Terms and Conditions

General Terms and Conditions for all massage activities booked and purchased at the Ayelet Furman Massage Practice and via treatwell.de.
Ayelet Furman offers massage services & sports therapy in her own practice as well as on company premises. Customers can book massage services via www.treatwell.de. For this purpose, they are redirected to the external online booking calendar. This is provided by treatwell.de (Treatwell DACH GmbH).
An appointment via www.treatwell.de, by e-mail, telephone or in person with Ayelet Furman, is binding and can be cancelled or postponed at least 24 hours before the start of the appointment.
In case of non-appearance or late cancellation of the appointment, Ayelet Furman reserves the right to charge at least 80% of the booked service value.
Vouchers (Ayelet Furman and Treatwell) are deemed to be redeemed if the appointment does not appear or is not cancelled in time. General terms and conditions of external providers must be observed. In the event of cancellation of the appointment through no fault of Ayelet Furman, Ayelet Furman asks you to inform us as soon as possible by e-mail, short message, telephone or WhatsApp.

1. subject and conclusion of the massage contract
a) The massage contract between the customer and Ayelet Furman is a contract with work and service contractual elements; the parties to this contract are solely the customer and Ayelet Furman. The customer has a claim against Ayelet Furman for the provision of massage services in accordance with the massage application that the customer specified during the booking. Ayelet Furman has a claim against the customer for payment of the remuneration specified in the appointment request after the agreed services have been provided.
b) A massage contract is concluded as follows: By the customer selecting a massage application at a certain price and the desired date and time on www.treatwell.de by online booking, by email or by phone call. As soon as a booking confirmation is sent by e-mail or verbally confirmed and the appointment is booked in the calendar, the appointment is binding, and the corresponding massage contract is concluded.
Offer or booking request: The customer must agree to the terms and conditions of Ayelet Furman and, if applicable, Treatwell before making an appointment request.
The user has a legal right of withdrawal if he is a consumer (§ 13 BGB).

Cancellation policy
Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform me (Ayelet Furman) , Ansprengerstr. 8, 80803 München, telephone number: 0160 3413971, e-mail address: reha@ayelets-athletemassage.de) by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to revoke this contract.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If you revoke this contract, all payments which I or a trustee have received or will receive from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery accepted by the service provider), will be refunded to you in the name and on behalf of the service provider immediately and at the latest within fourteen days from the day on which I received notification of your revocation of this contract. The same means of payment that you used for the original transaction will be used for this refund, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
If you have requested that the service should commence during the cancellation period, you and any representative of the service provider shall pay us or a trustee a reasonable amount corresponding to the proportion of the services already provided up to that point in time at which you inform us of the exercise of the right of cancellation in respect of this contract compared to the total amount of services provided for in the contract
End of the cancellation policy
If Ayelet Furman is unable to meet a customer's request for an appointment, no massage contract is concluded; Ayelet Furman will inform the customer accordingly (by email or telephone). Ayelet Furman may suggest an alternative appointment.
As a rule, Ayelet Furman informs the customer of the acceptance or refusal of an appointment request 1 day before the date of fulfilment.

2. regulations for the massage contract
The customer shall provide Ayelet Furman with the information and assistance necessary for the performance of the contract in order to ensure a smooth and efficient workflow. The customer shall ensure that all requirements necessary for the provision of the service are met at the agreed time.
Ayelet Furman is subject to the obligation of secrecy when performing the massage contract and acts in accordance with the DSGVO. Agreements, illnesses (contraindications) that are detected during the massage contract between Ayelet Furman and the customer are neither noted down by hand nor stored digitally. Ayelet Furman arranges the execution of the massage contract in rented premises or in the premises of companies.
Ayelet Furman's services shall be deemed to have been fulfilled and accepted in accordance with the contract if the customer does not claim defects immediately after the massage activities have been completed. If the massage activity is defective, Ayelet Furman is obliged to provide supplementary performance. The customer shall inform Ayelet Furman of any complaint regarding the service provider's services (notification of defects) within 24 hours after the massage has been performed and enable Ayelet Furman to provide subsequent performance within a reasonable period of time.
The customer shall grant Ayelet Furman a reasonable period of time for supplementary performance / removal of defects.
Ayelet Furman will, within the scope of its legal possibilities and as far as economically justifiable, work towards having defects remedied by it. The customer's legal claims against Ayelet Furman, which go beyond the right to supplementary performance due to defective massage activity, remain unaffected.

3. payment
After Ayelet Furman has fulfilled the massage contract, the customer must pay the agreed price to Ayelet Furman via the payment method chosen at the time of booking.
The customer pays the price to Ayelet Furman with debt discharging effect for the customer. Ayelet Furman accepts payment in cash, by EC card and by credit card after invoicing.
Payment with vouchers: If you have a voucher, you can use it up to 2 years after purchase.

4. cancellation
a) A cancellation (termination) of the booked massage activities is possible free of charge up to 24 hours before the beginning of the service. If a customer cancels an order within less than 24 hours before the start of the massage activities, Ayelet Furman is entitled to compensation in the amount of the fee agreed with Ayelet Furman (at least 80% of the booked massage application).
b) For bookings that were exceptionally booked or changed less than 24 hours prior to the massage activity, the user may exceptionally cancel free of charge up to 2 hours prior to the service provision.
c) The massage contract cannot be cancelled during the duration of the service. The legal right to terminate for good cause remains unaffected. The massage contract expires when the services owed have been performed.

5 Liability of Ayelet Furman
Ayelet Furman is generally liable to the customer in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions; exceptions are regulated in the following paragraph. b. Ayelet Furman is liable for damages - regardless of the legal grounds - in the event of intent and gross negligence. In the event of less than gross negligence, Ayelet Furman shall in each case only be liable (1.) for damages arising from injury to life, body or health, (2.) for damages arising from the breach of a material contractual obligation (i.e. an obligation whose fulfilment makes the proper execution of the massage contract possible in the first place and on whose compliance the user regularly relies and may rely (main contractual obligation)); in this case, however, Ayelet Furman's liability shall be limited to compensation for the foreseeable, typically occurring damage.

6 Applicable law, place of jurisdiction, contractual language
a) German law applies to the massage contract.
b) Contract and negotiation language is German.
c) In case of disputes regarding the massage contract, the customer has the right to take legal action before the ordinary courts.

Status: January 2020