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General Terms and Conditions

1. Conclusion of Contract

1.1 Applicability of the General Terms and Conditions
These General Terms and Conditions (GTC) apply to all contracts between flow.munich / Huong Giang Truong and its customers, unless otherwise agreed in individual cases. Customers are all persons who acquire or have acquired the right to use the course and event offerings as defined in Section 2 (Customers).

1.2 Formation of the Contract and Booking
Contracts between Huong Giang Truong / flow.munich and the Customers are concluded through offer and acceptance in accordance with Sections 145 et seq. of the German Civil Code (BGB).
Registration for or booking of fitness/Pilates classes, workshops, events, or other services and activities (Events) offered by the company constitutes a binding offer by the Customer to conclude the contract pursuant to Section 145 BGB. Registration/booking may be made via email, letter, telephone, online form, on-site form, the sports platform Eversports (https://www.eversports.de), or through the partner platforms Wellpass or ClassPass.
Acceptance by the company is given through the confirmation of registration or payment by email (possibly via Eversports) or through a signed contract.

Participation in booked Events is excluded until the full invoice amount has been paid, unless otherwise agreed. A reserved spot in a workshop becomes binding only after full payment of the applicable fee.

2. Course and Event Offer

2.1 Scope and Execution of the Course and Event Offering
Huong Giang Truong / flow.munich offers Pilates and fitness classes (individual or group, various levels), workshops, and events. The offering also includes private sessions and retreats (collectively: Course and Event Offering).
The company does not operate its own premises; all classes and events are held in rented locations.

2.2 Monthly Passes; Single Tickets

  • The company offers monthly passes, credit-based passes (5-class cards), and single tickets to book offered classes. Monthly passes are valid for 31 days from the date of first use. Credit passes (5-class cards) are valid for classes 55 minutes. Single classes may be booked individually.

  • Monthly and credit passes cannot be used to book workshops or events.

  • Monthly and credit passes are personalized, valid for one person, and generally non-transferable. Credit passes, however, may be transferred to spouses, partners, or children. In special cases (pregnancy, relocation, long-term illness or injury), transferability may be arranged upon request.

  • From the date of the first booking using a monthly or credit pass, monthly passes are valid for one (1) month, and credit passes are valid for twelve (12) months.

  • Paid monthly or annual passes expire after their validity period. Refunds are excluded.

  • Validity of monthly and credit passes may be extended in exceptional circumstances.

2.3 Voucher 

Gift vouchers are valid for three (3) years from the date of issue in accordance with German law (§ 195 BGB). They can be redeemed for all services offered at the Pilates Studio unless stated otherwise. Cash payment or refund of remaining balances is not possible.
Gift vouchers are transferable unless they are explicitly issued as personalized vouchers. Any remaining balance will remain valid until the voucher expires.
In the event of loss, theft, or damage, the voucher cannot be replaced.
For bookings and cancellations, the studio’s current booking and cancellation policies apply.

3. Prices, Payment Terms, Set-Off

3.1 Price List
Participation fees and further booking details for the Course and Event Offering can be found in the current price list available on www.flow-munich.de.

3.2 Due Date
Unless otherwise agreed, participation fees are due immediately upon conclusion of the contract.

3.3 Payment
Payment can be made via bank transfer to the account stated on the invoice, or in cash or voucher on location. For online bookings via Eversports, payment via online payment systems (e.g., PayPal, Sofortüberweisung) or credit card is available.

3.4 Discounts and Promotions
Discounts and promotional offers apply only within the stated validity period. Promotional vouchers are accepted only in original form. Combining multiple discounts or promotions for a single booking is excluded.

3.5 Set-Off
Customers may only set off claims that are legally established, acknowledged, or undisputed by the company.

4. Non-Participation, Cancellation

4.1 Withdrawal, Absence, Non-Participation
In the event of withdrawal, absence, or any other failure to attend a booked Event, the Customer is not entitled to a refund of the participation fee or any portion thereof.

4.2 Statutory Rights
Statutory cancellation or withdrawal rights available to the Customer remain unaffected.

5. Liability

5.1
The company, its legal representatives, or its agents are liable for damages only if the damage:
• is caused by gross negligence or intent; or
• results from the culpable breach of a material contractual obligation (cardinal duty), i.e. a duty whose fulfillment enables proper performance of the contract and on whose observance the Customer regularly relies.

5.2
All further liability for damages—regardless of the legal basis—is excluded.

5.3
If flow.munich is liable for the breach of a material contractual obligation under Section 5.1(b) without gross negligence or intent, liability is limited to the foreseeable damages typical at the time of contract conclusion.

5.4
The above limitations do not apply to damages resulting from injury to life, body, or health, for mandatory liability under the Product Liability Act, or where a strict liability obligation has been agreed.

5.5
Customers are advised not to bring valuables or personal belongings to the event premises. The company assumes no responsibility for the safekeeping of such items.

5.6
Participation in the Course and Event Offering should occur only in full health. In their own interest, Customers are advised to consult a physician prior to participation—especially in cases of physical limitations, prior surgeries, pregnancy complications, etc.—and to inform the instructor before the start of the Event.

6. Data Protection

The company collects, transmits, processes, and stores personal data related to the contractual relationship only as far and as long as necessary for the creation, performance, and execution of the contract and as required by law.

7. Photo and Video Recordings

By participating in courses and events, Customers expressly agree that any photos or videos created during the events may be used for communication and promotional purposes (including Instagram, etc.) in print and digital media, worldwide and without time limitation, without compensation.
If a Customer does not agree, they must inform the company before the event begins.

8. Data Protection (duplicate section)

Huong Giang Truong / flow.munich collects, transmits, processes, and stores personal data related to the respective contracts only as far and as long as necessary for the formation, performance, and execution of the contract and as legally required.

9. Final Provisions

9.1 Place of performance for all courses and events is Munich.

9.2 Exclusive place of jurisdiction for all disputes arising from the business relationship is Munich. The right of either party to take legal action at the other party’s general place of jurisdiction remains unaffected.

9.3 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

9.4 Severability Clause
If any provision of these Terms and Conditions is invalid, the remaining provisions shall remain unaffected. The parties agree to replace the invalid provision with a valid one that most closely reflects the intent of the original.

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