Legal Notice

Welcome to https://www.holmesplace.de

Please read the following terms and conditions of use, which apply to all visitors to the website https://www.holmesplace.de/ (hereinafter referred to as the "Website"). By using this website, you implicitly agree to these terms of use. The owner of the website reserves the right to change, delete or supplement the information on this website at any time without prior notice.

1. Scope

  1. The following terms and conditions apply to the use of the Holmes Place Health Clubs GmbH website (hereinafter referred to as the "website"). In order to use the Website, it is important that you as a user accept the following terms and conditions.
  2. By using our website you agree to the terms of use of our website.
  3. The object of Holmes Place Health Clubs GmbH is the following:
  4. Information about the clubs and offers of Holmes Place Germany
  5. Information about the other products and brands of Holmes Place Germany
  6. Sale of memberships
  7. Registration for newsletters, offers or services
  8. Contacting for general enquiries or applications
  9. Articles and eBooks about sports, wellness and health


2. Contact details and legal information


If you have any questions regarding our website, you can reach us at the following contact details

Holmes Place Health Clubs GmbH
Charlottenstraße 65, 10117 Berlin
E-Mail: impressum@holmesplace.de

Please use our contact form for specific club or membership enquiries.

Managing Directors: Doron J. Dickman, Carsten Kerner
AG Berlin-Charlottenburg | HRB 137833 B | USt-ID Nr.: DE 205044108

 

 

3. Availability of the website

  1. The website has an availability of 24 hours a day. However, there may be interruptions in availability due to maintenance required for the system. Interruptions in availability may occur, inter alia, due to force majeure or other causes beyond the control of Holmes Place Health Clubs GmbH, such as intent or gross negligence.
  2. Holmes Place Health Clubs GmbH points out:
  3. that it is technically impossible to provide the website free of errors of any kind and that Holmes Place Health Clubs GmbH therefore accepts no responsibility whatsoever
  4. that errors may lead to the temporary shutdown of the website
  5. that the availability of these web pages is dependent on conditions and services outside the control of Holmes Place Health Clubs GmbH, such as transmission capacities and telephone connections between the individual parties. We are not responsible for any disruptions in this area.
     

4. Electronic Communications

When you use a Holmes Place Health Clubs GmbH service or send e-mails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including via email, text messages, or by posting electronic messages or other communications on our website or as part of other Holmes Place Health Clubs GmbH services. For contractual purposes, you agree to receive electronic communications and telephone calls from us and that all consents, notices, disclosures and other communications that we send to you electronically do not need to be in writing unless mandatory legal requirements require a different form of communication.



5. Copyright and database rights

  1. All content included in or provided through any Holmes Place Health Clubs GmbH service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of Holmes Place Health Clubs GmbH or third parties supplying content or making it available on the website and is protected by German copyright and database right laws.
  2. The entire body of content included in or made available through any Holmes Place Health Clubs GmbH service is also the exclusive property of Holmes Place Health Clubs GmbH and is protected by German copyright and database right laws.
  3. You may not systematically extract and/or re-use any part of a Holmes Place Health Clubs GmbH service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of any Holmes Place Health Clubs GmbH service without our express written consent. You may also not create and/or publish your own database containing substantial parts of a Holmes Place Health Clubs GmbH service without the express written consent of https://www.holmesplace.de.

 


6. Liability

  1. We always endeavour to ensure that the services of Holmes Place Health Clubs GmbH are available without interruption and that transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to Holmes Place Health Clubs Ltd services may also occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new facilities. We will try to limit the frequency and duration of any such temporary interruptions or restrictions.
  2. Holmes Place Health Clubs GmbH shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by Holmes Place Health Clubs GmbH or a legal representative or vicarious agent of Holmes Place Health Clubs GmbH.
  3. Furthermore, Holmes Place Health Clubs GmbH is liable for the slightly negligent breach of essential obligations. Essential obligations are obligations whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, Holmes Place Health Clubs GmbH is liable only for the foreseeable, contract-typical damage. Holmes Place Health Clubs GmbH is not liable for the slightly negligent breach of obligations other than those specified in the above sentences.
  4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected
  5. Insofar as the liability of Holmes Place Health Clubs GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents



7. Links to other websites

  1. For links that are not operated by Holmes Place Health Clubs GmbH and are located on their website, we have no way of controlling the content of this website, as it is completely independent of us.
  2. For this reason, we do not accept any responsibility for the content of these websites and the consequences of their use by visitors to them. All websites accessed via links are accessed at the user's own risk. No special notice is given when users leave the website. However, we ask you to inform us immediately of any illegal or dubious content on the linked website.
  3. Other websites may have a link to the Holmes Place Health Clubs GmbH website. Such a link requires our prior consent.

 



8. Changes to terms of use


We reserve the right to make changes to Holmes Place Health Clubs GmbH services, rules, conditions including these terms of use at any time. You will be subject to the terms and conditions, contractual terms and conditions and terms of use in force at the time you use Holmes Place Health Clubs GmbH services. If any of these terms are held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.



9. No waiver


If you breach these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.

 

10. Jurisdiction and Applicable Law

  1. Any disputes arising out of or in connection with this Agreement shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The sole place of jurisdiction is Berlin.



11. Final provisions

  1. Contractual language is German.
  2. If you breach these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.
  3. We reserve the right to make changes to our website, rules and regulations, terms and conditions, including these Terms of Use, at any time. If any provision of these Terms of Use is found to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
  4. The invalidity of any provision shall not affect the validity of any other provision under the Agreement. Should this occur, the provision shall be replaced according to meaning and purpose by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.

 

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English