the arrears are settled; the right to terminate for good cause under § 8 para. 4 remains unaffected.

(4) The Participant notifies any change of bank details without undue delay.

§ 7 Changes to fees and to these terms

(1) The Provider may adjust the fees to offset increased costs, in particular an increase in the room and operating costs charged to him by the Studio. Any adjustment is notified to the Participant in text form at least six weeks before it is intended to take effect.

(2) If the Participant does not agree to the adjustment, he may terminate the contract with effect from the date the adjustment takes effect, by giving notice before that date. The Provider expressly draws attention to this right in the notification. If the Participant does not terminate, the contract continues at the adjusted fee. The same applies to changes to these terms; changes that materially shift the balance between performance and consideration require the Participant's express consent.

§ 8 Term and termination

(1) The contract begins on the date stated in the confirmation of admission and runs for an indefinite period.

(2) Either party may terminate the contract with effect from the end of a calendar quarter, giving one month's notice. Where the confirmation of admission states a different notice period, that period applies.

(3) Notice of termination must be given in text form (§ 126b BGB). It may be sent by email to chirag.bachata@gmail.com or by post to the address given in § 1; notice given to the Studio is equally effective. The Provider confirms receipt, and the date on which the contract ends, in text form without undue delay.

(4) The right of either party to terminate for good cause remains unaffected. For the Provider, good cause exists in particular where payment is more than two monthly fees in arrears, or in the case of serious or repeated breaches of § 9.

§ 9 Participation, house rules and health

(1) The Participant takes part on his or her own responsibility and confirms being in a fit state of health to take part in the booked courses. In case of doubt, medical advice should be obtained beforehand. The Participant informs the instructor before the course begins of any health limitations relevant to participation.

(2) Instructions given by the instructor and Studio staff must be followed. The house rules and the safety notices displayed at the Studio apply.

(3) Suitable, clean footwear that does not damage the floor must be worn in the studio rooms.

(4) The Provider may exclude from an individual session any person who substantially disrupts the class, harasses other participants, or repeatedly breaches the house rules. The right to terminate for good cause remains unaffected.

(5) No safekeeping is undertaken for items brought along. Valuables should not be left in the changing rooms.

§ 10 Photographs and recordings

(1) Photographs and video recordings are made at events and occasionally during classes. Recordings in which the Participant is recognisable are published only with his or her separate consent; in the case of minors, with the consent of the parent or legal guardian.

(2) Any consent given may be withdrawn at any time with effect for the future.

(3) Participants may make their own recordings during classes only with the consent of the instructor and of the people shown.

§ 11 Liability

(1) The Provider is liable without limitation for intent and gross negligence, and for damage arising from injury to life, body or health.

(2) In cases of ordinary negligence the Provider is liable only for breach of an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the Participant may regularly rely (a cardinal obligation), and then limited in amount to the foreseeable damage typical of this type of contract at the time it was concluded.

(3) Any further liability is excluded. Liability under the German Product Liability Act remains unaffected.

(4) Paragraphs 1 to 3 also apply to liability for the Provider's vicarious agents and legal representatives.

§ 12 Data protection

The Provider processes the Participant's personal data solely for the purpose of establishing, performing and terminating the contractual relationship, and to comply with statutory obligations. Details — in particular purposes, legal bases, recipients, retention periods and data subject rights — are set out in the privacy policy. The Studio's own privacy policy applies in addition to the registration and payment data collected through the Studio.

§ 13 Right of withdrawal

Consumers have a right of withdrawal where the contract is concluded via the registration form. Details are set out in the separate withdrawal policy, which also contains the model withdrawal form. Where a registration is signed in person at the Studio, no right of withdrawal exists.

§ 14 Dispute resolution

The Provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§ 15 Final provisions

(1) German law applies. As against consumers, this choice of law applies only in so far as it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.

(2) These terms are provided in German and in English. Only the German version is authoritative; the English version is for information purposes only.

(3) Should any provision of these terms be or become invalid, the remainder of the contract remains effective. The statutory provisions take the place of the invalid provision.