General

Terms

and conditions

 

Future of Coaches
 

Conditions of Participation &
 

Conditions of Use
 

Last updated on 29.12.2021
 


Welcome to Future of Coaches.
 

Future of Coaches GmbH and/or their subsidiaries ("FoC") provide website features and other products and services to you when you visit or shop at any of our affiliates websites like www.mfs-franken.de, www.mfs-niederbayern.de, www.mfs-sofia.bg, www.mfs-singapore.com, www.afp-lisboa.pt, www.saa-greenville.com, www.saa-sanfrancisco.com (the "website"), use FoC products or services, use FoC applications for mobile, or use software provided by FoC in connection with any of the foregoing (collectively "FoC Services"). FoC provides the FoC Services and sells our products to you subject to the conditions set out on this page. mfs-franken.de, mfs-niederbayern.de, mfs-sofia.bg, mfs-singapore.com, afp-lisboa.pt, saa-greenville.com, saa-sanfrancisco.com as well as any future subsidiarie’s websites are the trading names for FoC.

 

Conditions of Participation

Conditions of Use

Our Contact Details
 

A. Conditions of Participation
 

A1. Scope, Contractual Partner & Subject Matter of the Contract
 

A1.1 These General Terms and Conditions (GTC) shall apply between the customer (hereinafter referred to as "Customer") and Future of Coches GmbH (hereinafter referred to as "FoC").
 

A1.3 Persons who have not reached the age of majority are always represented by their legal representatives when making legal and quasi-legal declarations. However, the legal representatives - in accordance with their obligation upon registration - expressly assume full liability for payment obligations of any kind (arising from the contractual relationship with the persons legally represented by them) vis-à-vis FoC.

 

A2   Conclusion of contract, content of contract, prices and terms of payment
 

A2.1   All offers made by FoC (in particular training courses and vacation camps) shall be subject to change without notice and shall merely constitute an invitation to the customer to submit a contract offer. The contract shall be concluded upon confirmation of participation by FoC, which shall be equivalent to the sending of an invoice for the respective course participation(s). 2.2 The contract shall be governed by the FoC price list valid at the time of registration, unless the Customer has received a separate offer from FoC.
 

A2.3   Recurring courses shall be invoiced to the Customer monthly in advance and shall be due for payment. The monthly fee shall not be reduced as a result of any cancellations due to vacations and/or public holidays (section 6.2. shall apply to non-participation). Individual courses and summer camps are usually invoiced and due to the customer in advance. Invoice amounts are due in full to FoC on the payment date specified in the invoice. Receipt in the account specified in the invoice shall be decisive for the timeliness of payment. All bank charges incurred in connection with the payment (in particular charges for return debit notes etc. for which the Customer is responsible) shall be borne by the Customer.
 

A2.4   Recurring courses are invoiced via a subscription. The subscription can be cancelled at any time with a 2 months notice since the last received payment.

 

 

A3   Liability of FoC
 

A3.1   Liability for own fault (including legal representatives and agents):
 

A3.1.1 The liability of FoC, including its legal representatives and vicarious agents, shall be limited to intent or gross negligence.
 

A3.1.2 The limitation of liability stated under 3.1.1. shall not apply:

-      to liability for damage resulting from injury to life, limb or health if this is due to a negligent breach of duty on the part of FoC or an intentional or negligent breach of duty on the part of a legal representative.

-      negligent breach of duty by a legal representative or vicarious agent of FoC;

-      in the event of a negligent breach of material contractual obligations (cardinal obligations) by FoC, including its legal representatives or vicarious agents; in this case, compensation shall be limited to typically foreseeable damages.
 

A3.1.3 Participation in certain events may require personal prerequisites of the participants (e.g. age; state of health, etc.), the fulfillment of which is the responsibility of the customer. The existence of special requirements for special courses is pointed out separately by FoC, as far as these do not already result from the nature of the matter (e.g. no participation in courses in an intoxicated state or under the influence of drugs; ability to swim etc.).
 

A3.1.4 Courses and camps are generally held in all weather conditions. In case of weather-related danger to life and limb of the participants (e.g. hurricane-like storm or weather-related unplayability of courses etc.) or in other cases of force majeure, FoC is entitled to cancel services that cannot be carried out or even the entire course. FoC shall not be liable for non-performance or damages due to cancellations as a result of force majeure.
 

A3.1.5 FoC has the right at any time to cancel courses and vacation camps without substitution if the required number of participants is not reached before the start of the course. If the parties are unable to agree on a substitute course or camp, the Customer shall receive a full refund of any course fees already paid. Further claims of the customer, especially claims for damages or reimbursement of useless expenses (e.g. purchase of equipment or costs for travel) are excluded.
 

A3.1.6 FoC is not liable in any case in connection with the arrival and departure of the customer to courses and / or vacation camps or accommodation during vacation camps, which are always at the risk and expense of the customer (own travel and own organization of accommodation by the customer). In particular, FoC does not provide any services under the terms of the travel contract, as FoC only provides training and education services during vacation camps. Outside the units, courses or camps, FoC also assumes no supervisory duties over the (especially underage) customers. In the context of so-called vacation camps, contractual obligations and/or supervisory duties exist exclusively during the daily training sessions.
 

A3.2   Liability for third party negligence in (the procurement of) third party services:
 

A3.2.1 Insofar as the services of FoC are limited to the mediation of other companies, FoC shall neither be liable for the success of the mediation (i.e. the conclusion of a contract between the Customer and the mediated company) nor for the proper provision of the mediated services by the mediated company, but shall be liable exclusively for the careful selection of the mediated company. 3.2.2 The provisions under 3.1 shall apply accordingly with regard to the liability of FoC for the careful selection of the brokered company (clause 3.2.1).
 

A3.2.3 If a company or companies involved in the performance of the services or courses is not an intermediary but acts as a subcontractor or vicarious agent of FoC, the provisions of section 3.1. shall apply directly.

 

 

A4. Duties and obligations of the customer; declarations in connection with injuries, illnesses, medical treatment and insurances
 

A4.1   The customer shall meet his payment obligations (see, among others, Sections 2.2. and 2.3.) in due time.
 

A4.2   The Client must always follow the general rules of conduct (no drug or alcohol consumption, no vandalism, etc.) and the instructions of FoC during the units, courses and vacation camps. In case of non-compliance with rules of conduct and/or instructions, FoC has the right to exclude the Client from the respective course unit or the entire course or camp, insofar as the non-compliance disturbs the proper execution of the unit, course or camp and the Client is responsible for the non-compliance. In this case, the customer is not entitled to a (pro-rata) refund of course fees.
 

A4.3   By signing the contract or registering for the course, the customer (or his/her legal representative) confirms that he/she is in good health and fully able to exercise. The Client (or his/her legal representative) is also obliged to inform FoC in writing of all health impairments and/or the necessity of any medication and/or medical/medical treatment.
 

A4.4   By signing the contract or registering for the course, the Client (or his/her legal representative) warrants that he/she has proper health and liability insurance. In case of illness or injury of a Client during the Units, Courses or Camps, the Client (or his/her legal representative) authorizes FoC to take all necessary steps for his/her medically necessary care or treatment and/or home transportation on behalf of and at the expense of the Client. Should FoC incur any costs as a result, the Client shall be obligated to reimburse FoC for such costs. In particular, the legal representative agrees to the medical treatment of his under-age children in case of illness or accident, if prior consent cannot be obtained in time. In cases of emergency, this consent also applies to surgical interventions, if these are deemed necessary in the opinion of the attending physician and the prior consent of the legal guardian cannot be obtained in time.

 

 

A5   Termination (Cancellation) of Individually Booked Units or Courses and Summer Camps by the Customer
 

A5.1   In the event of termination or cancellation of individually booked units, courses or vacation camps by the Customer without any breach of duty for which FoC is responsible, the Customer shall in principle pay FoC 100% of the agreed remuneration, provided that the termination/cancellation occurs within the last seven days prior to the start of the course, unit or vacation camp in question. For recurring units or courses, on the other hand, clause 6 shall apply.
 

A5.2   In the cases of clauses 5.1, the Client shall be expressly permitted to prove that FoC has not suffered any damage at all or that the damage is significantly less.
 

A5.3   In the cases of clauses 5.1, FoC shall expressly reserve the right to prove and claim higher damage or further damage items outside the typically occurring damage.
 

A5.4   The declaration of termination (cancellation) of the contract must be made in writing and shall only become effective at the time of its receipt by the contracting party. Failure to comply with the written form requirement shall be irrelevant if the (terminated) contractual partner provides written confirmation of the termination (cancellation).
 

A5.5   The right to terminate without notice (extraordinary termination for good cause) shall remain unaffected by the provisions under Sections 5.1 to 5.3 and Section 6.

 

 

A6. Termination of recurring units or courses (continuing obligations)
 

A6.1   Both FoC and the Client shall have the right to terminate recurring courses or units by giving two months' notice to the end of the respective month. Cancellation must be made in writing and shall only become effective at the time of its receipt by the contracting party. Failure to comply with the written form requirement shall be irrelevant if the (terminated) contractual partner provides written confirmation of the termination.
 

A6.2   Non-participation in or discontinuation of recurring courses, regardless of the reason, shall not be deemed to be a termination within the meaning of clause 6.1 and shall in particular not release the customer from the obligation to pay the monthly course fees, unless FoC is responsible for the non-participation or discontinuation.

 

A7. Photo and film rights
 

A7.1   The customer (or his legal representative) agrees with the conclusion of the contract or course registration that photos, film recordings or other audiovisual media services during the units, courses or camps by FoC or its agents (eg advertising agencies) are made and used. advertising agencies) and to be published by FoC without restriction for public relations in all media, in particular also on the Internet and social networks (e.g. facebook, twitter, instagram, etc.), also in edited form - without spatial, temporal or content restrictions - and to be used or distributed for commercial purposes.

 

A8. Choice of law / place of jurisdiction / place of performance
 

A8.1   The legal relationship between the Provider and the Customer shall be governed exclusively by German law, to the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
 

A8.2   The place of performance for obligations arising from or in connection with this contract shall be Munich, provided that the Customer is a merchant, a legal entity under public law or a special fund under public law. In this case, the exclusive place of jurisdiction for disputes arising from or in connection with this contract shall be Munich. The same shall apply if the customer has no general place of jurisdiction in Germany.

 

B. Conditions of Use
 

 

  B1. Acceptance of Conditions of Use
 

Please read these conditions carefully before using FoC Services. By using FoC Services, you signify your agreement to be bound by these conditions. We offer a wide range of FoC Services, and sometimes additional terms may apply. When you use an FoC Service (for example Your Account, Gift Cards or FoC applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that FoC Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

B2.    ELECTRONIC COMMUNICATIONS

 

When you use any FoC Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other FoC Services, such as our Message Center. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

 

B3.    COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
 

All content included in or made available through any FoC Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of FoC or its content suppliers and is protected by German and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any FoC Service is the exclusive property of FoC and is protected by German and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any FoC Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any FoC Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any FoC Service (e.g. our prices and product listings) without our express written consent

 

B4.    LICENCE AND ACCESS
 

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, FoC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the FoC Services. This licence does not include any resale or commercial use of any FoC Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any FoC Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by FoC or its licensors, suppliers, publishers, rights holders, or other content providers. No FoC Service, nor any part of any FoC Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of FoC without our express written consent. You may not use any meta tags or any other "hidden text" utilising FoC‘s names or trademarks without our express written consent.

You may not misuse the FoC Services. You may use the FoC Services only as permitted by law. The licences to use FoC Services granted by FoC terminate if you do not comply with these Conditions of Use or any Service Terms.

 

B5.    YOUR ACCOUNT
 

If you use any FoC Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your mobile devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website.

You must not use any FoC Service: (i) in any way that causes, or is likely to cause, any FoC Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse any FoC Services or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.

 

B6.    REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
 

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, constitute a communicative attack against children/adolescents, impair the personal integrity of children/adolescents, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid Notice Form, the obligation) to remove or edit such content. If you believe that your intellectual property rights are being infringed by an item or information on any FoC Service, please notify us by sending us an email and we will respond.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) FoC a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) FoC, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to FoC including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines of FoC and will not cause injury to any person or entity (including that the content or material is not defamatory and does not impair the personal integrity of children/adolescents). You agree to indemnify FoC for all claims brought by a third party against