I. General information
1. Linguistic note
Wherever the contractual provisions or the following General Terms and Conditions use the masculine or feminine form of language, this is done solely for linguistic simplification. All provisions apply equally and neutrally to members of all genders.
2 Basic information on the range of services/definitions of terms
GRITSpot GmbH offers consumers of legal age the use of the app of the same name (software is available free of charge for users with iOS devices in the App Store and for Android users in the Playstore) under the trademark-protected name "BEAT81". As part of the app, consumers of legal age have the opportunity to participate in live instructed health, gymnastics, fitness and general sports classes. All courses that can be booked at BEAT81 are conducted live under the personal guidance of a trainer, however, GRITSpot GmbH distinguishes between course offerings that are conducted virtually via livestream and courses that take place with the personal presence of instructing trainers in suitable outdoor areas (hereinafter referred to as "Outdoor"), or suitable indoor areas (hereinafter referred to as "Indoor").
II Scope of Application/ Definitions
The following General Terms and Conditions shall apply to all contracts between the contractual partner named in Section III. of these GTC below and consumers (hereinafter referred to as "Users"), which are concluded within the scope of a contract concluded via the BEAT81 App. A consumer in this sense is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (legal definition according to § 13 BGB). All of the service offerings described in these GTC may therefore only be used by consumers for private purposes, so that the use of the course offerings by commercially active personal coaches or fitness or health facility providers for their commercial activities is not permitted.
III Contractual Partner / Definition of Terms
In the event of the conclusion of a contract, the User's contract shall be concluded with the following company, which shall be referred to as "BEAT81" in the following GTC:
GRITSpot GmbH
Neue Schönhauser Str. 1B
10178 Berlin
Germany
Managing Director authorized to represent: Tim Dettmann
E-Mail: support@BEAT81.com
Register Court: Amtsgericht Berlin Charlottenburg
Register Number: HRB 183771 B
VAT Identification Number according to § 27a UStG: DE310514910
IV. Conditions of Use/ Contractual Offers/ Definitions
1. Registration and user account/ definitions
BEAT81 offers the conclusion of various contract offers via the app, whereby all offers can only be accepted by customers of legal age. In order to be able to use the BEAT81 contract offers, each user must register with BEAT81 with his user data and create a user account. Registrations with BEAT81 are possible via the website of BEAT81 at the internet address https://www.BEAT81.com, or via the app BEAT81, or by registering by transferring already existing user account data from other internet service providers such as Apple and Facebook. After registration, the user has the possibility to view course offers and his booked services within the app, as well as to purchase and manage course participation options and term contracts. The User can view and manage all courses and/or term contracts purchased by the User within the app in the menu item "Settings" and there in the submenu item "Memberships & Tickets", whereby BEAT81 uses the term "Membership" for all course offers selectable by the User, i.e. also for one-way ticket offers.
2. Course schedule, course descriptions, course selection and definitions of terms
After registering with BEAT81, the user has the option to book participation in numerous health, gymnastics, relaxation and sports courses, which are also referred to as "workout" within the app. For this purpose, the app offers a search and selection option in the menu item "Course schedule", with the help of which it is possible for the user to have all offered courses displayed according to date and place of execution, this by clicking on the displayed calendar dates and the also displayed list or map function. Within the selection field "Book Workout", the user can select the course offers by clicking on the button "Filter" based on the selection criteria listed there. Below the "Book Workout" selection field, the courses offered for selection are displayed with respective short descriptions. If the user clicks on the course selection fields, the user receives a more detailed description of the event type of the course, the event location and the event time, as well as the physical intensity and the associated requirements of the course, as well as an introduction to the trainer conducting the course.
3. Free course participation opportunity after initial registration.
After a user has registered with BEAT81 for the first time, he/she shall be given the opportunity to participate in a certain number of courses free of charge within one month, calculated from the registration date. The customer will be informed about the number of free courses during the registration process. If the user does not take part in any or all of the course options within the first month, the unused free course participation options expire at the end of the first month, without the user being able to make up for the free courses at a later date. The free courses can only be claimed once within the scope of the first registration at BEAT81. The number of remaining free course participation opportunities is displayed to the user in the menu "Settings" in the submenu "Membership & Tickets". If the user clicks on the "Free workout" field within this menu, the end date until which the course participation is still possible free of charge will also be displayed.
4. Choice between term contracts and individual tickets and between all courses and online courses.
BEAT81 differentiates between the booking options for term contracts and individual ticket booking options and between the option to book all course offerings, i.e. including indoor and outdoor courses, and the option to book only those course participation options that can be used exclusively online via livestream, whereby all rate descriptions containing the word "online" only offer the option to participate exclusively in online courses. The user can find all booking options in the app under the menu item "Settings" in the submenu item "Membership & Tickets". The user can access the booking option by clicking the "Add workout" button under this menu item. After clicking the corresponding button, the selection menu "Choose a membership" appears. There, the offer variants described in the following points A. to H. can be selected by clicking, whereby the prices to be paid for the respective offer and the services contained therein are already displayed in the context of the selection fields in a bullet-point manner:
A. Plan 4 Workouts 1 M / Term description and cancellation option
This offer is a term contract which runs from the beginning for an indefinite period and can be terminated at any time with one month's notice in text form. If the user chooses this contract offer, it entitles the user to book and participate in up to 4 courses per month, whereby the user can book all courses that are bookable via BEAT81 App, i.e. in particular all indoor, outdoor and online courses.
B. Plan 8 Workouts 1 M / Term description and cancellation option.
This offer is a term contract which runs from the beginning for an indefinite period of time and can be terminated at any time with one month's notice in text form. If the user chooses this contract offer, it entitles the user to book and participate in up to 8 courses per month, whereby the user can book all courses that are bookable via BEAT81 App, i.e. in particular all indoor, outdoor and online courses.
C. Plan Unlimited 1 M / Term description and cancellation option
This offer is a term contract which runs from the beginning for an indefinite period of time and can be terminated at any time with one month's notice in text form. If the User chooses this contract offer, it entitles the User during the contract term to book and participate in all courses that are bookable via BEAT81 App, i.e. in particular also to participate in all indoor, outdoor and online courses in unlimited numbers.
D. Plan Online unlimited 12 M / Term description and cancellation option
This offer is a term contract, which runs from the beginning for an initial period of 12 months. If the contract is not terminated with one month's notice before the end of the 12-month contract term, it shall be extended for an indefinite period and may then be terminated at any time with one month's notice, whereby all notices of termination must be in text form. If the user chooses this contract offer, it entitles the user to book and participate in all online courses offered on BEAT81 in unlimited quantities. Participation in outdoor and/or indoor courses is not possible within the scope of this contractual offer.
E. Plan Online unlimited 1 M / Term description and termination option
This offer is a term contract which runs from the beginning for an indefinite period and can be terminated at any time with one month's notice in text form. If the user chooses this contract offer, it entitles the user to book and participate in all online courses offered on BEAT81 in unlimited quantities. Participation in outdoor and/or indoor courses is not possible under this contract offer.
F. Plan 4 Workouts 12 M / Term description and termination option
This offer is a term contract which runs from the beginning for an initial period of 12 months. If the contract is not terminated with one month's notice before the end of the 12-month contract term, it shall be extended for an indefinite period and may then be terminated at any time with one month's notice, whereby all notices of termination must be in text form. If the User chooses this contract offer, it entitles the User to book and participate in up to 4 courses per month, whereby the User can book all courses that are bookable via BEAT81 App, i.e. in particular all indoor, outdoor and online courses.
G. Plan 8 Workouts 12 M / Term description and cancellation option.
This offer is a term contract, which runs from the beginning for an initial period of 12 months. If the contract is not terminated with one month's notice before the end of the 12-month contract term, it shall be extended for an indefinite period and may then be terminated at any time with one month's notice, whereby all notices of termination must be in text form. If the User chooses this contract offer, it entitles the User to book and participate in up to 8 courses per month, whereby the User can book all courses that are bookable via BEAT81 App, i.e. in particular all indoor, outdoor and online courses.
H. Plan Unlimited 12 M / Term description and cancellation option
This offer is a term contract that runs from the beginning for an initial period of 12 months. If the contract is not terminated with one month's notice before the end of the 12-month contract term, it shall be extended for an indefinite period and can then be terminated at any time with one month's notice, whereby all notices of termination must be in text form. If the User chooses this contract offer, it entitles the User to book and participate in all courses bookable via BEAT81 App during the contract term, i.e. in particular also to participate in all indoor, outdoor and online courses in unlimited numbers.
I. Single Ticket / Single Ticket redeemable 12 months.
If the user chooses this contractual offer, it entitles the user to book and participate in a course, whereby the user can select the course from all courses bookable via the BEAT81 App, i.e. in particular also from all indoor, outdoor and online courses. However, the selection option is only available for a period of 12 months from the booking date. If the user does not participate in any course within 12 months from the booking date, the unused course participation option expires without the user being able to catch up on the course at a later date. The user can view the end date of the last opportunity to take part in the course in the app in the "Settings" menu, in the "Membership & Tickets" submenu.
J. 5 Single Tickets / 5 Single Tickets redeemable 12 months.
If the user chooses this contract offer, it entitles the user to book and participate in up to 5 courses, whereby the user can select the courses from all courses bookable via the BEAT81 App, i.e. in particular also from all indoor, outdoor and online courses. However, the selection option is only available for a period of 12 months from the booking date. If the user does not participate in any course or not all 5 courses within 12 months from the booking date, the unused course participation options expire without the user being able to make up for the course or courses at a later date. The user can view the end date of the last opportunity to take part in the courses in the app in the "Settings" menu, in the "Membership & Tickets" submenu.
K. 10 Single Tickets / 10 Single Tickets redeemable 12 months
If the user chooses this contract offer, it entitles the user to book and participate in up to 10 courses, whereby the user can select the courses from all courses bookable via the BEAT81 App, i.e. in particular also from all indoor, outdoor and online courses. However, the selection option is only available for a period of 12 months from the booking date. If the user does not participate in any course or not in all 10 courses within 12 months from the booking date, the unused course participation options expire without the user being able to make up the course or courses at a later date. The user can view the end date of the last opportunity to take part in the courses in the app in the "Settings" menu, in the "Membership & Tickets" submenu.
5. Course booking option via partner contracts
In addition to the direct booking option of course participation offers after registration by the user, it is also possible to book course participation via various partners at BEAT81. For this possibility of use via third party providers, however, the user needs a valid contract with one of BEAT81's partners. BEAT81 currently works with the following partners, although the availability of booking options may vary from city to city:
Urban Sports Club, eGym Wellpass, Classpass, Gympass, Onefit, Myclubs.
If the user is a customer of one of these providers and the booking option exists based on local availability for the user, the user can link the booking options via the settings. For the linking, supplementary information is required in each case depending on the partner, which is requested as part of the linking option. Details on the membership offers of BEAT81's partners can be requested via the respective websites of the partner providers. The user can create a link with partner contracts under the menu item "Settings", there in the submenu item "Membership & Tickets", by clicking on the button "Link to Partner" located there and subsequently completing the linking process initiated there in full by entering the information requested.
V. Usage fees / due dates / sales tax
All amounts to be paid by the user and displayed during the booking process include the statutory sales tax of currently 19 percent. If the User has to make payments to BEAT81 on the basis of a tariff chosen by the User, the following due dates shall apply to such payments:
1. Monthly payment for term contracts.
If the user has selected a term contract (all tariff variants described in No. IV. 4. A. to H. of these GTC), the first monthly usage fee shall be due upon conclusion of the contract and all other subsequent monthly payments shall be due on the calendar days of the following months corresponding in calendar terms to the day of conclusion of the contract, unless the contract for the selected tariff is concluded on a 29th, 30th or 31st day of a month and the due month does not have a corresponding number of calendar days. In such cases, the monthly fee shall be due on the last day of the month that has fewer calendar days than the month in which the contract was concluded.
2. Delay in monthly payment for 12-month contracts
If the user culpably defaults on more than 2 monthly payments within the contractually agreed initial term of 12 months, all contractually agreed charges shall become due for payment immediately until the next possible ordinary end of the contract.
3. Single ticket payments
If the user has selected a single-ticket tariff (all tariff variants described in No. IV. 4. I.- K. of these GTC), the fee payable for this shall be due upon conclusion of the contract.
4. Rest period option for term contracts with a term of 12 months
In the case of term contracts with a term of 12 months, the user has the option to suspend the mutual service obligations for a period of up to 6 months to be determined in advance in the event of proven temporary prevention (e.g. illness, pregnancy, absence from work or studies and comparable reasons for prevention). In case of such a rest period agreement, which the User may request in text form from BEAT81 for a period of up to 6 months, all mutual performance obligations of the contracting parties under the current contractual relationship shall be suspended, so that the User shall not have to make the contractually agreed payments during the rest period, but in return may not book the courses offered by BEAT81. The ordinary and extraordinary termination rights of both contracting parties shall remain unaffected by this. Due to a rest period, the expiry of the agreed contractual term shall be suspended for the duration of the rest period, so that the next possible ordinary end of the contract shall be postponed in accordance with the rest period. A rest period must always begin on the day of the monthly bank collection and can only be used for full months. The User must notify BEAT81 of the intended rest period at least five working days prior to the beginning of the desired rest period. The right to extraordinary termination shall remain unaffected by this provision in any case.
VI. Conclusion of the offered contracts of use
1. Free usage contract for the BEAT81 app/ registration and log in
A. Registration
The BEAT81 App software is downloadable free of charge for users with iOS devices in the App Store and for Android users in the Playstore on the end device used. The use of the app is free of charge for the customer and can be used until the user deletes the app from his end device again. After a User has downloaded the App, the User must register with BEAT81 with its user data in order to use the App, whereby the User has the choice of registering directly with BEAT81 by entering the requested information, or alternatively registering with already existing user account data from Facebook, or Apple. Direct registration is possible when opening the app for the first time by clicking the "Register with Email" button. If the user chooses this registration option by clicking on it, the registration takes place by completely going through the registration process by entering all the data requested during the registration process and entering a password to be used in the future. Registration with the user data from already existing accounts with Facebook or Apple takes place by clicking the correspondingly labeled buttons "Register with Facebook" or "Register with Apple".
B. Login after registration
After the initial registration, the user can use the app by clicking the "Log In" button to log in to use the app by entering his/her email address and chosen password. If the user forgets his password, it is possible to reset the password and then assign a new password by clicking the "Forgot Password" button and then entering the email address and clicking the "Send Email" button.
C. Specifying and verifying the phone number
After registering for the first time or logging in for the first time after registration, the user must specify and verify his/her telephone number once. To do this, the user must enter his or her telephone number, including the country code, in the input field that appears for this purpose and request a one-time verification code by clicking on the "Send code" button. An SMS with the verification code will then be sent to the telephone number entered. The customer must enter the received code on the newly appearing input field and confirm it by clicking on "Verify".2 Navigation within the BEAT81 app / navigation areas "Course plan", "Dashboard", "Chat" and "Settings".
After registering and logging in to the BEAT81 app, the user will be presented with four selection buttons "Course Plan", "Dashboard", "Chat" and "Settings" at the bottom of the app, which are used for basic navigation within the app. Fee-based bookings of the tariffs offered by BEAT81 can only be accessed via the "Settings" selection menu, while individual courses can be booked in the "Course Plan" selection menu, provided that the user still has options to book courses within the framework of the tariff selected by him. Within the selection field "Dashboard", the user is shown the number of courses still available to him, as well as the activities he has already carried out. Within the "Chat" selection field, the user has the option to communicate.
A. "Settings" selection menu and plan booking option there.
Within the "Settings" selection menu, the user has the option of viewing and managing his or her user data and legal information via corresponding submenus. In addition, this selection menu contains the option to select a tariff in the menu item " Membership & Tickets" and to conclude a corresponding contract with BEAT81 with the tariffs subject to a charge, as described in section IV. 4. of these GTC. After the User has selected and booked a tariff, he/she can book the courses to which he/she is entitled via the selection menu "Course Schedule".
B. "Course plan" selection menu and course booking option there
The top section of the "Course plan" menu contains a navigation area labeled "Book workout" in which the customer can find calendar data and three selection and filter buttons. The customer can click on the displayed calendar dates to be able to book courses on the displayed calendar day. If the user selects the List selection field, all courses that can be carried out on the selected calendar day are displayed. If the customer selects the "Map" selection field, he/she will be shown a geographical map in which he/she can navigate geographically by moving the map and in which indoor and outdoor courses are displayed at the specific locations where they will take place. By clicking on the icons displayed in the map, the user gets to a description of the courses displayed in the map. If the user clicks on the "Filters" button in the upper navigation area, he/she is given the option to select the course selection option based on the following criteria, so that only courses that match the selected criteria are displayed in the middle display area of the app: Time & Duration, Locations, Workout Formats, Trainers, Language, Special Workouts, Difficulty. Clicking on the corresponding term opens the corresponding selection menu in each case, in which the user can enter their desired selection criteria by clicking on it.
3. Conclusion of contracts subject to a charge and payment methods offered
Contracts subject to a charge shall be concluded between the Consumer and BEAT81 as follows: After the user has logged in to the app, he/she accesses the submenu " Membership & Tickets" via the menu "Settings". The order process is initiated by clicking on the button " Add Workouts". After clicking on the corresponding button, the user is taken to a selection overview with the heading "Choose a membership". In the selection overview, the user can still select between the selection fields "1 month" and "12 months" the selection option regarding the desired contract term. On the selection pages "Choose your membership" the different contract offers described in section IV. 4. of these GTC are displayed in corresponding selection windows. If the selection windows are clicked, the user receives a detailed description of the tariff and the selection is indicated by a red border as the tariff selected by the user. If the tariff displayed as the selected tariff corresponds to the customer's desired tariff, the customer must click the "Continue" button located in the lower area to initiate the ordering process. After the user has clicked the button, the selected tariff is displayed to him in an overview page with the heading "Add billing address". In this overview page, the user sees the selected tariff once again and is asked to enter his contact details (first name, last name, email, country) or to confirm them if they already exist. By clicking on "Continue", the displayed contact data is accepted and the customer is taken to another selection page, on which he must select the desired payment method and enter the data required for the respective payment method. The desired payment method can be selected by clicking on the button highlighted in red, which is located immediately below the display of the selected rate. The following payment methods are available to the user: Credit card, PayPal, direct debit and Apple Pay.
After entering the payment data, the user clicks on "Continue" to reach a final order overview in which all contract details are displayed. If not all of the contract data displayed corresponds to the user's wishes, the individual contract components can still be changed at this point. In addition, the user has the option on the overview page to enter any existing coupon code. If a valid voucher code is entered, the price reduced by the voucher code is displayed directly. As the last step towards the final order, the customer must click on the button "I hereby agree to the General Terms and Conditions and the Privacy Policy" in the checkbox provided there, whereby the user has the option of displaying both documents by clicking on the colored buttons "General Terms and Conditions" and "Privacy Policy". By clicking on the button "PRICE € pay and subscribe" the purchase is completed. Immediately after the user has completed the contract in this way, the payment method selected by the user will be charged and the selected rate will be added to the user's account. The user is automatically redirected back to the overview in the "Settings" and can immediately see there that the selected tariff is active. In addition, when the user clicks on the order button, BEAT81 automatically sends the contract documents, including the contract terms and conditions and the cancellation policy, to the user in an e-mail.
4. 14-day and ordinary right of termination on the part of BEAT81
BEAT81 is entitled to terminate concluded contracts in text form within 14 days calculated from the contract conclusion date. If BEAT81 terminates contracts within this period, all mutually existing performance obligations under the contract shall end and the User shall not have to make any payments to BEAT81 and, to the extent payments have already been made, BEAT81 shall return the payments received in such cases. In all other respects, BEAT81 shall also be entitled to an ordinary right of termination in text form and with the same notice periods for all term contracts as the Users are entitled to vis-à-vis BEAT81 pursuant to Clauses IV. 4. A.-H.
VII.Terms of use for the use and booking of the courses offered.
1. Necessary course booking and cancellation options on the part of the user
If the user has the opportunity to book course participation by concluding a contract for which a fee is charged, or by granting free course participation, it is mandatory that the user register for course participation prior to the start of the course. To do this, the user must navigate within the app to the "Course Schedule" menu area by clicking on the corresponding "Course Schedule" button, where all available courses will be displayed and made available for booking as described in Section IV. 2. of these GTC. Participation in a selected course is only possible for the User if the User clicks on the "Book" button available for each course within the selectable courses displayed there. After clicking on the corresponding button, a selection window opens in which the user can specify whether he or she wishes to have health data recorded and saved during participation. After the corresponding selection window, another window opens, which is titled "Confirm Booking" and in which detailed information about the selected course is displayed. If the user clicks on the "Confirm Booking" button in this window, he/she has booked participation in the corresponding course and, if the user is only allowed a limited number of course bookings due to the selected tariff, the booking will be deducted from the user's existing booking quota. After the booking, the corresponding course is displayed to the user as booked in the course schedule menu. The user has the possibility to cancel the booking without reducing his booking contingent up to 12 hours before the course date in the form by clicking the "Cancel booking" button in the selected course window and then clicking the "Cancel workout" button in the cancellation window. If the cancellation is made less than 12 hours before the selected course date, the course will remain deducted from the available course quota. However, the user will be informed about the corresponding consequences even after clicking the cancel button.
2. Cancellation option on the part of BEAT81
BEAT81 is entitled to cancel courses with less than 4 confirmed bookings up to 3 hours before the course start. In addition, a course may be cancelled by BEAT81 due to illness of the trainer occurring at short notice, severe weather or other comparable serious reasons beyond BEAT81's control Should a course be cancelled by BEAT81, the booking will be cancelled free of charge for the user so that his booking contingent will not be reduced in such cases.
3. Access only after email confirmation
Once the user has booked a course participation as described above, BEAT81 will send him confirmation email. Only after receipt of this email, the course participation is possible.
4. Exclusively personal course participation option/identity check
The rights of the user arising from the booked rates and in particular the possibility to book and participate in courses is only possible for the user personally and these rights are not transferable. The user is therefore obliged to book courses exclusively himself and to participate in them exclusively personally and, in particular, not to transfer the rights to third parties. In order to ensure that the course offer is only used by the User personally, the User shall either provide BEAT81 with a photo of himself/herself via the app, or if the User does not provide a photo, BEAT81 shall have the right to verify the User's identity by means of a photo ID check prior to the User's access to the course.
5. Compensation for damages in case of unjustified non-participation in booked courses in the Unlimited Plans
The trainers conducting the courses receive commissions from BEAT81 per course according to the number of booked participants, which are higher the more users have booked participation. Therefore, if users book courses in the Unlimited tariffs and then do not participate without good cause, this leads to financial damages for BEAT81, because in these cases BEAT81 has to pay commissions in an amount that it would not have had to pay if the user had not participated without good cause, because the course would not have been held without the booking due to the lack of the minimum number of participants, or because a significantly lower commission would have had to be paid by BEAT81 due to the lower number of participants. For this reason, BEAT81 will charge a lump-sum compensation in the amount of 10,00 € per booked course in cases where users of the Unlimited Tariffs, as regulated in clauses IV. 4. C., D., E. and H., have not cancelled the course prior to the course participation and then do not attend the course for reasons for which the user is responsible. The lump-sum compensation is due at the end of the course which the user had booked and then did not attend and will be charged with the payment method which the user has also chosen for the contractually agreed main claims. In such cases, the User shall have the right to prove that BEAT81 actually suffered less damage or no damage at all as a result of the non-participation.
6. Cancellation fee for late cancellations (less than 12 hours before the start of the course) of booked courses in the Unlimited Tariffs.
The trainers conducting the courses receive commissions from BEAT81 per course according to the number of booked participants, which are higher the more users have booked participation. Therefore, if users book courses in the Unlimited tariffs and then do not cancel them without good cause up to 12 hours before the course is to be held, this will result in financial damage to BEAT81, as in these cases BEAT81 will have to pay commissions in an amount that it would not have had to pay if the user had not cancelled in time, because the course would not have been held if the minimum number of participants had been reached in time, or because a significantly lower commission would have had to be paid by BEAT81 due to the lower number of participants. For this reason, BEAT81 will charge a flat cancellation fee in the amount of 5.00 € per booked course, which the user cancels only after a period of 11 hours 59 minutes and 59 seconds until the beginning of the course, in cases where users of the Unlimited tariffs, as regulated in clauses IV. 4. C., D., E. and H., cancel the course. In these cases, the cancellation fee is due at the time of cancellation and will be charged using the payment method that the user has also chosen for the contractually agreed main demands. In such cases, the User shall have the right to prove that BEAT81 actually suffered a minor loss or no loss at all as a result of the late cancellation.
VIII. Personal Changes of the User during the Term of the Contract
Changes in the name, address and/or bank details of the User occurring during an ongoing contractual relationship shall be notified to BEAT81 without delay.
IX. Right of withdrawal / Withdrawal Policy
Consumers shall be entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer shall be any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Cancellation policy / Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must send us
GRITSpot GmbH
Neue Schönhauser Str. 1B
10178 Berlin
Germany
Authorized managing director: Tim Dettmann
E-Mail: widerruf@BEAT81.com
by means of a clear declaration (e.g. a letter sent by post or an e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
2. Sample withdrawal form
(If you wish to withdraw from the contract, please complete and return this form).
- Letter to GRITSpot GmbH, Neue Schönauer Straße 1B, 10178 Berlin or E Mail to widerruf@BEAT81.com:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*).
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date _______ (*) Delete where not applicable.
X. Warranty
The statutory warranty provisions shall apply.
XI. Contractual language
The contract language shall be German only.
XII. Place of jurisdiction
The place of jurisdiction for any action against BEAT81 shall be Berlin.
XIII. Applicable law
The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
XIV. Member Service / Customer Service
BEAT81 has set up a chat function for questions, complaints and objections within the app, which can be opened via the "Chat" button at the bottom of the app. BEAT81 can be reached via this chat function during the hours of Tuesdays Fridays from 9am - 5pm respectively.
XV. Dispute Resolution - EU Online Dispute Resolution Platform
The EU Commission has established an internet platform for online dispute resolution ("OS Platform") between entrepreneurs and consumers. The OS platform can be reached at https://ec.europa.eu/consumers/odr/main
XVI. Storage of the text of the contract
BEAT81 stores the text of the contract and makes it available to the user upon request.
1. Das Gewinnspiel steht in keiner Verbindung zu Instagram und wird in keiner Weise von Instagram gesponsert, unterstützt oder organisiert. Empfänger der vom Teilnehmer bereitgestellten Informationen ist nicht Instagram, sondern die BEAT81/ GRITspot GmbH, Neue Schönhauser Str. 1B, 10178 Berlin. Die zur Verfügung gestellten Daten werden ausschließlich für das Gewinnspiel verwendet.
Die Teilnahme am Gewinnspiel ist nur unter den hier aufgeführten Bedingungen möglich. Mit der Teilnahme erkennt der Teilnehmer diese Teilnahmebedingungen ausdrücklich an. Der Veranstalter behält sich das Recht vor, das Gewinnspiel jederzeit ohne Vorankündigung und ohne Angabe von Gründen abzubrechen oder zu beenden.
2. Das Gewinnspiel beginnt am 28.06.24 um 8:00 Uhr und endet am 14.07.24 um Mitternacht.
3. Zu gewinnen gibt es je 1 Ticket plus Begleitung für die Justin Timberlake Shows in Berlin, München und Köln.
4. Teilnehmen können alle Personen, die in der Vergangenheit mindestens einmal einen Sportkurs des Veranstalters BEAT81 besucht haben und über ein aktives Kundenkonto verfügen.
5. Die Anmeldung zum Gewinnspiel erfolgt durch das Posten eines selbstproduzierten Tanzvideos mit dem Hashtag #BEAT81xJT und dem Location-Hashtag #Berlin, #München oder #Köln auf dem persönlichen Instagram-Account des Teilnehmers (Story oder Post) für die Dauer des Gewinnspiels. Alternativ kann das Video auch als Instagram-Direktnachricht an einen der BEAT81-Instagram-Accounts gesendet werden.
6. Videos, die gegen die Instagram-Richtlinien, deutsches Recht, unsere Netiquette und/oder das Urheberrecht verstoßen, werden ohne Ankündigung entfernt. Der Teilnehmer ist damit von der Verlosung ausgeschlossen.
7. Die Gewinner werden nach Ende des Durchführungszeitraums unter Ausschluss der Öffentlichkeit von einer internen BEAT81-Jury ermittelt. Die Teilnahme am Gewinnspiel setzt ein Video zum Thema "#BEAT81xJT" für dieses Gewinnspiel voraus.
8. Die Gewinner werden am 16.07.24 über die Direktnachrichtenfunktion auf Instagram benachrichtigt. Die Gewinner müssen ihre Kontakt- und Adressdaten innerhalb von 1 Werktag (ab Gewinnbenachrichtigung) per "Direct Message" an die BEAT81 Instagram-Seite oder per E-Mail an beat81xJT@beat81.com melden. Wenn die Gewinner die Annahme des Preises nicht innerhalb dieser Frist bestätigen, verfällt ihr Anspruch auf den Preis ersatzlos. Ein Ersatzgewinner wird dann nach demselben Verfahren ermittelt. Eine Verpflichtung zur Annahme des Gewinns besteht nicht.
9 Soweit im Rahmen des Gewinnspiels personenbezogene Daten von Teilnehmern erhoben werden, werden diese vom Veranstalter ausschließlich zum Zweck der Durchführung des Gewinnspiels erhoben, verarbeitet und genutzt und nach Beendigung des Gewinnspiels gelöscht. Der Teilnehmer erklärt sich hiermit ausdrücklich einverstanden. Der Teilnehmer kann diese Einwilligung jederzeit per Brief, Fax oder E-Mail widerrufen. Der Teilnehmer ist für die Richtigkeit und Vollständigkeit der angegebenen Daten verantwortlich.
10. Die Videos aller Teilnehmer dürfen während des Gewinnspiels für die Instagram-Accounts und die Website von BEAT81 verwendet werden. Die personenbezogenen Daten der Teilnehmer werden vom Veranstalter unter Beachtung der datenschutzrechtlichen Bestimmungen genutzt und erhoben.
11. Die Einwilligung kann jederzeit durch Löschung des entsprechenden Eintrags widerrufen werden. In diesem Fall erklärt der Teilnehmer auch, dass er an dem Gewinnspiel nicht mehr teilnehmen wird.
12. Eine Barauszahlung ist nicht möglich. Der Rechtsweg ist ausgeschlossen.
BEAT81/GRITSpot GmbH
Neue Schönhauser Str. 1B
10178 Berlin
Berlin, Deutschland
Telefon: +493083798610