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General Terms and Conditions (GTC)

1. Scope of Application

The following General Terms and Conditions, in the version valid at the time of booking, apply exclusively to the business relationship between the swimming and fitness trainer Pouya Pourebrahim | Joinpuya (hereinafter referred to as the "Trainer") and the client (hereinafter referred to as the "Client"). Deviating terms and conditions of the Client shall not be recognized unless the Trainer expressly agrees to their validity in text form.

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2. Subject Matter of the Contract and Conclusion of Contract

The Trainer offers individual swimming and fitness training sessions, the current details of which are described at www.joinpuya.de. The precise scope and content of the training are determined within the framework of the respective contractual relationship.

The contract is concluded when the Trainer confirms the Client's booking in text form (e.g., via email). Prior to such confirmation, the booking constitutes merely a non-binding inquiry.

3. Participation Requirements and Health

By booking, the Client confirms that they are physically capable of participating in the training sessions. Any known health limitations, medical conditions, injuries, or existing pregnancies must be disclosed to the Trainer prior to the start of the first training session. The Trainer must be informed immediately if any health complaints or physical discomfort arise during training.

The Client is obliged to seek medical advice before commencing training in cases of doubt, particularly if there are pre-existing medical conditions. The Trainer advises the Client not to overexert themselves and to respect the limits of their own physical capabilities. The Trainer's statutory duties of care and disclosure, as well as their liability under Section 10, remain unaffected by this.

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4. Scope of Services and Execution

The Trainer conducts the agreed training sessions diligently and to the best of their knowledge and belief. A training session generally lasts 60 minutes; longer sessions take place subject to individual agreement. Swimming sessions take place at Kombibad Seestraße (Seestr. 80, 13347 Berlin) or Stadtbad Tiergarten (Seydlitzstr. 7, 10557 Berlin). Fitness sessions take place at Crunch Fit Wedding (Pankstr. 32–39, 13357 Berlin). Other training locations may be possible upon prior agreement.

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5. Prices, training packages, and payment

5.1 Prices. The fee is agreed upon before training begins. A single training session costs €80. Payment is made via bank transfer to Joinpuya’s business account or through the payment service provider Stripe. The fee is due immediately after the service has been rendered, unless otherwise agreed. When booking packages, the agreed package fee is due in advance.

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5.2 Packages and volume discounts. The trainer offers training packages (e.g., 3, 5, or 10 sessions). The package price—which is lower than the price for individual bookings—constitutes a volume discount that is expressly contingent upon the purchase and completion of the entire package.

5.3 Recalculation upon early termination. If a package is terminated before all sessions have been used (see Section 8), the basis for the volume discount no longer applies. In this case, the sessions already used will be recalculated at the regular single-session rate (Section 5.1). Any remaining credit balance will be refunded based on this calculation.

5.4 Validity. Package sessions are valid for six months from the date of purchase and must be redeemed within this period.

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6. Right of withdrawal for distance contracts

Consumers who conclude the contract via the website, by email, or through other means of distance communication are entitled to a statutory right of withdrawal. There is no right of withdrawal for contracts regarding individual training sessions for which a specific date has been agreed upon (Section 312g para. 2 no. 9 of the German Civil Code [BGB]).

Instruction on the right of withdrawal

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 the contract is concluded.

To exercise your right of withdrawal, you must inform us

 

Pouya Pourebrahim | Joinpuya, Teichstraße 45, 13407 Berlin, E-mail: fitness@joinpuya.de, Phone: 0157 580 743 29 of your decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction 

...unless expressly agreed otherwise with you.

If you have requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the time of withdrawal compared to the total scope of the services agreed upon in the contract.

Expiry of the right of withdrawal. In the case of a contract for the provision of services, the right of withdrawal expires if the trainer has fully performed the service and began performance only after the customer had given their express consent and simultaneously acknowledged that the right of withdrawal expires upon complete performance of the contract.

Model withdrawal form

(If you wish to withdraw from the contract, please fill out this form and return it.)

 

To Pouya Pourebrahim | Joinpuya, Teichstraße 45, 13407 Berlin, E-mail: fitness@joinpuy.de I/We () hereby withdraw from the contract concluded by me/us () regarding the provision of the following service: __________ Ordered on/received on: __________ Name of consumer(s): __________ Address of consumer(s): __________ Signature (only if notification is on paper): __________ Date: __________ () Delete as applicable.*

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7. Appointment cancellations and missed appointments

7.1 The trainer reserves the right to reschedule or cancel training sessions if necessary due to reasons such as illness, unforeseeable events, or force majeure. In such cases, a substitute appointment will be arranged.

7.2 The customer may cancel scheduled appointments free of charge up to 24 hours before the start time. In the event of late cancellation or failure to appear, the trainer is entitled to charge the agreed fee for the session in question, less any expenses saved due to the cancellation. For packages, the trainer may count the relevant session as used. This does not apply if the client provides proof of a valid reason for the cancellation (e.g., illness).

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8. Termination and Refund for Packages

8.1 The client may terminate the contractual relationship regarding a package at any time (Section 627 of the German Civil Code [BGB]). Following termination, used sessions will be billed at the regular single-session rate in accordance with Clause 5.3. Any remaining credit balance will be refunded to the client (Section 628 BGB).

8.2 The trainer is entitled to retain a flat-rate administrative fee amounting to 15% of the refund amount to cover processing costs and losses resulting from early termination. The client reserves the right to prove that no damage or reduction in value occurred, or that it occurred to a significantly lesser extent. The trainer reserves the right to prove that actual damages were higher.

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9. Vouchers

Purchased vouchers are valid for three years from the date of purchase and may be redeemed for all fitness and swimming services. Cash redemption of the voucher value is excluded. Any remaining credit balance remains valid until the expiration date.

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10. Liability

10.1 The trainer is liable without limitation for damages resulting from injury to life, body, or health caused by a negligent or intentional breach of duty by the trainer, as well as for other damages resulting from an intentional or grossly negligent breach of duty. 10.2 In cases of simple negligence, the Trainer shall be liable—except in the cases specified in Clause 10.1—only for the breach of a material contractual obligation (cardinal obligation), the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the Client may reasonably rely. In such cases, liability is limited to the foreseeable damage typical for the contract.

10.3 Any further liability is excluded. The foregoing limitations of liability also apply for the benefit of the Trainer’s agents and assistants.

10.4 No liability is assumed for clothing or personal belongings. The Client is advised not to bring valuables; the Trainer assumes no responsibility for guarding or exercising a special duty of care regarding any valuables brought to the premises. Liability pursuant to Clause 10.1 remains unaffected.

10.5 The Trainer maintains business liability insurance.

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11. Confidentiality

The Trainer shall maintain confidentiality regarding all information concerning the Client that becomes known in connection with the performance of the training activities. This obligation remains in effect even after the termination of the contractual relationship.

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12. Data Protection

The Trainer treats all personal data of the Client confidentially and uses it exclusively for the purpose of contract administration and the conduct of training sessions. Disclosure to third parties occurs only to the extent necessary for the performance of the contract or as required by law. Further information is contained 

...the privacy policy at www.joinpuya.de.

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13. Consumer Dispute Resolution

The Trainer is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG).

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14. Final Provisions

14.1 The General Terms and Conditions (GTC) applicable to the contract are those published at the time of booking. Amendments to these GTC shall only become part of ongoing contracts with the express consent of the customer.

14.2 The place of jurisdiction shall be determined by statutory provisions.

14.3 The law of the Federal Republic of Germany applies. Mandatory consumer protection provisions of the state in which the customer has their habitual residence remain unaffected.

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15. Severability Clause

Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provision shall apply in place of the invalid or unenforceable provision.

As of: August 15, 2026.

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