Terms and conditions

Please note: this is a courtesy translation. Only the German version is legally binding.

General Terms and Conditions
of Schwimmschule NAT & Stars gUG (haftungsbeschränkt)

1. Provider and scope

The provider is:

NAT & Stars gUG (haftungsbeschränkt)
Am Alten Lindewerk 16
55246 Mainz-Kostheim, Germany

Email: info@nat-and-stars.com
Phone: +49 176 32740987

These General Terms and Conditions apply to contracts for swimming courses for children and adults and to the provider's aqua fitness offers.

For participants who are minors, the contract is concluded with an adult person authorised to represent them.

Individual agreements take precedence over these terms.

2. Registration and formation of contract

Registration takes place via the booking system or another registration channel offered by the provider.

Before binding registration, the essential course information, the prices, any additional fees, the start of the contract and the contractual terms are communicated.

By registering bindingly, the customer makes an offer to conclude a contract. The contract is formed upon acceptance by the provider, in particular through an express booking or contract confirmation in text form.

An automatic message that merely confirms receipt of the registration does not constitute acceptance of the contract unless it is expressly designated as a binding booking confirmation.

Being placed on a waiting list does not create a paid course contract.

3. Course offer and scope of services

The course description agreed at the time of contract and the booking confirmation are decisive. These state in particular the location, the lesson duration, the scheduled lesson times and the fee.

Lessons are tailored to the age, ability and needs of the participants. The provider owes professional instruction, but not any particular learning outcome or the attainment of a swimming badge within a specific period.

A specific instructor is only owed if this has been expressly agreed. The provider may use suitable substitute instructors.

A permanent change to the agreed location, lesson time or essential scope of services requires the customer's consent.

No lessons take place on public holidays at the respective course location. No replacement dates are offered for these dates. The public-holiday rule is part of the agreed course programme and is communicated before the contract is concluded.

4. Registration fee, fees and payment terms

A one-off registration fee of EUR 45.00 is charged on first registration. It is due together with the first course fee.

The registration fee is not charged again for each month the contract continues. Statutory repayment claims, in particular in the event of an effective withdrawal, remain unaffected.

The prices agreed at the time of contract apply to the course fees.

The monthly fee is payable in advance on the 1st of each month. For the first month of the contract, the payment date stated in the booking confirmation or invoice applies.

Payment is made using the agreed payment method. SEPA direct debit requires a corresponding mandate.

The monthly fee is a flat fee for the reserved course place and the agreed lesson programme. It is not the sum of individually charged lessons.

The number of lessons may vary from calendar month to calendar month. Public holidays do not reduce the monthly fee.

Other planned lesson-free periods, in particular school holidays or closure periods, are only covered by the unchanged fee arrangement if they were communicated before the contract was concluded by means of a course calendar or comparably clear information.

Section 7 applies to additional lesson cancellations.

If an ongoing course contract begins or ends during a calendar month, the monthly fee is calculated pro rata by calendar day. To do so, the monthly fee is divided by the number of calendar days in the month concerned and multiplied by the number of calendar days within the contract period.

Advance payments for the period after the end of the contract are refunded. Any existing credit is taken into account in the final statement.

In the event of late payment, the statutory provisions apply. Costs actually incurred that are legally recoverable may be claimed. No flat-rate reminder fees are charged.

5. Contract term, automatic continuation and termination

Ongoing course contracts have an initial term of one month from the agreed start of the contract.

If the contract is not effectively terminated as of the end of the initial term, it continues automatically for an indefinite period. Billing continues monthly. No new fixed minimum term arises.

The customer may terminate the contract with one month's notice to the end of the initial term.

After the automatic continuation, the contract may be terminated at any time with one month's notice. Termination is not tied to the end of a month.

Compliance with the notice period is determined by when the notice is received by the provider.

Notice may be given in text form, for example by email to info@nat-and-stars.com. A handwritten signature or a reason is not required for ordinary termination.

Where there is a legal obligation to provide an online termination function, notice may also be given via that function.

The provider confirms receipt of the notice and the end date of the contract in text form. The effectiveness of the termination does not depend on this confirmation.

The agreed opportunity to participate continues until the end of the contract.

For courses expressly booked as fixed-term courses with a set number of lessons, the term communicated before the contract was concluded applies. These courses end with the agreed last lesson without notice and are not renewed automatically.

6. Extraordinary termination

The statutory right of both parties to terminate for good cause remains unaffected.

Whether good cause exists depends on the statutory requirements and the circumstances of the individual case. Where required by law, an opportunity to remedy the situation must be given before extraordinary termination.

7. Lessons cancelled by the provider

If an agreed lesson is cancelled by the provider, the customers concerned are informed as early as possible.

The provider may offer a reasonable replacement date. If this is agreed with the customer and takes place, no refund is given for the replaced lesson.

If no replacement date is agreed or held, the share of the fee attributable to the cancelled lesson is refunded. It is only credited to the account with the customer's consent.

For monthly fees, the refund is calculated on the basis of the monthly fee and the number of lessons scheduled for the month concerned.

If the course offer is completely cancelled for a longer period, no fees are charged for the period in which no service is offered. Amounts already paid are refunded accordingly.

These rules also apply if the pool is closed through no fault of the provider, to the extent that the agreed service is not provided.

Lesson-free public holidays and other scheduled closures communicated before the contract was concluded do not count as additional lesson cancellations.

Further statutory rights remain unaffected.

8. Absences of participants

If a properly offered lesson is not attended for reasons on the participant's side, no replacement or make-up lessons are offered.

This applies in particular to illness, holidays, scheduling conflicts, late arrival or other personal reasons.

In principle, there is no entitlement to a reduction or refund of the fee for such absences.

Foreseeable absences should be reported as early as possible.

Statutory rights, in particular the right to terminate for good cause, remain unaffected.

9. Safety, health and supervision

The safety of participants takes priority. The instructions of the instructors and pool staff and the applicable house and pool rules must be followed.

Health restrictions that are material to safe participation must be disclosed before lessons begin. Only the information required for this purpose should be provided.

In the case of contagious illness, or if safe participation is not possible for health reasons, the person concerned may not take part in lessons.

Required swimwear and any additional equipment needed are communicated in the course information. If a wetsuit is required, this is communicated before the contract is concluded.

For participants who are minors, the instructor's supervision begins with the personal handover at the communicated meeting point at the start of the lesson. It ends with the handover to a person authorised to collect the child after the lesson.

Arriving at or leaving the lesson location independently requires prior agreement with the person authorised to represent the child.

Outside the agreed lesson and handover times, in particular on the way to and from the lesson and in the changing areas, the provider does not provide additional supervision unless expressly agreed. Statutory duties of supervision and duties to ensure safety remain unaffected.

If safety is seriously endangered, a person may be excluded from the lesson for the duration of the specific danger. Further measures are subject to the statutory requirements and must be proportionate.

10. Changes to fees and contract terms

The agreed fees and contract terms apply to the existing contract.

Changes to the fee or other essential contract terms are proposed in advance in text form. They only take effect with the customer's express consent.

Silence or continued participation in lessons does not constitute consent.

If no agreement is reached, the previous terms continue to apply for as long as the contract exists. Statutory and validly agreed termination rights remain unaffected.

11. Liability

The provider is liable without limitation for damage caused by intent or gross negligence on the part of the provider, its legal representatives or vicarious agents.

The provider is also liable without limitation for simple negligence in the case of injury to life, body or health.

In the event of a simply negligent breach of an essential contractual obligation, liability for other damage is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

Otherwise, liability for other damage caused by simple negligence is excluded.

Mandatory statutory liability provisions remain unaffected.

These liability rules also apply to items brought along. Separate safekeeping is only provided if expressly agreed.

12. Right of withdrawal

Where a statutory right of withdrawal exists, the customer receives separate withdrawal instructions and a model withdrawal form before the contract is concluded.

Withdrawal can be declared via the withdrawal function provided on our website ("Vertrag widerrufen") or by a clear statement to the provider, for example by email to info@nat-and-stars.com. Using the button or the model withdrawal form is not mandatory.

The requirements, the period and the legal consequences of withdrawal are governed by the statutory provisions and the separate withdrawal instructions.

An early start of lessons does not in itself lead to the loss of an existing right of withdrawal. Any compensation for value and any expiry of the right of withdrawal are governed by the statutory requirements.

Withdrawal must be distinguished from ordinary or extraordinary termination of an ongoing contract.

13. Data protection and photographs

The provider processes personal data in accordance with the applicable data protection regulations. Details can be found in the separate privacy policy.

Health-related information is only processed where there is an appropriate legal basis and the information is necessary.

The use of photos or videos for advertising, the website or social media requires separate, voluntary consent. For participants who are minors, the necessary consents of the persons authorised to represent them and, where applicable, of the participant themselves must be obtained.

Refusing or withdrawing consent to advertising use has no effect on participation in the course.

14. Consumer dispute resolution

The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

15. Final provisions

The law of the Federal Republic of Germany applies. For consumers whose habitual residence is in another country, mandatory consumer protection provisions of that country remain unaffected.

Should individual provisions be invalid or not become part of the contract, the remainder of the contract remains valid. Invalid provisions are replaced by the statutory provisions.

The statutory rules apply to the place of jurisdiction.

Last updated: 9 October 2026