General Terms and Conditions
Subject Matter of the Contract
1.1
These General Terms and Conditions govern the business relationship between TENNISMEISTEREI and the customer.
1.2
The service provider is TENNISMEISTEREI:
TENNISMEISTEREI
Owner: Lucas Heiser
TENNISMEISTEREI is operated as a sole proprietorship.
1.3
The services offered include tennis training sessions, tennis workshops, and other tennis events.
1.4
All information regarding available courses, events, and prices can be found on the Eversports platform and on the TENNISMEISTEREI website.
1.5
By completing a booking, the customer agrees to these General Terms and Conditions.
Registration and Conclusion of the Contract
2.1
The booking of services is made via the Eversports platform (https://www.eversports.de) and becomes binding as soon as payment is confirmed.
2.2
TENNISMEISTEREI is entitled to cancel a booked service for reasons beyond the control of TENNISMEISTEREI, in particular due to coach unavailability (e.g., illness), weather-related restrictions, official orders, or force majeure.
In this case, the amount used or already paid for the booked service will be credited to the customer's Eversports account. No further claims shall exist.
2.3
The minimum age for participating in group training is 18 years. The age for participating in TENNISMEISTEREI NEXT GEN training must be between 11 and 17 years.
Prices and Payment Terms
3.1
Prices for all services are specified on the website and the Eversports platform. We reserve the right to change prices; however, such changes do not affect bookings that have already been confirmed.
3.2
Payment is made directly at the time of booking using the accepted payment methods: credit card, SEPA direct debit, and PayPal.
3.3
The booking is considered confirmed once the booking confirmation has been sent by email.
Cancellation, Withdrawal, and Product Validity
4.1
The customer may cancel a booking free of charge up to 24 hours before the start of the booked service, unless explicitly stated otherwise during the booking process.
In the event of a timely cancellation, the amount used or already paid for the booked service will be credited to the customer's Eversports account.
The decisive factor for compliance with the cancellation deadline is the time at which the training starts.
The original validity period of the purchased product continues to apply to the credited amount or credited session.
If a training session booked within the product validity period is cancelled by TENNISMEISTEREI and re-booking is no longer possible due to the imminent expiration of the product validity, the validity of the affected product will be extended once by seven days. The customer must send an email to info@tennismeisterei.de for this purpose.
4.2
After the cancellation deadline has expired or in the event of a no-show, there is no entitlement to a refund, credit, or rescheduling of the booked service. This also applies if the vacated spot is reallocated.
If the booking is made via a multi-session pass, starter package, or comparable product, the booked session will be considered used and deducted from the respective product accordingly. No separate notification will be sent regarding the deduction.
4.3
If a customer participates in group training via a fitness provider (e.g., Wellpass, Wellhub, Urban Sports Club) and fails to cancel in time, leaving the reserved spot vacant, TENNISMEISTEREI is entitled to charge a reasonable cancellation fee in the amount of €15.00.
The cancellation fee represents flat-rate compensation for the expenses incurred; the customer retains the right to prove that no damage was incurred or that the damage was lower.
If the cancellation fee is not settled by Wellpass customers using a multi-session pass, the available quota will automatically be reduced by one session. No separate notification will be sent regarding this deduction.
Until the cancellation fee is settled in full, TENNISMEISTEREI is entitled to exclude the customer from participating in further training sessions.
Checking in without actual physical participation in the training session is not permitted.
4.4
TENNISMEISTEREI reserves the right to cancel courses or events if the number of participants is insufficient. In this case, the amount paid will be refunded to the customer in full as a credit to their Eversports account. The original product validity remains unchanged.
4.5
If the customer is unable to attend the booked service due to illness or injury and was unable to cancel their participation in good time according to Section 4.1 of these General Terms and Conditions, there is no entitlement to a refund of the fee paid.
TENNISMEISTEREI may offer a voucher on a goodwill basis in individual cases. There is no legal entitlement to this.
4.6
Vouchers are valid for three years from the date of issue, unless stated otherwise on the voucher.
Starter packages, multi-session passes, and comparable products have the validity period indicated during the Eversports booking process.
Upon expiry, any remaining credit will lapse without replacement, provided there are no statutory provisions to the contrary.
A cash payout is excluded.
4.7
If a training session has to be terminated prematurely due to weather conditions, in particular rain, an entitlement to a refund exists if less than 30 minutes of the booked training session could be conducted at the time of cancellation.
If at least 30 minutes of the training session have already taken place, there is no entitlement to a refund.
4.8
TENNISMEISTEREI reserves the right to temporarily exclude customers from booking and participating in further training sessions in the event of repeated no-shows or overdue payments.
In the event of overdue payments, the exclusion may be maintained until the outstanding claims are settled in full.
4.9
For contracts for which consumers have a statutory right of withdrawal, the statutory provisions on the right of withdrawal apply.
In the case of contracts for services related to leisure activities for which a specific date or period is provided, there is no statutory right of withdrawal pursuant to Section 312g (2) No. 9 BGB (German Civil Code). This applies in particular to the booking of training sessions, private lessons, camps, workshops, events, and other offerings with a fixed date or period.
For the purchase of memberships, multi-session passes, credits, or other products that are not directly assigned to a specific scheduled service, the statutory provisions on the right of withdrawal apply, provided that no statutory ground for exclusion exists.
Insofar as a statutory right of withdrawal exists for a contract concluded online, it may also be exercised via the electronic withdrawal function provided in accordance with Section 356a BGB.
Scope of Services and Procedure
5.1
TENNISMEISTEREI offers tennis training, workshops, and events in Munich. The exact contents of the training sessions and events may vary and are described as examples on the website and the Eversports platform.
5.2
The customer is obliged to arrive on time for the sessions and to bring their own tennis equipment. Missing equipment or late arrival does not lead to an extension of the training session or to an entitlement to a refund of the fee already paid.
5.3
TENNISMEISTEREI reserves the right to adjust the schedule of an event for organizational reasons without this giving rise to any claim for a refund of the fee already paid.
5.4
The training and event program offered by TENNISMEISTEREI is seasonal. Available locations, training times, and training offerings may vary, in particular between the summer and winter seasons.
There is no entitlement to training sessions being conducted at a specific location unless this was explicitly agreed for the respective product or booking. TENNISMEISTEREI is entitled to temporarily or permanently withdraw from playing at individual locations and to relocate the training offer to other locations.
A change, discontinuation, or temporary unavailability of a location generally does not justify any claim for a refund, credit, or extension of a booked product or membership, provided that TENNISMEISTEREI continues to provide a training offering corresponding to the booked product at other locations.
This applies in particular to products and memberships whose duration extends across a change of season.
The currently available locations, training times, and offers can be viewed during the booking process.
5.5 Outdoor Winter Training
Training sessions designated as outdoor training generally take place outdoors even during the winter months and at low temperatures. Cold, wind, or light precipitation do not automatically lead to a cancellation of the training, provided the tennis court is playable and training can be carried out safely.
The decision on whether training will take place depends in particular on the current weather and court conditions as well as any requirements set by the facility operator. In the event of snow, ice, frost, heavy wetness, heavy rain, storm, thunderstorms, or other conditions that do not permit safe or proper execution of the training, TENNISMEISTEREI may also cancel or terminate the training at short notice.
If the training takes place as scheduled and the customer decides not to participate due to weather or temperature conditions, the general cancellation policy in Section 4.1 applies.
Participants are responsible for adapting their clothing and equipment to the respective weather and temperature conditions.
5.6
The offer available through external fitness providers (e.g., Wellpass, Wellhub, or Urban Sports Club) may be restricted in terms of training formats, locations, training times, and available spots.
Membership with a fitness provider does not entitle the member to access the full offering of TENNISMEISTEREI.
5.7
Racket rental offered by TENNISMEISTEREI applies exclusively for the duration of a booked and supervised training session and is subject to availability. For free court bookings without participation in a TENNISMEISTEREI training session, racket rental is not part of the booked service.
Liability
6.1
TENNISMEISTEREI is liable exclusively
a) for damages caused intentionally or by gross negligence by TENNISMEISTEREI or its legal representatives or vicarious agents, and
b) for damages resulting from the culpable breach of essential contractual obligations (cardinal obligations).
Cardinal obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
In cases of liability pursuant to lit. b), compensation for damages is limited to the foreseeable damage typical for the contract.
6.2
The above limitations and exclusions of liability do not apply to damages resulting from injury to life, body, or health.
6.3
The customer is responsible for ensuring that they are in adequate physical health to participate in the athletic activities offered. Before starting training, it is recommended to consult a doctor if there are any health concerns.
6.4
TENNISMEISTEREI assumes no liability for the loss of personal belongings.
Data Protection
7.1
Personal data is processed as part of booking processing and for providing the service. Details on processing can be found in the privacy policy of TENNISMEISTEREI.
7.2
Use of personal data for marketing purposes (e.g., newsletter) takes place exclusively on the basis of separate, voluntary consent by the customer pursuant to Art. 6 (1) lit. a GDPR.
This consent can be revoked at any time with future effect.
7.3
Photos and video recordings may be made during training sessions, events, or camps. Insofar as consent of the participant is required for the production, processing, or publication of such recordings, this will be obtained separately.
Granting such consent is voluntary and not a prerequisite for participating in the services of TENNISMEISTEREI. Any consent given may be revoked at any time with future effect.
Further information on the processing of personal data as well as on photo and video recordings can be found in the privacy policy of TENNISMEISTEREI.
Copyrights
8.1
All copyright and usage rights to materials created by TENNISMEISTEREI (e.g., training scripts or publications) remain with Lucas Heiser. Any form of reproduction or distribution requires prior written approval.
8.2
In the event of intentional infringements of TENNISMEISTEREI's copyrights, the provider reserves the right to assert appropriate damages.
Contract Duration and Termination
9.1
Subscriptions and 10-session passes have a term specified in the booking process, which can be viewed on the Eversports platform.
9.2 Contract Term and Renewal
Memberships and subscriptions have the minimum contract term specified in the respective booking process.
After the agreed minimum contract term expires, the contractual relationship is renewed for an indefinite period unless terminated beforehand in due time.
9.3
The customer may terminate the contract with one month's notice to the end of the agreed minimum contract term.
After the minimum contract term has expired, the contractual relationship that has been renewed for an indefinite period may be terminated at any time with one month's notice.
Termination may be effected via the functions provided for this purpose on the Eversports platform as well as via the statutory cancellation channels. The right to extraordinary termination for good cause remains unaffected.
Final Provisions
10.1
The laws of the Federal Republic of Germany shall apply to all disputes, to the exclusion of the conflict of laws.
10.2
The place of jurisdiction is Munich if the customer is a merchant or a legal entity under public law.
10.3
Should any provision of these General Terms and Conditions be invalid, the remaining provisions shall remain unaffected thereby. The invalid provision will be replaced by a valid provision that comes closest to the economic purpose.