GENERAL TERMS AND CONDITIONS

Please read these General Terms and Conditions carefully before making a purchase or using any type of service, and use our services only if you agree with and accept the terms set out herein. This document is concluded exclusively in electronic form; it is not filed or archived. The Parties consider it binding upon themselves. It cannot be retrieved at a later date.

These General Terms and Conditions (hereinafter: “GTC”) set out the rights and obligations of the User who purchases a service/product and uses the electronic commerce services available on the informational website https://www.tmspilates.hu operated by TMS Group Korlátolt Felelősségű Társaság (hereinafter: “Service Provider”), as well as the booking and online sales system available through it at https://app2.tmspilates.hu(hereinafter jointly: “Platform”). The GTC covers all legal transactions available on the Platform in respect of the Pilates studios directly operated by the Service Provider.

The scope of these GTC covers exclusively the services provided by, and the sale of tickets and passes connected to, the Pilates studios located in Hungary and directly operated by TMS Group Kft. as Service Provider (at the time of issuing this document: the general/web interface, as well as the Sopron and Komárno studios), irrespective of whether the given studio actually provides the service within the territory of Hungary or another country. Should any service sold by another business entity (e.g. a franchise partner) acting as an independent contracting party become available on the Platform in the future, such service shall be governed by the General Terms and Conditions of the actual contracting party, which the Service Provider will make separately and clearly available to the User during the booking process.

Definitions

User: Any natural person, legal entity, or organisation without legal personality who uses the services of the Service Provider and enters into a contract with the Service Provider.

Consumer: A User who is a natural person acting outside the scope of their profession, independent occupation, or business activity.

Service Provider: TMS Group Korlátolt Felelősségű Társaság, which provides services under the data set out in Section I of these GTC in respect of its own directly operated Pilates studios, and which enters into a contract with the User.

Platform: The informational website operated by the Service Provider at https://www.tmspilates.hu, together with the booking system available through it at https://app2.tmspilates.hu, which handles booking and online payment.

Developer / Technical Operator: The development and technical operation of the Platform is carried out, on the instructions of the Service Provider, by BWL AI Consulting Kft., acting in the capacity of data processor, without independent decision-making authority.

I. Data of the Service Provider

II. Basic Provisions

1. Any matters not regulated by these GTC, as well as the interpretation of these GTC, shall be governed by Hungarian law, with particular regard to Act V of 2013 on the Civil Code (“Civil Code”), Act CVIII of 2001 on certain issues of electronic commerce services and information society services (“E-Commerce Act”), and the relevant provisions of Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses. The mandatory provisions of applicable legislation shall apply to the Parties even without separate stipulation.

2. These GTC shall enter into force on 10 July 2026 and shall remain in force until revoked. The Service Provider is entitled to unilaterally amend these GTC (circumstances giving rise to an amendment include, in particular: changes in legislation, business interest, changes relating to the Service Provider). The Service Provider shall publish amendments on the Platform and shall notify registered Users, or Users who have previously made a purchase, of the change by e-mail, on the basis of which – in the case of a substantive, significant amendment – the User shall be entitled to withdraw from or terminate the contract. Amendments shall not affect contracts already concluded, i.e. the amendment has no retroactive effect.

III. Scope of Services Available for Purchase

1. The displayed services may be ordered online through the Platform (in certain cases in person or by telephone). Ordering certain services may be subject to registration.

2. The Service Provider indicates in detail on the Platform the name, description, and current price of each service, which form part of these GTC. The Service Provider is entitled to unilaterally amend these; such amendment shall not apply to bookings already placed and confirmed, and the Service Provider shall inform Users, via the Platform, of the newly available terms.

3. A person actually using the service must be a natural person with legal capacity, in generally good health, who has no outstanding debt to the Service Provider arising from a prior legal relationship, and who has reached 16 years of age.

4. A purchased ticket or pass relates to a specific person and may not be transferred to another person without the Service Provider's approval.

5. The Service Provider reserves the right to change its opening hours and class schedule.

6. The User is not entitled to compensation or reimbursement of the fee paid even where a group class instructor is unable to hold the class due to illness, injury, leave, or other circumstance, and the Service Provider is consequently unable to ensure that the class is held. In such cases, the Service Provider will make every effort to offer other group classes, although this cannot always be guaranteed.

7. If, due to maintenance of the premises, the services cannot be used in whole or in part, the Service Provider shall not be obliged to refund the fee already paid for the period concerned. The Service Provider will make every effort to give advance notice, in good time, of any planned maintenance.

8. Exercise in all rooms takes place at the User's own risk; the Service Provider excludes its liability to the fullest extent permitted by law, which the User expressly accepts by accepting these GTC and/or by attending classes. The furniture and equipment of the rooms may only be used at one's own risk and with regard to one's own state of health, for their intended purpose, and in accordance with the instructor's directions. The Service Provider assumes no liability where the person actually using the service has made a false statement regarding their state of health.

IV. Registration, Booking

1. The Service Provider bears no liability for any delay or other problem or error attributable to data provided incorrectly and/or inaccurately by the User.

2. The Service Provider bears no liability for any damage arising from the User forgetting their password, or from it becoming accessible to unauthorised persons for reasons not attributable to the Service Provider.

3. The Service Provider provides a booking and online sales system for Users at https://app2.tmspilates.hu (hereinafter: “Booking System”), the use of which is subject to the terms set out in these GTC. The development and technical operation of the Booking System is carried out, on the instructions of the Service Provider, by BWL AI Consulting Kft.

The Service Provider cannot and does not assume liability for any direct or indirect damage, injury, or accident arising from use of the service provided through the Booking System. This exclusion of liability extends, without limitation, to: outages or errors in the Booking System; loss of data occurring for reasons beyond the Service Provider's control; and the unsuitability of the service for the User.

The Booking System and its content (text, data, images, etc. – excluding data provided by Users) constitute the exclusive intellectual property of the Service Provider; they may only be used with the Service Provider's prior written consent. The Service Provider reserves the right to refuse any User access to the Booking System at any time, at its own discretion.

V. Payment

1. Prices displayed for the services are denominated in Hungarian forints and are gross prices (including statutory VAT, or – where the Service Provider issues VAT-exempt invoices – the amount payable). The User submits their order by clicking the payment button.

2. Payment method: online by bank card, through the payment system of Barion Payment Zrt. (registered seat: 1117 Budapest, Irinyi József utca 4-20, 2nd floor, Hungary; company registration number: Cg. 01-10-048552; tax number: 25353192-2-43; an electronic money institution supervised by the Magyar Nemzeti Bank [the central bank of Hungary], licence number: H-EN-I-1064/2013), or in cash at the premises of the selected studio, where the given studio permits this. Online card payments are governed by the General Terms and Conditions and Privacy Notice of Barion Payment Zrt. in force from time to time, available at https://www.barion.com/hu/.

3. Should any error or omission occur on the Platform regarding services or prices, the Service Provider reserves the right to correct it. In such a case, upon identifying and correcting the error, the User will be informed of the new data without delay, following which the User may confirm the order or withdraw from the contract.

4. The total amount payable includes all costs, as set out in the order summary and confirmation e-mail.

5. The User receives an electronic invoice or receipt following successful payment for the service.

VI. Right of Withdrawal/Termination

1. Pursuant to Directive 2011/83/EU of the European Parliament and of the Council, and Government Decree 45/2014 (II. 26.) on the detailed rules of contracts between consumers and businesses, the Consumer is not entitled to a right of withdrawal/termination in the case of a contract for the provision of services, once the service has been performed in full, or in the case of a contract for a service related to leisure activities, where the contract specifies a fixed date or deadline for performance.

2. In the case of the sale of goods, the User has the right of withdrawal and termination in accordance with the general rules; the Service Provider is subject to warranty obligations under the relevant statutory provisions.

VII. Complaint Handling Procedure

1. It is the Service Provider's aim to fulfil every order to an appropriate standard of quality, to the customer's full satisfaction.

2. The User may communicate a complaint to the Service Provider orally or in writing – including by e-mail.

3. The Service Provider shall investigate an oral complaint immediately and remedy it where necessary.

4. If the User does not agree with the handling of the complaint, or if immediate investigation of the complaint is not possible, the Service Provider shall, without delay, draw up a record of the complaint and its position thereon, and shall proceed in accordance with the rules applicable to written complaints.

We inform Consumers that, should their complaint be rejected, they may initiate proceedings before the competent authority or a conciliation board (the Service Provider has not made a general submission declaration): the Consumer may lodge a complaint with the consumer protection authority pursuant to Section 45/A (1)–(3) of the Consumer Protection Act, and Government Decree 326/2024 (XI. 14.) on the designation of the consumer protection authority (the government office [kormányhivatal] acts as the general consumer protection authority: kormanyhivatalok.hu), and the Consumer may also turn to a conciliation board (contact details: mkik.hu/a-bekelteto-testuletek-teruleti-honlapjai). Should the Consumer not turn to a conciliation board, or should such proceedings not lead to a result, the Consumer may bring the dispute before a court.

VIII. Copyright

Downloading, re-communicating to the public, otherwise using, electronically storing, processing, or selling the content appearing on the Platform, or any part thereof, is prohibited without the Service Provider's written consent – with the exception of the legal documents (GTC, Privacy Notice), which the User may download and store in any form without condition or restriction.

Any material may only be taken from the Platform and its database, even with written consent, by way of reference to the relevant page. The Service Provider reserves all rights to every element of its service, its domain names, and any secondary domain names formed from them. It is prohibited to adapt or reverse-engineer the content of the Platform; to unfairly establish user IDs and passwords; or to use any application by which the Platform, or any part of it, could be modified or indexed. The Platform, its content, and the name “TMS Pilates” are protected by copyright; their use, other than by way of reference, is permitted only with the Service Provider's prior written consent.

IX. Data Protection

The Platform's Privacy Notice is available at the following page: https://app2.tmspilates.hu/adatkezelesi-tajekoztato

X. Miscellaneous Provisions

1. The Service Provider is entitled to engage a contributor to perform its obligations. The Service Provider bears full liability for any unlawful conduct of such contributor, as if it had committed the unlawful conduct itself.

2. Should any part of these GTC become invalid, unlawful, or unenforceable, this shall not affect the validity, lawfulness, and enforceability of the remaining parts.

3. Should the Service Provider fail to exercise a right to which it is entitled under these GTC, such failure shall not be construed as a waiver of that right. Any waiver of a right shall be valid only if made by way of an express written statement to that effect.

This agreement contains all terms agreed between the Parties in respect of its subject matter. Upon conclusion of this agreement, all prior oral or written discussions and agreements reached on this subject shall cease to have effect. The service description, and the descriptions of passes and tickets available on the Platform, form part of the contract.

Budapest, 10 July 2026.