Terms and conditions

1. Scope

These terms and conditions apply to all contracts for wellness massage and relaxation services between Valentyna Kyselova (address as stated in the legal notice) (the “provider”), and her clients (the “client”), regardless of whether the service is provided at the provider’s premises or as a mobile service at the client’s location. Any differing, conflicting or supplementary client terms become part of the contract only if the provider has expressly agreed to them in writing.

2. Formation of the contract

A contract is concluded by a binding appointment agreement between the client and the provider, whether the booking is made by phone, email, messenger services, social media or an online booking function. The contract becomes binding when the provider confirms the appointment.

The provider’s offers, in particular price lists, website content and social media content, are non-binding invitations to book and do not constitute binding offers.

3. Services and images

The services fall within the field of wellness and spa massage. They are intended for relaxation, improvement of general wellbeing and rest, and do not constitute medical treatment, therapy or diagnosis. No curative treatment within the meaning of the German Therapeutic Products Advertising Act (Heilmittelwerbegesetz) or Alternative Practitioners Act (Heilpraktikergesetz) is provided.

Any photographs, videos or before-and-after images shown on a website, social media or other advertising materials serve illustrative purposes only. They do not guarantee or assure a particular treatment outcome. The effects of wellness massage depend on individual factors, including physique, skin condition, health and frequency of use, and may therefore differ from person to person. Images or reference material do not establish an entitlement to a comparable or particular result.

4. Prices and payment methods

The prices communicated or published by the provider at the time of booking apply. Valentyna Kyselova is a small business operator under Section 19(1) UStG; the stated prices are therefore final prices without VAT being shown separately.

Services may be paid for:

• in cash;
• by bank card through the payment service provider SumUp;
• by bank transfer to the business account, followed by the issuing of an invoice.

Unless otherwise agreed, payment is due immediately after the service has been provided or, where an invoice is issued, within the period stated on the invoice.

5. Cancellations and no-shows

If an appointment is cancelled less than 3 hours before the agreed time, a cancellation fee of 50% of the price of the booked service is charged. Failure to attend without prior cancellation results in the full price being charged. If the client arrives late, the agreed treatment time is reduced accordingly; an extension beyond the originally agreed time cannot be guaranteed. The full price remains payable.

The entitlement to payment for late cancellation or non-attendance arises from Section 615 of the German Civil Code (BGB), concerning remuneration in the event of default of acceptance. The client remains entitled to prove that the provider suffered a smaller loss.

If the provider must cancel an appointment at short notice, for example due to illness, the client is informed immediately and incurs no costs. An alternative appointment is offered where possible.

6. Gift certificates

Gift certificates are valid for 3 months from the date of purchase unless expressly stated otherwise. Their value is not paid out in cash. Gift certificates cannot be exchanged or returned. If the recipient cannot redeem the certificate, it may be transferred to another person by prior arrangement with the provider. After the validity period, the certificate expires and there is no entitlement to an extension or refund, insofar as legally permissible.

7. Health information and the client’s duty to cooperate

Before the first treatment, questions about health may be asked to rule out possible contraindications to massage, such as pregnancy, acute inflammation, recent operations, injuries, skin conditions, cardiovascular conditions or other relevant pre-existing conditions. Providing this information is voluntary, but is a prerequisite for safe provision of the service. Details of how this data is processed are set out in the privacy policy.

The client must disclose known health restrictions, illnesses or contraindications truthfully and completely, and must proactively report any changes in health before subsequent treatments. The provider accepts no liability for health consequences resulting from inaccurate, incomplete or withheld information.

The provider reserves the right to refuse or discontinue treatment where there are indications of health risks or the client is evidently under the influence of alcohol or drugs. In such cases, the agreed price remains payable in accordance with Section 5 if the client is responsible for the grounds for refusal.

8. Right of withdrawal for consumer contracts

If a contract with a consumer is concluded away from business premises or at a distance, for example exclusively by phone, email or online booking without personal contact, the consumer may have a statutory right of withdrawal under Sections 312g and 355 BGB. As the service is provided on a fixed date, attention is drawn to the statutory exception under Section 312g(2), point 9 BGB, concerning services related to leisure activities on a specified date, under which a right of withdrawal may be excluded depending on the contractual arrangement. Where legally required, the client will receive separate information in the individual case.

9. Liability

The provider is liable without limitation for loss resulting from injury to life, body or health caused by a negligent or intentional breach of duty, and for other loss arising from an intentional or grossly negligent breach of duty or fraudulent conduct by the provider.

For breaches caused by slight negligence, the provider is liable only where a material contractual obligation is breached, the performance of which enables proper execution of the contract and on which the client may regularly rely. In that case, liability is limited to foreseeable loss typical of the contract.

Any further liability is excluded. These limitations do not apply to claims under the German Product Liability Act or in cases of mandatory statutory liability.

10. Hygiene and conduct during treatment

The client is expected to follow the provider’s hygiene and safety instructions during treatment. For mobile appointments, the client provides a suitable, clean and sufficiently large room and, where required, access to electricity and water.

11. Minors

Services for minors are provided only with the prior consent of their legal guardians.

12. Data protection

Processing of personal data, in particular health-related information and any images, is governed by the provider’s separate privacy policy, which is made available to the client before or upon conclusion of the contract.

13. Changes to these terms and conditions

The provider reserves the right to amend these terms and conditions with effect for the future, for example following changes in the law or the services offered. Clients are informed of material changes in an appropriate manner. Appointments already booked remain subject to the terms and conditions applicable at the time of booking.

14. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the client is a consumer habitually resident in another country at the time of booking, the application of that country’s mandatory consumer protection rules remains unaffected.

If individual provisions of these terms and conditions are or become invalid, the remaining provisions remain valid. Where available, the statutory provision takes the place of the invalid provision.