Terms of Use

General information:

EvoGolf GmbH, with business address: Kurfürstenstraße 31/32, 10785 Berlin (“EvoGolf”), is an indoor golf club operator.

These General Terms and Conditions apply exclusively to all golf club membership contracts concluded via our website between EvoGolf and you as our member. These General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.

All agreements made between you and us in connection with the contract result in particular from these terms and conditions, our written order confirmation and our declaration of acceptance.

Unless expressly agreed otherwise, these GTC shall also apply to all future legal transactions between us and our members. The version of the GTC valid at the time of conclusion of this contract shall apply. Verbal collateral agreements must be made in writing to be valid.

We do not accept any deviating terms and conditions of the members and these are expressly rejected. This also applies if we do not expressly object to their inclusion or conclude the contract with the respective member without reservation in the knowledge that the member’s terms and conditions conflict with or deviate from our GTCs.

Offer and conclusion of contract:

EvoGolf provides offers for various memberships on its website. These offers are non-binding and are subject to availability.

Interested parties can purchase membership via a financial service provider named by EvoGolf. The purchase of membership via the financial service provider’s website constitutes the binding conclusion of a membership contract. Subject to the availability of memberships, EvoGolf shall accept this offer immediately after receipt of the offer, but at the latest within 14 calendar days of receipt of the offer, confirmation of the conclusion of the contract by email.

If no memberships are available at the time of purchase, the interested party has the option of being placed on a waiting list. However, inclusion on the waiting list does not constitute a binding offer to conclude a membership contract.

After successfully purchasing a membership, the member receives an access link to the EvoGolf booking portal and its services to the email address used when purchasing the membership. The membership will be activated within 24-48 hours of the member purchasing the membership so that the member can make bookings via their account.

Membership and services:

EvoGolf membership has a fixed term of one year from account activation and includes access to golf simulators, gym, changing rooms, showers and events. Details of the respective membership packages and their prices can be found on the EvoGolf website.

Payment terms and fees:

Our prices include the statutory value added tax of currently 19%. The current prices can be viewed online at www.evogolf.de or at the provider’s premises.

Membership fees are payable annually or monthly in advance. Details of the payment modalities are specified in the respective membership contract.

Discounts and special offers:

Members can benefit from special discounts and offers offered by EvoGolf from time to time. These depend on the conditions of the promotion in question.

If discounts on membership fees are granted as part of special promotions or special offers, these discounts apply exclusively for a period of one year from the start of membership. After expiry of this one-year period, the regular prices valid at the time of membership renewal in accordance with the current EvoGolf price list shall apply if membership is continued.

An automatic extension of discount campaigns or special conditions beyond the specified period is excluded unless EvoGolf has made an express written agreement to this effect.
If it is established that a discount code has been acquired or used unlawfully, in particular if the code was not intended for the person concerned, EvoGolf reserves the right to cancel the discount granted retroactively and to demand payment of the regular prices applicable at the time the membership was concluded – also retroactively.

In cases of unlawful acquisition or unlawful use of discount codes, EvoGolf may also terminate the membership of the member concerned without notice.

In such a case, the member will be informed of the cancellation of the discount and of the termination of membership. EvoGolf GmbH reserves the right to take further legal action against the respective member in such a case, should this appear necessary.

Booking conditions for simulators and coaching lessons:

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Both guests and members of EvoGolf have the option of booking simulators, individual coaching lessons or group training sessions. For each booking, the person making the booking can either register only themselves (for events) or up to a maximum of three other players (simulator or training sessions).

Bookings can be made via the booking channels provided by EvoGolf.

Bookings can be canceled free of charge up to 48 hours before the booked date. To cancel a booking, the person making the booking must do so directly via the EvoGolf booking portal.

If the booking is canceled 48 hours before the booking, the amount paid will be credited to the booker in booking credits.

Cancellations made less than 48 hours before the booked date will be charged 100% of the fees for the booked service. This applies to both members and guests.

EvoGolf reserves the right to change or cancel bookings for operational reasons. In such cases, affected users will be informed immediately and no fee will be charged by EvoGolf.

Access to the club and gym:

EvoGolf members have access to the club and gym at all times during opening hours. All members are expected to use the facilities responsibly and comply with the applicable house rules and code of conduct.

Guests of members:

Members may bring up to three guests to the club and invite them to their bookings. This rule allows members to share club life with friends and family.

Guests do not have access to the gym. The gym area is reserved for members only to ensure their exclusive use and safety.

Restrictions for special events:

At special events and functions, the number of guests that a member may bring may be restricted. This measure serves to ensure a smooth process and a pleasant atmosphere for all participants.

Members will be informed in advance about such restrictions and the details of the respective event.

Responsibility for guests:

Members are responsible for the behavior of their guests and must ensure that they adhere to the club rules and etiquette. Violations may result in restrictions or revocation of guest privileges.

Security and surveillance:

EvoGolf premises are under camera surveillance for the protection of property and the safety of members, in compliance with applicable data protection laws.

Liability and compensation:

In the event of theft or willful damage to property by a member, EvoGolf will immediately terminate the membership with this member by extraordinary termination and charge a contractual penalty of EUR 2,000 from this member. A report will also be made to the police.

Disclaimer:

• Acceptance of Risk: By participating in indoor golf at EvoGolf, participants acknowledge that participation in such activities involves risk, including but not limited to injury from their own actions, the actions of others, existing conditions of the facilities or equipment, and/or the natural risks of the sport itself.
• Indemnity: Participants agree to indemnify and hold harmless EvoGolf and its owners, employees, agents and affiliates from any claims, damages, injuries or losses suffered by them while using the facilities or participating in activities, except those resulting from gross negligence or wilful misconduct on the part of EvoGolf.
• State of health: Participants warrant that they are in good physical condition and that there is no medical reason why they should not take part in the activities. They are responsible for knowing their own state of health.
  Personal responsibility: Participants recognise that they accept full responsibility for any risks, injuries or damage that may arise from participation in the activities.
• Compliance with the rules: Participants agree to abide by all rules and instructions of EvoGolf regarding the use of facilities and participation in activities.
• Legal validity: Should any part of this disclaimer be legally invalid, the remaining parts shall remain in force.
  Declaration of consent: By participating in the activities at EvoGolf, participants agree to the terms of this disclaimer.

Cancellation of membership:

Membership with EvoGolf must be terminated in writing and sent to the email address kontakt@evogolf.de.
The notice of termination must be received by EvoGolf at least four (4) calendar weeks before the end of the membership year. If notice of termination is not given in due time, the contractual relationship is automatically extended for a further year.
Upon receipt of the notice of termination by EvoGolf, the member will be informed of the end of their membership and the associated changes by EvoGolf immediately in text form.

Change to the GTCs:

EvoGolf reserves the right to amend these GTCs at any time. Members will be informed of such changes.

Cancellation policy:

You have the right to withdraw from this contract within fourteen calendar days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise the right of withdrawal, you must inform us, EvoGolf GmbH, Kurfürstenstraße 31/32, 10785 Berlin, E-Mail address: kontakt@evogolf.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the following sample withdrawal form, but this is not mandatory. You can use the following model withdrawal form, but this is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Reasons for exclusion or expiry of the right of withdrawal

The right of withdrawal does not apply to distance contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiry date would be exceeded, or
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.

– End of the withdrawal policy –

Dispute resolution

The provider does not participate in dispute resolution proceedings. A competent body would be: Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, https://www.verbraucher-schlichter.de/

Data protection notice

We collect, process and use your personal data, in particular your contact details for processing your membership, including your email address, if you provide it to us. We may use information (e.g. a so-called score value) from external service providers to help us check your creditworthiness and make the payment method dependent on this. The information also includes information about your address. This is done for the purpose of contract processing, Art. 6 para. 1b) GDPR. For details, please refer to our privacy policy (https://www.evogolf.de/datenschutz/)

Final provisions:

Should individual provisions of these GTCs be or become invalid, the validity of the remaining provisions shall remain unaffected.

German law applies exclusively to contracts with the provider. Place of jurisdiction is Berlin.