Guidelines
General Terms and Conditions and Liability
I. General Information
Registered office of MOMAX Pilates GmbH:
Implerstraße 84, 81371 Munich, Germany
Commercial Register: HRB 305093
Register Court: Munich Local Court
Authorized Managing Director:
Monica Gomis Vicedo
VAT ID No.: DE457968169
II. Business Relationship
The following General Terms and Conditions apply exclusively to the business relationship between MOMAX Pilates GmbH and the customer in the version valid at the time the service is provided. The transfer of sessions by the customer to other customers is not permitted.
Bank details:
MOMAX Pilates GmbH
Qonto
IBAN: DE91 1001 0123 2074 1673 66
BIC: QNTODEB2XXX
III. Training and Training Agreements
One training session lasts 55 minutes. The duration of individual private sessions may differ, provided that a separate agreement has been concluded between MOMAX Pilates GmbH and the customer.
Training sessions take place on the premises of MOMAX Pilates GmbH.
Appointments are made exclusively by prior arrangement. Booked appointments may only be cancelled up to 12 hours before the start of group classes or 24 hours before personal training sessions. In the event of later cancellation or failure to attend, the full fee for the session will be charged.
All bookings can only be cancelled via the app or the website. Cancellation by email or phone is not possible.
IV. Right of Withdrawal
Consumers are entitled to the statutory right of withdrawal. Consumers may withdraw from the contract within fourteen (14) days from the conclusion of the contract without giving any reasons, provided that no course booking has taken place.
To exercise the right of withdrawal, the consumer must inform MOMAX Pilates GmbH of their decision to withdraw from the contract by means of a clear statement (by letter or email).
The right of withdrawal expires for a contract for the provision of services once the service has been fully performed. If services have been provided by MOMAX Pilates GmbH before the expiry of the statutory withdrawal period, the customer must pay reasonable and proportionate compensation for the services rendered.
V. Liability and Notices
MOMAX Pilates GmbH is generally not liable for damages suffered by members or customers. This does not apply in cases of breach of essential contractual obligations, nor in cases of liability for damages resulting from injury to life, body, or health, or for damages caused by intentional or grossly negligent breach of duty by MOMAX Pilates GmbH, its legal representatives, or agents. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
Any liability other than in the cases mentioned above is expressly excluded.
Members or customers are expressly advised not to bring valuables into the studios. MOMAX Pilates GmbH assumes no duty of care or supervision for any valuables brought in. The storage of money or valuables in lockers or changing rooms provided by MOMAX Pilates GmbH does not establish any obligation on the part of MOMAX Pilates GmbH with regard to these items.
VI. Consent to Data Collection and Processing
MOMAX Pilates GmbH collects, processes, and uses personal data from this contract solely for the purpose of contract performance, customer support, and its own marketing activities. This includes the data provided by the member or customer during registration, such as: name, address, telephone number (mobile and landline), email address, and bank details.
The processing of member and customer data collected under this contract is carried out in accordance with the GDPR and other applicable data protection laws. Data processing is based on Article 6 (1) (a) and Article 6 (1) (b) of the GDPR and is limited to the purposes stated above. No data processing beyond the contractual purpose takes place. If further data beyond the contractual purpose becomes necessary, MOMAX Pilates GmbH will obtain separate consent from the member or customer.
For further details regarding the scope and purpose of data collection and information about the rights of data subjects, reference is made to the privacy policy of MOMAX Pilates GmbH.
VII. Miscellaneous
No verbal agreements in addition to this contract have been made. Any amendment to this contract must be made in writing unless otherwise agreed. This also applies to any amendment of the written form requirement itself.
Should any provision of these terms be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that comes closest to the economic purpose of the invalid provision.
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from this contract shall be Munich, provided the customer is a business entity or does not have a general place of jurisdiction in Germany. Otherwise, the statutory provisions shall apply.