GTC

General Terms and Conditions and Conditions of Participation for all courses, workshops and retreats offered by SOCA BUSINESS CONSULTING GmbH & Co.KG

Preamble

SOCA BUSINESS CONSULTING GmbH & Co KG, Große Hamburger Straße 31, 10115 Berlin (hereinafter “SBC”) offers various courses, workshops or retreats (in-house course units, open sports courses in presence/online, workshops in presence/online or retreats) in presence and online. These General Terms and Conditions (hereinafter “GTC”) form the basis of the legal relationship between SBC and course, workshop or retreat participants (hereinafter “customer”). Customers within the meaning of these GTC are both consumers and entrepreneurs.

For reasons of better readability, the masculine form is used for personal names and personal nouns in these GTC. Corresponding terms apply to all genders in the interests of equal treatment. The abbreviated language form is for editorial reasons only and does not imply any judgement.

I. Scope of application

SBC provides its services to the customer in accordance with these GTC. By registering for a course, workshop or retreat offer, the customer accepts and recognises the validity of the GTC.

The GTC shall apply exclusively and also in the event of conflicting terms and conditions of customers, unless otherwise agreed in writing. The version of the GTC valid at the time the contract is concluded shall apply.

Consumers within the meaning of these GTC are natural persons who conclude the legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity in accordance with Section 13 of the German Civil Code (BGB). Entrepreneurs within the meaning of these GTC are natural or legal persons or partnerships with legal capacity pursuant to Section 14 of the German Civil Code (BGB) who are acting in the exercise of their commercial or independent professional activity when concluding the legal transaction. Customers within the meaning of these GTC are both consumers and entrepreneurs.

II. Scope of services

The exact scope of services can be found in the service description of the respective course, workshop or retreat offer, created on the basis of an individual enquiry, or available at https://www.socasports.com/der-fitte-Kalender/. The Eversports platform(www.eversports.com) is used for the administration and participant organisation of the services described.

In the case of in-house course units offered at https://www.socasports.com/health-fitness-packages/, the customer is responsible for the internal administration and participant organisation of the in-house course units, the provision of the necessary premises including the necessary equipment in accordance with the offer, the administration of course participant registrations and the keeping of participant lists for tracking attendance.

III. Registration and conclusion of contract

III.1 The registration conditions for the individual services in the course, workshop or retreat area of SBC can be found

1. in the in-house course area in the individual offer for the enquiring customer and
2. in the remaining area of course, workshop or retreat services in the corresponding advertisements on the homepage and in these GTC.

III.2 The customer bindingly registers

1. for an in-house course unit on individual request in accordance with the information in the individual offer by e-mail
2. to the remaining offer in the area of course, workshop or retreat services via the Eversports platform at https://www.socasports.com/der-fitte-Kalender/

and accepts the General Terms and Conditions of SBC.

III.3 The contract is concluded

1. in the case of in-house course units based on an individual enquiry by the customer by written acceptance of the resulting individual offer made by SBC to this customer
2. for the remaining course, workshop or retreat services by registration via the Eversports platform at https://www.socasports.com/der-fitte-Kalender/

are realised.

IV. Terms of payment and invoicing

IV.1 General

All prices are gross and include the respective statutory VAT. The invoice shall be issued

1. for in-house course units with or immediately after acceptance of the offer by the customer
2. for course, workshop or retreat services with or immediately after the booking confirmation by SBC via the Eversports platform.

The participation fees are due upon invoicing. The prices are based on the valid version of the respective individual offer/advertisement. If an invoice is not paid or is paid late, a late payment fee of 10.00 euros will be charged. SBC reserves the right to cancel the booked service if the invoice amount is not transferred even after a single written request.

IV.2 In-house courses

The customer will receive a written invoice (as a PDF by email) after accepting the in-house course offer. The invoice amount is payable immediately upon receipt of the invoice.

IV.3. Remaining course, workshop or retreat services

The fee for the offer via the Eversports platform is due and payable immediately upon registration.

V. Changes to course, workshop or retreat offers/cancellation of dates/cancellations

V.1 SBC reserves the right to make reasonable changes to course times and locations. Changes will be announced in good time up to 24 hours in advance

1. for in-house course units directly to the customer by phone call and e-mail
2. for the remaining course, workshop or retreat services via the Eversports platform.

V.2 At least three participants per course, workshop or retreat offer must make a binding commitment, otherwise the course, workshop or retreat offer will not take place. The customer will be informed of the cancellation of the course, workshop or retreat unit no later than

1. two hours before the start of the course for in-house course units
2. 8 hours before the start of the course for open course units
3. 2 days before the start of workshops & retreats

will be informed by e-mail. Cancellation of courses, workshops or retreats due to short-term cancellations by other participants is considered an unforeseeable event. In this case, SBC is not obliged to reimburse or make up for the cancelled service.

V.3 If participation in

1. an in-house course less than seven days before the agreed start date
2. an open course unit less than 24 hours before the agreed date
3. a workshop & retreat less than 14 days before the agreed date

the agreed service will be charged in full, regardless of the reason for the cancellation.

V.4 Cancellation free of charge is

1. for in-house course units up to seven days
2. for open course units up to 24 hours
3. for workshops and retreats up to 14 days

before the start of the course less 10% processing fee of the total costs.

VI. Claims for compensation and delays

If a service has to be cancelled by SBC at short notice due to unforeseeable events, the client may not assert any claims for compensation. On request, a new date can be agreed, provided this is possible for SBC.

If SBC is late for an agreed appointment, the missed time will be made up at the next appointment.

Delays on the part of the client cannot be made up.

VII. Cancellation policy (applies exclusively to consumers)

VII.1 Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must inform SBC (SOCA BUSINESS CONSULTING GmbH & Co. KG, e-mail: info@socasports.com by means of a clear statement (e.g. a letter or e-mail sent by post)) of your decision to cancel this contract. You can use the attached cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

The customer within the meaning of § 13 BGB waives his right of cancellation if the services of SBC have begun during the cancellation period.

VII.2 Consequences of cancellation

1. General information

If you cancel this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel 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 for the repayment.

If you have requested that the services should commence during the cancellation period, you waive your right of cancellation.

End of the cancellation policy

2. Cancellation form

If you wish to cancel the contract, please complete this form and return it to us.

To

SOCA BUSINESS CONSULTING GmbH & Co.KG

Große Hamburger Street 31

10115 Berlin

E-mail:

info@socasports.com

 

I/we hereby revoke the contract I/we have entered into for the provision of the following service:

____________________________________

____________________________________

(Name of the course unit, workshop or retreat, if applicable, order number and price)

Ordered on: ________________________ (Date)

Received on: _______________________ (Date)

(name, address of consumer)

____________________________________

____________________________________

Date ____________________________

____________________________________

Customer’s signature

VIII. Liability and health impairment

The customer undertakes to inform the organiser of the course, workshop or retreat offered by SBC of any existing health impairments, (pre-)illnesses or an existing pregnancy before the start of the course. In the case of serious illnesses, participation is only possible with the authorisation of the attending physician. The course leader of the course, workshop or retreat offered by SBC ultimately decides on the customer’s participation in the course.

By utilising a service from SBC, the customer confirms that he/she is physically healthy and fit for sport. The client shall inform SBC immediately of any changes in health and fitness for sport.

The use of all SBC course units, workshops and retreats is at the customer’s own risk. SBC excludes any liability to the customer for damages, unless there is a grossly negligent or wilful breach of duty.

If the customer utilises the course services of cooperation partners or other companies or persons arranged by SBC, they do so at their own risk. SBC does not assume any warranty for goods and services that the customer has received from them.

SBC and the co-operation partners used are covered by public liability insurance in order to meet any legal liability claims of the customer.

IX. Data protection

The collection, storage and processing of personal data is governed by the separate data protection provisions at www.socasports.com/privacy-policy/.

X. Complaints

X.1 Complaints regarding the services provided should be addressed verbally or in writing to

Mrs. Sophie Carls (Management)

SOCA BUSINESS CONSULTING GmbH & Co.KG

Große Hamburger Str. 31

10115 Berlin

Tel: 030-98555626

E-mail: info@socasports.com

X.2 In the event of a complaint, SBC shall report back within seven working days of the date of the complaint and provide information on the further procedure in the respective complaint case.

XI Final provisions

XI.1 Vouchers will not be paid out in cash.

XI.2 Courses, workshops and retreats are offered in German, unless otherwise stated.

XI.3 The law of the Federal Republic of Germany shall apply. The contractual language is German.

XI.4 In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for legal action shall be the respective registered office of SBC. Insofar as claims of SBC are not asserted in dunning proceedings, the place of jurisdiction for non-merchants shall be determined by their place of residence. If the domicile or habitual residence of the customer, even in the case of non-merchants, is unknown at the time the action is brought or if the customer has moved his domicile or habitual residence outside the scope of the law after conclusion of the contract, the place of jurisdiction shall be the respective registered office of SBC.

XI.5 Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the ineffective clauses, that clause shall apply which most closely corresponds to the economic intention in a legally permissible manner. The same applies in the event of a loophole.

Status: April 2024