General terms and conditions of business
§ 1 General Provisions, Scope of Application
(1) These General Terms and Conditions (GTC) apply to all business relationships of the company Meine Massage GmbH, (hereinafter “Meine Massage”), Jacobstraße 5, 04105 Leipzig with customers, unless expressly stated otherwise.
(2) For the purposes of these Terms and Conditions, “customers” include both consumers as defined in Section 13 of the German Civil Code (BGB) and business operators as defined in Section 14 of the German Civil Code (BGB). A consumer as defined in Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An "Meine Massage" within the meaning of Section 14 of the German Civil Code (BGB), on the other hand, is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or self-employed professional activity.
(3) The terms and conditions of "Meine Massage" shall apply exclusively. Deviating, conflicting or supplementary terms and conditions shall not become part of the contract, even if known to "Meine Massage", unless their validity is expressly agreed to in writing.
§ 2 Contract conclusion, appointment scheduling, treatments
(1) The contract is concluded as follows. Appointments and, consequently, a binding booking are made online via the website www.meine-massage.de. In the first step, you can select an option by clicking the “Massage,” “Couples Massage,” or “Gift Certificate” button. After clicking the “Massage” or “Couples Massage” button, you can choose between the different types of massage and then specify the intensity and any special requests for the treatment in advance. After clicking the “Gift Certificate” button, you can choose between different gift certificates and purchase the certificate by clicking the “Purchase Gift Certificate” button. In the second step, when selecting “Massage” or “Partner Massage,” choose the therapist, the day, and the time. If the desired appointment is booked, you can be placed on the waiting list. In the third step, enter your information, note any gift certificate codes, and select the payment method (online or by invoice). If you select “Pay online,” the contract is concluded by clicking the “Book appointment with payment” button and making the payment within 15 minutes; otherwise, the booked appointment will be automatically canceled. Payment is made via PayPal, Visa, Mastercard, Amex, or SEPA direct debit. If you select “Payment by invoice,” the contract is concluded when you click the “Book appointment with payment obligation” button. Payment is processed via Stripe. In all cases, you will receive an order confirmation at the email address you provided.
(2) The services offered consist of treatments intended solely for well-being. These do not constitute medical services and are therefore not covered by health insurance. No diagnoses are made, nor are symptoms treated. If you suffer from health conditions requiring treatment, please consult your doctor, alternative practitioner, or therapist beforehand.
The business owner distances herself from medical treatments, which are reserved exclusively for licensed medical professionals.
(3) No massages will be provided in cases of
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severe varicose veins
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pregnancy
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any acute inflammation
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skin conditions
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severe organic diseases
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tumors or during radiation therapy
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open wounds and burns
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fractures, herniated discs (acute)
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serious vascular diseases
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altered blood clotting => hemophilia or after taking anticoagulant medications =>
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infectious diseases => including the flu, infections with fever
The client undertakes to provide the business owner with the relevant information prior to treatment.
(4) Treatment is provided at the client’s own request and by appointment to all legally competent persons aged 18 and older. For persons under 18, consent from a legal guardian is required. By placing an order (scheduling an appointment), the client bindingly accepts "Meine Massage`s" Terms and Conditions. Appointments constitute a mutual declaration of intent and are binding on both parties.
(5) Treatment duration and prices are listed on the provider’s website https://www.meine-massage.de/#Massagen. The scope of the agreed-upon treatment is based on prior mutual consultation and physical conditions such as skin condition, hair density, etc. The customer decides on the type and scope of the treatment. The treatment will be performed by the provider in a professional and competent manner. Treatment costs must be paid prior to the treatment. Vouchers cannot be exchanged for cash.
(6) For massages using essential oils, the customer is obligated, in their own interest, to disclose any existing allergies. In case of doubt, a medical certificate will be requested.
(7) The business owner reserves the right to refuse requests or to require advance payment.
(8) If, for reasons beyond the business owner’s control or due to force majeure, the provider is unable to keep an agreed-upon appointment, the business owner will immediately notify the customer, provided that the contact information on file allows for prompt contact. The business owner will offer suitable alternative dates. In this case, the customer is entitled to accept the offered alternative date or to withdraw from the contract. The business owner’s statutory rights of withdrawal and termination remain unaffected.
(9) The business owner or the employee is entitled to terminate the treatments at any time if the customer engages in sexual acts toward the massage therapist. In this case, the business owner is not obligated to refund the treatment costs.
(10) The customer is entitled to set-off or retention rights only to the extent that their claim has been legally established or is undisputed.
§ 3 Delay in deadlines caused by the customer
(1) The customer has been informed that the practice operates with waiting lists and appointment scheduling, and that only one massage therapist is available for treatment at any given time. If a treatment appointment is not canceled in a timely manner, it is not possible to treat another customer. If a treatment appointment is canceled less than 24 hours before the start of the treatment, the customer agrees to pay 100% of the estimated cost as compensation for the missed appointment.
(2) If the client fails to appear for the agreed treatment appointment and does not cancel this appointment in a timely manner, the business owner is entitled to retain the amount already paid for the appointment that was not canceled in a timely manner. The client has no claim to compensation. If the client cancels the appointment in a timely manner, they will receive a refund of the amount paid.
(3) The customer’s treatment begins upon arrival in the treatment room. In the event of a late arrival, the customer is entitled to treatment only for the duration of the agreed appointment. The business owner is also entitled to charge for the full treatment time in accordance with the agreed treatment if the treatment must end on time due to a subsequent appointment.
§ 3 Delay in deadlines caused by the customer
(1) The customer has been informed that the practice operates with waiting lists and appointment scheduling, and that only one massage therapist is available for treatment at any given time. If a treatment appointment is not canceled in a timely manner, it is not possible to treat another customer. If a treatment appointment is canceled less than 24 hours before the start of the treatment, the customer agrees to pay 100% of the estimated cost as compensation for the missed appointment.
(2) If the client fails to appear for the agreed treatment appointment and does not cancel this appointment in a timely manner, the business owner is entitled to retain the amount already paid for the appointment that was not canceled in a timely manner. The client has no claim to compensation. If the client cancels the appointment in a timely manner, they will receive a refund of the amount paid.
(3) The customer’s treatment begins upon arrival in the treatment room. In the event of a late arrival, the customer is entitled to treatment only for the duration of the agreed appointment. The business owner is also entitled to charge for the full treatment time in accordance with the agreed treatment if the treatment must end on time due to a subsequent appointment.
§ 4 Warranty
(1) Products are used during the treatment. However, no guarantee can be given regarding the tolerability of the products or the success of the treatment. This applies in particular if the customer did not answer questions fully or truthfully during the preliminary consultation. The customer is obligated to provide the business owner with truthful information, particularly regarding allergies, intolerances, skin conditions, or contagious infectious diseases.
(2) The customer must notify the business owner of any obvious treatment defects within 5 calendar days after the customer was able to identify the defect. Otherwise, warranty claims are excluded.
(3) These warranty claims also lapse if the customer:
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has further treatment performed by another studio or practice
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performs the treatment at home themselves or attempts to treat something on their own after the treatment
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fails to comply with the instruction to seek immediate medical assistance in emergencies.
(4) Notifications of defects by the customer to the business owner must be in writing to be effective.
(5) In all other respects, the customer’s warranty claims against the business owner are governed by the statutory provisions.
§ 5 Liability
(1) The customer’s claims for damages are excluded. This does not apply to the customer’s claims for damages arising from injury to life, limb, or health, or from a breach of material contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the business, its legal representatives, or its vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. With respect to businesses, a deviation from the first sentence applies to vicarious agents: liability for other damages resulting from a grossly negligent breach of duty is excluded.
(2) In the event of a breach of essential contractual obligations, the Contractor shall be liable only for foreseeable damages typical for this type of contract if such damages were caused by simple negligence, unless the Customer’s claims for damages arise from injury to life, limb, or health.
(3) The limitations in paragraphs 1 and 2 also apply in favor of "Meine Massage`s" legal representatives and vicarious agents if claims are asserted directly against them.
(4) Irrespective of whether the Contractor is at fault, any liability of the Contractor arising from the fraudulent concealment of a defect, from the assumption of a guarantee or a procurement risk, and under the Product Liability Act remains unaffected.
§ 6 Storage of contract text
The customer can save the contract text to their computer or print it using their browser's print function. Furthermore, the booking details and the terms and conditions will be sent to the customer by email. The terms and conditions can also be viewed at www.meine-massage.de. The contract text will not be stored by the business owner after the contract is concluded.
§ 7 Data Protection
(1) The company processes and stores the data relating to the respective contract to the extent necessary for the execution and processing of the treatment contract and for as long as it is legally obligated to retain this data. The customer has the right to inspect the information stored about him by the company.
(2) If the customer makes a booking on the internet, he will receive all relevant booking data by email after the booking has been completed.
(3) The collection, transmission or other processing of the customer's personal data for purposes other than those mentioned in this paragraph is not permitted to "Meine Massage".
(4) Detailed information on data protection can be found in our privacy policy. This can be viewed at https://www.meine-massage.de/datenschutz.
(1) The company processes and stores the data relating to the respective contract to the extent necessary for the execution and processing of the treatment contract and for as long as it is legally obligated to retain this data. The customer has the right to inspect the information stored about him by the company.
(2) If the customer makes a booking on the internet, he will receive all relevant booking data by email after the booking has been completed.
(3) The collection, transmission or other processing of the customer's personal data for purposes other than those mentioned in this paragraph is not permitted to "Meine Massage".
(4) Detailed information on data protection can be found in our privacy policy. This can be viewed at https://www.meine-massage.de/datenschutz.
§ 7 Data Protection
§ 8 Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution (ODR), which you can find here: http://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.
(2) "Meine Massage" is not prepared to participate in dispute resolution proceedings before a consumer arbitration board to settle disputes with consumers concerning legal disputes arising from the contractual relationship.
§ 9 Final Provisions
(1) The contract between "Meine Massage" and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) Any legal disputes arising from or in connection with this contract shall be governed exclusively by German law. The contract language is German.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office in Leipzig. The same applies if the customer has no general place of jurisdiction in Germany, or if their domicile or habitual residence is unknown at the time the action is brought.
(4) Changes to the Terms and Conditions must be communicated to the customer as soon as possible. The customer has the right to object to these changes. If the customer does not object within one month of notification of the changes to the Terms and Conditions, the changes will be deemed accepted.
(5) Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory provisions. The same applies if the provisions contain an unforeseen gap.