General Terms and Conditions

Version 1. 4 effective from 01. 08. 2026

§ 1 Scope

1. These General Terms and Conditions (“GTC”) apply to all contractual relationships between Frank and Melanie Kerschbaum “Sakura Rope”, Stuttgarter Straße 42/2; 71701 Schwieberdingen (hereinafter “SakuraRope”) and the customer/consumer (Section 13 of the German Civil Code (BGB)—a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession), in the version applicable at the time the contract is concluded. 
2. These GTC apply to all agreements concluded between the parties, even if they do not expressly refer to the GTC. The customer’s conflicting terms and conditions do not apply, even if SakuraRope does not expressly object to them. Individual agreements take precedence over these GTC; this does not apply to the customer’s pre-formulated contractual terms.

§ 2 Services

Details of the services provided can be found in the service, event or course descriptions published on the following websites:

• www.sakura-rope.de/workshop_unterricht and following pages.
• www.sakura-rope.de/events and following pages.
• www.joyclub.de/profile/veranstaltungen/1747337.sakura_rope.html
• as well as SakuraRope on Fetlife.com

are set out. No additional verbal agreements are made.

This excludes individual training and lessons in a 1:1 setting.

§ 3 Contract Formation

1. The presentation and description of services on our website www.sakura-rope.de and the service listings on the associated profiles on social media channels such as JoyClub or Fetlife and other social media platforms do not constitute a legally binding offer to enter into a contract; they are merely a non-binding invitation to consumers to book services.
2. Consumers may enquire about the service they wish to book by email an mail@sakura-rope.de, üvia the registration and contact forms on the website, or register through social media platforms (JoyClub, Fetlife, etc.). The contract for participation in a:
3. Rope meetup or event is concluded electronically via the registration form on the website (www.sakura-rope.de) or by registering via JoyClub or Fetlife. Once confirmed by SakuraRope, the contract is binding for both parties.
4. A one-day or multi-day workshop, private lesson or training session is concluded electronically via the registration form on the website (www.sakura-rope.de) or by registering via JoyClub or Fetlife. When registering via JoyClub or Fetlife, the customer must provide an email address for further processing of the contract. Once confirmed by SakuraRope, the contract is binding for both parties.
5. If a booking is made for a:
6. Rope meetup, SakuraRope will send a booking confirmation by email or ClubMail (JoyClub), or a message on Fetlife, depending on how you registered.
7. Workshop, private lesson or event, SakuraRope will send a booking confirmation by email, setting out the contract details and terms and conditions.
8. Full payment of the participation fee is required to attend a workshop, private lesson, event or similar.
9. Consumers must be at least 18 years old. You confirm that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement under these terms and to use the services and purchase products. 

§ 4 Prices, Payment Terms and Late Payment

1. The prices shown are final prices and include VAT. The amount payable is the amount displayed at the time of binding registration.
2. Participation fees are due immediately after the contract is concluded or by the payment deadlines stated in the booking confirmation. 
3. Payments for bookings must be made by one of the following methods:
4. Rope meetups – in advance via PayPal (friends and family payment) or in cash on the day. If you repeatedly fail to show up (“no-show”) or cancel at very short notice, we reserve the right to require payment in advance or collect it afterward.
5. Workshops, intensive courses or events – payment must be made in advance by bank transfer or PayPal (friends and family payment), in accordance with the payment terms stated in the booking confirmation.

§ 5 Late Payment

1. In the event of late payment, all amounts owed by the contractual partner to SakuraRope become immediately due. SakuraRope is also entitled to withhold further services or provide them only against advance payment.
2. SakuraRope is also entitled to claim default interest at a rate of 5 percentage points above the base interest rate announced by the Deutsche Bundesbank at the time of the order, per annum.
3. If SakuraRope can prove that it has incurred greater damages due to the delay, it is entitled to claim those damages.

§ 6 Cancellation of an event by the organiser

1. SakuraRope may withdraw from the contract up to one week before the event if the minimum number of participants (as stated in the event listing) is not reached. Participants will be notified immediately and any amounts paid for the event will be refunded without delay. 
2. If an event cannot take place due to unforeseen circumstances or insurmountable obstacles, SakuraRope may cancel at short notice and will notify participants immediately. An alternative date will be offered, or any amounts paid for the event will be refunded.

§ 7 Cancellation Policy (Right of withdrawal)

1. For multi-part workshops and courses, the customer may cancel as follows:
2. In the event of full cancellation, the following administration and cancellation fees apply:
3. up to four weeks before the course starts (first session): 50% of the total course fee.
4. during an ongoing module course cycle: 50% of the remaining course modules.
5. The applicable cancellation and administration fee is still due even if a replacement participant is found.
6. If you cannot attend a course session, the full fee for the booked module must still be paid. The module can be made up or covered in a one-to-one private lesson, at an agreed time before the next module and for an additional fee . The hourly rate may be reduced if other participants attend the same session to catch up or repeat the module.
7. If you cancel a booked course session less than 24 hours before it starts, or fail to attend without cancelling in advance (no-show), you are not entitled to a refund or credit for the participation fee.
8. Missing a module means you cannot continue attending the module course—in this case, §7 para. 1a.ii applies.
9. For private / one-to-one lessons, workshops (e.g. with guest instructors or on specific topics, RopeLabs) and training sessions (e.g. Kumite), the customer may cancel as follows:
10. Up to four weeks in advance, 50% of the workshop / course fee is due.
11. From three weeks in advance, 30% will be refunded.
12. From two weeks in advance, no refund is available.
13. For events (e.g. Rope Jams “Zendo” and “Kitsune”, Kinky Cinema, etc.), the customer may cancel (right of withdrawal under the contract) as follows:
14. Cancellations made at least 72 hours before the event starts are free of charge (3 days).
15. For cancellations made up to 48 hours before the event starts, we charge an administration and cancellation fee of 30% (2 days).
16. For cancellations made up to 24 hours before the event starts (1 day), we charge an administration and cancellation fee of 50%.
17. No later cancellation is possible. Even if the customer cancels their attendance and a replacement participant is found, 100% of the participation fee is due as a cancellation and administration fee.
18. Cancellationmust be made in writing.
19. The non-refundable amounts cover administration costs and cancellation fees.
20. If someone repeatedly fails to show up (“no-show”) or cancels at very short notice, we reserve the right to require full payment in advance or, as a last resort, exclude them from future events. A “no-show” is defined as failing to attend a booked event without giving notice, or cancelling after the event has started or so close to the start time that the place cannot normally be offered to someone else.
    

§ 8  Conducting classes (workshops, private lessons, training)

1. Customers may attend all booked classes offered at their level of experience. Where a particular class has specific entry requirements, the customer must meet them and, if required, submit a sample of their work before registering or attending. If the customer does not have the required level of knowledge, SakuraRope may adjust and reduce the learning objectives.
2. Appropriate clothing must be worn to class.
3. SakuraRope does not guarantee successful results from the content taught in classes, training sessions or workshops. Customers understand that the methods and techniques learned can only be successful with consistent application and ongoing practice, including outside of class.
4. Training will be tailored to the customer’s needs and the participants’ abilities, including their physical capabilities where relevant.
5. For multi-part workshops (modular workshops/courses), if in our assessment a participant does not meet the learning objectives for individual modules or jeopardises the group’s progress, SakuraRope reserves the right to remove them from the group class. The participant may catch up through individual training or switch entirely to private tuition. Any additional costs incurred must be paid by the participant. If the parties cannot reach an agreement, the cancellation terms in §5 apply.
6. Disruptive or aggressive individuals, and anyone under the influence of alcohol or drugs, will be permanently excluded from classes.

§ 9 Running events (rope meetup “Zendo” or similar) 

1. By booking, the participant agrees to the house rules and code of conduct/netiquette, including the legal notices contained therein. https://www.sakura-rope.de/Guidelines
2. All participants must follow the instructions of staff, the owner, and team members, and observe the posted house rules.

§ 10 Liability

1. Attending or visiting any SakuraRope event or class is at your own risk. Participants are expected to take personal responsibility at all SakuraRope training sessions, courses, workshops, and events. Participation and use of the facilities are at your own risk.
2. Customers and participants confirm that they are in good health for the chosen type of training and for attending classes and events. They are responsible for seeking medical advice if necessary.  If you have any physical or mental health conditions, you must get clearance from a doctor or medical professional before training begins.
3. Participants must inform the instructor of any existing physical complaints before each training session, and these must be taken into account.
4. SakuraRope accepts no liability for personal injury, property damage, financial loss, or health issues suffered by a customer or accompanying person as a result of participating, including through the use of exercises, instructor intervention, or equipment, or for accidents caused by the customer’s own actions.
5. Participants must follow the instructions of SakuraRope or its team members at all events.
6. Customers are solely liable for any damage they cause by breaching these Terms and Conditions or disregarding instructions from SakuraRope and its team members.
7. Customers bear the risk of illness or injury during training and participation in any events.
8. Team members, venue owners, and SakuraRope are liable for injury to life, body, or health only in cases of intentional or negligent breach of duty.
9. Team members, venue owners, and SakuraRope are liable for other damages only in cases of intentional or grossly negligent breach of duty.
10. Team members, venue owners, and SakuraRope accept no liability for damage caused by customers’ or participants’ negligent conduct.
11. Participants are responsible for looking after their personal belongings. Team members and SakuraRope accept no liability for loss.
12. SakuraRope and its team members accept no liability in the event of theft or loss of items, especially valuables.
13. If we, our legal representatives, or agents negligently breach essential contractual obligations—those necessary for the proper performance of the contract and on which the other party may ordinarily rely (cardinal obligations)—our liability is limited to the foreseeable damage that would typically be expected when the contract was entered into.
14. All other claims for damages are excluded.

§ 11 Right of withdrawal for consumer contracts

§ 12 Data Protection

1. SakuraRope is committed to complying with all data protection regulations applicable in the Federal Republic of Germany, in particular the GDPR and the BDSG.
2. SakuraRope collects the customer’s personal data for the purpose of performing the contract and fulfilling its contractual and pre-contractual obligations. The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) GDPR. As a rule, data is not shared with third parties unless required by law or necessary for performing the contract.
3. The data will be deleted as soon as it is no longer needed for the purpose for which it was processed, provided there is no legal retention obligation.
4. Customers may request, free of charge, information about all personal data held about them. Customers also have the right to data portability, erasure, rectification, restriction or blocking of their personal data. Questions and requests can be sent directly to SakuraRope.
5. The customer also has the right to lodge a complaint with a supervisory authority, without prejudice to any other administrative or judicial remedy, if they believe that SakuraRope’s data processing practices violate data protection regulations.
   

§ 13 Final Provisions

1. The customer may set off claims against SakuraRope's claims only if the customer's counterclaim is undisputed or has been established by a final court judgment, unless the claims relate to warranty rights. The customer may exercise a right of retention only where it is based on claims arising from the same contractual relationship.
2. The customer may not assign claims arising from the contractual relationship to third parties without SakuraRope's express written consent.
3. The contract concluded between SakuraRope and the customer is governed exclusively by the law of the Federal Republic of Germany, expressly excluding the UN Convention on Contracts for the International Sale of Goods.
4. If, contrary to the information provided when entering into the contract, the customer has no residence in the Federal Republic of Germany, moves their residence abroad after concluding the contract, or their residence is unknown when legal proceedings are initiated, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Ludwigsburg or Stuttgart.
5. SakuraRope reserves the right to amend these Terms and Conditions at any time. Any changes or additions to this contract must be made in writing.
   
6. Customers will be notified of changes in good time. Changes will be deemed accepted unless a written objection is received within 14 days.
7. If any provision of these Terms and Conditions is invalid, the validity of the remaining provisions shall not be affected. German law applies.
   Place of jurisdiction: Schwieberdingen. October 1, 2024.