Terms and Conditions for user (B2C)

for the StayFit24 Platform (app.stayfit24.de)

Version: September 2026 (2026-09)

This English version is provided for convenience only. In case of discrepancies, the German version shall prevail.

§ 1 Preamble, Scope of Application, Roles (B2C)

The Provider does not act as an intermediary in the legal sense but solely provides the technical platform.

1.1 StayFit24 as a Platform

StayFit24 is a service operated by rauteweb (https://www.rauteweb.de), Sascha Knodel, Telemannstr. 14, D-44869 Bochum (hereinafter referred to as the “Provider”).

The Provider operates a cloud-based software and online platform (“Platform”) through which users may view, book and manage sports, fitness and leisure services offered by sports clubs, fitness studios or other sports facilities (hereinafter referred to as “Operators”).

The Provider exclusively provides the technical platform infrastructure and does not itself offer, organise or perform any sports, training, fitness or leisure services.

1.2 Scope of these Terms

These Terms and Conditions (“B2C Terms”) exclusively govern the contractual relationship between the Provider and natural persons who use the Platform as users (“Users”).

Separate terms and conditions apply to the use of the Platform by Operators (B2B Terms).

Any contracts regarding sports, fitness or leisure services are concluded exclusively between the User and the respective Operator.

1.3 Roles on the Platform

The following roles exist within the Platform:

a) “User” is any natural person who creates a user account on the Platform and uses the Platform to book or manage services. Users may in particular be members, customers, trainers or other persons authorised by an Operator.

b) “Operator” is the sports club, fitness studio or sports facility that offers its own services via the Platform and becomes the contractual partner of the User with respect to such services.

The Provider is neither the organiser nor the provider of the services offered via the Platform and does not become a contractual party to any agreements concluded between Users and Operators.

Users may hold different roles within the Platform (e.g. member, trainer, administrator or operator), provided they are invited, enabled or promoted by an Operator accordingly.

The assignment, modification or withdrawal of roles is carried out exclusively by the respective Operator. The Provider has no influence on such role decisions and assumes no responsibility in this regard.

1.4 Platform-Wide User Account / Multiple Use

The User creates a platform-wide user account with StayFit24, which exists independently of any individual Operator.

A user account may be linked to multiple Operators simultaneously or successively.

Termination of the relationship with a specific Operator (e.g. cancellation of a membership) does not affect the existence of the user account with StayFit24.

Voluntarily confirmed friendships are a platform-wide feature of the StayFit24 user account and are not part of an individual membership. They may therefore continue after the relationship with an Operator ends until either User removes the friendship or deletes their user account. Operator-specific community content, visibility and the ability to send new Operator-related messages end when the relevant access entitlement ends.

1.5 Invitations and Activation by Operators

Users may register on the Platform either via invitations issued by an Operator or via public registration options provided by an Operator (e.g. registration link or QR code).

Final activation of a User for a specific Operator, as well as the assignment of memberships, products or roles, is carried out exclusively by the respective Operator.

Users have no entitlement to activation or assignment of specific services.

1.6 User Consent

The User confirms that they were able to review, save and print these Terms and Conditions prior to concluding the contract. The Provider is entitled to electronically store the time and version of the User’s consent.

§ 2 Subject Matter of the Contract, Platform Services

2.1 Subject of the Contract

The subject matter of the contract between the Provider and the User is the free or paid provision of the StayFit24 Platform for use by the User in accordance with these Terms.

The Provider enables the User in particular to:

• create and manage a user account,
• view offers provided by Operators,
• book, manage and review services offered by Operators,
• use platform-related functions (e.g. booking history, profile settings, communication functions).

2.2 No Performance of Services by the Provider

The Provider does not itself provide any sports, training, leisure, educational or comparable services.

All services displayed or bookable via the Platform are offered and performed exclusively by the respective Operator in its own name and for its own account.

The Provider does not become a contractual party to any agreements concluded between Users and Operators.

2.3 No Influence on Operator Offers

The Provider has no influence on:

• the content, scope or quality of services offered by Operators,
• prices, durations, cancellation or refund conditions,
• availability of courses, events or resources,
• the actual performance of the services.

In particular, the Provider does not guarantee that displayed offers are current, available or free of errors.

2.4 Contract Conclusion Between User and Operator

By booking a service via the Platform, a contractual relationship is concluded exclusively between the User and the respective Operator.

Rights and obligations arising from such contractual relationship exist solely between the User and the Operator.

The Provider is not obliged to review, enforce or mediate claims arising from such contractual relationships.

2.5 Use of Multiple Operators

The User may use a single user account to book and manage services from multiple Operators.

Each booking constitutes a separate contractual relationship between the User and the respective Operator.

Rights or claims arising from one Operator relationship do not affect other Operator relationships.

2.6 No Guarantee of Platform Functions

The Provider does not owe any specific functionality, scope of functions or availability of the Platform unless expressly agreed otherwise.

In particular, the Provider is not obliged to permanently provide or maintain specific functions in unchanged form.

2.7 Use Without a User Account

Certain system functions may be used without prior registration or creation of a user account. This includes in particular:

• viewing public course or occupancy schedules,
• submitting contact or participation enquiries (e.g. trial sessions),
• booking services (e.g. court bookings), provided this is enabled by the respective Operator. In such cases, no user contract regarding the Platform is concluded between the User and the Provider.

Guest bookings and guest enquiries are likewise restricted to adults. Before submitting a binding request, the guest must expressly confirm that they are at least 18 years old. The confirmation is recorded together with its timestamp and the applicable version of the age policy. Booking for a participating minor, including by an adult third party, is not currently supported.

§ 3 Contract Conclusion, Duration, User Account

The User has no entitlement to the use of specific functions or to the Platform as a whole. The use of the Platform is generally free of charge for Users unless explicitly stated otherwise for specific paid features.

3.1 User Account and Platform Use

A usage contract regarding the Platform is concluded between the Provider and the User only if the User creates a personal user account and this account is activated or confirmed by the respective Operator.

3.2 Registration and User Account

Use of the Platform generally requires the creation of a personal user account.

Registration is possible if:

• the User has been invited by an Operator, or
• the User uses a registration link provided by an Operator.

Registration may technically be carried out using external authentication services (e.g. Google). However, use of such services does not replace the required invitation or registration option provided by an Operator.

There is no entitlement to registration or use of the Platform.

Where permitted by the Operator, Users may also enquire about or book services without creating a user account.

Where a User merely submits an enquiry (e.g. trial training or contact request), no contract is concluded.

The Operator decides at its own discretion whether to invite or activate a User.

In the case of bookings without a user account (“guest bookings”), the contract for the booked service is concluded directly between the User and the Operator.

The Provider does not become a contractual party and assumes no responsibility for the performance of such services.

3.3 Activation by the Operator

Registration alone does not entitle the User to access services of an Operator.

Activation of the User, as well as assignment to memberships, products or roles (e.g. member, trainer), is carried out exclusively by the respective Operator.

The Provider has no influence on an Operator’s decision to activate, reject or block a User.

Without invitation or activation by at least one Operator, a user account cannot be created or used.

Existing user accounts may be linked to additional Operators following invitation or activation.

User accounts are not limited to a single Operator.

Contractual relationships for booked services exist exclusively between the User and the respective Operator.

3.4 Unified User Account / Multiple Use

The user account is not restricted to a single Operator.

Users may use one user account with multiple Operators, provided corresponding activation is granted.

Termination or cancellation of the contractual relationship with one Operator does not affect the existence of the user account itself.

3.5 Contract Duration and Termination

The contract between the Provider and the User is concluded for an indefinite period.

The User may terminate the contract at any time by deleting their user account.

The Provider is entitled to block or delete the user account for good cause, in particular in the event of:

• violations of these Terms,
• misuse of the Platform,
• unlawful actions by the User,
• technical or security-related reasons.

Legal relationships between the User and individual Operators remain unaffected.

Upon deletion of the user account, the User’s personal data will generally be deleted or anonymised unless statutory retention obligations or legitimate interests require continued storage.

Data required to fulfil legal obligations, contractual processing with Operators or evidentiary purposes (e.g. booking, billing or transaction data) may be retained to the extent legally permissible.

Deletion of the user account does not affect existing contractual relationships between the User and Operators.

The User remains obliged to pay for booked services and to fulfil any existing obligations.

Cancellation, restriction, or expiry of an Operator's StayFit24 plan does not terminate a membership or contract between the User and the Operator. New bookings or membership-fee collections through the Platform may be technically paused from the plan end. The Operator remains the contact for contract continuity, cancellation, alternative payment methods, outstanding fees, and refunds. Payment transactions or disputes already initiated may continue to be processed by the payment service provider.

3.5a Termination Due to Prolonged Non-Use

The Provider is entitled to terminate and delete the free user account if it has not been used for 24 months. Operator accounts without an active sports club may be terminated after 12 months, and sports club setups that were never completed after 6 months. Registrations whose email address was never confirmed may be deleted after 90 days.

Use means the last sign-in, the last use of the application, the last booking and the last change to a connection with an Operator. Signing in is not required for something to count as use.

Before the deletion the Provider notifies the user twice in text form to the stored email address, 30 and 7 days before the scheduled deletion date. Each notification states the exact date and offers a way to object without signing in. If the user objects or signs in, the account is retained. Registrations without a confirmed email address are deleted without prior notice, as no confirmed means of contact exists for them.

Termination under this section does not take place while an active or paused membership, a future booking, a future appointment assignment as a trainer, an own sports club that has not been closed, or an outstanding claim exists.

Existing contractual relationships between the user and individual Operators remain unaffected. Section 3.5 applies accordingly to the consequences of the deletion.

3.6 Access Data and Security

The User is obliged to keep their access credentials confidential and to protect them against unauthorised access by third parties. The Provider may offer additional security features (e.g. two-factor authentication or passkeys). Where such features are voluntary, there is no obligation to use them. The User is liable for all activities carried out using their user account unless the User proves that they are not responsible.

3.7 Accuracy of Information

The User undertakes to provide truthful information during registration and to keep their contact details up to date insofar as required for use of the Platform.

3.8 Minimum Age

Creating and using a personal user account is permitted only to persons who have reached the age of 18. By expressly confirming this during registration, the User declares that they are at least 18 years old. If a date of birth is provided, it must confirm that the User is of age. The same age threshold applies to bookings and enquiries without a User Account.

§ 4 Registration Process and User Account

4.1 Personal User Account

The user account is personal and non-transferable.

The User is not permitted to grant third parties access to their user account or to allow multiple persons to use the account simultaneously.

4.2 Use with Multiple Operators

A user account may be used – subject to invitation or activation – with multiple Operators.

Rights, obligations, memberships and bookings exist exclusively in relation to the respective Operator.

4.3 Roles and Permissions

Roles and permissions assigned to the User within the Platform (e.g. member, trainer, administrator) are granted exclusively by the respective Operator.

The Provider has no influence on the scope, content or withdrawal of such permissions.

4.4 Profile Information

The User is responsible for the accuracy of the information stored in their user profile.

Operator-specific profile information (e.g. internal role descriptions) may differ between Operators.

4.5 Blocking and Restrictions

The Provider is entitled to temporarily or permanently block access to the user account if:

• these Terms are violated,
• the Platform is misused,
• statutory obligations require such action, or
• security or technical reasons make such action necessary.

4.6 Consequences of Blocking

There is no entitlement to restoration of a blocked or deleted user account. Contractual relationships between the User and individual Operators remain unaffected.

4.7 Adjustment of Roles and Permissions

The respective Operator is entitled to assign, modify or revoke roles and access rights within the Platform as technically supported. The User has no entitlement to retain specific permissions or access rights. The Provider is not responsible for the scope, content or modification of such permissions.

4.8 Temporary Blocking of Access by the Operator

The Operator is entitled to temporarily block a User's access to its own club or studio area on the Platform where there is an objective reason to do so, in particular in the event of

• a suspicion that the account is being used by another person (e.g. after a lost device or a phishing incident),
• a ban from the premises or an on-site incident,
• misuse of Platform features (e.g. harassment of other users, spam, inaccurate reviews, repeated bookings without showing up),
• a suspicion that someone else's membership is being used, or a pending identity check.

Any such block must be limited to what is necessary and to a reasonable period of time; it must be lifted as soon as the underlying reason no longer applies.

The User is informed of the block together with its reason and is given an opportunity to respond to the Operator.

A block does not affect existing contracts. Membership and usage agreements between the User and the Operator, the resulting payment obligations as well as notice periods and termination rights remain unchanged. In particular, a block does not replace a termination and must not be used to circumvent contractual obligations or deadlines.

A block takes effect solely within the area of the respective Operator. Access to other Operators the User is registered with, as well as the user account itself, remain unaffected.

§ 5 Offers, Bookings, Payments, Cancellation, Misuse

5.1 Presentation of Offers

All sports, fitness and leisure offers displayed on the Platform are provided exclusively by the respective Operator.

The Provider does not guarantee:

• accuracy, completeness or timeliness of the offers,
• prices, availability or schedules,
• actual performance of the services.

Only the Operator’s information at the time of booking is binding.

5.2 Booking of Services

a) Operator Offers Operators may offer various products, memberships and additional services via the Platform, including in particular:

• single or multi-use tickets,
• time-limited or content-limited products,
• memberships with fixed or variable usage rights,
• family, partner or multi-person models,
• additional services or items.

The content, scope, duration and billing of such products are determined exclusively by the Operator.

The Provider does not guarantee suitability for individual user needs.

b) Bookings and Booking Requests Users may book or request services via the Platform if enabled by the Operator.

Bookings may be:

• binding direct bookings, or
• non-binding booking or contact requests.

Whether a booking is binding is determined by the respective offer description.

For bookings without a user account (“guest bookings”), the Platform is used solely for technical processing.

No usage contract is concluded between the User and the Provider in such cases.

5.3 Contract Conclusion Between User and Operator

A contract is concluded exclusively between the User and the respective Operator upon booking.

The Provider does not become a contractual party and assumes no responsibility for contract fulfilment.

5.4 Prices and Fees

Prices for services are determined by the respective Operator and displayed on the Platform.

Unless otherwise stated, prices include applicable statutory value-added tax (VAT).

5.5 Payment Processing

Where Operators offer online payments, payment processing is carried out via external payment service providers (e.g. Stripe, PayPal or comparable providers).

Payments are made in the name and for the account of the respective Operator.

The Provider is neither a payment service provider nor a debt collection agency.

The Provider assumes no responsibility for:

• payment processing,
• refunds,
• cancellations,
• chargebacks.

The economic risk regarding performance and solvency of the Operator is borne exclusively by the User.

Claims for refunds against the Provider exist only if payments have not yet been forwarded to the Operator or payment service provider.

In particular, the Provider does not guarantee the solvency of the Operator.

If a payment fails or is declined by the payment service provider, the contract with the Operator may nevertheless be concluded if the booking has already been confirmed.

The Operator may offer alternative payment methods or cancel the booking.

5.6 Cancellation, Refunds and Non-Performance

a) Memberships, Terms, Cancellation and Suspension

Where Operators offer memberships or recurring products via the Platform, such offerings may in particular provide for:

• fixed or variable contract terms,
• different billing periods (e.g. weekly, monthly, annually),
• notice periods for cancellation,
• minimum contract durations,
• suspension or pause options.

The specific conditions governing cancellation, suspension, billing and contract duration are determined exclusively by the respective Operator and are displayed to the User as part of the relevant offer or during the booking process.

The Provider has no influence on these conditions and does not guarantee that

• cancellations or suspensions are possible at a specific time,
• suspensions are free of charge or subject to fees, or
• billing periods can be shortened or extended.

Any claims relating to the cancellation, suspension or billing of memberships must be asserted exclusively against the respective Operator.

Where the Platform provides technical functions allowing Users to submit cancellation or suspension requests, such declarations are transmitted solely as a technical communication to the respective Operator.

Whether, from which date and under which conditions a cancellation or suspension becomes effective is governed exclusively by the conditions defined by the Operator.

The Operator may provide that a cancellation or suspension requires confirmation or may be rejected for legitimate reasons.

The Provider assumes no responsibility for the review, approval, rejection or legal effectiveness of such declarations.

Where a suspension is confirmed by the Operator, the Platform collects no membership fee for the affected billing periods, and no bookings can be made with the suspended membership during that time. A suspension extends neither the contract term nor a minimum contract duration, and it does not postpone a cancellation date that has already been declared. Deviating arrangements made by the Operator — such as extending the term by the suspension period or pro-rata billing — remain unaffected and must be implemented by the Operator outside the Platform.

b) Cancellation, Withdrawal and Refund Policies Cancellation, withdrawal and refund policies are determined exclusively by the Operator.

The Provider has no influence on:

• granting or denying cancellations,
• refunds or credits,
• performance or cancellation of services.

Claims must be asserted exclusively against the Operator.

c) Changes or Cancellations by the Operator Operators may change or cancel services, including:

• rescheduling,
• cancellations,
• content or process changes,
• replacement of trainers or responsible personnel.

Where a booking is affected, the Operator may notify the User via the Platform.

No claims against the Provider arise from such changes.

5.7 Failure to Attend

If the User fails to attend a booked appointment or arrives late, the Operator’s conditions apply.

The Provider assumes no responsibility.

The User acknowledges that Operators may be entitled to retain fees in whole or in part in the event of non-attendance or late attendance.

The Provider has no influence over such policies and assumes no responsibility for their application.

5.8 Voluntary Goodwill Measures

The Provider may grant voluntary goodwill benefits (e.g. vouchers or credits) without recognising any legal obligation.

There is no entitlement to such benefits.

5.9 Misuse and Prohibited Use

Users are prohibited from:

• providing false or misleading information,
• making abusive or systematic bookings or cancellations,
• circumventing technical safeguards,
• using the Platform for unlawful purposes.

In the event of suspected misuse, the Provider may:

• block or cancel bookings,
• suspend or delete the user account.

§ 6 Platform Availability, Force Majeure

6.1 Technical Provision

The Platform is provided within the scope of technical and operational capabilities.

There is no entitlement to uninterrupted or error-free availability.

6.2 Maintenance and Development

The Provider may temporarily restrict or interrupt the Platform for:

• maintenance,
• development,
• error resolution,
• security reasons,
• statutory or regulatory requirements.

Planned maintenance will be carried out outside normal usage hours where possible.

6.3 Dependency on Third Parties

The Provider may use third-party services for:

• hosting,
• payment processing,
• authentication,
• communication or security services.

Disruptions caused by third-party services outside the Provider’s control do not constitute a breach of duty.

6.4 No Responsibility for Operator Services

Availability of Operator services depends exclusively on the Operator.

The Provider does not guarantee execution of displayed offers.

6.5 Force Majeure

Events beyond the Provider’s control release the Provider from performance obligations for the duration of the event.

Force majeure includes in particular:

• natural disasters,
• war, terrorism, civil unrest,
• strikes,
• failures of public communication networks,
• governmental measures.

§ 7 Performance of Services and Support

7.1 Technical Provision

The Provider supplies the Platform solely within the scope of its technical and operational capabilities.

The Provider owes only the technical availability of the Platform functionalities, not the provision of sports, fitness or leisure services.

7.2 No Service Performance by the Provider

The Provider does not provide any services to the User in relation to the services offered or booked via the Platform.

In particular, the Provider assumes no responsibility for:

• execution, quality or success of services,
• cancellation, postponement or modification of courses or bookings,
• conduct of trainers, staff or other persons engaged by the Operator.

7.3 Technical Support

The Provider may offer technical support regarding use of the Platform.

Support is limited to:

• technical Platform functionality,
• general usage information.

There is no entitlement to specific response times, availability or problem resolution.

7.4 No Support for Operator Services

The Provider does not provide support for:

• Operator content, prices or conditions,
• memberships, cancellations or suspensions,
• refunds or billing issues,
• disputes between Users and Operators.

Users must contact the respective Operator directly.

7.5 Platform Development and Restrictions

The Provider may:

• modify, expand or restrict Platform functions,
• discontinue functions temporarily or permanently,
• perform technical maintenance or security measures.

No claims arise from such changes.

§ 8 Updates, Changes and Platform Development

8.1 Continuous Development

The Provider continuously develops the Platform and may implement updates, changes or improvements at any time.

This includes:

• technical adaptations,
• security updates,
• bug fixes,
• performance improvements,
• UI or UX changes.

8.2 No Feature Guarantee

The Provider does not guarantee the permanent availability of specific features, modules or content.

Users have no entitlement to an unchanged functional scope.

8.3 Reasonableness of Changes

Changes are permissible provided they are reasonable, consider Users’ legitimate interests and do not fundamentally alter the nature of the Platform.

8.4 New or Paid Features

The Provider may offer new features separately or make them subject to additional requirements or fees.

There is no entitlement to use new features.

§ 9 Prohibited Use

9.1 Contractual Use

Users may use the Platform exclusively within the intended functions and for lawful purposes.

9.2 Unlawful Content and Conduct

Users must not engage in conduct or content that:

• violates applicable law,
• infringes third-party rights,
• is criminal, misleading or fraudulent.

9.3 Abuse of the Platform

Users must not:

• misuse bookings or cancellations,
• use false identities,
• manipulate communication or reviews,
• bypass technical safeguards.

9.4 Technical Interference

Users must not:

• manipulate the Platform or its functions,
• use automated access mechanisms unless permitted,
• exploit security vulnerabilities.

9.5 Multiple Accounts and Credential Sharing

Users must not create multiple accounts without justification or share login credentials with third parties.

9.6 Measures in Case of Violations

In case of violations, the Provider may:

• remove or disable content,
• block bookings,
• suspend or delete user accounts.

Further rights remain unaffected.

§ 10 User Obligations and Cooperation

10.1 Accurate Information

Users must provide truthful and complete information during registration and bookings.

Relevant changes must be updated without undue delay.

10.2 Account Security

Users may only use their account personally and must protect their access credentials.

10.3 Cooperation in Bookings

Users must:

• book services with genuine intent,
• comply with Operator conditions,
• cancel bookings in due time if prevented.

10.4 Conduct and Communication

Users must communicate respectfully and fairly with Operators, trainers, staff and other users.

Harassing, abusive or discriminatory behaviour is prohibited.

10.5 User-Generated Content

Where Users upload content (e.g. profile images, messages), they warrant that:

• they are authorised to do so,
• no third-party rights are infringed.

The Provider is not obliged to review such content.

10.6 Consequences of Breach

In case of breach, the Provider may take appropriate measures, including:

• restricting bookings or functions,
• removing content,
• suspending or deleting the user account.

10.7 Communication Features

The Platform may provide functions enabling communication between Users, Operators and their staff (e.g. messages, notifications). The Provider merely provides the technical infrastructure and assumes no responsibility for the content, accuracy or legality of such communications. The User is obliged to use communication features in a factual and lawful manner. After an Operator-related access entitlement ends, existing conversations may remain readable for the applicable retention period; new messages and changes are no longer possible. A confirmed platform-wide friendship remains unaffected.

10.8 Reviews and Feedback

Where the Platform provides functionality for reviewing services, Users may only submit reviews that are truthful and objective.

The Provider is not obliged to review such content in advance and does not adopt such content as its own.

The Provider is entitled to remove reviews that violate applicable law or these Terms.

10.9 Notices and Reports

The Platform may provide functions through which Users and other third parties can report profiles, offers and content they consider unlawful, incorrect, misleading or abusive.

Notices must be truthful to the best of the reporting person's knowledge, sufficiently specific and submitted in good faith. Knowingly false, manipulative, harassing or automated mass reporting is prohibited.

The Provider reviews notices in a timely, diligent, objective and non-arbitrary manner. A notice does not automatically result in a restriction or removal. Where contact details are available, the Provider informs the reporting person of its decision in accordance with statutory requirements. There is no entitlement to a particular decision or measure.

§ 11 Right of Withdrawal

11.1 Right of Withdrawal for Platform Use

If the User enters into a paid contract with the Provider for the use of the Platform, the User is entitled to a statutory right of withdrawal, provided the User qualifies as a consumer under applicable law.

The User may withdraw from the contract within 14 days without giving reasons.

The withdrawal period shall be 14 days from the date of contract conclusion.

To exercise the right of withdrawal, the User must inform the Provider by a clear statement (e.g. by email) of the decision to withdraw.

Timely dispatch of the withdrawal notice before expiry of the withdrawal period shall suffice.

Currently, the Provider generally does not offer paid Platform services to Users.

11.2 Consequences of Withdrawal

If the User withdraws from the Platform contract, the Provider shall refund all payments received from the User without undue delay and no later than 14 days from receipt of the withdrawal notice.

Refunds shall be made using the same payment method used for the original transaction, unless expressly agreed otherwise.

11.3 Expiry of the Right of Withdrawal

The right of withdrawal shall expire if:

• the Provider has begun performance of the service,
• the User has expressly consented to commencement before expiry of the withdrawal period, and
• the User has acknowledged that the right of withdrawal is lost upon commencement.

This applies in particular to immediate activation of paid Platform features.

11.4 No Withdrawal Right for Operator Services

The right of withdrawal applies exclusively to contracts between the User and the Provider.

It does not apply to contracts for sports, fitness or leisure services offered by Operators.

Whether and to what extent a withdrawal right exists for Operator services depends solely on:

• statutory provisions, and
• the Operator’s contractual terms.

The Provider is not obliged to process withdrawals or refunds on behalf of Operators.

11.5 Exclusion or Expiry for Operator Services

A right of withdrawal may be excluded or expire early, in particular where:

• services relate to leisure activities for a specific date or period, or
• the Operator has fully performed the service.

Users are informed of this exclusively by the Operator.

11.6 Guest Bookings

For bookings made without a user account (“guest bookings”), no contract is concluded between the User and the Provider.

No right of withdrawal exists vis-à-vis the Provider in such cases.

11.7 Gift Vouchers and Electronic Withdrawal Function

The respective Operator issues the gift voucher in its own name and for its own account. The purchase creates a contract exclusively between the User and the Operator. The Provider is neither the issuer of the voucher nor the debtor of the voucher balance and assumes no obligation of its own to redeem or refund the voucher or perform the underlying services.

Where a statutory right of withdrawal applies to that contract, the User may use the electronic withdrawal function provided on the Platform. The Platform technically transmits the withdrawal declaration to the Operator, records its receipt and confirms it to the User on a durable medium. This technical transmission does not make the Provider a party to the voucher contract or the recipient of the withdrawal in its own name.

The Platform does not decide on the legal effectiveness of the withdrawal. The Operator remains solely responsible for reviewing the declaration, reversing the transaction and issuing any refund. Administratively blocking a voucher only prevents further redemption; it does not itself constitute a withdrawal or refund.

§ 12 Liability (B2C)

12.1 Principle of Limited Liability

The Provider shall be liable to the User exclusively in accordance with the following provisions.

The Provider is not liable for services, content or contractual relationships between Users and Operators.

12.2 Unlimited Liability

The Provider shall be liable without limitation:

• in cases of intent or gross negligence,
• for culpable injury to life, body or health,
• under the Product Liability Act,
• where an explicit guarantee has been assumed or a defect fraudulently concealed.

12.3 Liability for Simple Negligence

In cases of simple negligence, the Provider shall only be liable for breach of essential contractual obligations (cardinal obligations).

Essential obligations are those:

• whose fulfilment enables proper use of the Platform, and
• on whose compliance the User may regularly rely.

In such cases, liability is limited to foreseeable, typical damages at the time of contract conclusion.

12.4 Exclusion of Liability Otherwise

Any further liability of the Provider is excluded, regardless of legal basis.

This applies in particular to damages resulting from:

• Platform outages or restrictions,
• incorrect or outdated Operator information,
• cancelled or modified services,
• non-performance or poor performance by Operators,
• loss or limitation of functionality,
• measures or failures of third-party providers (e.g. hosting, payment or authentication services).

12.5 Exclusion of Liability for Operator Services

The Provider is not liable for:

• execution, quality or safety of sports, fitness or leisure activities,
• availability of courses, trainers, facilities or venues,
• Operator decisions regarding approval, suspension or termination of Users,
• refunds, cancellations or contractual changes by Operators.

Claims must be asserted exclusively against the respective Operator.

12.6 User-Generated Content

The Provider assumes no responsibility for content uploaded or published by Users or Operators.

Such content is not reviewed for accuracy, completeness, legality or timeliness and is not adopted as the Provider’s own.

12.7 Data Loss

The Provider is not liable for data loss unless caused by intent or gross negligence. Users are responsible for backing up their data where technically possible.

12.8 Employees and Agents

The above liability limitations also apply in favour of the Provider’s legal representatives, employees and agents.

12.9 No Reversal of Burden of Proof

These provisions do not imply a reversal of the statutory burden of proof.

§ 13 Data Protection (B2C)

13.1 General

The Provider processes personal data of Users exclusively in accordance with applicable data protection laws, in particular the GDPR.

Further information on data processing, purposes, legal bases and data subject rights is available in the Provider’s separate Privacy Policy.

13.2 Responsibility for Data Processing

a) Platform-related Processing The Provider is the data controller for processing related to:

• user account registration and management,
• technical provision of the Platform,
• platform-wide user management,
• security measures and misuse prevention.

b) Operator-related Processing Operators are the sole controllers for processing related to:

• bookings,
• memberships,
• course or facility management,
• payment processing,
• communication regarding Operator services.

The Provider processes such data solely as a technical service provider or data processor on behalf of the Operator.

c) Health-related Data / Notes Where Users or Operators voluntarily provide health-related information:

• provision is voluntary,
• processing is limited to organisational purposes,
• processing is based on explicit consent under Art. 9(2)(a) GDPR.

Users are not obliged to provide health-related data.

The Provider processes such data solely for technical Platform provision and, where applicable, as a data processor for the Operator.

13.3 Data Transfer to Operators

Users acknowledge that their personal data is transferred to the respective Operator where necessary for:

• bookings,
• memberships or product management,
• communication regarding Operator services.

The Provider has no influence on the nature, scope or duration of Operator processing.

13.4 Guest Bookings

For guest bookings, only data necessary for the specific booking or enquiry is processed.

Primary data processing is carried out by the Operator; the Provider acts solely as a technical intermediary.

13.5 Third-Party Services

The Provider may engage external service providers, in particular for:

• hosting,
• payment processing,
• authentication,
• security and communication services.

Where personal data is processed, this occurs in compliance with data protection requirements, including appropriate processing agreements or safeguards.

13.6 Multiple Operator Associations

A user account may be linked to multiple Operators.

Each Operator receives access only to data required for its respective contractual relationship.

No automatic data exchange between Operators takes place.

13.7 Account Deletion

Users may delete their account at any time.

Personal data shall be deleted or anonymised unless:

• statutory retention obligations apply, or
• legitimate interests of the Provider or an Operator require continued storage.

Mandatory retention data shall be blocked for other purposes.

Deletion of the account does not affect contractual relationships between Users and Operators.

13.8 Data Subject Rights

Users have the right to:

• access,
• rectification,
• erasure or restriction,
• data portability,
• objection,
• withdrawal of consent with effect for the future.

Rights relating to Operator processing must be exercised against the respective Operator.

13.9 Complaint

Users may lodge a complaint with a supervisory authority if they believe data processing violates applicable law.

13.10 Voluntary Additional Information

The Platform may provide functions allowing:

• Operators to create internal notes about Users, and
• Users to store voluntary information in their profiles.

Such use is voluntary.

Health-related information is processed only based on explicit user consent.

Operator notes are visible only to the respective Operator.

The Provider assumes no responsibility for content accuracy or Operator use.

§ 14 Mediation and Out-of-Court Dispute Resolution

(1) The Provider endeavours to resolve disputes amicably and out of court.

(2) Users are not obliged to participate in dispute resolution proceedings.

(3) The Provider is neither obliged nor willing to participate in dispute resolution before a consumer arbitration board, unless explicitly stated otherwise.

(4) The User’s right to seek judicial remedies remains unaffected.

§ 15 Governing Law, Jurisdiction and Final Provisions

15.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Mandatory consumer protection provisions of the User’s country of residence remain unaffected.

15.2 Jurisdiction

For Users who are merchants or legal entities under public law, exclusive jurisdiction shall be the Provider’s registered office.

For consumers, statutory jurisdiction rules apply.

15.3 Contract Language

The contract language is German. Any English version is provided for convenience only. In case of discrepancies, the German version shall prevail.

15.4 Severability Clause

Should any provision of these Terms be invalid or unenforceable, the remaining provisions shall remain unaffected.

The invalid provision shall be replaced by a provision that most closely reflects the economic intent of the original clause.