AGB – General terms and conditions

AQUAPHINE

General Terms and Conditions
English translation for information only

aquaphine GmbH
Erich-Weinert-Str. 145 | 10409 Berlin
Managing Directors: Josephine Krause & Boris Krause
+49 (0)30 54 46 46 54 | info@aquaphine.de | info@tobeinsel.de

Version: October 16th 2026

English translation for information only. Only the German version is legally binding. The contractual language is German. In the event of any discrepancy, ambiguity or contradiction, the German version prevails.

Section 1 Scope and contractual language

1. These General Terms and Conditions apply to contracts for swimming, sports and other courses and leisure activities, and to the purchase of vouchers from aquaphine GmbH. They also apply in particular to services offered under the name TOBEinsel where aquaphine GmbH is the contracting party.

2. The customer's contracting party is aquaphine GmbH, Erich-Weinert-Str. 145, 10409 Berlin, Germany. The use of a brand or service name of aquaphine GmbH, in particular TOBEinsel, does not alter this.

3. The version of these Terms and Conditions validly incorporated when the respective contract was concluded applies to that contract. A subsequent amendment or publication of a new version does not alter existing contracts unless otherwise validly agreed.

4. Individual agreements made with the customer take precedence over these Terms and Conditions.

5. Information on courses, content, dates and prices may be published in particular on the websites of aquaphine GmbH. The specific offer accepted by the customer and the contractual terms incorporated at that time govern the individual contract.

6. The contractual language is German. Contractual documents and the legally binding Terms and Conditions are provided exclusively in German. Any English translation is provided solely for information; in the event of any discrepancy, ambiguity or contradiction, only the German version shall prevail.

Section 2 Formation of contracts for course bookings

1. Prospective customers may register their interest in courses through the websites of aquaphine GmbH or by other means. Registration or inclusion on a waiting list is non-binding and creates neither a contract nor an entitlement to a particular course place.

2. When a suitable place becomes available, aquaphine GmbH may make a specific course offer by telephone, email or another suitable means. The offer identifies in particular the course, the full course period with its start and end, the regular class time and the total course fee.

3. Before binding acceptance, the prospective customer is informed that these Terms and Conditions and the applicable house, pool and facility rules apply, and is given a reasonable opportunity to review them. They are made accessible in particular on the websites of aquaphine GmbH and may be provided by email before conclusion. By accepting the offer, the customer agrees to the contractual terms made available before conclusion.

4. The swimming, sports and other leisure courses are services relating to leisure activities for which a specific date or period is agreed. Under section 312g(2) no. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal for contracts for such scheduled courses. The customer is expressly informed of this before the binding booking. The voluntary cancellation and termination options in Section 4 remain unaffected.

5. A course contract may be concluded entirely by telephone. Before a binding telephone booking, aquaphine GmbH informs the customer in particular of the course, the relevant dates, the total course fee, the applicability of these Terms and Conditions and any relevant house, pool or facility rules, the required consumer information, and the absence of a statutory right of withdrawal for the specifically scheduled leisure course. The customer is expressly informed of the contractual terms published on the website.

6. The contract is concluded when the prospective customer, after receiving the above information, accepts the specific course offer by telephone or in text form, in particular by email. No special written form is required. Non-payment or late payment of a later invoice does not affect a contract already validly concluded.

7. After conclusion, the customer receives a contract or booking confirmation on a durable medium, normally by email, within a reasonable period and no later than before the course begins. The invoice, applicable Terms and Conditions and other relevant documents are supplied with or in connection with the confirmation. The confirmation again notes the absence of a statutory right of withdrawal for the scheduled course. Receipt of the invoice starts the voluntary seven-day free cancellation period under Section 4 but does not change the time of contract conclusion.

8. The rules on the absence of a statutory right of withdrawal apply only to specifically scheduled leisure services. Section 5 applies to unscheduled vouchers.

Section 3 Course fee, invoice and payment

1. The obligation to pay the agreed course fee arises when the contract is concluded. As a rule, the fee is due 14 calendar days before the course begins. If the contract is concluded fewer than 14 calendar days before the start, or the invoice is received only after that date, the fee is due on receipt of the invoice unless the invoice states a later due date.

2. The fee must be paid to the account stated on the invoice. Card payment on site may be agreed in advance.

3. Non-payment or late payment does not cancel the contract and does not constitute cancellation or termination. Termination is governed exclusively by Section 4.

4. If a due fee has not been paid, aquaphine GmbH may refuse participation until the due amount has been paid in full. The contract and payment obligation remain unaffected; the parties' statutory rights remain in force.

5. If the contract is validly cancelled or terminated under Section 4, the amount owed is determined by that Section. Payments exceeding that amount are refunded.

Section 4 Voluntary cancellation and termination of course bookings

1. Despite the absence of a statutory right of withdrawal for scheduled courses, the customer may cancel free of charge within seven calendar days after receipt of the invoice. At least one complete business day must lie between the day the cancellation is received by aquaphine GmbH and the start of the first class. Business days are Monday to Friday, excluding public holidays in Berlin.

2. If the requirements for free cancellation are not met, the customer may terminate the course contract unilaterally until the time specified in paragraph 6, subject to the following rules. A distinction is made between payment for classes already actually held and lump-sum damages resulting from early or short-notice termination.

3. Classes held before receipt of the termination must be paid for in proportion to the total course fee. If no separate price per class was agreed, the price of one class is the total course fee divided by the number of classes included.

4. In addition to payment for classes already held, a cancellation charge equal to the fee for two classes (twice the total course fee divided by the number of agreed classes) is payable. In justified individual cases, aquaphine may, by individual agreement, waive the cancellation charge in whole or in part as a gesture of goodwill; the customer has no entitlement to such a waiver. One of the first three upcoming classes is also taken into account as part of the lump-sum loss if no complete business day lies between the day cancellation or termination is received and the start of that class. The following scale applies:

a) If termination takes place after the free cancellation option has expired and sufficiently in advance of the first class for at least one complete business day to lie in between, only the cancellation charge equal to the fee for two classes under paragraph 4 is payable.

b) If there is no complete business day between receipt of termination and the first class, the first class and the cancellation charge are taken into account.

c) If the first class has taken place and at least one complete business day lies between receipt of termination and the second class, the first class and the cancellation charge are payable. If not, the second class is also taken into account.

d) If the first two classes have taken place and at least one complete business day lies between receipt of termination and the third class, those two classes and the cancellation charge are payable. If not, the third class is also taken into account.

e) If the first three classes have taken place and termination is still timely under paragraph 6, the first three classes and the cancellation charge are payable.

5. For the cancellation charge and any upcoming classes not yet actually held that are taken into account as lump-sum loss, the customer is expressly permitted to prove that no loss or a substantially lower loss occurred. The lump-sum damages are reduced accordingly. Payment for classes actually held remains unaffected. Replacement bookings for the course place and expenses saved are taken into account in determining the loss. The same loss is not charged more than once.

6. The voluntary unilateral termination option ends once there is no complete business day between receipt of termination and the start of the fourth class. Thereafter, ordinary early termination of the fixed-term course contract requires aquaphine GmbH's consent; there is no entitlement to consent. Either party's right to terminate for good cause and other mandatory statutory rights remain unaffected.

7. The total payment and lump-sum damages due under this Section may not exceed the agreed total course fee.

8. Cancellation or termination must be declared to aquaphine GmbH in text form, in particular by email. Timeliness depends on receipt by aquaphine GmbH.

Section 5 Right of withdrawal for unscheduled vouchers

1. This Section applies only to contracts for vouchers where no specific date or service period has been agreed when the contract is concluded and where the consumer has a statutory right of withdrawal. Scheduled swimming, sports and other leisure courses do not carry a statutory right of withdrawal under Section 2.

2. Withdrawal instructions. You have the right to withdraw from a contract for an unscheduled voucher within fourteen days without giving reasons. The withdrawal period is fourteen days from the day the contract is concluded. To exercise this right, you must inform aquaphine GmbH, Erich-Weinert-Str. 145, 10409 Berlin, Germany, email: info@aquaphine.de or info@tobeinsel.de, of your decision by an unequivocal statement, for example by email or letter. You may use the model withdrawal form below, but this is not mandatory. It is sufficient to send the notice before the withdrawal period expires.

3. Effects of withdrawal. If you withdraw, we will reimburse all payments received in connection with the withdrawn contract without undue delay and no later than fourteen days after receiving your notice. We generally use the same means of payment as for the original payment unless expressly agreed otherwise. No additional fees arise from an alternative agreement.

4. If a voucher is used to book a specifically scheduled leisure course, the rules for scheduled services apply. Before binding booking, the customer is informed that there is no statutory right of withdrawal; Section 4 remains unaffected.

5. Model withdrawal form. If you wish to withdraw, you may send the following information to aquaphine GmbH, Erich-Weinert-Str. 145, 10409 Berlin, Germany, email: info@aquaphine.de or info@tobeinsel.de: I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following voucher: ________. Ordered on (*): ________. Name of consumer(s): ________. Address of consumer(s): ________. Date: ________. Signature (only for paper notices): ________. (*) Delete as appropriate.

Section 6 Missed classes, illness and individual cancellations

1. If a participant misses a class for personal reasons, there is generally no entitlement to a make-up class or a pro-rata refund. Special rules for individual services and mandatory statutory rights remain unaffected.

2. If an unforeseen illness or physical impairment arising after contract conclusion is expected to last more than four weeks and is evidenced by a medical certificate, aquaphine GmbH may, as a gesture of goodwill, allow unused services to be taken later or permit a suitable substitute participant under the relevant course rules. There is no entitlement to a particular goodwill arrangement. Statutory rights, including any right to terminate for good cause, remain unaffected.

3. A substitute participant may generally be named for an individual missed class. In baby and children's courses, the substitute child's age may differ by no more than three months from that of the registered child. Substitutes are excluded for learn-to-swim courses and Bronze and Silver courses. Exceptions and permanent transfer of a course place require aquaphine GmbH's prior express consent.

4. Participants in AquaKugelbauch courses may make up individual missed classes during the agreed contract term at another offered time, provided a suitable place is available. There is no entitlement to a specific replacement time. Classes not made up during the term expire at its end.

5. If aquaphine GmbH cancels an individual class, it is generally made up or the pro-rata fee is refunded. A make-up may be arranged by extending the course by an additional date, normally one week. aquaphine GmbH decides, taking organisational possibilities into account, whether to provide a make-up or extension or a refund. Mandatory statutory rights remain unaffected.

Section 7 Operational changes, course cancellation and additional services

1. aquaphine GmbH may change instructors for objective or operational reasons.

2. If an entire course must be cancelled before it begins for organisational, staffing, technical or other objective reasons, fees already paid for that course are refunded in full. There is no entitlement to the course being held or to a replacement course. Further mandatory statutory rights remain unaffected.

3. If aquaphine GmbH is permanently unable to continue a course that has already started and the remaining classes cannot be made up, the amount attributable to the remaining classes is recorded as credit with aquaphine GmbH. At the customer's request, the credit is paid out instead. Further mandatory statutory rights remain unaffected.

4. For children's swimming courses with parental participation, aquaphine GmbH may schedule a session at which an external professional underwater photographer offers photographs. Unless expressly part of the booked service, aquaphine GmbH does not guarantee the third party's attendance or performance. There is no entitlement to a replacement photography date.

Section 8 Supervision, safety and conduct

1. Outside the agreed course time, supervision of minors remains with their legal guardians or appointed accompanying persons. This applies in particular while changing and on routes between changing and course or pool areas. Children must not enter the water or other course areas unsupervised before or after class.

2. Where aquaphine GmbH assumes supervision, it begins at the agreed start at the designated handover or course location and ends at the agreed finish. Participants must be handed over on time and collected promptly.

3. For services whose concept requires active participation or presence of a parent or accompanying person, supervision generally remains with that person. The instructor provides professional guidance and organises the course. Safety and conduct instructions must be followed.

4. For services attended by minors without parents or other supervisors, aquaphine GmbH assumes the supervision required for course operation during the agreed class time.

5. Participants and necessary accompanying persons may generally enter the designated premises 20 minutes before the course to change. This does not constitute early assumption of supervision by aquaphine GmbH.

6. Participants and accompanying persons must comply with the applicable house, pool, safety and facility rules and the instructions of staff and instructors. Safety-relevant limitations or other circumstances that may affect safe participation must be communicated to the instructor before the relevant class to the extent necessary; diagnoses need not be disclosed.

7. Participants, parents and accompanying persons are responsible for their own conduct, in particular for complying with safety and conduct instructions. They are liable under statutory rules for damage they themselves cause intentionally or negligently. Liability for damage caused by a child depends on the statutory requirements, in particular any breach of a duty of supervision; being a parent alone does not give rise to liability. Damage and other incidents must be reported to staff without undue delay. aquaphine GmbH's statutory duties of supervision, care, organisation and premises safety are not restricted.

Section 9 Liability and personal belongings

1. aquaphine GmbH has unlimited liability for damage caused by intentional or grossly negligent breach of duty by aquaphine GmbH, its legal representatives or vicarious agents. It also has unlimited liability for injury to life, body or health caused by an intentional or negligent breach of duty by those persons.

2. For a slightly negligent breach of a material contractual duty, aquaphine GmbH is liable for the resulting damage. Material duties are those whose fulfilment enables proper performance of the contract and on whose observance the customer may normally rely. To the extent legally permitted, liability in these cases is limited to damage foreseeable and typical for the contract when it was concluded.

3. Liability is excluded for other damage caused solely by slight negligence in breach of non-material duties.

4. aquaphine GmbH does not separately accept custody of personal belongings, clothing, valuables or other property. Use of lockers or other storage facilities, where available, is recommended. Liability for loss, damage or theft is governed exclusively by the preceding paragraphs.

5. Mandatory statutory liability remains unaffected.

Section 10 House, pool and facility rules

1. The house, pool and facility rules applicable at the venue supplement these Terms and Conditions. Participants and accompanying persons must comply with those rules and with applicable safety, hygiene and conduct requirements.

2. Official, statutory or locally required safety, hygiene or use requirements must also be observed.

3. Where separate rules of aquaphine GmbH apply, they are made reasonably accessible before contract conclusion and provided with the booking confirmation and/or made available on the website. Rules of an external venue may additionally be displayed on site.

4. Instructions given by aquaphine GmbH staff and venue personnel to conduct the course and protect safety, order and hygiene must be followed. The customer must ensure that participants and accompanying persons brought by the customer observe the rules.

Section 11 Breaches and pool contamination

1. aquaphine GmbH and authorised staff exercise venue rights within their authority. Participants and accompanying persons who breach rules, disregard instructions or materially impair safe course operation may be excluded from the current class or asked to leave. Where the nature and severity allow, they should first be informed and given an opportunity to remedy the conduct; this is not required where safety or hygiene is endangered.

2. For material or repeated breaches, aquaphine GmbH may exclude the participant from further participation and, if statutory requirements are met, terminate for good cause. A reasonably time-limited venue ban may be imposed for an objective reason. Statutory payment and damages claims and the customer's mandatory rights remain unaffected.

3. If, during a course, improper hygiene practices (for example, not using swim nappies, using ill-fitting swim nappies or fitting them incorrectly on babies and toddlers; see Section 2 no. 9 of the Pool and Facility Rules) lead to contamination of the water, in particular with faeces, the participant responsible or their legal representative must bear the resulting cleaning costs and losses from course cancellations, subject to the statutory requirements for liability.

4. The claim for reimbursement of cleaning costs and losses from course cancellations is asserted as a lump sum of EUR 600.00. The participant or their legal representative is expressly permitted to prove that no loss or a lower loss occurred; the claim then ceases or is reduced accordingly. Claims for further damages remain unaffected insofar as aquaphine GmbH proves a higher recoverable loss. Any lump sum already paid is credited against that claim.

5. Taking out suitable private liability insurance is expressly recommended. For families with children, cover should also include damage caused by children who cannot be held liable in tort under German law. Participants and parents should check with their insurer whether cover includes, in particular, cleaning costs and losses from course cancellations caused by pool contamination, as well as damage caused by parents and accompanying persons themselves. Whether and to what extent cover exists depends on the individual insurance contract. This recommendation does not create liability beyond the statutory rules.

Section 12 Data protection

1. aquaphine GmbH processes personal data of prospective customers, customers, participants and, where applicable, legal representatives in accordance with applicable data-protection law. Processing takes place in particular where necessary for pre-contractual steps, performance and administration of the contract, compliance with legal obligations or another lawful basis. Where consent is required in an individual case, it is obtained separately.

2. Further information on the nature, scope and purposes of processing, legal bases, recipients, retention periods and data-subject rights is contained in the current privacy notice at www.aquaphine.de/datenschutzerklaerung.

3. Personal data is retained only as long as required for the relevant purposes or where legal retention and evidence duties or the establishment, exercise or defence of legal claims require further storage. Data is deleted under statutory requirements once the grounds for retention cease.

Section 13 Invalid provisions

1. If any provision of these Terms and Conditions is wholly or partly invalid or is not incorporated into the contract, the remainder of the contract remains effective. The contract's content is governed by statutory provisions insofar as a clause is invalid or not incorporated.

Section 14 Governing law and jurisdiction

1. The contractual relationship is governed by the law of the Federal Republic of Germany.

2. Statutory jurisdictions apply to consumers. Where the contracting party is a merchant, legal entity under public law or special fund under public law, Berlin is the place of jurisdiction to the extent legally permissible.

Consumer dispute resolution

aquaphine GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer conciliation body.

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