General Terms and Conditions of DA F.U.N.K. TANZ STUDIOS e.K. Owner Mike Mayr (hereinafter referred to as „DA F.U.N.K.“)
Oskar-von-Miller-Straße 19, 86199 Augsburg (as of 01/2019)
1. Scope of application
1.1 These General Terms and Conditions (hereinafter „Terms“) apply to all courses offered by DA F.U.N.K. at all course locations.
2. Participation in the course, membership obligations
2.1 The courses take place all year round. There will be no classes during school vacations and public holidays, unless DA F.U.N.K. announces a class also in the above mentioned periods at least 1 week before the start of the class.
The course content follows from the registration.
2.2 Each course member must follow the instructions of DA F.U.N.K. or its vicarious agents while at one of the course locations, insofar as this is necessary to maintain orderly operation, safety and order or to comply with the house rules.
2.3 The course member is obligated to notify DA F.U.N.K. immediately in text form of any change in data relevant to the contract (name, address, bank details, etc.).
3. Change of course
3.1 DA F.U.N.K. is entitled to determine and limit the maximum number of course participants (course occupancy) depending on the course in general or in individual cases, if this is necessary for compelling organizational, in particular spatial reasons in the interest of the participants. A limit will be communicated by e-mail or determined in individual cases by the course instructor.
3.2 In cases of force majeure, such as in particular fire damage, floods, strikes, lawful lockouts and epidemics (including epidemics and pandemics) insofar as a risk level of at least „moderate“ is defined by the Robert Koch Institute, the contracting party affected thereby shall be released from the obligation to deliver or accept for the duration and to the extent of the impact. If, due to the aforementioned restrictions, the teaching service cannot be provided to the contractual extent, reference may be made to an online offer. The remuneration shall be reduced appropriately.
4.1 DA F.U.N.K. shall be liable in cases of intent or gross negligence on the part of DA F.U.N.K. or a representative or vicarious agent as well as in cases of culpably caused injury to life, body or health in accordance with the statutory provisions. Apart from that DA F.U.N.K. is only liable according to the product liability law, because of culpable violation of essential contractual obligations or as far as DA F.U.N.K. is guilty of fraudulent intent or has given a guarantee for the goods. is guilty of fraudulent intent or has given a guarantee for the quality of a contractual service. The claim for damages for the culpable breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless another of the cases listed in sentence 1 or sentence 2 is given at the same time.
4.2 The provisions of Paragraph 1 above shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or tort. They shall also apply to the claim for reimbursement of futile expenses.
4.3 A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
5. Conclusion of the contract
5.1 By submitting the written registration to DA F.U.N.K. DANCE STUDIOS, the customer makes a binding offer to DA F.U.N.K. to conclude a membership to the extent specified in the written registration.
5.2 DA F.U.N.K. can reject this offer in writing within 14 days from the date of registration without giving reasons.
If DA F.U.N.K. does not reject the offer within this period, the membership contract comes into effect at the time of submission of the registration with the content specified in the registration.
5.3 For young people before the age of 18, membership is only possible with the consent of a parent or guardian.
6. Duration of contract, termination
6.1 The contract period is 6/12 months. The first month of the contract begins on the date specified as the start of the contract in the membership contract. If no contract start date is specified in the contract, the first contract month shall begin with the calendar month following the conclusion of the membership contract.
6.2 Ordinary termination is only possible with a notice period of 1 month to the end of the respective contract. If the membership contract is not terminated no later than 1 month before the respective end of the contract, it shall be extended by a further 6/12 months.
6.3 The right to extraordinary termination for good cause shall remain unaffected.
6.4 A termination by the course member must be declared in text form to DA F.U.N.K TANZ STUDIOS, Oskar-von-Miller- Straße 19, 86199 Augsburg, Germany, stating the first and last name, the residential address, the date of birth, as well as the course to be terminated.
7. Suspension of membership
7.1 Course membership may be suspended at the request of the course member in the event of unforeseeable downtime or interruptions (e.g. pregnancy, illness, job-related transfers or similar). The unforeseeable downtime or interruption must be supported by appropriate documentation. For the duration of the suspension, the member shall be exempt from the payment of contributions, but the membership shall be extended accordingly free of charge.
7.2 Suspension of course membership is possible at the discretion of the course member for a period of at least one full calendar month, but for a maximum of six full calendar months.
7.3 DA F.U.N.K. must be notified of the beginning and end of the suspension of membership in text form by means of a declaration by the course member. The declaration must be made in advance, but no later than at the beginning of the period of suspension, enclosing the necessary evidence. A retroactive declaration of suspension of membership is not possible.
7.4 During the period of suspension, the courses offered by DA F.U.N.K. cannot be used. The contract period existing at the time of the commencement of the suspension shall be extended by the period during which the membership was suspended.
7.5 Cancellation during the period of dormancy is not possible. A declared termination shall take effect at the time of continuation of the contractual relationship, taking into account the period of notice to be observed.
8. Payment of the course fee/probationary hour fee
8.1 The contractually agreed fees are due in advance on the first of each calendar month, unless otherwise agreed in writing with the individual course participant. The course fee for the first pro rata calendar month after the start of the contract as well as the trial lesson fees are due on the day of the conclusion of the contract. The course fees shall be debited automatically by direct debit.
8.2 For the purpose of payment of the agreed course fees, the course participant undertakes to grant DA F.U.N.K. a corresponding direct debit authorization for a domestic bank account and to maintain this for the duration of the membership or to provide such a direct debit authorization of the account holder. DA F.U.N.K. must be notified immediately in text form of any changes to the account details. The right to revoke individual direct debits remains unaffected. The debit date shall be specified in the direct debit authorization in the individual contract.
8.3 If a direct debit is not honored or returned due to the participant’s fault, DA F.U.N.K. is entitled to charge the course member a lump sum of 5.00 EUR, unless the course member can prove that no damage was incurred or that the damage was significantly lower than this lump sum.
8.4 Should the course member be in arrears with an amount of at least two monthly fees, DA F.U.N.K. may terminate the membership contract extraordinarily. The right to claim further damages according to the legal regulations remains unaffected.
8.5 The course fee only includes the fee for participation in the course in accordance with the membership contract. Additional offers and services of DA F.U.N.K., which are not named in the membership contract, will be charged separately.
9. Right of withdrawal and model withdrawal form
A right of withdrawal for consumers does not exist or the right of withdrawal for consumers may expire prematurely for the following contracts:
Contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period of time for the provision (Section 312g (2) Sentence 1 No. 9 BGB).
Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery (Section 312g (2) Sentence 1 No. 6 BGB).
In all other respects, the following shall apply to contracts with consumers:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must notify us,
DA F.U.N.K. DANCE STUDIOS e.K.
Owner Mike Mayr
by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.
Sample cancellation form
(If you wish to cancel the contract, please fill out and return this form).
DA F.U.N.K. DANCE STUDIOS e.K.
Owner Mike Mayr
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)_____________________________________________________Ordered on (*)/received on (*)__________________Name of the consumer(s)_____________________________________________________Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
End of the revocation instruction and the model revocation form
10.1 Verbal collateral agreements have not been made. Amendments and supplements, including this provision, must be made in text form.
10.2 In the relationship with merchants, legal entities or special funds under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from the respective contractual relationship is Augsburg. DA F.U.N.K. reserves the right to take legal action at the legal place of jurisdiction of the course participant.
10.3 In the event that the course member moves his residence or habitual abode outside the area of application of the Code of Civil Procedure of the Federal Republic of Germany after conclusion of the contract, or if his residence or habitual abode is not known at the time of a lawsuit to be filed, Augsburg is agreed as the place of jurisdiction.
10.4 German substantive law shall apply.