Convenience translation – only the German version (/agb/) is legally binding.
General Terms and Conditions for Wellness Massages
As of: October 2026
§ 1 Scope, Provider
(1) These terms apply to all contracts for wellness massages between Shirish Pandit, Max-Eyth-Str. 16, 14195 Berlin, email: shirish@shirishpandit.com, phone: +49 174 3453362 (the “Provider”), and his customers (the “Guest”).
(2) They apply to (a) massages at the Provider’s premises in Berlin-Dahlem, (b) home visits and (c) massages at events (“Massage at Events”). For (c), § 12 applies in addition.
(3) Conflicting terms of the Guest apply only if the Provider agrees to them in text form.
§ 2 Conclusion of Contract
(1) The presentation of services on the website is not a binding offer. An enquiry via the booking form, by email or by WhatsApp is non-binding.
(2) The Provider then sends an appointment offer in text form (email or WhatsApp) stating the service, date, place and price. In it, he refers to these terms and to the withdrawal policy.
(3) The contract is concluded when the Guest accepts this offer in text form (e.g. “Yes, binding booking”). The Provider then confirms the contract in text form.
(4) The contract language is German. An English version is for information only.
§ 3 Services – Wellness Only
(1) The Provider offers wellness massages for relaxation and well-being, inspired by Indian massage traditions.
(2) The Provider is neither a physician, nor a licensed alternative practitioner (Heilpraktiker), nor a physiotherapist. The massages are not medical treatment, not therapy and not diagnosis. They do not replace a medical examination or treatment. The Provider gives no medical advice and makes no promise of healing.
(3) Erotic or sexual services are excluded.
(4) The service is a service contract (Dienstleistung); no particular result is owed.
§ 4 Health, Cooperation of the Guest
(1) Before the first massage, the Guest fills in the client form. He provides health information only in the client form, not in the booking form.
(2) Before every massage, the Guest informs the Provider of any circumstances that may speak against a massage. Examples: fever or acute infections, recent injuries or surgery, thrombosis or blood clotting disorders, skin inflammation, pregnancy, acute complaints. In case of doubt, the Guest clarifies in advance with his doctor whether a massage is suitable for him.
(3) The Provider may decline, adapt or stop a massage if it does not appear justifiable to him for health reasons. If this is due to circumstances the Guest did not disclose beforehand, § 7 (3) applies accordingly. Otherwise, the Guest pays only proportionally for the time actually provided.
(4) The Guest may interrupt or end a massage at any time. Services already provided must be paid for.
(5) Minimum age: 18 years. Minors can only be booked with the prior written (text form) consent of their parents or legal guardians; they must co-sign or confirm the appointment offer and the client form.
(6) Pregnancy: A regular massage is excluded during pregnancy. On request, a gentle well-being treatment of the arms, hands, face, neck and shoulders can be offered that does not set labour-inducing stimuli (no pressure on legs, feet, lower abdomen or lower back). A prerequisite is a written declaration by the pregnant person (text form, e.g. in the client form or by message) that, to her knowledge, there is no high-risk pregnancy and no medically ordered rest, that in case of doubt she has asked her doctor / midwife beforehand, and that she requests the described gentle treatment of her own wish. The Provider may decline or stop the treatment even then.
§ 5 Prices
(1) The prices shown on the website at the time of contract conclusion, or stated in the appointment offer, apply. An introductory price applies only once per person for the first booking.
(2) In accordance with § 19 UStG (small business regulation), no value-added tax is charged.
(3) A travel surcharge applies to home visits, depending on distance and access (e.g. upper floor without a lift). It is stated in advance in the appointment offer currently €10–40.
(4) For home visits, the Provider brings a massage table. The Guest provides a free, level area of approx. 2 × 3 m in a suitably warm room. Pets should not be in the room during the massage.
§ 6 Payment
The price is due after the massage, payable in cash, by bank transfer or by PayPal. No deposit is required. For bank transfers, the amount is to be paid within 7 days of the invoice.
§ 7 Cancellation, No-Show, Lateness
(1) The Guest may cancel or reschedule an appointment free of charge up to 24 hours before it begins. Cancellation is possible in text form (email, WhatsApp, SMS).
(2) If the Guest cancels later than 24 hours beforehand, the Provider may charge 50 % of the agreed massage price (excluding the travel surcharge).
(3) If the Guest does not appear without cancelling, or does not provide access during a home visit, the Provider may charge 100 % of the agreed massage price, less saved expenses. The travel surcharge is owed only if the journey has already been made.
(4) The Guest remains free to prove that the Provider suffered no loss or a substantially lower loss. If the Provider fills the slot otherwise, the fee does not apply.
(5) No fee applies if the Guest cancels for a reason for which he is not responsible (e.g. sudden illness). He should then give notice as early as possible.
(6) If the Guest arrives late and there is a following appointment, the massage can only last until the agreed end. The full price remains owed. If the Provider is late, the time is made up or the price is reduced proportionally.
(7) If the Provider cancels, the Guest receives any payments already made back in full.
(8) The statutory right of withdrawal (§ 9) remains unaffected.
§ 8 Respect, Hygiene, Termination
(1) The massage takes place in a respectful, professional setting. The Guest keeps underwear on. Body areas that are not being massaged are covered with towels.
(2) The Guest arrives well-groomed and not under the influence of alcohol or drugs.
(3) In the case of sexual innuendo, harassment, boundary violations or other inappropriate behaviour, the Provider may end the massage immediately and decline further appointments. The agreed price remains owed in this case. For home visits, the same applies if the Provider perceives the circumstances on site as unsafe.
§ 9 Right of Withdrawal for Consumers
If the contract is concluded exclusively by means of distance communication (website, email, WhatsApp, telephone), consumers have a statutory right of withdrawal. Details are set out in the withdrawal policy below.
§ 10 Liability
(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.
(2) In the case of slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for this type of contract. An obligation is essential if its fulfilment is a precondition for the proper performance of the contract and the Guest may regularly rely on its observance. Otherwise, liability for slight negligence is excluded.
(3) Paragraphs (1) and (2) also apply to vicarious agents.
(4) Contributory fault of the Guest, in particular by omitting information required under § 4, is taken into account under § 254 BGB (German Civil Code).
§ 11 Data Protection
Personal data is processed in accordance with the privacy policy (German). Health information in the client form is processed only with explicit consent (Art. 9 (2) (a) GDPR) and deleted after 12 months.
§ 12 Supplement: Massage at Events
(1) Massages at events (express foot and neck/shoulder massages, approx. 10 minutes per person) are booked in time blocks. Minimum booking: 2 hours. Price by quotation, currently from €50/hour. Travel and materials by quotation.
(2) The client provides a suitable, quiet place with seating, light and power supply. The client informs the guests that these are wellness massages. The Provider may decline individual guests under § 4 and § 8.
(3) Invoice after the event, payable within 14 days. No deposit is required.
(4) Cancellation by the client (working days = Monday to Saturday, excluding public holidays; weekend and public-holiday appointments are possible by prior arrangement): more than 5 working days before the start free of charge; 3 to 5 working days before the start 50 % of the agreed fee; fewer than 3 working days before the start or in case of no-show 100 % of the agreed fee, in each case less saved expenses. § 7 (4) and (5) apply accordingly. The 24-hour rule of § 7 does not apply to events.
(5) If the client is a business (§ 14 BGB, e.g. an agency): there is no right of withdrawal. The place of jurisdiction is Berlin, provided the client is a merchant, a legal entity under public law or a special fund under public law. The liability rules of § 10 also apply towards businesses.
§ 13 Dispute Resolution
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 Final Provisions
(1) German law applies. Towards consumers, this applies only insofar as it does not deprive them of the protection of mandatory provisions of their country of residence.
(2) Amendments and cancellations are possible in text form.
(3) Should a provision be invalid, the rest of the contract remains valid. The statutory provision (§ 306 BGB) replaces the invalid provision.
Withdrawal policy (for information only)
For information only – the German version (/agb/#widerruf) is the binding one.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Shirish Pandit, Max-Eyth-Str. 16, 14195 Berlin, phone: +49 174 3453362, email: shirish@shirishpandit.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of 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 fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
– To Shirish Pandit, Max-Eyth-Str. 16, 14195 Berlin, shirish@shirishpandit.com:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate.
