GTC
1. Scope of application
These General Terms and Conditions ("GTC") apply to the entire business of Waved GmbH (hereinafter referred to as "Company"). The Company operates a fitness studio and offers other services according to the current advertisement on the website.
2. Conclusion of contract
The conclusion of the contract is effected by the acceptance of the offer of the Company regarding the purchase of services by the Customer.
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The contract is concluded in any case when the client uses the services offered by the company.
3. Prices
The Company offers different services and memberships, each of which is advertised with the current prices on the Company's website. The offer as well as the opening hours of the facility may change at any time, which does not entitle to any refund or extension of the membership.
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Unless otherwise quoted, all prices are in Swiss Francs (CHF). All prices are exclusive of any applicable value added tax (VAT) and exclusive of any other applicable taxes.
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The company reserves the right to change prices at any time. The prices valid at the time of the conclusion of the contract shall apply.
4. Membership
Membership is personal and non-transferable.
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A current membership can be terminated at the end of the contractual minimum term of 12 or 24 months with a notice period of three months by registered letter. Otherwise the contract will be extended for another 12 months.
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For quality reasons, the company reserves the right to limit the number of participants per class / training and on the facility area.
5. Payment
The company offers the customer the following payment options: Invoice, credit card, Postcard, Twint.
If payment by invoice has been agreed, the Client is obliged to pay the invoiced amount within 10 (ten) days from the invoice date. In case of a high contract amount, the Company may require a deposit from the Client.
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If the invoice is not paid within the aforementioned payment period, the Customer will be warned. If the customer does not pay the invoice within the set reminder period, he automatically falls into arrears. From the moment of default, the customer owes default interest in the amount of 5% (five percent).
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Offsetting of the invoiced amount against any claim the Client may have against the Company is not permitted.
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The Company has the right to refuse to provide services in case of delayed payment.
6. Duties of the Company
6.1. Provision of Services
Unless otherwise agreed, the Company shall fulfill its obligation by providing the agreed service. If no other provisions are agreed upon, the place of performance shall be the registered office of the Company.
6.2. Auxiliary persons
The parties have the express right to engage auxiliary persons for the performance of their contractual duties.
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They shall ensure that the auxiliary personnel are engaged in compliance with all mandatory statutory provisions and any collective labor agreements.
7. Duties of the customer
The customer is obligated to cancel individual training sessions at least 48 hours in advance if he cannot participate in the training. Otherwise he will be charged for this hour.
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The customer is obliged to notify any change of data relevant to the contract (e.g. name, address, email) within 14 days at the reception or by email at buelach@fitnesslab.pro.
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The customer is obliged to make all arrangements necessary for the provision of the service by the company immediately. The Customer shall make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include providing appropriate information and documentation to the Company.
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The conclusion of suitable insurances (liability and accident insurance) is the sole responsibility of the customer.
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By entering into a membership, the customer confirms that his state of health is impeccable. If the customer has not exercised regularly in the last two years or if there has been a serious illness and/or medical intervention in the last two years, a medical examination is recommended before starting training.
8. Abopause
In case of a valid reason (illness, pregnancy, accident, military service) the subscription can be interrupted for a period of at least 2 weeks upon presentation of appropriate documents (medical certificate, marching orders). This must be applied for in the 1st month after the cessation of the certified absence. Applications submitted at a later date will not be considered.
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Without giving reasons, the membership can not be deposited.
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An interruption due to vacation absences is possible from 21 (twenty-one) consecutive days. For this, a vacation confirmation (travel documents, fuel receipt or similar) must be able to be presented.
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For the administrative effort of a subscription break (regardless of the reason for the absence) a lump sum of CH 30.00 per interruption will be charged in advance. The contract period will then be extended according to the absence.
9. Warranty
The company guarantees to perform the agreed services in the quality customary in the industry.
10. Liability
The use of the facilities and training is at your own risk. The liability for any indirect damages and consequential damages is fully excluded.
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The company is not liable for the loss of personal belongings. The conclusion of an appropriate insurance is the responsibility of the customer.
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The liability for direct damages is only valid in case of proper use by the customer and is limited to the contract sum. This limitation of liability does not apply to direct damage caused by gross negligence or intent.
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The customer is obliged to report any damage to the company immediately. Any liability for auxiliary persons is limited in the same scope.
11. General terms and conditions / house rules / violation
The customer undertakes to comply with these GTC and to follow the instructions of the staff. The house rules of the visited facility apply. Gross violations of the house rules, these GTC or instructions of the staff may result in the issuance of a house ban and / or termination of membership. In these cases, there is no right to a refund of the membership fee.
12. Intellectual property rights
All rights to the products, services and any trademarks are the property of the company or it is entitled to use them by the owner.
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Neither these General Terms and Conditions nor any associated individual agreements shall include the transfer of any intellectual property rights, unless this is explicitly mentioned.
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In addition, any further use, publication and making available of information, images, texts or anything else that the customer receives in connection with these provisions is prohibited, unless it is explicitly approved by the company.
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If the Customer uses contents, texts or pictorial material in connection with the Company to which third parties have a property right, the Customer shall ensure that no property rights of third parties are infringed.
13. Data protection
The Company may process and use the data recorded in the course of the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes. The data necessary for the performance of the service may also be disclosed to contracted service partners or other third parties.
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Furthermore, the data protection regulations shall apply.
14. Changes
These General Terms and Conditions may be amended by the Company at any time.
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The new version shall come into force 30 (thirty) days after the Company has posted it on the Website.
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The version of the General Terms and Conditions that is in force at the time of the conclusion of the contract shall apply to the Customers. Unless the Customer has agreed to a newer version of the GTC.
15. Priority
These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which specify the provisions of these GTC shall take precedence over these GTC.
16. Severability clause
If a provision of this contract or an addendum to this contract is or becomes invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any gaps in the contract.
17. Force majeure
If the timely performance by the Company, its suppliers or third parties involved becomes impossible as a result of force majeure, such as natural disasters, earthquakes, volcanic eruptions, avalanches, thunderstorms, storms, wars, riots, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from the performance of the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company may withdraw from the contract. The Company shall fully reimburse the Client for any payment already made.
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Any further claims, especially claims for damages due to vis major are excluded.
18. Applicable Law / Place of Jurisdiction
These GTC are subject to Swiss law. Unless mandatory statutory provisions prevail, the court at the registered office of the company shall have jurisdiction. The company is free to file a lawsuit at the defendant's domicile. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.211.1) is explicitly excluded.