Terms and Conditions

General Terms and Conditions and Liability

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I. General

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Registered office of MOMAX Pilates GmbH: Implerstrasse 84, 81371 Munich. Commercial register: HRB 305093 Registry court: Munich Local Court Authorized managing director: Monica Gomis Vicedo

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II. Business Relationship

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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 of service. The transfer of sessions by the customer to other customers is prohibited.

Bank account:

MOMAX Pilates GmbH

Qonto

IBAN:  DE91100101232074167366    BIC:  QNTODEB2XXX

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III. Training and Training Agreements

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One training session lasts 55 minutes. The length of training sessions for individual private lessons may differ if a separate contract between MOMAX Pilates GmbH and the customer is concluded. Training sessions take place at the premises of MOMAX Pilates GmbH. Appointments are strictly by prior agreement. The agreed appointments can be canceled up to 12 hours before a group class or 24 hours before a personal training session. Cancellations made later or missed appointments will incur the full hourly fee. All bookings can only be canceled via the app or website. Cancellation by email or telephone is not possible.

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IV. Cancellation Policy (Widerrufsbelehrung)

1. For consumers, the statutory right of withdrawal applies. Consumers may withdraw from the contract within fourteen days of contract conclusion without giving any reason, provided that no course booking has taken place. To exercise the right of withdrawal, the consumer must inform MOMAX Pilates GmbH of the decision to withdraw from the contract by an unequivocal statement (by letter or email).

2. The right of withdrawal expires for contracts for the provision of services when the service has been fully performed. If MOMAX Pilates GmbH has provided services before the end of the statutory withdrawal period, the customer must pay a reasonable pro-rata consideration for the services rendered.

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V. Liability and Notices

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1. MOMAX Pilates GmbH is generally not liable for damages to the member or a customer. This does not apply to liability for breach of a material contractual obligation and for damages to life, body or health, and also not for damages based on intentional or grossly negligent breach of duty by MOMAX Pilates GmbH, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment makes the proper execution of the contract possible and on which the contracting partner may regularly rely. 

2. Liability other than in the cases listed in (1) above is expressly excluded. 

3. Members or customers are expressly advised not to bring valuables into the studios. MOMAX Pilates GmbH does not assume any safeguarding or care duties for valuables brought in. Storing money or valuables in cloakrooms provided by MOMAX Pilates GmbH does not create any obligation for MOMAX Pilates GmbH regarding the items brought in.

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VI. Consent to Data Collection and Processing

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1. MOMAX Pilates GmbH collects, processes and uses personal data from this contract solely for the purpose of contract execution, customer support and for its own advertising. This includes data provided by the member or customer during registration, such as name, address, telephone number (mobile and landline), email address, bank details, etc.

2. The processing of member and customer data collected under this contract is carried out in accordance with the EU General Data Protection Regulation (GDPR) and other relevant data protection laws. Data processing is based on Art. 6(1)(a) and Art. 6(1)(b) GDPR and only for the purposes stated above of contract execution, customer support and advertising. Data processing beyond the stated contract purposes does not occur. If data beyond the contract purpose is required, MOMAX Pilates GmbH will obtain separate consent from the member or customer. For details on the scope and purpose of data collection and information about data subject rights, refer to MOMAX Pilates GmbH’s privacy notices.

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VII. Miscellaneous

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1. No verbal agreements have been made in addition to this contract. Any modification of this contract requires written form, unless otherwise agreed. This also applies to waiving the written form clause itself.

2. If any of the foregoing provisions are ineffective or unenforceable, the validity of the remaining provisions shall not be affected. The legally permissible regulation that comes closest to the economic purpose of the invalid provision shall replace it.

3. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.

4. The exclusive place of jurisdiction for all disputes arising from this contract is Munich, if the customer is an entrepreneur or has no general place of jurisdiction in Germany. Otherwise, the jurisdiction is determined by the statutory provisions.