General terms and conditions valid for membership contracts concluded from
of the company 24hr Fitness s.r.o. with registered office at Bidovce 316, 044 45 Bidovce, ID number: 54710669, Commercial Register OS Košice I, Department: Sro, Vl.č.54613/V (the company hereafter referred to as 24hr Fitness)
1. Membership is a contractual relationship that arises between the member and the company. If the membership is established during a calendar month, the member is obliged to pay a proportional part of the membership fee for the period from the beginning of the membership to the end of the first month in which the membership was established, which is due upon signing the Membership Agreement (hereinafter referred to as the "Agreement").
2. Services resulting from membership may be used exclusively by the person listed as a member on the first page of the Agreement. These services are non-transferable. The services of 24hr Fitness can be used to the extent of the type of membership that the member chooses when concluding the Agreement.
3. The member undertakes to comply with the internal regulations of the studio. In case of particularly gross violations of the order, such as e.g. violence, threats, insults, sexual harassment, theft, etc., upon the first violation of the Internal Rules, a member may be prohibited from entering the 24hr Fitness studio for the whole or only for a limited period depending on the severity. This does not affect the company's right to withdraw from the Agreement according to point 18 of these GTC and claim compensation for damages that 24hr Fitness incurs in full.
4. The company does not assume responsibility for damage to health or property caused solely by unprofessional treatment by the member. The member is obliged to treat the equipment of the studio carefully, with professional care and caution, so as not to endanger himself or other persons in the studio. The costs of repairing damaged items, equipment, devices - even if they were caused due to carelessness - are borne by the person who caused the damage. The company does not assume responsibility for damages and any of their consequences if these damages were caused by force majeure, as a result of which there may be a temporary reduction in the quality of the services provided. In this matter, point 30 of the General Terms and Conditions also applies accordingly.
5. To activate the membership card, the member is obliged to pay a one-time activation fee of EUR 6 during the first visit to the studio. After the termination of the membership, the membership card remains in the possession of the member and can be used again in the event of establishing a new membership, without the need to pay an activation fee. The activation of the membership card for the purposes of these GTC means the assignment of the member's personal data to a specific membership card, which will be carried out by 24hr Fitness, to the extent determined by 24hr. Fitness. After activation, 24hr Fitness will hand over an activated membership card to the member, with which the member demonstrates the right to enter the designated 24hr Fitness studio and the member's right to use services according to the current 24hr Fitness offer (hereinafter also referred to as the "purpose of using the membership card"). The membership card is non-transferable.
6. The member is obliged to ensure the safe custody of the membership card. If the membership card is lost or damaged, the member is entitled to issue a new membership card for a one-time fee of EUR 5. The loss or damage of the membership card must be reported immediately to Brian Vilborg or in person at the 24hr Fitness studio.
7. A member is not entitled to use the facilities and services of the studio if he has not paid the membership or monthly installments of the membership in their due date for a period of more than 1 month, and at the same time he was invited by a written request to pay the membership after the due date. The company is entitled to withdraw from the Agreement if the member is in arrears with the payment of any of the membership installments by more than 1 month.
8. The monthly installment is always due on the 1st day of the relevant month for which the membership is paid. The payment for the entire membership period can be paid once in cash or by card in advance, or it will be paid in monthly installments by agreeing to a direct debit from the member's bank account (SEPA direct debit). The member is obliged to pay monthly installments for the entire duration of the membership until the end of the validity of the Agreement, even if the services are not used. If these GTC or the Agreement do not specify otherwise, non-use of services by the member does not affect the total amount of the membership and does not establish the right of the member to return the membership or its part.
9. If any payment is delayed, the company reserves the right to send a reminder. Each reminder incurs 24hr Fitness costs, which are borne by the member. Costs for an unsuccessful transfer (collection) will be applied in the amount of incurred costs. The company is entitled to reimbursement of all purposefully incurred costs incurred as a result of the member's delay in payment. These costs can also be determined by the company as a lump sum and are mainly the company's costs for employee wages, administrative activities, office, software, hardware equipment, postage, telecommunications fees, internet and others. In the event of a member's delay in paying its obligations, the company is entitled to demand the payment of legal interest on the delay and a contractual penalty in the amount of 0.05% of the owed amount for each day of delay until payment. The member has provided the company with an e-mail address, correspondence address, and telephone number for the purpose of notifying the member of non-payment of the payments to which he has committed in the contract, and he agrees to be contacted by the company for the purpose of recovering the amounts owed by the company.
10. Changes of address and/or bank connection must be immediately notified in writing to the company. A change of bank connection for a specific installment can only be taken into account if it was notified to the company at least 7 working days before the day of sending the direct debit request (see point 10 of the General Terms and Conditions).
11. The member is obliged to deliver all documents and notices in connection with the Agreement either in paper form to the address of the fitness studio 24hr Fitness, which is indicated on the contract in the "studio address" section, or deliver them electronically to the email address 24hr Fitness: info@24hr-fitness.eu Any documents, information and/or notices delivered to the company pursuant to the Agreement and these GTC in electronic form to the specified email are considered to have been delivered on the day they are received in the company's email inbox. The company will confirm receipt of the email message to the member.
12. In the event that the member is more than 1 month in arrears with the payment of any due membership installment, despite a written request sent by the company no later than 15 days before exercising the right to withdraw the benefit of payments in installments, which will contain a warning about the withdrawal of the benefit of payments in installments in in case of non-payment of due installments after the due date, the benefit of paying off the membership in the form of monthly installments will be lost, while all installments of the membership up to the termination of the Agreement will become due.
13. The member acknowledges that the company has a camera system installed in all 24hr Fitness studios, marked with a corresponding signboard, which aims to ensure the best possible conditions, safety for members, as well as the protection of personal property and the property of the company and studio premises. The camera system is used in accordance with the relevant legal regulations in the field of personality protection and personal data protection. As part of camera security and control of persons entering the facility, modern facial recognition tools are used and stored in accordance with European regulations. This includes using facial recognition to open doors. This is used for women's safety, for example, to ensure that no unregistered visitors can enter the facility as there are no staff or security guards during training hours.
14. Minimal and/or short-term and temporary restrictions on the use of the offered services do not entitle the member to prematurely terminate the contract. For example, these restrictions are considered non-functionality of some equipment, machines, unavailability of some additional services, assortment, which does not prevent the use of services in the other range.
15. This contract is concluded for a fixed period, ie for a period of 6 months. In the event that one of the contracting parties does not demonstrably express an interest in terminating the contractual relationship in the form of a written notice no later than 31 days before the termination of this contractual relationship, this contract is automatically extended by another 3 months under the same contractual conditions. The same applies to the following 6 month periods. The contractual relationship established by this contract can be terminated, in addition to the method agreed in the previous sentence, only by written agreement of the contracting parties, by termination or resignation in defined cases. The member is obliged to deliver the notice of the termination of the contract in accordance with this point within the agreed period in paper form to the address of the 24hr Fitness studio indicated in the Contract in the "studio address" section, or electronically to the email address: info@24hr-fitness.eu , otherwise the notice is not accepted.
16. The company reserves the right to withdraw from the contract due to a gross violation of the terms of the contract or the internal regulations of the study by the member, while gross violation of the contract is mainly understood as:
a) intentional misuse of the membership card by members,
b) committing a crime or misdemeanor against another member, a person on the premises of the studio or against an employee of the studio,
c) violent behavior, threats, sexual harassment in the study premises, intentional damage to equipment, study premises, etc.,
d) other situations where the Contract or General Terms and Conditions so determine or there is a legal reason for withdrawing from the contract.
17. In the above-mentioned cases, the member undertakes to pay compensation to the company in the full amount, which the company incurs due to the breach of the Agreement, while the damage in this case is also considered to be the profit (amount) to which the company would be entitled from the member's payments, in the event if the Agreement would last until the expiration of the agreed duration valid at the time when the withdrawal from the Agreement by the company according to this point occurred.
18. The member does not have the exclusive right to use a certain device in the studio.
19. After training, the member must clean up and leave the locker locker unlocked. The company is entitled, at the latest at the end of opening hours at 24:00, to open and clear out all locked lockers. The company is not responsible for any losses.
20. Oral collateral or other agreements between the member and the company are void and not legally binding.
21. Legal relations resulting from the membership contract, including the General Terms and Conditions, are governed by Slovak law.
22. The company is entitled to unilaterally change or supplement the provisions or conditions of the Agreement and/or GTC only for the reasons of changes in the relevant legislation or changes in inflation in accordance with point 28, changes in the identification data of the company, changes in the market for the provision of fitness center services and related services, which the company provides to its members, which are objectively capable of influencing the provision of the company's services, changing or expanding the service portfolio, changing technical, information or security systems, organizational changes affecting the provision of services or increasing the quality, safety and availability of the services provided. 24hr Fitness is obliged to publish changes or additions to the terms and conditions no later than four weeks before the specified effective date of the change in the 24hr Fitness studio and at the same time on the website www.24hr-fitness.eu and at the same time notify the member of the change by email or SMS message (one of the methods is sufficient). If the member does not agree with the change, he is obliged to notify the company of his disagreement in writing within 30 days from the date of notification of the change, and during this period he is also entitled to immediate termination of the Agreement free of charge by withdrawal. Upon delivery of a written notice of withdrawal by the member, the Agreement shall be terminated and at the same time all unpaid claims shall become due within 30 days of the termination of the Agreement. If the member does not notify 24hr Fitness of his disagreement with the change within the above-mentioned period, then it is valid that he agrees with the change and mutual contractual relations between 24hr Fitness and the member are governed by the changed contractual terms from the effective date of the change.
23. The delivery of written notices to the member within the terms of the contract also means delivery in electronic form, primarily via electronic mail to the member's e-mail address specified in the Contract. In this case, the notification is considered delivered on the day following the day when it was sent by the company to the member's email address.
24. In the event of failure to pick up a document sent by registered mail, sent to the member's specified delivery address or address of permanent residence, or the member's refusal to accept it, the fictitious delivery shall apply. If the addressee, through his actions or omissions, thwarts the delivery of the document by taking it over and the post office or courier returns the document as undelivered, the effects of delivery occur on the day when the addressee of the document first had the opportunity to familiarize himself with the contents of the shipment. The effects of delivery also occur if the addressee refuses to accept the document, and on the day of refusal, which the post office will indicate on the returned shipment. If the post office does not do so, proceed according to the previous sentence.
25. Fees in the 24hr Fitness price list are stated in EUR.
26. In the event that the annual rate of inflation measured by the consumer price index, declared by the Statistical Office of the Slovak Republic, exceeds an average of more than 5% compared to the previous year, 24hr Fitness is entitled to unilaterally adjust prices and fees annually by the rate of inflation. The company is obliged to inform members about the change in fees by means of a notice, namely by publishing the notice in the 24hr Fitness studio. In the next, the rules as in point 25 apply.
27. Applying or payment of any contractual fine or penalty fee according to the Contract or these GTC does not affect the claim for damages or increased costs of 24hr Fitness in full, i.e. also in the part exceeding the contractual fine.
28. If circumstances arise, the origin, course and consequences of which are not dependent on the activities and procedures of 24hr Fitness, or a special legal fact arises, consisting of an extraordinary, unforeseeable, unavoidable and non-culpable event, which 24hr Fitness has no possibility to influence in any way, (vis major). Alternatively, such circumstances occur on the part of the member, as a result of which the member does not fully or partially use the ordered, paid for and secured services, the member is not entitled to reimbursement or a discount on the price of these services, nor is he entitled to compensation to any extent. 24hr Fitness is not responsible for short-term reduced quality of services, delays in providing services, outages and damages caused by force majeure (vis maior). Force majeure (vis maior) is mainly understood as natural disasters, natural disasters, strikes, traffic accidents, epidemics, pandemics, state of emergency, state of emergency, the declaration of which has a direct impact on the company's activities, regulations, measures and decisions of state and other public authorities , war conflict, unpredictable breakdowns at 24hr Fitness facilities, power outages and others.
29. The validity of the membership agreement cannot be suspended, except in the following cases:
a) In the event of a member's pregnancy, the membership contract can be suspended for a maximum of 6 months from the request. The member requests 24hr Fitness by written request or by electronically delivered request to the email address info@24hr-fitness.eu, and indicates the period in which she requests to suspend the membership, for a maximum of 6 months. The suspension can only be carried out on the basis of a member's request, substantiated by documents proving the stated reasons. Suspension in this case is subject to the approval of 24hr Fitness. Consent to 24hr Fitness is not given automatically. 24hr Fitness will assess the request and reserves the right to reject the request for interruption if the reasons for the interruption are insufficiently documented.
b) Furthermore, for the following exhaustively defined reasons: serious illness or accident-injury, membership can be suspended for a maximum of 2 months. The member requests by written request to 24hr Fitness or by electronically delivered request to the email address info@24hr-fitness.eu , in which period he requests to suspend the membership, within a maximum of 2 months. The suspension can only be carried out on the basis of a member's request substantiated by documents proving the stated reasons. Suspension in this case is subject to the approval of 24hr Fitness. Consent to 24hr Fitness is not given automatically. 24hr Fitness will assess the request and reserves the right to reject the request for suspension if the reasons for the suspension are insufficient (the stated reason is not capable of preventing the use of the company's services) or are insufficiently documented. These changes to the validity of the Agreement are free of charge. In case of suspension, the possible date of termination of the membership will be shifted by the period when the membership was suspended. Unless otherwise agreed for a specific case, the validity of the Agreement and membership, in the case of approval of the suspension of membership according to this point, will always be suspended from the 1st day of the month following the month in which the suspension was approved by 24hr-Fitness s.r.o.
30. 24hr Fitness, as an operator processing personal data, declares that all personal data is considered strictly confidential and is handled in accordance with applicable legal regulations in the field of personal data protection, especially in accordance with the GDPR Regulation and Act No. 18/2018 Coll. on the protection of personal data as amended. At the same time, it declares that it has adopted adequate organizational and technical measures to ensure the security of processed personal data. Information on the processing of the member's personal data as well as all data subjects whose data is processed by 24hr Fitness and on their rights arising from the relevant legislation is provided by 24hr Fitness through information on its website www.24hr-fitness.eu in the "Personal data protection" section. (GDPR) and through information documents pursuant to Art. 13 or 14 of the GDPR Regulations, which are also available in fitness studios.
31. In the event of a complaint, the member proceeds in accordance with the 24hr Fitness complaint procedure published in the premises of the 24hr Fitness facility at the studio's reception desk. The complaints procedure regulates the conditions for service complaints in accordance with these GTC.
32. In the case of minors, the written consent of the legal representative is required when concluding the Membership Agreement. Persons under the age of 14 cannot become members. Minors are only allowed to enter 24hr Fitness studios accompanied by their legal representative or a trainer accepted by 24hr Fitness.
33. The general terms and conditions are drawn up in accordance with sec. § 52 et seq. Act No. 40/1964 Coll. of the Civil Code and SR Government Regulation No. 141/2014 Coll.
24Hr Fitness s.r.o.
Address: Bidovce 316, Slovakia
Email info@24hr-fitness.eu