General Terms and Conditions (GTC)
§ 1 Scope of application
- The present General Terms and Conditions form the exclusive basis of all business relations between you – hereinafter referred to as “Customer” – and us, HYCYS Sports Performance GmbH, authorized representatives of the managing directors: Hosea Frick and Björn Geesmann, Gilgaustraße 31, 51149 Cologne – hereinafter referred to as “HYCYS” – insofar as these are not amended by written agreement between the parties. In this respect, the individual agreement then made shall take precedence over these GTC.
- HYCYS will not recognize any deviating or conflicting conditions or conditions provided by the customer unless HYCYS expressly agrees to them. In case of doubt such consent shall only apply to the individual case.
- The customer will be notified of changes to these terms and conditions by postal letter, fax or e-mail. If the customer does not object to these changes within four weeks of receipt of the notification, the changes are deemed to be accepted by the customer. The customer will be informed separately of the right to object and the legal consequences of silence in the event of a change to the terms and conditions.
§ 2 Subject matter of contract, conclusion of contract
- The subject of this contract may be the following services:
– individual support and advice for the training of cyclists, triathletes or runners
– performance diagnostics
– bike fitting
– running analysis,
– aero fittings
- The content of the respective services results from the service description of the individual areas on the homepage as well as the offer sites of the cooperation and advertising partners, whereby in case of contradictions the individual areas on the homepage have priority.
- In the case of a booking of a date, the contract is concluded with its confirmation by e-mail or otherwise in text form by HYCYS. In particular also in the case of an agreement by telephone, the contract only comes into effect with its written confirmation. In the case of a consignment of goods by their dispatch confirmation.
- When booking training support, the term of the contract is based on the description of services of the respective tariff selected by the customer. It can vary between 6 and 24 months. The contractual relationship ends automatically, a separate termination is not required. The right of termination without notice for good cause remains unaffected.
§ 3 Data protection
- HYCYS will use all personal data provided by the customer (title, name, address, date of birth, e-mail, address, telephone number, fax number) exclusively in accordance with the provisions of German data protection law. The personal data of the customer, as far as these are necessary for the establishment, content arrangement or change of the contractual relationship, are used exclusively for the processing of the contract concluded between the parties. Any further use of the inventory data for the purposes of advertising, market research or for the design of our offers in line with requirements requires the explicit consent of the customer. The declaration of consent is completely voluntary and can be revoked by the customer at any time.
- The (test) results obtained, protocols and expert reports produced, and other written statements may be used by HYCYS.
- HYCYS is obliged to maintain secrecy towards third parties.
§ 4 Remuneration
- The amount of the remuneration is based on the agreements made between the parties and the specifications on the homepage. If no agreements have been made, HYCYS has a claim to appropriate and customary remuneration.
- In case of doubt, the remuneration is due immediately if no other agreement has been made by indicating a corresponding date on the invoice.
- Invoicing shall be in writing.
- If the customer is in arrears with payment of the amount due, HYCYS will send a reminder for the amount due after two weeks and charge an appropriate reminder fee and interest on arrears. If no payment is received even after the reminder within a period of two weeks, HYCYS will apply for legal default action. This will result in further costs for the customer.
§ 5 Advance payment
- HYCYS reserves the right to demand an advance payment for costs already incurred and costs expected to be incurred.
- If the customer has not paid the requested advance payment by due date, HYCYS is entitled to extraordinary termination of the contract. Services already provided by HYCYS are to be paid for by the customer in this case.
§ 6 Cancellation
- The customer has the possibility to cancel the order up to 48 hours before the agreed date. In this case, HYCYS is entitled to demand reimbursement from the customer of the expenses already incurred by HYCYS. For the cancellation a processing fee of 35% of the remuneration is to be paid by the customer. The processing fee is not due, if the cancellation is due to illness and a corresponding certificate is delivered by the customer.
- If the cancellation of the agreed appointment by the customer takes place less than 48 hours before the appointment, HYCYS reserves the right to demand the full amount for the booked service, unless the customer cancels due to illness and can present a corresponding certificate or the appointment can be allocated spontaneously and with reasonable effort by HYCYS to another party.
- If the customer misses the appointment without any reason, HYCYS is entitled to demand the full amount for the booked service.
§ 7 Further obligations of the customer
The customer is obliged to cooperate to the extent that is necessary for the fulfilment of the order. In this respect, the customer must also refrain from doing anything that could impair the proper processing of the order.
§ 8 Liability
- HYCYS is only liable in accordance with the statutory provisions for damages arising from a negligent breach of duty, insofar as the fulfilment of the latter makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on the fulfilment of which the customer could regularly rely. Otherwise HYCYS is only liable for intent and gross negligence. The liability is limited in this respect to typical damages foreseeable at the conclusion of the contract. This limitation does not apply in case of injury to life, body and health.
- HYCYS is not liable for the loss of money, securities and other valuables that were not expressly taken into safekeeping by HYCYS in the event of slight negligence.
- Insofar as the damage is covered by an insurance policy taken out by the customer for the relevant case of damage, HYCYS is only liable for any associated disadvantages of the customer, otherwise basically subsidiary.
- Regardless of fault on the part of HYCYS, any liability of HYCYS in the event of malicious concealment of the defect, from the assumption of a guarantee or a procurement risk remains unaffected.
- Excluded is the personal liability of legal representatives, vicarious agents and employees of HYCYS for damages caused by them through slight negligence.
§ 9 Transfer of risk
In the case of a consignment of goods, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery to the carrier, but at the latest when the goods leave the business premises of the contractor, irrespective of the place of dispatch and who bears the freight costs.
§ 10 Special regulation for the rental of items
- In the event of a rental of items by the customer, the customer must treat the rented items with care and attention. The customer shall bear the costs for the removal of contamination from the rented item.
- The customer is liable to HYCYS for all damage to the rented items.
- The customer is obliged to notify HYCYS immediately of any defect in the rented item. Necessary repairs to the rented item during the rental period may only be carried out by the customer after prior consultation with and approval by HYCYS.
- The customer is obliged to return the rented items in the condition in which they were handed over. He or she is prohibited from making changes of any kind to the rented item. If the customer makes changes despite this agreement, he or she shall bear all costs necessary to restore the original condition.
- If the rented item is stolen, seized or otherwise lost from/by the customer, the customer is obliged to notify HYCYS immediately.
§ 11 Rental period, return, transfer of the rental item to third parties
- The rental item must be returned to HYCYS free of charge and in full at the end of the contractually agreed rental period.
- The customer is not entitled to leave the rented item to third parties unless HYCYS has given their written consent for the individual case. The customer is liable for all damages resulting from the transfer to unauthorized third parties.
§ 12 Retention of title
- The goods remain the property of HYCYS until all claims, including future or conditional claims against the customer, have been fulfilled.
- For goods already handed over or delivered, HYCYS reserves the right of ownership of the goods until complete and incontestable payment of these.
§ 13 Place of performance
The place of performance varies depending on the agreed service. For performance diagnostics and bike fitting the place of performance is the respective performance center, for an aero fitting or a bike fitting in connection with an aero fitting it is the respective place of the fitting. Otherwise the place of performance is the registered office of HYCYS.
§ 14 Place of jurisdiction
- For all present and future claims arising from the business relationship, including claims arising from cheques and bills of exchange, the exclusive place of jurisdiction shall be Cologne.
- The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany, relocates his or her place of residence or usual place of abode outside Germany after conclusion of the contract, or his/her place of residence or usual place of abode is unknown at the time of filing a suit.
§ 15 Severability clause
- If these General Terms and Conditions have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.
- If the provisions have not become part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions, in particular those of the German Civil Code.
Aktueller Stand: Mai 2020