Terms of Service

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1. Conclusion of the contract
1.1 Address and contact person
salty kiss
Owner: Anja Willing, Romintenstrasse 6, 38124 Braunschweig
Telephone: 0176/30381786, email: saltykiss.info@gmail.com, website: www.saltykiss-sports.de

1.2 Scope of these terms and conditions
These general terms and conditions (GTC) apply to all contracts for individual lessons, courses or group courses between salty kiss, represented by the owner Anja Willing (hereinafter "trainer") and the contractual partner (hereinafter "participant"), unless otherwise agreed in individual cases . Participants are those persons who have concluded a contract with the trainer for an event / course / personal training or tour (hereinafter referred to as “course”) that is specified in more detail by the trainer in the application.

1.3 Subject matter of the contract
The trainer offers one-day or multi-day events in the field of personal training and water sports training. The corresponding contract regulates the details of this. These terms and conditions are part of every contract and therefore every course.
The participant is aware that the respective course has certain requirements in terms of physical condition and performance.

1.4 Inquiry and conclusion of contract
a. Online request
The request to participate in a course is made online by sending the request form to the trainer. The request is not a binding offer to the trainer to conclude a contract for a course specified in the request. The request only becomes a binding offer once the trainer has confirmed it.
b. On-site application
The application for participation in an on-site course is made by completing the application. The application is a binding offer to the trainer to conclude a contract for a course specified in the application. The offer is accepted by confirmation from the trainer.
c. Conditions to the application
The acceptance of an application can be conditional upon reaching a minimum number of participants. For SUP beginner courses, the minimum number of participants is 3 (three).
For young people under the age of 18, a contract for participation in a course can only be concluded with the consent of a legal representative.

d. Rejection of a contract

If the participant has already paid the course fee when the offer is submitted and a contract is not concluded due to rejection, the course participant is entitled to immediate reimbursement of the course fee.

2. Withdrawal from the contract, cancellation of the course due to weather conditions
2.1. Cancellation by the participant
The participant can withdraw from the contract no later than two working days (Saturday counts as working day) before the start of the course. In this case, cancellation is free of charge.
If a participant does not meet the deadline of two days before the start of the course, he is obliged to pay lump-sum damages based on the normal course of events. This usual damage corresponds to an amount equal to 50% of the course fee. If a participant cancels on the day of the course, a reimbursement of the course fee is no longer possible, therefore flat-rate damages in the amount of the course fee are due. In the case of special events (trips), the participant can withdraw from the contract no later than 3 months before the start of the event. In this case, cancellation is free of charge. If the participant does not meet the deadline of 3 months, he is obliged to pay lump-sum damages based on the normal course of events. This usual damage corresponds to an amount equal to 50% of the event fee. If a participant cancels 1 month before the start of the event, he is obliged to pay flat-rate damages in the amount of 75% of the event fee. The participant is free to prove that no damage or less damage than the overall estimated damage has occurred.

2.2. Resignation by the trainer
The trainer is entitled to withdraw from / cancel the SUP beginners course offered if the minimum number of participants is not reached up to three days before the start of the course.

2.3 Cancellation of a course due to weather conditions
The trainer is entitled to cancel the course if the weather conditions cannot guarantee that the course will be carried out safely. This is especially the case if the German Weather Service issues a severe weather warning for the location of the course or if, in the opinion of the trainer, the course cannot be carried out safely. In this case, the course fee will be refunded / credited.

2.4 Rebooking
A rebooking of a course that does not take place according to No. 2.3 of these terms and conditions is always possible with the following stipulation: The rebooking must take place within the calendar year. A transfer to a subsequent calendar year is not possible.

The rebooking of a course due to a withdrawal according to number 2.1 of these terms and conditions is only possible if the withdrawal has been received by the trainer three days before the start. Otherwise No. 2.1 applies. Paragraphs 2 and 3 of these terms and conditions.

3. Obligations
The participant undertakes to follow the trainer's instructions.
With the conclusion of the contract, the participant declares that he has sufficient swimming skills. In particular, by concluding the contract, the participant declares that he can swim in open water for at least 20 minutes and dive at least 2 meters deep.
The participant undertakes not to take part in the corresponding course under the influence of impairing medication, alcohol or drugs.
The participant undertakes to take part in the course only if he is physically healthy. If the participant has impairments, participation must be clarified in advance with a doctor and the trainer must be informed of the impairment before the start of the course.

The participant who books for several people undertakes to inform the beneficiary about these terms and conditions. He further undertakes to inform the trainer of the mentioned circumstance before the course begins, so that the trainer can instruct the third party appropriately before the course begins.

4. Due date of the course fee / default in payment
4.1 Due date
A one-time course fee is due immediately upon acceptance. When booking online, the fee must be transferred by bank transfer or PayPal. When booking on-site, the course fee must be paid in cash.

4.2 default of payment; Termination due to default
If a participant is in default of payment, the trainer is entitled to bill the participant for default costs. It is up to the participant to prove that he was not responsible for the delay in order to object to the costs of the delay.
Default costs can include default interest, fees for return debits, dunning and collection costs, as well as court and lawyer fees.

4.3 Default and termination
If the course fee is not paid as agreed, the trainer can exclude the participant from taking part in the course and terminate the contract extraordinarily. In this case, the trainer is entitled to demand additional compensation in accordance with the statutory provisions in addition to the default costs in accordance with Section 3.2 of these General Terms and Conditions.

4.4. Special reasons for termination
The participant is entitled to extraordinary termination of the contract if participation is not possible for health reasons. The course participant is required to provide evidence of this.

4.5 Right to extraordinary termination
The right of both contracting parties to extraordinary termination for an important reason remains unaffected by the above provisions.

5. Liability
5.1 Liability of the trainer
Liability is excluded unless the following applies:
There is no exclusion or limitation of liability
- negligent behavior in the event of personal injury
- grossly negligent behavior in the event of other damage
- in the event of willful action in the event of any damage
There is no exclusion of liability for negligent behavior if the infringement is a breach of essential contractual obligations (cardinal obligations) and the purpose of the contract would be jeopardized by the breach.

5.2 Liability of the participant
The participant is fully liable for damage to the equipment provided by the trainer for participation in the course, caused by him intentionally or through gross negligence.

6. Final provisions
6.1. Dispute settlement procedure
The trainer does not take part in dispute settlement proceedings before a consumer arbitration board in accordance with the Consumer Dispute Settlement Act (VSBG).

6.2 Offsetting
The participant may only offset undisputed or legally established claims against the trainer.

6.3. Ineffectiveness of individual provisions
Should individual provisions in these terms and conditions be or become ineffective or void, the remaining provisions shall remain unaffected. In this case, an ineffective provision will be replaced by a provision which is effective and which comes closest to the meaning and purpose of the ineffective provision. The same applies in the case of legal or regulatory loopholes.

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