GTCs

General Terms and Conditions for the SWIM for Kids GmbH Swimming School (hereinafter also referred to as “SWIM for Kids” or the “Swimming School”).

Provider Information

SWIM for Kids GmbH
Freiherr-vom-Stein-Straße 19, 60323 Frankfurt am Main, Germany
Commercial Register: Local Court (Amtsgericht) Frankfurt am Main, HRB 131184
Managing Directors: Christian Jochemich, Christian Motter
VAT ID: DE361984403
E-mail: support[at]swimforkids.de
Status: 25 October 2025

Scope of Application

  1. These Terms and Conditions apply to all contracts between SWIM for Kids GmbH (“SWIM for Kids” / the “Swim School”) and customers for participation in courses, private lessons, workshops and related services—concluded via website, e-mail, telephone, in person or through authorized third parties.
  2. Conflicting terms and conditions of the customer shall not apply unless SWIM for Kids expressly agrees to their validity in writing.
  3. Both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB are addressed; consumer protection rules apply only to consumers.

Registration / Conclusion of Contract

  1. The presentation of services does not constitute a binding offer. By registering (booking), the customer submits a binding offer. The contract is concluded by acceptance (booking/registration confirmation by e-mail) within 7 days.
  2. Registrations are processed in the order in which they are received. A right to participate exists only after acceptance.
  3. Each participant must be registered separately; registrations are non-transferable.
  4. Minors may only be registered by their legal guardians.
  5. Unless otherwise indicated, one course unit equals 45 minutes. Units of baby and toddler swimming courses equal 30 minutes unless otherwise indicated.
  6. Transfers to another course are possible in consultation with the Swim School if capacities are available; there is no entitlement to this.
  7. The contract language is German. The contract text is not stored permanently; the registration confirmation contains the essential contractual content.

Services / Course Delivery / Changes

  1. The content, venue and times of the course are as set out in the course description/confirmation. Minor content adjustments, instructor changes or substitutions that are reasonable for the customer remain reserved.
  2. The dates provided at the time of booking are binding for course times/units.
  3. If units have to be canceled for reasons beyond the control of SWIM for Kids (e.g., short-notice pool closures, official orders, force majeure), SWIM for Kids will primarily offer catch-up dates. If this is unreasonable or impossible, a credit for the pro-rata fee will be issued; further claims are excluded.
  4. SWIM for Kids has no influence on the water parameters of the respective pool; a specific water temperature is not owed.

Prices

  1. The prices shown at the time of booking apply (final prices including statutory VAT).
  2. Printing/calculation errors are reserved; statutory price changes (e.g., VAT rate) take effect ex nunc.

Terms of Payment / SEPA Direct Debit / Default

  1. The course fee is due prior to the start of the course. Payment methods: SEPA direct debit (standard) and any additional methods displayed during the booking process.
  2. When using SEPA direct debit, the customer grants a mandate. The pre-notification will be sent at least 3 calendar days before the debit by e-mail. The debit will not be made before the communicated date.
  3. If the debit fails due to insufficient funds or for reasons attributable to the customer, the customer shall reimburse the incurred chargeback fees.
  4. If the customer is in default, statutory default interest will apply; dunning costs may be charged as a lump sum of EUR 5.00 per reminder; the right to prove lesser damages remains unaffected.
  5. The customer shall have rights of set-off and retention only to the extent that counterclaims are undisputed, ready for decision, or have been finally adjudicated.

Note: Redeeming a voucher does not constitute payment; any additional amount is due via the payment methods offered in the booking process.

Vouchers

  1. Types and Purchase: SWIM for Kids offers vouchers for consideration. Vouchers may represent a fixed amount (value vouchers) or refer to specific services (e.g., course/private-lesson vouchers). The purchase price is due immediately; vouchers may be delivered digitally or physically.
  2. Redemption: Vouchers can be redeemed for services offered by SWIM for Kids in the then-current program. Redeeming a voucher does not constitute payment in the legal sense; any additional amount is payable via the payment methods offered in the booking process. Remaining balances remain available until fully used; cash payout (including of remaining balances) is excluded unless mandatory law requires otherwise.
  3. Validity/Limitation Period: Vouchers purchased for consideration are subject to the regular limitation period of three (3) years, starting at the end of the year in which the voucher was purchased. Promotional vouchers (granted free of charge or at a discount) may be subject to different conditions and shorter validity; the respective conditions stated on the voucher apply.
  4. Transferability: Vouchers are transferable; commercial resale without prior consent is prohibited.
  5. Loss/Theft/Misuse: There is no entitlement to replacement for lost or stolen paper vouchers or codes that have been passed on. In the event of justified suspicion of misuse/manipulation, SWIM for Kids may block vouchers until clarification and refuse redemption.
  6. Service Disruptions: If a service paid with a voucher is ultimately not provided and a reasonable replacement date is not possible, reimbursement shall be made by re-crediting the voucher or issuing a new voucher; no cash payout is made.
  7. No Interest: Voucher balances do not bear interest.

Withdrawal / Cancellation / Rebooking

  1. Cancellations are free of charge up to 4 weeks before the course starts.
  2. From 4 weeks up to 10 days before the course starts, SWIM for Kids may charge 50% of the course fee as liquidated damages. This flat rate takes into account the administrative effort that regularly arises as well as the typical loss of revenue.
  3. From 10 days before the start of the course, the full course fee is due.
  4. The customer is entitled to provide evidence that no damage or substantially less damage has occurred.
  5. Cancellations/rebookings must be made in text form (e-mail to kuendigung@swimforkids.de) stating the participant’s name and course data.
  6. Private lessons: cancellations must be made at least 48 hours before the appointment; in the event of a later cancellation/no-show, the full fee is due; Section 4 applies accordingly.
  7. Statutory rights (e.g., withdrawal, extraordinary termination) remain unaffected.

Right of Withdrawal for Consumers

Important note: For most of our courses there is no right of withdrawal, as these are leisure services with a specific date/period (Section 312g (2) No. 9 BGB). The right of withdrawal applies only to courses without a fixed date.

Note on vouchers: For the purchase of a voucher in distance selling, consumers generally have a right of withdrawal of 14 days from conclusion of the contract. When booking a specifically dated course using a voucher, the leisure exception (Section 312g (2) No. 9 BGB) applies; the right of withdrawal for the voucher purchase itself remains unaffected.

Withdrawal instructions (if applicable):

You have the right to withdraw from this contract within fourteen days without giving any reason. The period begins upon conclusion of the contract. To exercise the right of withdrawal, a clear statement is sufficient (e.g., e-mail to widerruf@swimforkids.de). Timely dispatch is sufficient for compliance with the deadline.

Consequences of Withdrawal

In the event of withdrawal, we shall reimburse all payments received without undue delay and at the latest within 14 days from receipt of the withdrawal notice, using the same means of payment used for the original transaction unless otherwise agreed.

Early Expiry / Exception Notice

The right of withdrawal does not exist for contracts for leisure activities with a specific date/period (Section 312g (2) No. 9 BGB). Our courses/private lessons fall under this exception. If the booked course does not fall under this exception and you request that the performance begin during the withdrawal period, you must pay compensation for the value of services rendered up to the time of withdrawal.

Model Withdrawal Form

— To: SWIM for Kids GmbH, Freiherr-vom-Stein-Straße 19, 60323 Frankfurt am Main, Germany, e-mail: widerruf@swimforkids.de

— I/We (*) hereby withdraw from the contract for participation in the following course: [Title, course number, date], booked on: [date], Name: [ … ], Address: [ … ], Date/Signature (for postal submissions).

(*) Delete as appropriate.

Obligations of Course Participants and Legal Guardians/Representatives

  1. Relevant health restrictions/illnesses must be communicated before the course starts.
  2. The house and pool rules of the respective pool are binding. The pool may be entered only in the presence of the course instructor.
  3. During course times, only participants and teaching staff are present in the pool area. Exception: expressly designated parent-child courses (one parent per child).
  4. The instructions of pool and Swim School staff must be followed. Spectating is only permitted in designated areas/facilities.
  5. Responsibility for supervising children outside lesson times lies with the legal representatives/guardians.

Course Completion / No Guarantee of Success

  1. We do not guarantee successful completion of a course or the attainment of a specific swimming badge.
  2. Liability for failure to achieve the course objective is excluded.

Photos / Video Recordings

  1. Own recordings during courses are permitted—out of respect for privacy and youth protection—only with prior consent of the Swim School and all persons affected.
  2. Any use of recordings by SWIM for Kids (e.g., website/social media) takes place only on the basis of a separate, voluntary consent. This can be withdrawn at any time with effect for the future.

Reviews (User-Generated Content)

  1. Reviews should be objective and fact-based; unlawful, offensive or third-party rights-infringing content will not be published or will be deleted.
  2. By submitting a review, the author grants SWIM for Kids a simple, royalty-free, time- and territory-unlimited right of use limited to presentation within SWIM for Kids’ own channels (e.g., website, course platforms, Swim School social media). Disclosure to third parties is permitted only as required to display/moderate reviews.
  3. Multiple/self-reviews and manipulations are not permitted.

Liability

  1. SWIM for Kids is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and where a guarantee has been assumed.
  2. In cases of simple negligence of essential contractual obligations (cardinal duties), liability is limited to the foreseeable, typical damage.
  3. In all other respects, liability for simple negligence is excluded.
  4. SWIM for Kids is only liable for valuables/clothing brought by participants in cases of intent or gross negligence. Use of bathing facilities outside lesson times is at one’s own risk.
  5. Existing insurance cover (e.g., business liability insurance) remains unaffected; it does not replace participants’ private accident/liability insurance.

Insurance /Safety

  1. The Swim School’s insurance cover applies to the respective course time and course area; no extended cover exists.
  2. The Swim School maintains a business liability insurance policy with a sum insured of EUR 10,000,000.

Data Protection / Communication

  1. We process personal data in accordance with the GDPR and the German Federal Data Protection Act (BDSG). Details can be found in our privacy policy on the website.
  2. Transactional/contract-related communication (e.g., course information, schedule changes, invoices) is performed via e-mail.
  3. Marketing communication (e.g., newsletters, notices of new courses) is sent only with consent pursuant to Section 7 of the German Unfair Competition Act (UWG); you may unsubscribe at any time (e.g., by e-mail to unsubscribe@swimforkids.de).

Alternative Dispute Resolution / OS Platform

  1. The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.
  2. SWIM for Kids is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).

Force Majeure / Official Orders

Events of force majeure and official measures (e.g., pool closures) release SWIM for Kids from its performance obligation for the duration and scope of the disruption. SWIM for Kids will offer replacement/catch-up dates where possible; otherwise, a credit of the proportional fee will be issued.

Final Provisions

  1. Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected (severability clause). In place of the invalid provision, the statutory provision shall apply; otherwise, a provision shall take effect that comes closest to the economic purpose.
  2. Changes to these Terms and Conditions do not affect contracts already concluded/courses already booked. For these, the Terms and Conditions applicable at the time of contract conclusion remain valid until the booked course is completed.
  3. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer with habitual residence in the EU, mandatory consumer protection provisions of their country of residence remain unaffected.
  4. Place of jurisdiction: For merchants, legal persons under public law or public-law special funds, Frankfurt am Main is the exclusive place of jurisdiction. For consumers, the statutory place of jurisdiction applies.

*** Note: The English translation of the GTC shall be governed by the underlying German-language original, which shall be used in the event of discrepancies. ***

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