General Terms and Conditions Governing Online Bookings in the
Fitness, Academy and Spa Areas of Aspria Hannover GmbH

1. Scope
(1) These Terms and Conditions shall apply to all contracts, deliveries and other services provided by Aspria Hannover GmbH (hereinafter referred to as “Aspria”) for its customers in the version valid at the time the contract is concluded; furthermore, they shall apply exclusively to business relations within the framework of Aspria's e-shop.
(2) These Terms and Conditions apply exclusively. Conditions put forward by the Customer that conflict with or deviate from our Terms and Conditions shall not be recognised except in individual cases where Aspria has given its express consent in writing.
(3) Should the Customer purchase vouchers in Aspria’s e-shop for services rendered at Aspria's facilities (e.g. membership agreements, bodycare treatments), these Terms and Conditions shall apply solely to the purchase of the voucher. When redeeming vouchers for membership agreements, the General Terms and Conditions and the house rules of the respective Aspria Club shall apply exclusively; when redeeming vouchers for other services, the respective house rules shall apply. The General Terms and Conditions and the respective house rules can be viewed by or will be given to the Customer at their request when redeeming the voucher.

2. Conclusion of contract
(1) The display of articles in the Aspria e-shop does not constitute an offer within the meaning of sections 145 ff. BGB (German Civil Code). It is merely an invitation to submit offers.
(2) The Customer shall be deemed to have submitted a binding offer when they enter the information required at each stage of the order process and complete the final step by clicking the “Send order” button. The Customer can amend or delete the data and content entered in the online order mask at any time before it is transmitted. The Customer will receive an e-mail confirming the receipt of the order. This confirmation shall constitute Aspria's acceptance of the offer.
(4) The contractual language is German.
(5) Aspria’s products and services may only be used by persons aged 18 and over.

3. Delivery, shipping costs
(1) If the Customer chooses to pay by credit card and have the merchandise delivered by post, Aspria will deliver the merchandise ordered to the address provided without undue delay. If the merchandise ordered is paid for by credit card and the Customer chooses the option immediate printout, the merchandise shall be sent in a PDF file to the e-mail address provided by the Customer.
The Customer alone is responsible for ensuring that the e-mail address is correct and that the e-mail can be delivered.
(2) Deliveries shall only be effected within Germany.
(3) A flat shipping rate of EUR 3.00 shall be charged for each order.
(4) The flat shipping rate shall be waived if the Customer requests delivery by immediate printout and the order is paid for by credit card.
(5) If the value of the order exceeds EUR 100.00, deliveries by post within Germany shall be effected free of charge.
(6) Deliveries shall be effected within a period of 5-10 days.
(7) If the merchandise ordered is not in stock, Aspria shall endeavour to deliver it as soon as possible. If the delivery deadline cannot be adhered to due to force majeure, labour disputes, unforeseen events or other circumstances for which Aspria is not responsible, the delivery deadline shall be extended as appropriate.
(8) If the delivery deadline cannot be adhered to due to a default on delivery by Aspria's manufacturer or supplier, Aspria shall notify the Customer without undue delay that delivery cannot be effected. The Customer shall have the right to withdraw from the contract if this is the case. Aspria has the right to make the Customer an alternative offer on notifying the Customer that delivery cannot be effected.

4. Retention of title
The merchandise shall remain the property of Aspria until it has been paid for in full.

5. Due date and payment
(1) Aspria shall only accept the payment methods offered to the Customer during the order process.
(2) If the Customer defaults on payment, Aspria shall be entitled to request the payment of default interest at the statutory rate. This shall not affect Aspria's right to claim damages at a higher rate.
(3) The Customer shall only be entitled to offset payment if and insofar as the Customer's counterclaims have been legally established as final and absolute, are ready for decision, are undisputed or have been recognised by Aspria, and provided this does not affect the exercise of the Customer’s statutory cancellation right or the assertion of claims arising from this right. The Customer shall only be entitled to exercise any right of retention if the claim arises from the same contractual relationship.

Special information:

No cancellation right exists in the case of contracts relating to the provision of accommodation services for non-residential purposes or the provision of other services relating to leisure activities if the contract stipulates a specified time or period of time for the provision of these services.

 

7. Cancellation terms for the spa or for courses, events, activities and childcare offered by the Academy

Notwithstanding the statutory cancellation right specified in section 6, bookings relating to spa appointments, courses, events, activities and childcare offered by the Academy (hereinafter “Event”) can be cancelled free of charge up to 24 h before they are due to commence.

Afterwards, the payment agreed must be made regardless of whether or not you attend the Event. The Customer may furnish proof that Aspria should take cost savings into account.

Swimming lessons:

A cancellation of the course during the season is excluded.

A pro rata reimbursement due to missed appointments (e.g., due to illness) is excluded.

 

8. Warranty

The statutory regulations shall apply.

9. Liability

(1) All compensation claims vis-à-vis ourselves, our subcontractors and our vicarious agents are excluded irrespective of the grounds unless they are based on

-a violation of material contractual obligations

-wilful intent or gross negligence

-injury to life, limb or health

-product liability

(2) In the event of a violation of material contractual obligations, i.e. obligations which must be fulfilled for proper performance of the contract and on the fulfilment of which the contractual partner regularly relies and is entitled to rely on, the compensation claim shall be limited to the foreseeable damage typical of this type of contract.

 (3) Aspria shall not be held liable for damages that arise due to the Customer's non-availability. In the case of delivery by post, the Customer shall be responsible for ensuring that the post can be delivered, e.g. by providing a name plate or similar form of identification. In the case of delivery by immediate printout, the Customer shall ensure that the e-mail can be delivered. Aspria assumes no responsibility for the Customer’s individual security and system settings (e.g. spam filters, mailbox size etc.).

10. Final provisions

(1) The text of the contract shall be stored.
(2) If the purchaser is an entrepreneur, the place of fulfilment for all claims arising in connection with the contractual relationship is Berlin. If the purchaser is a registered merchant within the meaning of the German Commercial Code (HGB), a legal person under public law or a special fund under public law, Hanover shall be the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

German law shall apply; the United Nations Convention on Contracts for the International Sale of Goods is herewith excluded. For consumers, this choice of law shall only apply insofar as the protection provided by mandatory provisions in the law of the country in which the consumer is habitually resident is not withdrawn.