Terms and Conditions

Terms and conditions

MySenses-Sudio/Constanze Häring – hereinafter referred to as "MySenses".

1. SCOPE

The following terms and conditions apply to all contracts concluded between MySenses and the participant for courses and training units from MySenses.

2. CONDITIONS OF PARTICIPATION

Anyone who has registered (see registration) and who has paid the course fee can take part in MySenses events, provided there are no concerns from a medical point of view. The participant agrees to take part in the training on their own responsibility and to inform MySenses of any previous illnesses and physical limitations by filling out the registration form and before the course lesson.

The duty of notification of previous illnesses in the participating child lies with the legal guardian and we ask that you submit previous illnesses in writing and inform the teacher of this in order to ensure optimal preparation. MySenses reserves the right to have medical clearance certificates presented if necessary.

3. REGISTRATION AND CONCLUSION OF CONTRACT

The contract is concluded with booking via the MySenses online system, by phone call, on-site registration, by letter or email. Participation in the MySenses offer (courses, course packages and tuition contracts) leads to registration and online entry in the MySenses booking system. The online registration is carried out by the participant himself before attending the course for the first time or by MySenses after attending the course for the first time. The participant can then set up a password-protected entry in his profile by registering in the online course planner and register and/or cancel course attendance online from there. Attending the course is only possible if you register in advance. Course registrations are accepted by MySenses in chronological order. For online bookings, a 14-day right of withdrawal applies from the date of purchase for course hours that have not yet been attended but have been paid for in advance.

4. PAYMENT

The agreed participation fee is due when the contract is concluded, i.e. when the participant registers for the course and is collected via the MySenses online system as a direct debit or PayPal payment. The participant is in default even without a reminder, if he does not pay the fee within 30 days after the due date and receipt of the invoice or an equivalent payment request. The interest on arrears is determined according to the statutory regulations. If the participant is in default of payment and has not made any payments, MySenses may prohibit further participation in courses. Rebooking a course does not change the payment terms mentioned. No processing fee will be charged for the rebooking. The participant is only entitled to set off, even if any counterclaims are asserted, if the counterclaims have been legally established, have been recognized by MySenses or are undisputed. The customer is only authorized to exercise a right of retention if the counterclaim stems from the same contract. Returned direct debits are at the expense of the participant plus a processing fee of €10 per direct debit if he/she is responsible for the return debit.

5. BOOKING VIA THE MySenses ONLINE BOOKING SYSTEM

Participants of ticket contingents select the respective course date and book themselves via one of the communication channels. Participants in tuition contracts are entered in their respective course profile on MySenses. If the individual appointment is not canceled 24 hours in advance in the event of non-attendance, the service will be charged as "participated". The participant then has no further claim to MySenses. Lessons not attended are forfeited.

5.1. BOOKING INDIVIDUAL LESSONS

Individual course hours are booked for a specific course date. The course duration is 45 minutes, 50 minutes, 60 minutes or 90 minutes. The course attendance is paid for by bank transfer before or after the course attendance. There is a trial lesson for children's courses for €10 each. If the appointment is not canceled 24 hours in advance in the event of non-participation, the service will be charged as "participated". The participant then has no further claim to MySenses.

5.2. BOOKING OF COURSE PACKAGES AND INTRODUCTORY OFFERS

These course contingents are booked for a period of 4 months. The course package is paid for online through the MySenses booking system. If the individual appointment of a course package is not canceled 24 hours in advance in the event of non-participation, the service will be charged as "participated". A further claim of the participant for this hour does not exist. Course packages and introductory offers are not transferrable. Any remaining course contingents (in the case of packages) expire completely after the package validity has expired. The current offers, prices and conditions can be found at https://www.mysenses-studio.com/preise

5.3. BOOKING OF TUITION CONTRACTS

The participant books a lesson contract with an unlimited term. The course attendance is paid for by bank transfer before or after the course attendance. The monthly contributions are to be transferred by the 15th of the month to the account:...

5.4. TEACHING CONTRACTS

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6. CONTRACT TERM TEACHING CONTRACTS

The contract period for teaching contracts is unlimited. The contract period begins with the booking via our website, so that our terms and conditions*s are recognized in the sense of the current e-commerce regulations. Any termination by the student or by MySenses must be in writing. There is always a notice period of 3 months, the decisive factor is the timely receipt of the letter of termination (by the last day of the month at the latest). The notice period always begins on the 1st of the following month. Retrospective termination is excluded. The date of receipt of the letter of termination at MySenses is decisive. Lesson contracts are automatically extended if they are not terminated in writing by letter/email. The teaching contracts are not transferable. An early withdrawal from the teaching contract is only possible if the reasons listed under point 9 are met.

IN THE EVENT OF AN EXTRAORDINARY TERMINATION, THE MANAGEMENT ALWAYS DECIDES.

7. VALIDITY OF TICKET QUOTATIONS

All 10 tickets are valid for 4 months. Unused individual appointments expire unless canceled 24 hours in advance in writing or by telephone. At the latest, however, all open individual appointments expire after the card validity has expired.

8. MISSING INDIVIDUAL COURSE DATES WITH CARD CONTINGENTS

Unused individual course dates (contract dates, ticket dates, trial lesson) expire unless they are canceled in writing or by telephone 24 hours before the start of the course. Appointments canceled up to 24 hours before the start of the course can be made up for. The participant is responsible for reserving and canceling his/her place. The participant undertakes to appear punctually at the agreed training date. In the event of a delay, the missed time cannot be made up for.

9. CANCELLATION OF TUITION CONTRACTS AND COURSE PACKAGES, ALL VARIATIONS

After signing the contract, withdrawal is only possible if the participant is unable to attend the course for medical reasons. In the event of an accident or long-term illness, an exception to the contractual notice period can be agreed after consultation with MySenses; in this case, the notice period for the teaching contracts changes to the end of the current month. The participant agrees to inform MySenses in good time about any illnesses and physical limitations. Medical reasons for a special arrangement must be confirmed in writing by a doctor. The agreements made cannot be asserted retrospectively.

10. WITHDRAWAL OF 10 TICKETS

Tickets are generally not transferrable to other people. After signing the contract, withdrawal is only possible if the participant is unable to attend the course for medical reasons, as described in Section 10. 10-cards that are no longer valid cannot be refunded afterwards if MySenses has not been informed in advance.

11. COURSE CANCELATION AND REPOSITIONING

MySenses can withdraw from the contract if the minimum number of participants specified in the advertisement is not reached. In this case, the participation fees paid will be refunded. Further claims by participants due to non-execution of courses are excluded. In the event of a teacher's absence, MySenses will endeavor to find a quick replacement. If this is not possible, all participants will be informed as early as possible. We reserve the right to change the opening hours or the range of services to a reasonable extent for the participant.

In general, the courses take place in any weather. However, MySenses reserves the right to cancel in the event of dangerous/extreme weather conditions. We reserve the right to postpone or cancel appointments due to vacation or illness of the course instructor or due to insufficient number of participants.

12. HOLIDAY PERIODS

There are no children's courses on the following days: the public holidays, the summer holidays (6 weeks), in the Easter and autumn holidays (2 weeks) and in the winter holidays (1 week). A reduced course program may be offered.

There are no adult courses on public holidays. During the Berlin school holidays, the aim is to continue the regular course program. The exception is the summer holidays, when we have a summer schedule that represents a slightly reduced course program in scope.

The studio is closed between Christmas and New Year.

Payments for child and adult memberships also apply during holiday periods.

13. TESTS, CERTIFICATES

The contract does not include any entitlement to admission and completion of an examination. Certificates of any kind can only be given within one year from the end of the course.

14. COPYRIGHT PROTECTION

Audiovisual recordings in the events are not permitted. Any teaching material distributed may not be reproduced or circulated in any way without the permission of MySenses.

15. LIABILITY

MySenses is only liable for damage of any kind in the case of intent or gross negligence. Any further liability is excluded. This does not apply to damage based on injury to life, limb or health or on a breach of essential contractual obligations. In the event of existing previous illnesses or physical limitations, the participant undertakes to inform the course management of this in advance. In the event of a breach of this information obligation, liability is limited to intent and gross negligence if the damage is related to the previous illness or physical limitation.

16. SCOPE OF SERVICES, WRITTEN FORM, CONTRACT CHANGES TO TERMS AND CONDITIONS

The scope of the service provided by MySenses results from the event description. This contract reflects the entire agreement between MySenses and the participant. It replaces any previous verbal or written agreements. The provisions of this contract can only be modified by express written agreement between MySenses and the participant. MySenses reserves the right to change this contract, especially if difficulties in the implementation of the contract can only be eliminated through adjustment or supplementation. The consent to the contract change is deemed to have been granted if the participant does not object within four (4) weeks. MySenses will inform the participants immediately about any changes to the contract. The course instructor is not authorized to change the terms of the contract or to make any commitments.

Price increases and changes to dates are expressly reserved. In the event of a price increase, however, the member has the option of terminating the contract within the periods specified in the General Terms and Conditions. No price increases are possible within the first 3 months after conclusion of the contract.

17. HOUSE RULES

The participants are obliged to comply with the applicable house rules. Violations can lead to the participant being excluded and the contract being canceled by MySenses.

18. PRIVACY

For the purpose of effective participant support, 1st Floor Studio stores personal data internally. These are subject to data protection regulations and will not be passed on externally without the consent of the participants concerned.

19. LIABILITY

There is unlimited liability for personal injury. The same applies to other damages incurred by the customer as a result of an intentional or grossly negligent breach of duty by the organizer. Liability also exists for contract-typical damage incurred by the customer as a result of a material breach of contract if the organizer is only guilty of slight negligence.

Otherwise, the liability of the organizer for slight negligence is excluded.

An essential contractual obligation in the aforementioned sense is one the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely.

Liability for damage or loss of objects and money at the course location is excluded.

20. OBLIGATION OF SUPERVISION

Our duty of supervision applies during the course.

Please make sure that we always have your current telephone numbers (private, mobile) as well as your current postal address and email address. In order to be able to reach you quickly in an emergency, or if an appointment cannot be made from our side, in order to be able to inform you in good time.

21. PHOTO APPOINTMENTS

We announce photo appointments with professional photographers in advance and only take place with your consent. We ask you to refrain from taking photos/filming during the lessons, we offer the possibility in our showings. Your consent will be obtained in advance for any outdoor advertising of media products.

22. JEWELRY

Due to the high risk of injury, earrings, necklaces and similar pieces of jewelery are not permitted during the lessons.

23. FINAL PROVISIONS, GOVERNING LAW

The relationships between the parties are governed exclusively by the law applicable in the Federal Republic of Germany. The participant is not entitled to assign claims from the contract without the consent of MySenses. Should a provision of these contractual conditions be or become invalid or unenforceable, this provision shall be replaced by a provision that comes closest to the meaning and purpose of the provision to be replaced in a legally effective manner. The same applies to any loopholes in the regulations. In any case, this does not affect the validity of the remaining contractual conditions.

The location of MySenses in Berlin is decisive for the place of performance and the place of jurisdiction as well as for all disputes arising between the parties from the contracts concluded between them.

Berlin, August 18, 2022