1. Scope
1.1 These Terms & Conditions apply to participation in courses in the Club programme of Klax Creative Hub at Schönhauser Allee 59, operated by Lebendig Lernen gGmbH, Arkonastraße 45-49, 13189 Berlin (hereinafter “Creative Hub”).
1.2 The Club programme comprises creative and artistic leisure activities for children and young people (“participants”).
1.3 Where participants are minors, their legal representatives become Creative Hub’s contractual partners (“customer”).
1.4 Deviating terms and conditions of the contractual partner shall not apply unless their validity has been expressly agreed in writing.
2. Conclusion of contract
2.1 Registration for courses takes place via the Kutego online booking system.
2.2 The available course places displayed in the booking system constitute binding offers by Creative Hub to conclude a contract. The offer is addressed to participants in the Club programme who meet the respective stated participation requirements.
2.3 The contractual partner accepts the offer by completing the booking process and activating the final booking button. The contract is concluded when the booking process is completed.
2.4 The contractual partner will subsequently receive electronic confirmation of the successful booking.
3. Services offered
3.1 Creative Hub offers ongoing creative courses in different age groups and subject areas.
3.2 The scope, content, course times, age groups, durations and fees are set out in the respective course description.
3.3 There is no entitlement to a particular course being held by a particular course leader.
4. Course models and holiday pass
4.1 Creative Hub may offer different booking models, in particular:
| Course type | Scope of services | Validity / special features |
|---|---|---|
| Trial session | One-time participation in a course selected at the time of booking | Valid exclusively for the selected course date. A trial session may only be booked once per participant and course. |
| Monthly pass | Participation in the selected course that takes place regularly | Valid exclusively for the selected course and may be cancelled monthly. It is not possible to change to another course. A further monthly pass is required for an additional course. |
| 10-session pass | Ten consecutive sessions in the course selected at the time of booking | Valid exclusively for the selected course. The period of validity is set out in the respective offer description. It cannot be transferred to other courses or persons. |
4.2 During Berlin school holidays, Creative Hub offers time-limited holiday programmes. Depending on the respective holiday programme, participation may in particular be booked with a four-day holiday pass or a five-day holiday pass. The holiday pass entitles the holder to participate in the booked holiday programme within the period specified in the offer description. The specific dates, daily supervision or event times, content, age groups, prices and other services are set out in the respective offer description. Holiday passes are personal and may not be transferred to other participants or other holiday programmes.
4.3 The scope, prices and period of validity of courses are set out in the respective course description. If a trial session is booked again, there is no entitlement for it to take place as a trial session; Creative Hub is otherwise entitled to charge the regular course price of EUR 27.00 in each case. Creative Hub reserves the right to cancel an inadmissible multiple booking. Payments already made will be refunded in this case.
4.4 Unused services expire at the end of the respective period of validity unless expressly agreed otherwise.
4.5 Creative Hub may offer discounts and promotions. There is no entitlement to a discount when taking several courses or passes, or in combination with the holiday programme.
5. Participation fees and payment
5.1 The prices published at the time of booking apply.
5.2 All prices include the statutory value-added tax.
5.3 Payment is made using the payment methods offered in the booking portal.
5.4 Recurring fees for monthly passes are collected by direct debit.
5.5 If the contractual partner is in default of payment, Creative Hub is entitled to suspend participation until outstanding amounts have been settled.
6. Term and cancellation of monthly passes
6.1 Monthly passes are initially concluded for an indefinite period. The monthly pass ends no later than 30 June of a year without requiring notice of cancellation.
6.2 Either contractual party may give notice in text form with one month’s notice to the end of a month.
6.3 The right to extraordinary termination for good cause remains unaffected.
6.4 Claims for payment that have already arisen remain unaffected by termination.
7. Cancellation of holiday passes
7.1 The contractual partner may cancel the booking of a holiday programme in text form before it begins. Receipt of the cancellation by Creative Hub is decisive.
7.2 In the event of cancellation, the following cancellation fee is charged:
- up to 21 days before the start: free of charge;
- 20 to 13 days beforehand: 50 percent;
- less than 13 days beforehand: 80 percent;
- non-attendance without prior cancellation: 100 percent.
7.3 The contractual partner is expressly permitted to prove that Creative Hub has suffered no damage or substantially less damage. Creative Hub reserves the right to prove higher actual damage incurred.
7.4 If the vacated place can be allocated elsewhere, only the expenses actually incurred and not saved up to the time of cancellation will be charged.
8. Holidays, public holidays and course times
8.1 The fee for the monthly pass is calculated as an annual fee and collected in monthly instalments.
8.2 A separate holiday programme takes place during Berlin school holidays. No courses take place on public holidays unless otherwise stated in the respective course description.
8.3 The cancellation of course dates during school holidays or on public holidays does not give rise to a claim for a refund or reduction of the fee.
9. Participant unable to attend
9.1 If a participant is unable to attend a session, there is no entitlement to a make-up session, replacement lesson or refund of the fee.
9.2 Booked services may not be transferred to other persons.
10. Cancellation of courses
10.1 Creative Hub is entitled to replace course leaders or appoint substitutes.
10.2 If a course date has to be cancelled because of illness of the course leader, force majeure or other organisational reasons, Creative Hub will, where possible, offer a replacement date or organise a substitute.
10.3 If a course is permanently discontinued, fees paid in advance for services not provided will be refunded.
10.4 There is no further claim.
11. Supervision of minor participants
11.1 Creative Hub’s duty of supervision begins at the official start of the course and ends at the official end of the course.
11.2 Parents or guardians are solely responsible for the journey to and from the venue.
11.3 Parents or guardians must ensure that minor participants are brought and collected on time unless they travel independently.
12. Health and participation
12.1 Participants may not take part in courses if there are health reasons preventing participation or if their participation could endanger other people.
12.2 Parents or guardians should inform Creative Hub before the course begins of particular health restrictions, allergies or other circumstances relevant to the safe conduct of the course.
13. Liability
13.1 Creative Hub has unlimited liability for damage resulting from injury to life, body or health.
13.2 For other damage, Creative Hub is only liable in cases of intent or gross negligence.
13.3 In the event of a slightly negligent breach of essential contractual obligations, liability is limited to foreseeable damage typical for the contract.
13.4 Liability under the German Product Liability Act remains unaffected.
13.5 No liability is accepted for lost or damaged personal belongings to the extent permitted by law.
14. Copyright in work results
14.1 Works created in the context of courses remain the property and copyright of the participants.
14.2 Creative Hub is entitled to present work results within its premises for exhibition and documentation purposes, provided that the legitimate interests of participants do not conflict.
14.3 The publication of works or photographs for advertising and marketing purposes takes place exclusively on the basis of separate consent.
15. Data protection
15.1 Creative Hub processes personal data exclusively in accordance with applicable data-protection laws.
15.2 Further information is set out in the privacy policy as amended from time to time.
16. Right of withdrawal
The courses offered are services related to leisure activities for which specific dates or periods are provided. Therefore, pursuant to section 312g(2) no. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal, even for online bookings.
17. Final provisions
17.1 The law of the Federal Republic of Germany applies.
17.2 If the contractual partner is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction is Berlin.
17.3 Should individual provisions of these Terms & Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.