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 Köln 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.

d)      In the event of a culpable delay in payment of more than nine weeks, the entire remaining amount shall be due immediately by the next possible termination date.

e)      Holmes Place carries out a credit check with SCHUFA as part of pre-contractual measures for the purpose of protecting against payment defaults. Your creditworthiness will only be checked after you have signed a binding contract offer through Holmes Place. The contract between Holmes Place and you is subject to the suspensive condition (§ 158 I BGB) of a positive check of your SCHUFA creditworthiness. Further information can be found under 13. Data protection. In the event of a negative credit check, Holmes Place may offer a contractual arrangement whereby the member prepays the amount due each month.

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. 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 fulfilment of their payment obligations and to ensure sufficient coverage on the account. The member must compensate Holmes Place for any damage caused by a returned direct debit for which the member is responsible. For this purpose, Holmes Place is entitled to debit the damage from the member's account in the amount of the actual costs incurred by Holmes Place. The fee consists of bank charges and additional workload. The member is permitted to prove that the actual damage is lower.

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 the event of loss or damage to the membership card, towel card or other items issued by Holmes Place (which do not become the property of the member) by the member, the replacement of these items is subject to a charge. The Member will be informed of the respective costs transparently by Holmes Place.

f)       The membership cards are personal and may not be transferred or exchanged with other persons. Any infringement entitles Holmes Placeto terminate the contract durch 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)     There are personal training products in the form of a package and a subscription. In order to ensure training optimisation, or performance optimisation and maintenance for the client, a package is based on a validity period of weeks, which corresponds to the number of training sessions (e.g. 4-Pack = 4 weeks).

b)     The subscription has a minimum term of 3, 6 or 12 months, depending on the member's choice. The subscription cannot be cancelled within this minimum term. After expiry of the minimum term, the subscription is automatically extended indefinitely and can be cancelled at any time with a notice period to the end of the month. Unless otherwise stated in the supplementary contract, the minimum term of 3 months applies to VIP subscriptions.

c)     The availability of certain coaches cannot always be guaranteed. The choice of coach is made by making an appointment with a coach.

d)     The member must cancel a personal training appointment at least 24 hours in advance. If the cancellation is made at shorter notice, the personal training session is deemed to have been attended.

e)     Holiday periods (= absence of up to 4 weeks) must be agreed with Holmes Place and the trainer. Training sessions not attended due to holidays or other reasons must be used within the validity or contract period, ideally even before or directly after the holiday period or in the following month.

f)     Special feature "holiday period": Another reason does not exist if the client is permanently unable to attend the training sessions due to illness or similar reasons beyond the client's control. The client 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.

g)     Holmes Place allows the contract to be suspended for up to 3 months ("freeze") at its own discretion and as a gesture of goodwill. The duration of the contractual relationship is extended accordingly for each month in which the contract is dormant.

h)     Members using the subscription must take their Personal Training hours within the respective calendar month or the one after latest. After the end of each two month, the right to use the Personal Training hours of the previous month expires. Members using Packs must complete their Personal Training hours within an expected timeframe. The member is expected to attend a Personal Training session at least every 2 weeks. At the end of this period, the member will no longer be entitled to the personal training hours of the pack. This does not apply if the member is not responsible for not being able to attend the personal training sessions due to inability to exercise as a result of illness or for other reasons and can prove this with a corresponding medical certificate or otherwise.

i)     Due personal training hours that the member cannot attend him/herself may be transferred to friends and family.

5. PRICE ADJUSTMENT

Holmes Place may increase and decrease the membership fee and other services to reflect the impact of changes in the overall costs associated with our service. Examples of cost elements that affect the price of our subscription offerings include:

  • Rent 33%
  • Energy 11%
  • Materials/outside services 12%
  • Personnel 24%
  • Service providers/freelancers 10%
  • Other 10%

(In brackets you will find the respective weighting).

 All price changes are effective no earlier than 30 days after notification. You may cancel your membership at any time during the permitted cancellation period to avoid future charges.

6. MISSING APPEARANCE AT COURSE BOOKING

In the event that a member makes a course booking and does not cancel the booking within 24 hours before the start of the course or does not attend the course despite not cancelling, a reasonable cancellation fee will be charged. The cancellation fee is based on the actual costs incurred by Holmes Place as a result of the Member not taking up their place on the course or no other Member taking up the cancelled place on the course. The member is entitled to provide evidence that the actual cancellation fees are lower than stated. The actual fees incurred are shown before a course is booked and are automatically deducted from the member's account in the event of no cancellation or non-participation in the non-cancelled course.

7. 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

  • 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;
  • 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;
  • 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.

8. TERMINATION BY THE MEMBER

a)      Contract renewal and ordinary notice periods

  • 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.
  1. 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.
  2. This period of notice only applies to contracts concluded after 01.03.2022. For all contracts concluded before 01.03.2022, a notice period of 3 months to the end of the term applies.

b)      In addition to the text form, all cancellations canalso be effectively made using the so-called cancellation button on the websitehttps://www.holmesplace.de. Cancellations must be sent by post to Holmes PlaceHealth Clubs GmbH (Charlottenstraße 65, 10117 Berlin).

c)      The statutory provisions shall apply to extraordinarycancellation without notice.

9. 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.

10. 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.

11. 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.

12. 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. Valuables are not to be stored in the lockers.

13. 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.

14. 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. Holmes Place transmits personal data collected as part of this contractual relationship about the application, implementation and termination of this business relationship as well as data about non-contractual behavior or fraudulent behavior to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden. You can find more information about this in our data protection declaration. For more information on data protection, please visit our website at https://www.holmesplace.de/datenschutz.

15. CANCELLATION POLICY

The member has the right to revoke this contract within fourteen days without giving reasons. The revocation shall be addressed to:

Holmes Place Health Clubs GmbH, Charlottenstr. 65, 10117 Berlin Germany

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. advantages from the use of the item) must be surrendered. If the member is unable to return the received services to Holmes Place in whole or in part, or only in a deteriorated condition, the member is obliged to compensate Holmes Place for the loss of value.

If the member has made use of services before the expiry of the revocation period, he/she shall be charged an appropriate fee for these services. The remuneration shall be calculated on the basis of the value of the services provided up to the time of revocation. In this case, any remuneration already paid shall be refunded taking into account the value of the service provided less the value of the benefits derived by the member.

Holmes Place Health Clubs GmbH
Charlottenstr. 65, 10117 Berlin, Germany
HRB 137833B - Charlottenburg Local Court
Managing Directors: Doron J. Dickman, Carsten Kerner

English