Terms and Conditions
1. General information, scope
1.1 These General Terms and Conditions of Business (hereinafter referred to as “GT&Cs”) apply to all business relationships with Soulhouse GmbH, Schlüterstr. 86, 20146 Hamburg (hereinafter referred to as “Soulhouse”). The version in force at the time when the contract is concluded, will be definitive
1.2 Soulhouse runs the online platform “Soulhouse.me” (hereinafter referred to as the “platform”). Within the bounds of technical availability, the platform can be used to make appointments for ̈massage and wellness treatments on mobile and desktop devices ̈via a mobile app for the IOS and Google Android operating systems or a web application.
2. Contents and scope
2.1 Soulhouse offers to arrange and process appointments between the customer and a service provider arranged by Soulhouse via the platform.
2.2 The services are provided exclusively on a mobile basis on the customer’s premises.
3. Registration, conclusion of contract, bookings, cancellation
3.1 Offers available on Soulhouse can be used if the customer has completed their registration in advance, or alternatively offers can be used without a customer profile. By sending their registration for a customer profile, the customer agrees that these GT&Cs and Soulhouse’s corresponding data protection rules (set link!) apply.
3.2 A customer profile is deemed to be registered as soon as a verification code for completing the registration contained in an email from Soulhouse has been entered in a double opt-in procedure. On completion of the registration, a contract is concluded between Soulhouse and the customer for use of the platform in accordance with these GT&Cs.
3.3 Registration as a “guest” is deemed to have been completed when the customer’s booking has been accepted and confirmed by Soulhouse. On confirmation from Soulhouse, a contract is concluded between Soulhouse and the customer for use of the platform in accordance with these GT&Cs.
3.4 Registration with Soulhouse and use of the platform are free of charge. Registration does not entail any obligation on the part of the customer to book services brokered by Soulhouse. Only a separate booking for services triggers remuneration claims on the part of the service provider.
3.5 Only consumers as defined by Sec. 13 BGB (German Civil Code) who are at least 18 years old will be registered. Soulhouse is entitled to reject registration enquiries without explanation.
3.6 All the customer’s details for the registration process and performance of the brokered services must be accurate, supplied in full and kept up to date. You must keep your access data secret and you must not allow unauthorised third parties to gain access to them. If unauthorised third parties come into possession of the customer’s access data, the customer is obliged to inform Soulhouse immediately.
3.7 The services brokered by Soulhouse can only be booked via the app, web application, contact form on the website www.soulhouse.me or by email. For business customers, Soulhouse also offers telephone bookings or WhatsApp bookings. The customer will receive a confirmation letter in writing (email) from Soulhouse for services booked. A service contract will be concluded between the customer and Soulhouse or a collaboration partner brokered by Soulhouse. The booking confirmation sent by email will specify details of the booking.
3.8 The customer can terminate their registration at any time by means of a simple notification of termination in writing via Email with a notice period of 4 weeks to the end of any calendar month. This is without prejudice to the right to extraordinary termination.
3.9 Soulhouse is entitled to terminate the registration by means of a simple notice of termination in writing with a notice period of 4 weeks to the end of any calendar month. This is without prejudice to the right to extraordinary termination.
3.10 Terminations as defined in Clauses 3.7 and 3.8 will not apply to any existing bookings for services.
4. Fees, payments, travel expenses and outlays
4.1 The processing of payments and invoicing will be handled through the external payment service provider Stripe. The customer will pay the fee agreed with Soulhouse to Stripe via a direct payment function (e.g. Apple Pay, etc.) directly via the app or web application. Soulhouse itself will not accept any payments from the customer.
4.2 In the case of home visits, additional travel expenses may be incurred which are identified in the booking summary as an “at home” fee and have to be paid in addition to the treatment price.
5.1 Appointments already booked can be cancelled up to 24 hours before the agreed time free of charge. Later cancellations cannot be accepted and will not affect payment claims.
5.2 Cancellations must be made via the “Cancel booking” button. After cancelling by email, the customer will receive a compensation voucher for the value of the booking fee; the customer can use this voucher for a new booking at their own discretion. Fees cannot be refunded.
6.1 Soulhouse accepts no liability for the accuracy or completeness of verbal statements by service providers brokered by Soulhouse or by Soulhouse itself.
6.2 Soulhouse accepts no liability for the accuracy or completeness of data transmitted via the internet.
6.3 Delays to the service due to events for which Soulhouse is not responsible and which make the service significantly more difficult or impossible to provide not just temporarily (e.g. absence of a collaboration partner due to illness) will entitle Soulhouse to postpone the service by the duration of the hindrance plus a suitable ramp-up time or to have the service provided by a different service provider to the one booked. Soulhouse points out that if there are doubts about the basic requirements for a massage (hygiene, state of health, space, premises, etc.), it can also be canceled. This is how Soulhouse protects customers and service providers.
6.4 Soulhouse accepts no liability for the accuracy or completeness of content displayed on the platform from service providers offered for brokering.
7. Liability / compensation
7.1 Soulhouse will only be liable for damages caused by wilful intent or gross negligence on the part of Soulhouse itself, its senior executives or employees. If this constitutes a breach of obligations, the fulfilment of which is indispensable for the purpose of the contract, failure to provide features that had been warranted or personal injury due to tort, Soulhouse will be liable for every case of attributable culpability. In the case of simple negligence, liability is excluded provided neither a substantial contractual obligation has been infringed nor any case of default or unfeasibility applies. In the case of simple negligence, liability will be limited to damages typical for such contracts and to damages which were foreseeable provided neither a substantial contractual obligation has been infringed nor any case of default or unfeasibility applies.
7.2 The service provider brokered by Soulhouse will be exclusively liable as a subcontractor for properly providing/fulfilling the service/order. No liability will be accepted for damages incurred by the customer and caused by a service provider brokered by Soulhouse in the form of a subcontractor.
7.3 Claims for compensation due to impossibility of performance or default are limited in each case to the value of the contract. Soulhouse will on no account accept liability for any failure on the customer’s part to meet deadlines agreed with binding effect.
7.4 Soulhouse will not be liable for consequential damages resulting from use of the app or the services brokered.
7.5 If the customer fails to provide expedient and/or necessary cooperation for the fulfilment of the contract in spite of a request to do so by Soulhouse, Soulhouse will not accept any liability for any resulting non-performance or poor performance.
7.6 Claims for compensation by the customer can only be asserted in a court of law within six months of becoming aware of the damage and the injuring party but at the latest within three years of the event on which the claim is based.
7.7 The customer must provide evidence in each case that the damage is due to culpable actions on the part of Soulhouse.
8. Blocking access to the platform
8.1 Soulhouse can block the customer’s access to the platform on a temporary or permanent basis if the customer breaches these GT&Cs or breaks the law. The same applies if Soulhouse has another legitimate interest in blocking access. In deciding whether to block access, Soulhouse will give appropriate consideration to the user’s legitimate interests.
8.2 In the event that access is blocked, the customer will be informed accordingly in the app or web application and their access rights temporarily or permanently blocked.
9.1 Soulhouse reserves the right to make changes at short notice with respect to the service provider and/or place of performance. The customer will be informed in good time of any such changes in writing.
9.2 Soulhouse reserves the right to change the present GT&Cs at any time at its own discretion. Soulhouse will inform the customer of any such changes at least 4 weeks before they take effect. If the customer does not wish to accept the modified terms and conditions, they will have the right to reject the changes to the usage and participation conditions in writing within 14 days of receiving notification of the changes. Otherwise the modified conditions will be deemed to have been approved and the new version of the GT&Cs accepted.
9.3 Soulhouse reserves the right at any time to change the platform and the nature of its technical and creative display options or to adapt them to technical developments.
10. Dispute resolution
10.1 The law of the Federal Republic of Germany applies exclusively to all claims arising from the contract.
10.2 The place of jurisdiction for all disputes arising from the contract is Hamburg provided this is legally permissible.
11. Dispute resolution
The EU commission has created an internet platform for resolving disputes online. You can find further information on the following link: http://ec.europa.eu/consumers/odr. Soulhouse is neither prepared nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
12. Severability Clause
Should individual provisions of these terms and conditions of business be invalid, null and void or unenforceable for other reasons, the effectiveness of the remaining provisions will otherwise remain unaffected.
As of April 2022