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GENERAL TERMS AND CONDITIONS

 

GENERAL TERMS AND CONDITIONS OF SPRUNG.RAUM TEMPELHOF GMBH

1. SCOPE OF THESE GENERAL TERMS AND CONDITIONS These General Terms and Conditions apply between SPRUNG.RAUM Tempelhof GmbH, Am Neumarkt 38, 22041 Hamburg (hereinafter "SPRUNG.RAUM") and the contracting party (hereinafter "Customer") for the entire online offering of SPRUNG.RAUM. SPRUNG.RAUM offers its services to both businesses and consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. Diverging terms and conditions of the customer shall not apply unless SPRUNG.RAUM has expressly agreed to them. This also applies if and to the extent that the customer's general terms and conditions go beyond the scope of these terms. If any provision of these terms is or becomes invalid, the validity of the remaining provisions shall not be affected.

2. CONTRACT FORMATION 2.1. General Information The product presentations on the SPRUNG.RAUM website do not constitute legally binding offers by SPRUNG.RAUM but merely an invitation for the customer to make an offer.

2.2. Online Bookings via the Webshop 2.2.1. SPRUNG.RAUM offers the customer various services via its webshop, in particular the purchase of tickets (e.g., SPRUNG.TICKETS), vouchers (e.g., FREI.SPRUNG), and products (e.g., SPRUNG.SOCKS and merchandise).

2.2.2. To order services via the webshop, the customer must register on the SPRUNG.RAUM website and create a user account.

2.2.3. By clicking the "ORDER WITH OBLIGATION TO PAY" button, the customer makes a binding offer for the items listed in the order summary. The customer can review and modify the contents of the shopping cart at any time before submitting a binding offer.

2.2.4. Upon receipt of the offer, SPRUNG.RAUM will automatically confirm receipt via email (acknowledgment of receipt). This acknowledgment does not constitute acceptance of the customer's offer. A contract is concluded when SPRUNG.RAUM accepts the order with a confirmation email or dispatches the goods. A contract is also formed when SPRUNG.RAUM requests payment from the customer, i.e., if the customer pays via credit card (Visa, American Express, or MasterCard/EuroCard), PayPal, or instant bank transfer during the order process.

2.3. Booking Inquiries 2.3.1. If the customer wishes to book an event (e.g., FIRMEN.SPRUNG, GEBURTSTAGS.SPRUNG, SCHUL.SPRUNG), a course (e.g., BASIC.SPRUNG, BASIC.SPRUNG KIDS), a group booking, or exclusive trainer support, they may submit a non-binding booking inquiry via the SPRUNG.RAUM website, also without registration.

2.3.2. After receiving the inquiry, SPRUNG.RAUM will send the customer either a binding booking confirmation or a notice that no offer can be made. In the case of a booking confirmation, the customer must accept the offer via email within three (3) calendar days. If the customer does not provide binding acceptance within that time, the offer expires. SPRUNG.RAUM will notify the customer of this acceptance period in the booking confirmation.

2.3.3. The booking confirmation serves as a ticket once the customer accepts the offer and must be presented at SPRUNG.RAUM's front desk on the booked date. The customer will then receive their SPRUNG.TICKETS.

2.4. SPRUNG.RAUM Services 2.4.1. All tickets purchased under this clause entitle the customer or named participant to access and use the SPRUNG.RAUM trampoline hall during the booked time period, subject to the valid facility rules.

2.4.2. SPRUNG.TICKETS are non-transferable. Rebooking is possible according to clause 7.2. In case of misuse, SPRUNG.RAUM reserves the right to revoke the ticket without compensation and assert claims for damages.

3. SHIPPING Tickets, vouchers, and other entry authorizations purchased online are delivered exclusively by email. Product deliveries (e.g., merchandise or SPRUNG.SOCKS) within Germany are handled by DHL. Delivery time is up to three days. Deviations from this time are noted on the relevant product page. If SPRUNG.SOCKS are purchased along with tickets, they are not shipped but handed over at the venue on the event day.

4. PRICES The prices listed on the website at the time of the order apply. All prices include the applicable VAT and other components. Additional shipping costs for product deliveries are clearly shown on product pages, in the shopping cart, and on the order summary.

5. PAYMENT TERMS 5.1. Online Bookings Payment methods include credit card (Visa, American Express, or MasterCard/EuroCard), PayPal, instant bank transfer, and SPRUNG.RAUM vouchers.

5.2. Events and Courses Payment for events, courses, or group bookings must be made in advance (prepayment). This is noted in the confirmation email.

6. LEGAL RIGHT OF WITHDRAWAL If the customer is a consumer, they have a legal right of withdrawal for purchases of vouchers (FREI.SPRUNG) and products (e.g., merchandise, SPRUNG.SOCKS) as outlined in clause 6.1. There is no right of withdrawal for tickets with a fixed date (see clause 6.2).

6.1. Right of Withdrawal For contracts regarding vouchers or products made via the webshop, consumers have a legal right of withdrawal.

6.1.1. Withdrawal Instructions: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day you or a third party named by you (other than the carrier) takes possession of the goods. To exercise your right, you must notify us (SPRUNG.RAUM Tempelhof GmbH, Am Neumarkt 38, 22041 Hamburg, berlin@sprungraum.de) via an unequivocal statement (e.g., letter, fax, or email). You may use the attached sample withdrawal form, which is not mandatory. Timely dispatch of the withdrawal notice suffices to meet the deadline.

Consequences of Withdrawal: We will refund all payments received from you, including delivery charges (except additional costs due to a different delivery method than our standard), without undue delay and within fourteen days of receipt of your withdrawal notice. We will use the same payment method you used, unless otherwise agreed; no fees will be charged for the refund. You must return the goods within fourteen days of the withdrawal notice. The deadline is met if the goods are dispatched before the deadline. Vouchers sent by email are automatically invalidated and do not need to be returned. You bear the direct cost of returning the goods.

6.1.2. Sample Withdrawal Form: (Complete and return this form only if you wish to withdraw from the contract.)

To SPRUNG.RAUM Tempelhof GmbH, Am Neumarkt 38, 22041 Hamburg, berlin@sprungraum.de: I/we (*) hereby withdraw from the contract concluded for the purchase of the following goods (*)/provision of the following service (*): Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if submitted on paper): Date: ____________________________ (*) Delete as appropriate

6.2. No Right of Withdrawal for Dated Tickets 

There is no withdrawal right for contracts involving services related to leisure activities on a specific date or time period (§ 312g para. 2 no. 9 BGB). Any ticket order with a set date is binding upon contract conclusion and obligates the customer to accept and pay.

The booking confirmation serves as a ticket and must be presented at SPRUNG.RAUM on the booked date. The customer then receives their SPRUNG.TICKETS.

7. VOLUNTARY CANCELLATION AND REBOOKING POLICY 

SPRUNG.RAUM grants the customer the right—without affecting their statutory rights, including the right of withdrawal—to cancel or rebook contracts under the following conditions.

7.1. General Conditions 

7.1.1. The customer must declare the desired cancellation or rebooking in writing, via email, or using the contact form on the website www.SPRUNG.RAUM.de.

7.1.2. The postmark or send date (for emails/contact forms) shall determine whether the deadline has been met.

7.1.3. Substituting the registered customer or participants in an event or course with another person is allowed but must be communicated via email to berlin@sprungraum.de. This does not apply to SPRUNG.TICKETS (see clause 2.4.2).

7.1.4. SPRUNG.RAUM will try—subject to availability—to accommodate the customer’s requested rebooking date. However, the customer has no legal right to a specific date. SPRUNG.RAUM may charge a rebooking fee based on its current fee schedule, which can be requested from SPRUNG.RAUM.

7.1.5. In the event of a cancellation, SPRUNG.RAUM will issue a voucher equal to the payment received. Refunds in cash are generally excluded (except clause 7.4.3). The vouchers can be used at SPRUNG.RAUM and are subject to statutory expiration rules.

7.2. Rebookings for SPRUNG.TICKETS and Exclusive Trainer Sessions SPRUNG.RAUM allows free rebooking of SPRUNG.TICKETS, camps, and exclusive trainer sessions. Rebookings made less than 24 hours before the booked date will incur a handling fee.

7.3. Cancellations and Rebookings for Events and Courses 

7.3.1. The customer may cancel an event (excluding birthday parties, see 7.4), course series (course blocks), or trial session and withdraw from the contract for a handling fee. Cancellations made less than seven days before the start date incur a cancellation fee of 25% of the agreed price. A voucher equal to the paid amount, minus handling and any applicable cancellation fees, will be issued.

7.3.2. Rebooking events, course series, or trial sessions is generally free. Rebookings made less than three days before the start date are subject to a handling fee.

7.4. Cancellations and Rebookings of Birthday Parties 

7.4.1. The customer may cancel a birthday party and withdraw from the contract for a handling fee. Cancellations made less than three days before the scheduled date will incur a cancellation fee of 25% of the agreed price. A voucher will be issued for the paid amount minus the applicable fees.

7.4.2. The customer may rebook a birthday party free of charge. Rebookings less than three days before the scheduled date will incur a handling fee.

7.4.3. If the customer booked a birthday party for more than six participants, they may cancel individual participants provided the total does not fall below six. Refunds for canceled participants made less than two days before the party will result in a 25% cancellation fee per person, and a voucher will be issued instead of a cash refund.

8. CANCELLATION BY SPRUNG.RAUM / FORCE MAJEURE 

8.1. Events SPRUNG.RAUM reserves the right to withdraw from the contract and cancel events if they could jeopardize business operations, safety, or SPRUNG.RAUM’s reputation, or due to circumstances beyond SPRUNG.RAUM’s control (e.g., power outages, terrorist attacks, epidemics/pandemics like COVID-19).

8.2. Courses SPRUNG.RAUM may cancel a course if the minimum of three participants is not met or due to unforeseeable reasons such as illness of the instructor or force majeure.

8.3. SPRUNG.TICKETS SPRUNG.RAUM may withdraw from contracts for SPRUNG.TICKETS and camps if force majeure prevents fulfillment.

8.4. Legal Consequences 8.4.1. SPRUNG.RAUM will inform the customer immediately (email is sufficient).

8.4.2. In cases where services cannot be provided due to COVID-19, SPRUNG.RAUM may issue a voucher instead of a refund.

8.4.3. If clause 8.2 does not apply, the customer may choose between a refund or a voucher.

8.4.4. Further claims are limited as per clause 9.

9. LIABILITY 

9.1. SPRUNG.RAUM’s contractual and statutory liability is excluded unless otherwise provided below.

9.2. SPRUNG.RAUM is liable for damages caused by intent or gross negligence, injury to life, body, or health, or if a warranty was explicitly given and breached.

9.3. In cases of slight negligence, SPRUNG.RAUM is only liable for breaches of essential contractual duties. Liability is limited to foreseeable damages. Essential duties are those necessary to execute the contract and which the customer relies on.

9.4. These limitations also apply to the personal liability of SPRUNG.RAUM’s agents, employees, and vicarious agents.

9.5. Mandatory liability under the Product Liability Act remains unaffected.

10. FINAL PROVISIONS 

10.1. Contract Storage The version of the terms valid at contract conclusion is not stored.

10.2. Contract Language Contracts are concluded in German.

10.3. Online Dispute Resolution The European Commission provides an Online Dispute Resolution platform at www.ec.europa.eu/consumers.odr. Contact: berlin@sprungraum.de. SPRUNG.RAUM is not obligated or willing to participate in a dispute resolution process before a consumer arbitration board.

10.4. Governing Law Contracts are governed by German law excluding the UN Sales Convention. Consumers outside Germany may also rely on mandatory local legal provisions.

10.5. Jurisdiction If the customer is a merchant or legal entity under public law, the exclusive place of jurisdiction is Hamburg.

(As of November 2020)