Legal notice

 

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discountfit company ag
warpelstrasse 3
3186 düdingen
telefon: 0800 027 027
e-mail: info@discountfit.ch
mwst. nr. che-336.894.319

 

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vertragsbestimmungen der discountfit company ag für selbstbedienungs-fitnesscenter

 

1. discountfit company ag, Warpelstrasse 3, 3186 Düdingen (the company) provides its members amongst other things with cardio and fitness equipment, free weight areas and infrastructure (equipment) for their non-exclusive use during the opening hours of its self-service fitness centers (centers).

The membership is personal and cannot be transferred. The minimum age is 16 years; whereas individuals under the age of 18 require the consent of their parent or legal guardian to join. The use of the equipment by the member is limited to the duration or validity of this contract and is at their own risk. The company has no insurance cover for its members. People who have not done sport for a long time, experience health problems, or have suffered from illnesses should consult their physician before concluding a fitness center contract. By concluding the contract, members confirm that they do not have any health-related issues.

2. By concluding the contract either in person or electronically (declaration of acceptance of the company required), the member expressly declares that they have read and accepted the provisions of this contract (including these general terms and conditions). The company’s various membership offers are presented on www.discountfit.ch (website) but they are not binding offers. If the contract is to be concluded electronically, customers submit a binding offer to conclude a contract on www.discountfit.ch by submitting their order. The email confirmation sent by the company documents the receipt of the order, but does not yet constitute acceptance of the offer to join. The contract comes into effect when the company accepts the offer to join by sending the new member a corresponding email.

By concluding the contract, members also declare that they are familiar with the handling of the equipment and are able to use it independently and without supervision. Otherwise, the member is obliged to book an instruction (for an extra charge) before the start of the first workout. This instruction is independent of the company and the company assumes no liability (whatsoever for its effectiveness).

3. The company disclaims any liability for the loss of or damage to valuables or other member belongings. The company also disclaims any liability for injuries or other damage to people and goods caused by members during their contractual use of the facilities unless said damages are the result of defective equipment or the willful or grossly negligent behavior of the company, its employees and/or auxiliary personnel. The company cannot be held liable for the consequences of activities not covered or permitted by this contract.

4. The access medium (badge or app) is a personal, non-transferable ID and enables members to access the centers during opening hours. It is not permitted to access or stay in the centers without an access medium. Moreover, it is not allowed to bring any third parties, including children or animals, into the centers.

In case of misuse of the access medium (such as transferring or lending it to third parties, using it to grant access to third parties, etc.), members will be charged a contractual penalty of CHF 350.00. The company reserves the right to claim higher damages. The company also reserves the right to report trespassing and other criminal offenses and to ban further access to the centers. In the event of misuse of the access medium, the company is also entitled to terminate the contract with immediate effect and to confiscate the access medium. Such a termination does not entitle members to a refund of any portion of the membership fee. The payment of the contractual penalty does not release members from their obligations under these provisions.

5. Members are obliged to use the facilities properly and for the intended purpose, to use them carefully and to avoid any damage to company property. Seating and lying areas must be covered with a towel. Excessive noise should be avoided. The company reserves the right to charge members for any damage resulting from actions contrary to these terms or the posted rules.

Members may use the lockers provided by the company exclusively during presence in the centers. The company is also entitled to open and clear permanently occupied lockers at any time.

Parking spaces provided by the company may only be used by members while they are in the center. If parking spaces are occupied beyond this period, the company reserves the right to tow the vehicle at the member’s expense.

The company is entitled to issue binding house rules for members in the center. In particular, house rules include regulations on the permitted use of the equipment and on safeguarding the rights of other members. By concluding the contract, members agree to accept both the applicable house rules and the right of the company to change the house rules at any time. A failure to follow the house rules or the instructions of company personnel per no. 7 below, the company is also entitled, after a prior warning, to terminate the contract with immediate effect and to collect or deactivate the access medium. Such a termination does not entitle members to a refund of any portion of the membership fee.

6. Eating, smoking and the consumption of alcoholic beverages or other addictive substances is prohibited in the center. Furthermore, members are prohibited from bringing prescription drugs and medication into the center that are not for their personal and medically prescribed use. This also applies to other means intended to increase the member’s physical performance (such as anabolic steroids or something similar). Members are also prohibited from offering, mediating, procuring, transferring or making such means available in another way to other members or third parties in the center, whether for payment or free of charge.

Upon breach of this provision, the member owes the company a contractual penalty of CHF 350.00 and the company is entitled to terminate the contract with the member with immediate effect and to collect or deactivate the member’s access medium. The company reserves the right to claim higher damages. Such a termination does not entitle members to a refund of any portion of the membership fee. Payment of the contractual penalty does not release members from their obligations under these provisions. The company also reserves the right to file criminal complaint.

7. The Company’s personnel is entitled to issue instructions to the extent necessary to maintain orderly operations, order and security or to ensure compliance with the house rules. These instructions must be followed. During inspections, members must identify themselves with their access medium.

8. Members acknowledge and expressly agree that centers are permanently monitored by video systems for security reasons. In addition, member entry and exit times may be saved electronically.

9. The contract between the parties is concluded for a fixed period of 12 (twelve) months, commencing with the start date according to the contract.

When the contract is concluded, a one-time processing fee of CHF 30.00 is charged for the contract registration. Members are obliged to keep the access medium carefully at all times and to notify the company immediately of its theft, loss or misuse so that it may be blocked. To do so, they may call 0800 027 027 or send an email to info@discountfit.ch. A processing fee of CHF 30.00 will be charged for issuing a new physical access medium. Activating the electronic access medium is free of charge.

The contract is tacitly extended by the period duration of the original contract period respectively, unless the contract is terminated in writing by one of the parties with 30 (thirty) days’ notice before its expiration.

10. The membership fee is due upon conclusion of the contract and upon its expressive or tacitly renewal at the beginning of the extension. If members are in arrears with one (or more) monthly payments, all monthly payments for the remainder of the contract period automatically become due. In this case, the company can claim the past-due monthly payment(s) and the remaining payments for the contract term plus default interest and reminder fees and can require that they be paid in a single payment. The company may also withdraw from the contract. Members will also be banned from entering the centers from the first day of default until the payments including default interest and reminder fees have been made in full.

If the agreed payment dates are not met, a fee of CHF 20.00 will be charged for each reminder. The company is also entitled to invoice further damages caused by payment default (such as collection costs).

11. Non-usage of the centers or their equipment does not entitle the member to a refund or reduction of the membership fee or to a termination of the contract and shall have no effect on the duration of the contract.

A temporary closure of a center or access to specific equipment due to cleaning, updates, renovation work, force majeure, official orders, etc. does not entitle members to a refund or reduction of the membership fee or to terminate the contract. In such a case, the company may at its discretion credit members for the loss of use.

The company reserves the right to relocate or close individual locations and to change their operating times and equipment. Such measures do not entitle the member to a refund or reduction of the membership fee or to terminate the contract.

When moving to another municipality, another canton or abroad, members have the right to terminate the contract with 30 (thirty) days’ notice effective the end of a calendar month. They must present confirmation of their change of address from the respective municipality. This right of termination only applies, however, if there is no center of the company available within 30 kilometers’ linear distance from the new place of residence. The membership fee will be refunded on a pro-rated basis for the remaining term of the contract from receipt of the confirmation, minus a processing fee of CHF 30.00.

Members are also entitled to transfer the contract, provided that they propose to the company an acceptable, solvent new member who will conclude a new contract with the company under the same conditions, and provided that the previous member is not in default. The company reserves the right to reject applications in justified cases. The contract transfer takes effect on the start date of the new contract. For a transfer of membership, the successor will be charged a processing fee (enrollment fee) of CHF 30.00.

12. Members agree to notify the company of any changes to contract-relevant data (such as name, address and any email address) immediately, but no later than within 14 (fourteen) days. Members shall reimburse the company for any costs incurred as a result of their failure to provide such updates.

13. The company can partially outsource its services to third parties, in particular in the areas of handling business processes, IT security and system control, market research, calculating business-relevant credit and market risks and the administration of contractual relationships (such as application and contract processing, debt collection, communication). Members agree that the company can disclose, transfer, and process their data to third parties for this purpose.

14. These terms and conditions apply to all of the company’s centers and are an integral part of the contract. The company is entitled to unilaterally change these terms and conditions at any time with effect for the future. The company will notify members of any changes by posting them in the centers or online. The applicable terms and conditions are also published online. By using the facilities, members agree to take note of the changed terms and conditions and expressly accept them.

Should one or more provisions of these terms and conditions be or become ineffective, this does not affect the effectiveness of these terms and conditions, the contract or its other provisions. Mandatory statutory provisions take precedence over these contractual provisions.

Members’ legal relationship with the company is subject to Swiss law. Unless mandatory statutory provisions apply, the place of performance and jurisdiction is the company’s registered office.

Version 2021/01

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call for free 0800 027 027 | mail: info@discountfit.ch
copyright by discountfit company ag 2021