GENERAL TERMS AND CONDITIONS
1.1 These General Terms and Conditions shall apply to all contracts of DIMOVE Fitness- und Trainingscenter GmbH, Korngasse 1, 8724 Spielberg (hereinafter referred to as “DIMOVE Center”) regarding the use of the DIMOVE Fitness- und Trainingscenter.
1.2 The DIMOVE Center shall display these Terms and Conditions in the entrance area of the Center.
1.3 Customers are those persons who are entitled to enter and use the DIMOVE center on the basis of a fitness contract concluded with the DIMOVE Center.
1.4 The DIMOVE Center is entitled to publish details on rules of conduct in the studio, hygiene measures and the operation of the facilities provided in house rules
II. Conclusion of Contract
2.1 The contract between the DIMOVE Center and the customer shall be concluded by signing the fitness contract at the fitness center. Individual contractual provisions in the fitness contract these Terms and Conditions.
2.2 Contracts with minors (under 18 years of age) can only be concluded with the written consent of the legal representative.
2.3 Upon conclusion of the contract, the customer shall be provided with a copy of the fitness contract. Additional copies of the contract shall be handed over to the customer upon request.
2.4 The service includes: personal training, nutrition coaching and group classes.
2.5 The customer informs DIMOVE Center immediately of any restrictions on his fitness for sport that exist before the training contract is concluded.
2.6 The customer answers all questions about the current / previous state of health and training-relevant living conditions truthfully and completely.
2.7 Special services are recorded individually and in writing after consultation with the customer and commissioned.
2.8 The duration of a personal training unit is 50. Shorter or longer units must be expressly agreed.
III. Subject matter and scope of services
3.1 The type and scope of services shall be governed by the fitness contract and the additional services or packages offered and selected.
3.2 A transfer of the packages is excluded.
IV. Use of the DIMOVE Center
4.1 Granting of access
4.1.1 Each customer is entitled to enter and use the DIMOVE center and its facilities by appointment and in accordance with the fitness contract.
4.1.2 Animals may not be brought into the DIMOVE center.
4.1.3 Alcoholized customers and customers who are under the recognizable influence of other addictive or narcotic substances may be denied access for the duration of the impairment.
4.1.4 It is prohibited to bring weapons, alcoholic beverages, illegal addictive substances and narcotics as well as unauthorized performance-enhancing substances into the premises.
4.2 Hygiene Regulations
4.2.1 For hygienic reasons, access to and use of the training equipment and training areas is only permitted with sports clothing and clean sports shoes. The customer must also carry a towel, which is to be placed under the equipment or mats to prevent sweat from them.
4.2.2 It is forbidden to bring or eat food.
4.2.3 All areas of the DIMOVE center are to be kept clean. Waste must be disposed of in the containers provided.
4.3 Safety Regulations
4.3.1 All equipment may only be used in accordance with its intended purpose. Each customer is obligated to inform himself/herself about the instructions for use and operation before using any training equipment and to observe them when using the equipment.
4.3.2 All facilities, training equipment and training areas are to be treated with care and consideration.
4.3.3 Items brought into the fitness center must be properly stored in the storage boxes provided and may not be left behind in the DIMOVE Center.
4.4. Refraining from Endangering and Harassment
4.4.1 Each customer shall refrain from unnecessary noise, harassment and any endangerment of other customers.
4.4.2 The taking of photographs and video recordings of other customers is only permitted with their prior consent.
4.4.3 In the event of injuries to other customers, each member is required to take reasonable measures to provide assistance and first aid.
4.5.1 To the extent necessary to comply with the provisions set forth in these Terms and Conditions, to prevent hazards, avoid and prevent damage, and to prevent harassment and impairment of the health of other customers, the DIMOVE Center and its employees may give instructions on how to behave. These instructions must be followed. Customerswho do not comply with these behavioral instructions may be expelled from the fitness center for a reasonable period of time.
4.5.2 The offering and holding of any independent business activity in the fitness center, such as paid coaching, courses or other paid training sessions, requires a prior individual agreement with the DIMOVE Center.
4.5.3 Any recommendations made by DIMOVE Center and its employees reflect the subjective assessment of the trainer. A counseling session can in no way replace a medical or therapeutic consultation. There is no legal claim to the holding of a consultation.
V. Opening hours
5.1 Training in the DIMOVE Center is only possible by appointment.
VI. Terms of payment
6.1 DIMOVE Center receives a fee for the services provided according to point 2 of these contractual conditions in the amount specified in the respective hourly package. All prices are final prices. The fee is to be paid in full at the beginning of the care or as agreed.
VII. Validity of training packages
7.1 Personal Training packages are limited in time.
- 5 sessions package of Personal Training are valid two months after the first session.
- 10 sessions package of Personal Training are valid three months after the first session.
7.2 Regular group classes contain 12 units and take place once a week. The units for a class can’t be switched to another class.
7.3. Individual group classes take place in consultation with the group members.
VIII. Prevention, cancellation and cancellation conditions
8.1 If the customer is unable to attend, the customer undertakes to cancel as soon as possible, but no later than 24 hours before the start of the training. Afterwards and also in the event that the customer does not appear for the appointment, 100% of the price will be charged. The same applies to postponements.
8.2 In case of illness (proof required) or other absence notified to the DIMOVE Center in due time, the unused appointments will be rescheduled.
8.3 Should the implementation of a personal training be too dangerous or impossible due to unpredictable circumstances (weather conditions, etc.), the personal training will be rescheduled, if necessary, after consultation. The decision about the implementation is always made by consensus with the customer.
8.4 In case of a short-term cancellation by the trainer, no claims for compensation can be made. Already paid training units will be credited.
IX.Termination before the contract expires
9.1 From the use of more than 2 personal training units of the respective booked package, the customer has no right to reimbursement of the personal training units not yet used.
9.2 The customer is also entitled to withdraw from the contract if the trainer fails to appear at the agreed training date several times without excuse. In this case, only the training hours completed up to this point shall be compensated.
9.3 If the trainer has to terminate the cooperation prematurely for unforeseeable reasons, the customer will be reimbursed for the outstanding units. However, this will only happen with the consent of the customer.
9.4 After the expiration of the validity of the training packages, the claim to unused training dates expires.
10.1 DIMOVE Center shall only be liable to the Client in the event of intent and gross negligence; liability for third-party fault shall be excluded. This shall apply to all damage suffered by the Client in the course of the personal training.
10.2 DIMOVE Center shall not be liable beyond the provision of its owed service for any failure to achieve the purpose pursued by the Customer in entering into the contract.
10.3 DIMOVE Center shall take out liability insurance to cover any statutory liability claims by the Customer.
10.4 The Customer shall be responsible for insuring itself against accidents and injuries that may occur within the scope of the agreed service. The same shall apply to the direct route to and from the place where the service is provided.
XI. Interruptions of Operation
11.1 For longer interruptions of service, the packages will be extended by the extent of the interruption of service.
12.1 The customer shall provide truthful information about personal data relevant to the contract when concluding the fitness contract. The Member shall notify the DIMOVE Center immediately of any change in data relevant to the contract (name, address, bank details, etc.).
12.2 If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions of these Terms and Conditions shall remain unaffected.
12.3 Austrian law shall apply to the exclusion of conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. Contractual language is German.
12.4 The court in whose district the registered office of the DIMOVE Center is located shall have exclusive local jurisdiction over customers who do not have a place of residence or habitual abode in Austria or who are not employed in Austria and over entrepreneurs.