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1. Scope

1.1. These General Terms and Conditions (“Terms”) apply to all registrations, bookings and payments relating to the everyBodydance course programme offered by SEAD – Salzburg Experimental Academy of Dance GmbH, Schallmooser Hauptstraße 48a, 5020 Salzburg. They apply regardless of whether a course is booked through the partner platform Eversports or directly at the SEAD reception.

1.2. Where applicable, the General Terms and Conditions and Terms of Use of Eversports, as amended from time to time, also apply to bookings made through the platform.

1.3. If there is any conflict between these Terms and the terms applicable through Eversports, the mandatory provisions of applicable law shall take precedence. Otherwise, the terms specifically agreed for the individual booking shall apply.

1.4. Nothing in these Terms shall limit or exclude any statutory rights that consumers are entitled to under Austrian consumer protection law.

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2. Registration and Conclusion of the Contract

2.1. Registration for a course can be completed either through Eversports or directly at the SEAD reception.

2.2. The contract for participation in the course programme is concluded once the booking has been confirmed or SEAD has accepted the registration. For bookings made through Eversports, the contract may also be concluded directly through the booking confirmation issued by the platform.

2.3. Participation in a course is generally only possible once the applicable course fee has been paid in full.

2.4. Current prices, course schedules, locations and other course conditions are published on the SEAD website, through Eversports or at the SEAD reception.

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3. Course Organisation and Schedule

3.1. Unless otherwise stated, dance classes take place once a week from the specified start date at the scheduled time.

3.2. Regular classes generally do not take place on public holidays or during school holiday periods. Any exceptions will be announced by SEAD or the respective course instructor in good time where possible.

3.3. Each semester generally consists of 15 classes, while a full course year generally consists of 30 classes.

3.4. If a scheduled class has to be cancelled or postponed for organisational reasons or for any other reason attributable to SEAD, SEAD will offer a replacement class wherever reasonably possible.

3.5. SEAD reserves the right to make changes to individual courses, schedules, studios or instructors for legitimate reasons, or to cancel a course altogether. Participants will be informed of any such changes as early as reasonably possible.

3.6. A change of studio or instructor does not generally entitle participants to a refund, provided that the booked course can still be carried out without a significant impact on its essential content or quality.

3.7. If SEAD permanently cancels a course and does not offer an equivalent alternative, any course fees already paid for services that have not yet been provided will be refunded on a pro-rata basis.

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4. Course Passes and Eligibility to Participate

4.1. SEAD offers, in particular, the following types of course passes:

• Semester Pass: entitles the holder to attend the course booked for the respective winter or summer semester;

• Annual Pass: entitles the holder to attend the course booked for the entire course year;

• Abo Pass: depending on the product purchased, entitles the holder to attend several or all courses within the relevant course category;

• Single-Class Pass: entitles the holder to attend one selected class.

4.2. All course passes are issued to a specific person and are non-transferable.

4.3. Course passes may not be passed on, sold or otherwise transferred to another person.

4.4. Classes that are not attended generally expire at the end of the respective validity period and will not be refunded unless otherwise provided for in these Terms or in the specific course offer.

4.5. Participants are generally not entitled to make up missed classes. This applies in particular in cases of personal circumstances, illness, holidays or any other reason for non-attendance.

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5. Validity of Abo Passes

5.1. An Abo Pass entitles the holder to attend the courses included in the respective product within the specified course category.

5.2. Abo Passes 7 and 10 are valid only for the semester in which they were purchased. Unused classes cannot be carried over to the following semester.

5.3. Abo Passes 14 and 20 are valid throughout the respective course year for which they were purchased. Unused classes cannot be carried over to the following course year.

5.4. The cancellation or rescheduling of an individual class does not generally entitle the holder of an Abo Pass to a refund, provided that the pass can still be used for other courses included in the respective product.

5.5. If specific Abo products are subject to additional terms of use, these will be stated in the relevant product description.

 

6. Prices and Payment

6.1. All prices stated are final prices per person and include all applicable taxes and charges required by law.

6.2. Payment must be made using one of the payment methods offered through Eversports or directly at the SEAD reception.

6.3. In the event of late or outstanding payment, SEAD may refuse participation until the outstanding amount has been paid in full.

6.4. In the event of late payment, the applicable statutory provisions shall apply. SEAD is entitled to claim any necessary and legally permissible costs incurred in enforcing its payment claim.

 

7. Cancellation and Voluntary Right of Withdrawal

7.1. Where no statutory right of withdrawal applies, SEAD voluntarily grants customers a 7-day right to withdraw from or cancel their purchase of a course pass, starting from the date on which the course pass is purchased. The cancellation must be submitted in writing within this period to everybodydance@sead.at.

7.2. This voluntary right of withdrawal does not apply where mandatory statutory provisions provide otherwise. Any statutory rights of withdrawal remain unaffected.

7.3. If a course pass has already been used in part during the 7-day period, the voluntary withdrawal will result in a pro-rata refund of the amount paid for the services that have not yet been used.

7.4. Refunds will generally be processed within ten business days and, where possible, using the same payment method used for the original purchase. Where necessary, a refund may also be made by bank transfer.

7.5. This voluntary arrangement does not affect any statutory warranty rights, rights of withdrawal or other consumer rights.

 

8. Distance Selling and Eversports

8.1. For bookings made through Eversports, the booking, payment and cancellation terms applicable on the platform may also apply.

8.2. For courses or services that qualify as leisure activities provided at a specific date or during a specified period, the statutory right of withdrawal under the Austrian Long-Distance and External Transactions Act (FAGG) may be excluded.

8.3. Information regarding any applicable statutory right of withdrawal, or its exclusion, will be provided in accordance with the applicable legal requirements and the booking terms of Eversports.

 

9. Discounts and Promotions

9.1. SEAD offers various discounts and promotional offers from time to time. The applicable offers and eligibility requirements will be published on the SEAD website and/or communicated through the relevant booking channels.

9.2. Where proof of eligibility is required to claim a discount, this must be sent to everybodydance@sead.at or presented at the SEAD reception when making the purchase.

9.3. Discount codes may only be used in accordance with the terms specified for the respective promotion. Unless expressly agreed otherwise, discounts cannot be applied retroactively to purchases that have already been completed.

9.4. Discounts and promotional offers generally cannot be combined unless expressly stated otherwise.

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10. Participation Requirements and Personal Responsibility

10.1. Participation in dance classes is generally at the participant’s own responsibility.

10.2. Participants are responsible for assessing their own physical fitness and suitability for the respective course. If they are unsure whether participation is appropriate, they should seek medical advice where necessary.

10.3. Participants must inform the course instructor before the start of the class of any health conditions, injuries or other circumstances that may affect their ability to participate or perform certain exercises.

10.4. Participants must follow the instructions given by the course instructor and SEAD staff, particularly where these instructions are intended to ensure safety and the proper running of the class.

10.5. For safety reasons, the course instructor may modify certain exercises or movements or ask a participant not to perform specific exercises.

 

11. Conduct and House Rules

11.1. All participants and visitors are expected to behave considerately and to treat SEAD’s studios, premises, facilities and other property with care.

11.2. Any damage or other incidents must be reported to the course instructor or SEAD staff without undue delay.

11.3. Where damage has been caused intentionally or through negligence, SEAD may assert claims for compensation in accordance with applicable law.

11.4. Instructions given by SEAD staff must be followed.

11.5. In cases of repeated or serious misconduct, SEAD may exclude a person from the course or impose a ban from the premises. Such exclusion does not generally release the participant from payment obligations that have already arisen. Statutory rights and claims remain unaffected.

11.6. In the event of a fire or other emergency alarm, the premises must be evacuated immediately using the designated emergency exits. The instructions of SEAD staff and emergency services must be followed.

 

12. Alcohol, Drugs and Smoking

12.1. Smoking and the use of e-cigarettes or similar products are strictly prohibited in all course rooms, common areas and sanitary facilities, as well as in any other areas where smoking is not expressly permitted.

12.2. Alcohol is prohibited throughout all premises used by SEAD unless expressly permitted by SEAD.

12.3. The course instructor or SEAD staff may refuse participation to anyone who is visibly intoxicated or under the influence of drugs or other intoxicating substances.

12.4. Where participation is refused on the basis of this section, there is generally no entitlement to a refund for the relevant class.

 

13. Exclusion from Participation

13.1. SEAD may exclude participants from further participation in the course programme in the event of serious or repeated violations of these Terms, the house rules or safety instructions.

13.2. Immediate exclusion may be imposed in particular where a person poses a significant risk to others, behaves aggressively or in a discriminatory manner, possesses or consumes illegal drugs, or seriously disrupts the course.

13.3. The statutory rights and claims of participants remain unaffected.

 

14. Participants Under the Age of 18

14.1. The applicable statutory provisions governing the legal capacity of minors shall apply to participants

under the age of 18.

14.2. Where required, registration must be completed by the participant’s legal representative or must be approved by them.

14.3. Any age limits and other participation requirements specified for the individual course must be observed.

 

15. Liability

15.1. Participation in the course programme is generally at the participant’s own responsibility. SEAD’s liability is governed by applicable law.

15.2. Any limitation of liability does not apply to damage resulting from injury to life, body or health for which SEAD is legally responsible, nor to damage caused intentionally or through gross negligence.

15.3. To the extent permitted by law, SEAD accepts no liability for personal belongings brought onto the premises, including clothing, valuables, mobile phones or other personal items.

15.4. Participants are liable in accordance with applicable law for any damage they culpably cause to SEAD’s facilities, premises or other property belonging to SEAD or third parties.

 

16. Photography, Video and Audio Recordings

16.1. SEAD may take photographs, video or audio recordings during courses or events only in compliance with applicable data protection laws and, where required, on the basis of the participant’s consent.

16.2. Consent to the use of photographs, video or audio recordings is voluntary and, where consent is required as the legal basis for processing, may be withdrawn with effect for the future.

16.3. Further details regarding photography, video and audio recordings may be set out in a separate consent form or privacy notice.

 

17. Data Protection

17.1. SEAD processes personal data in connection with the registration, booking, delivery and administration of the course programme in accordance with applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act.

17.2. Personal data will only be processed where there is a legal basis for doing so, where processing is necessary for the performance of a contract, or where another lawful basis applies.

17.3. Further information regarding the data controller, the purposes and legal bases of processing, recipients, retention periods and the rights of data subjects is available in SEAD’s separate Privacy Policy.

17.4. Where bookings are made through Eversports, personal data may also be processed by Eversports. The Eversports privacy policy will apply in addition to these provisions.

 

18. Communications and Changes

18.1. Communications relating to the course programme may, where legally permitted, be sent by email, via Eversports or through other communication channels specified by SEAD.

18.2. Participants are responsible for keeping the contact details required for their booking up to date.

18.3. Changes to class times, studios or organisational arrangements will be communicated as early as reasonably possible.

 

19. Complaints and Contact

19.1. Questions, complaints or other concerns relating to the course programme may be addressed to:

everybodydance@sead.at

19.2. SEAD will endeavour to address complaints and other concerns promptly and appropriately.

 

20. Applicable Law and Jurisdiction

20.1. These Terms shall be governed by Austrian law, excluding its conflict-of-law provisions, to the extent that this does not conflict with mandatory statutory provisions, in particular applicable consumer protection laws.

20.2. For consumers, the statutory rules on jurisdiction shall apply. Any agreement providing for a different place of jurisdiction shall only be made to the extent permitted by law.

20.3. For business customers, the courts at the registered office of SEAD shall have jurisdiction to the extent permitted by law.

 

21. Final Provisions

21.1. If any provision of these Terms is or becomes wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a legally permissible provision that comes as close as possible to the economic purpose of the original provision.

21.2. Amendments or additions to these Terms will be communicated to participants in an appropriate manner. For contracts that have already been concluded, amendments shall only apply to the extent permitted by law and where the amendment has been validly agreed.

21.3. The version of these Terms that was validly incorporated into the contract at the time the respective contract was concluded shall apply.

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