GENERAL TERMS AND CONDITIONS

PREAMBLE

The operators of Holmes Place Clubs and other brands are the following companies (hereinafter only "Holmes Place"):

Holmes Place Health Clubs GmbH,  Charlottenstraße 65, 10117 Berlin, HRB 137833 B

·         Club Berlin Ostkreuz

·         Club Berlin Gendarmenmarkt

·         Club Hamburger Mile

·         Club Berlin Schlossstraße

·         Club Berlin New World

·         Club Dusseldorf Am Seestern

·         Club Berlin Potsdamer Platz

·         Club Hamburg Bahrenfeld

·         Club Essen Rüttenscheid

·         Storm

·         Shift

·         Holmes Place Boutique

Holmes Place Lübeck GmbH,  Charlottenstraße 65, 10117 Berlin, HRB 174386 B

·         Club Lübeck Linden Arcaden

Holmes Place  Stadthaus Cologne GmbH, Charlottenstraße 65, 10117  Berlin, HRB 87019

·         Club Cologne Am Gürzenich

Holmes Place Königsallee  59 GmbH, Charlottenstraße 65, 10117 Berlin,  HRB 139535 B

·         Club Düsseldorf Königsallee

Holmes Place  Düsseldorf GmbH, Charlottenstraße 65, 10117 Berlin,  HRB 174370 B

·         Club Düsseldorf Provinzialplatz

HP Sports Clubs  GmbH, Charlottenstraße 65, 10117 Berlin, HRB 180306 B

·         Club Berlin Bismarckstraße

 

The membership contracts, training contracts, service contracts as well as other additional services of Holmes Place are concluded only on the basis of these General Terms and Conditions.

1. MEMBERSHIP/ASSIGNMENT OF CONTRACT BY HOLMES PLACE

Persons under the age of 16 are not accepted as members. Holmes Place concludes contracts on the membership of minors only with their legal representatives. In principle, Club membership cannot be transferred, with the exception of corporate membership in accordance with the following provisions. Assignment of rights or other disposition of the member's rights under the contract is excluded. The Club member may not lend the membership card or allow third parties to use it.

2. MEMBERSHIPS

a)      Members with a regular membership may use the club without restriction during opening hours. Memberships apply exclusively to the club designated in the contract, unless the contract specifically states that the member is permitted to use other clubs. All other memberships may be subject to restrictions confirmed by the member at the time of signing the contract. In the case of discounted memberships, the member must provide appropriate documentation to prove his or her status leading to eligibility for a discounted membership fee prior to signing thecontract. The member is obliged to inform Holmes Place immediately of any termination of his/her corresponding status. Any damage caused by a late notification for which the member is responsible is to be compensated by the member. In the event that the conditions of the discounted membership cease to apply, the membership may be continued under the conditions of a regular membership.

b)      Holmes Place offers other additional services in addition to Club memberships, for which a separate agreement can be signed.

c)      Freeze periods: Members have the option to apply for monthly freeze periods. This is subject to a balanced dues account. Holmes Place ultimately decides on granting such freeze periods. Reasons for freeze periods are physical limitations that make it temporarily impossible to use the service or absence from work. Requests for freeze periods must be supported by a medical certificate or proof of employment. In any case, the current term of the service agreement will be extended in accordance with the freeze period granted. Membership fees already paid will automatically be offset against the fees after the rest period.

3. MEMBERSHIP FEES

a)      Membership fees are charged for the usual services of a fitness contract, in particular the use of the equipment, the standard offering of group exercise classes, the wet area - regardless of the actual use by the member. The membership fee does not include additional services offered by the Club (e.g. catering, beverages, diagnostics, lockers, spa, parking, towels, personal training, specially designated course and training formats and other services). If the customer concludes a contract for the additional services offered, this contract does not become part of the main contract.

b)      The initial payment shown in the membership contract is due upon signing of the membership contract; membership fees are payable monthly in advance by the first working day of a month and are collected exclusively by SEPA direct debit authorization procedure from a current account or by direct debit authorization from the credit card account. Holmes Place is entitled to have the payment processing carried out by a third party or to assign it to a third party. The member is obligated to maintain the direct debit authorization until the full fulfillment of their payment obligations and to ensure sufficient coverage on the account. Each direct debit not honored for reasons for which the member is responsible, the member is obligated to pay compensation in the current maximum amount of 8.00 €.

c)      The amounts stated in the membership contract include the currently applicable value added tax. In the event of an increase or reduction in the statutory value added tax, the stated contributions shall change accordingly.

d)      If the member is in arrears with amembership fee, Holmes Place is entitled to block the membership card and deny access to the Club until the arrears are paid.

e)      In case of loss or damage of the membership card by the member, the member will be charged for the replacement of the membership card.

f)       The membership cards are personal and may not be transferred or exchanged with other persons, this will result in termination by Holmes Place.

4. PERSONAL TRAINING

For the additional service "Personal Training" a contract is concluded between the client and Holmes Place. The respective Holmes Place Club in which the contract is drawn up commissions (freelance) trainers to deliver the service. This service is club-bound and not transferable to other clubs.

a)      The client can choose between "Personal Training" PRO or ELITE. PRO means that a personal trainerof the PRO category provides the service and the rates of the PRO price list apply. ELITE means that a personal trainer of the ELITE category provides the service and the rates of the ELITE price list apply.

b)      There are personal training products in the form of a package (pack) and a subscription (called VIP). In order to ensure training optimization, or performance optimization and maintenance of the customer, a package is based on a validity period in weeks, which corresponds to the number of training sessions (e.g. 12-Pack = 12 weeks). In the case of VIP (= subscription), it is a matter of permanent goal achievementand training support, or performance optimization and maintenance, consequently the contract is concluded for an indefinite period of time. The VIP contract can be terminated with one month's notice to the end of a calendar month, and the termination must be submitted in writing. Unless otherwise stated in the supplementary contract, the minimum term for VIP is 3 months.

c)      The availability of certain trainers cannot always be guaranteed. The choice of trainer is made by making an appointment with a trainer of the chosen category (PRO or ELITE).

d)      Training appointments can be cancelled by the customer or the trainer up to 24 hours before the agreed appointment and made up for later. If the customer cancels less than 24 hours before the agreed date, the training session is forfeited without replacement.

e)      Vacation periods (= absence of up to 4 weeks) must be coordinated with Holmes Place and the trainer. Training units not used due to vacation periods or other reasons must be used within the validity or contract period, ideally even before or directly after the vacation period or in the following month. Special feature "vacation time": Another reason does not exist if the customer is permanently unable to attend the training sessions due to illness or similar reasons beyond the customer's control. The customer is obliged to provide appropriate proof. In this case,the service can be obtained at a later date or transferred to another person without additional costs.

f)       For VIP there is a possibility of a so-called "break" (freeze) for a complete month: this break must be requested in writing with a notice period of one month prior to the selected calendar month, and a maximum of 3 calendar months can be paused. The PT contract cannot be terminated from a break.

5. VALUE ASSURANCE

The stable value of the membership fee is agreed. The consumer price index 2010=100 (base year 2010) published by the Federal Statistical Office serves as a measure for calculating the stability of value. Holmes Place will review the membership fees annually and adjust them in accordance with the change in the index figure published for the previous calendar year, but no earlier than 12 months after the conclusion of the contract. Holmes Place will announce any increases or decreases in accordance with equitable principles in good time in advance in text form, stating transparent reasons, following publication of the "overall consumer price index" for the previous year. The right to value adjustment can be demanded by both contracting parties. Failure to exercise the right to value adjustment shall not constitute a waiver of subsequent value adjustments. In the event of a not insignificant price increase that exceeds the consumer price index, the member shall have an extraordinary right of termination.

6. TERMINATION BY HOLMES PLACE

a)      Holmes Place may terminate the contract with a notice period of 1 month to the end of the respective contract period.

b)      The statutory provisions shall apply to extraordinary termination without notice. An important reason for an extraordinary termination is given in particular if

a.       the member culpably defaults on payment of at least two monthly fees or an amount equivalent to two monthly fees despite a reminder, the entire instalments until the expiration of therespective contract term shall become due for payment immediately and in total.

b.      the member repeatedly and/or seriously violates the club rules or the house rules (https://www.holmesplace.de/club-regeln or https://en.holmesplace.de/club-rules) despite a warning;

c.       a reduced membership fee was obtained through deliberately false information.

c)      If the member is responsible for the extraordinary termination, Holmes Place is entitled to claim damages for non-fulfillment of the contract. The member may then be excluded from memberships of all Holmes Place Health Clubs.

d)      All notices of termination must be in text form, which also includes electronic communication.

7. TERMINATION BY THE MEMBER

a)      Contract renewal and ordinary notice periods

a.       Contracts with a minimum term of 12 or 24 months: The membership contract can be terminated by the member at the earliest at the end of the minimum term from the beginning of the membership, observing the notice period of one month to the end of the month. After expiration of the minimum term, the membership is converted into an unlimited membership contract that can be terminated monthly to the end of the month.

b.      Contracts with a minimum term of 3 months: The membership contract can be terminated by the member at the earliest at the end of the minimum term of 3 months from the beginning of the membership, observing the notice period of 1 month to the end of the month. After expiration of the minimum term, the membership is converted into an unlimited membership contract, which can be terminated monthly with a notice period of one month to the end of the month.

b)      In addition to text form, all notices of termination may also be effectively given by using the so-called termination button on the website https: //www.holmesplace. de/en/. They must be sent by mail to Holmes Place Health Clubs GmbH (Charlottenstraße 65, 10117 Berlin).

c)      The statutory provisions shall apply to extraordinary termination without notice.

8. INSTRUCTIONS OF THE EMPLOYEES/OBSERVANCE OF THE CLUB RULES

The member undertakes to follow justified instructions of the staff, which are necessary for safety reasons or for the smooth operation of the club, to comply with the hygiene regulations and to observe the club rules posted in the club or the house rules. Gross and/or repeated violations entitle Holmes Place to issue a ban from the premises and to issue an extraordinary termination without notice. Holmes Place reserves the right to change the club rules or the house rules within the scope of what is reasonable and legally permissible.

9. OPENING HOURS

Holmes Place continuously informs about the opening hours and the range of services of the clubs, especially on the website www.holmesplace.de. The opening hours can - as far as necessary and reasonable - be extended or shortened, e.g. in case of public holidays, due to revisions, renovation or cleaning works. Holmes Place will announce changes inopening hours or closures of premises with reasonable notice.

10. CHANGE IN CLUB OFFERINGS

Holmes Place is entitled to change individual service offerings, provided that the change is reasonable for the Member, taking into account the interests of Holmes Place, and the main contractual services essentially remain in place.

11. LIMITATION OF LIABILITY/EXCLUSION OF LIABILITY

a)      When using the Holmes Place offer, the member is subject to his or her own responsibility regarding to the health condition and individual load.

b)      Holmes Place is liable in the event of injury to life, limb or health for intent, gross negligence and simple negligence. Holmes Place is liable for other damages only in the case of gross negligence or intent and in the case of negligent breach of essential contractual obligations of its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment characterizes the contract and on which the Client may rely.

c)      Lockers are provided by Holmes Place; they are not supervised. The member is responsible for the sufficiently secure locking of used and rented lockers. Holmes Place is not liable for items stolen from the lockers, unless Holmes Place or its representatives have acted intentionally or with gross negligence in this regard.

12. DEVIATIONS FROM THE SAMPLE CONTRACT/WRITTEN FORM REQUIREMENT

The employees of Holmes Place, with the exception of the Club Manager, are not authorized to make agreements that deviate from the contract form or the general terms and conditions. The provisions contained in the contract form and these general terms and conditions reflect the entire agreement concluded between Holmes Place and the Member. Verbal collateral agreements do not exist.

13. DATA PROTECTION

We process your data solely for the purpose of establishing, implementing and processing your membership, on the basis of statutory provisions, within the scope of our legitimate interests and, where applicable, on the basis of your consent. You will receive offers for similar goods or services from us to your specified e-mail address, mobile phone number or by push message or post. You can object to this processing at any time by sending an e-mail to dataprotection_DE@holmesplace.de, on the website www.holmesplace.de or by post to Holmes Place, Charlottenstr. 65, 10117 Berlin. For more information on data protection, please visit our website at https://www.holmesplace.de/datenschutz.

Holmes Place Health Clubs GmbH
Charlottenstr. 65, 10117 Berlin, Germany
HRB 137833B - Charlottenburg LocalCourt
Managing Directors: Doron J. Dickman, CarstenKerner

English