General terms and conditions of business

for the provision of services by D!’s Dance School GmbH, Holzmarktstr. 66, 10179 Berlin, E-Mail: info@deesdanceschool.de (hereinafter referred to as “Contractor”) to its customers (hereinafter referred to as “Client”)

1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor, including these GTC.

1.2 The contractor is entitled to subcontract the necessary services in its own name and at its own expense, and these subcontractors may in turn also engage subcontractors. The contractor remains the sole contractual partner of the client. The use of subcontractors will not occur if it is apparent to the contractor that their use would conflict with the legitimate interests of the client.

1.3 Insofar as further contractual documents or other terms and conditions in text or written form have become part of the contract in addition to these General Terms and Conditions, the provisions of these further contractual documents shall take precedence over these General Terms and Conditions in case of conflict.

1.4 Any terms and conditions used by the client that deviate from these terms and conditions are not recognized by the contractor – unless expressly agreed to.

2. Subject matter of the contract and scope of services

2.1 The contractor, as an independent entrepreneur, provides the following services to the client:

D!’s Dance School GmbH operates a dance school and provides services in the field of dance, fitness and movement training.

The services offered include the provision of ongoing courses, open classes, workshops, and special events in various dance and movement styles. Participation is possible either through a paid membership (subscription) or by individual booking (e.g., drop-in classes, 10-class passes, or similar time-based passes).

Lessons are generally taught in person at the premises of D!’s Dance School GmbH. The specific details of the course offerings (in particular course content, duration, times, level, instructors, and schedule) are determined by D!’s Dance School GmbH and may be adjusted for objective reasons.

In exceptional cases, particularly in the event of official orders or force majeure, services may be provided wholly or partially in digital form (e.g., online courses).

Individual courses can be booked via an external booking portal. The sole contractual partner for memberships remains D!’s Dance School GmbH.

2.2 The specific scope of services is subject to individual agreements between the contractor and the client.

2.3 The contractor shall perform the contractual services with the utmost care and conscientiousness in accordance with the latest state of the art, the latest rules and findings.

2.4 The contractor is obligated to perform the services contractually owed. However, in carrying out its work, the contractor is not subject to any instructions regarding the manner in which the services are to be performed, the place of performance, or the time of performance. The contractor will, however, determine the scheduling of work days and the time allocation on those days in such a way as to achieve optimal efficiency in its work and in the realization of the contractual object. The contractor’s performance of services is carried out solely in consultation and coordination with the client.

3. Obligations of the client to cooperate

It is the client’s responsibility to provide all information, data, and other content necessary for the performance of the services completely and accurately. The contractor is in no way liable to the client for delays or postponements in the performance of services caused by the client’s late and necessary cooperation or input; the provisions under the heading “Liability/Indemnification” remain unaffected.

4. Remuneration

4.1 The remuneration will be agreed upon in an individual contract.

4.2 Payment is due upon completion of the services. If payment is calculated on a time-based basis, it is due upon completion of each time period (§ 614 German Civil Code). In the case of cost-based billing, the contractor is entitled, unless otherwise agreed, to invoice for services rendered monthly.

4.3 After completion of the services, the contractor will send the client an invoice by post or email (e.g., as a PDF). Payment is due within 14 days of receipt of the invoice.

5. Liability / Indemnification

5.1 The Contractor shall be liable without limitation for any legal reason in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, based on a guarantee promise, unless otherwise stipulated, or based on mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding sentence. Material contractual obligations are those obligations that the contract imposes on the Contractor according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the Customer may regularly rely. Otherwise, the Contractor’s liability is excluded. The foregoing liability provisions also apply with regard to the Contractor’s liability for its vicarious agents and legal representatives.

5.2 The Client shall indemnify the Contractor against any claims by third parties asserted against the Contractor due to the Client’s breach of these terms and conditions or applicable law.

6. Contract duration and termination

6.1 The contract duration and the notice periods for ordinary termination shall be agreed individually by the parties.

6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.

6.3 The contractor shall, at the customer’s discretion, immediately return or destroy all documents and other content provided to him upon termination of the contract. The assertion of any right of retention in this regard is excluded. Electronic data must be completely deleted. This excludes documents and data for which a longer statutory retention period applies, but only until the end of the respective retention period. The contractor shall confirm the deletion to the customer in writing upon request.

7. Confidentiality and Data Protection

7.1 The Contractor shall treat all matters that come to its attention in connection with this contract as strictly confidential. The Contractor undertakes to impose this confidentiality obligation on all employees and/or third parties who have access to the information covered by this contract. This confidentiality obligation shall remain in effect indefinitely beyond the term of this contract.

7.2 The contractor undertakes to comply with all data protection regulations – in particular the regulations of the General Data Protection Regulation and the Federal Data Protection Act – when carrying out the contract.

8. Final Provisions

8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.

8.2 Should any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

8.3 The client shall support the contractor in the performance of its contractual obligations by providing appropriate cooperation, as necessary. In particular, the client shall provide the contractor with the information and data required to fulfill the contract.

8.4 If the client is a merchant, a legal entity under public law or a special fund under public law, or if the client does not have a general place of jurisdiction in Germany, the parties agree that the registered office of the contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

8.5 The Contractor is entitled to amend these Terms and Conditions for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing customers will be notified of any such amendments by email no later than two weeks before they take effect. If the existing customer does not object within the period specified in the notification of amendment, their consent to the amendment will be deemed given. If they object, the amendments will not take effect; in this case, the Contractor is entitled to terminate the contract without notice at the time the amendment would otherwise take effect. The notification of the intended amendment to these Terms and Conditions will indicate the deadline and the consequences of objecting or failing to object.

9. Information on online dispute resolution / consumer arbitration

The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obligated to participate in consumer dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG).

Our email address can be found in the heading of these terms and conditions.