General Terms and Conditions

For the use of the sports areas, the following agreement (v9_20241118_EN) is concluded.

1. SCOPE OF APPLICATION

1.1 Scope of use: The General Terms and Conditions (hereinafter referred to as GTC) apply to all services by SWISSFIT Tanja Machat (provider) as well as to all rights and obligations based on the contractual relationship between SWISSFIT Tanja Machat and the Member.

1.2 Subject matter of the contract: The concluded membership agreement between SWISSFIT Tanja Machat and the Member constitutes the subject matter of the contract for the use of the premises, equipment and furnishings provided by SWISSFIT Tanja Machat during the opening hours.

1.3 Members & Young People: For the purposes of these GTC, members are those persons who have, had or wish to enter into a valid membership agreement with SWISSFIT Tanja Machat. Persons who have not yet reached the age of 16 are not allowed to use the rooms, furnishings and equipment provided by SWISSFIT Tanja Machat without the presence of a legal guardian. The conclusion of a membership agreement with minors who have not yet reached the age of 14 will not take place.

1.4 Written form: A membership agreement between SWISSFIT Tanja Machat and a member is concluded exclusively on the basis of a written application by the member, whereby for persons before the age of 18, membership is only possible with the written consent of a parent or guardian.

2. OBLIGATIONS OF THE MEMBER

2.1 Non-transferability of membership rights: Each Member’s membership with the provider is personal and cannot be transferred.

2.2 Change of personal data: In the event of data changes which are relevant to the contract, please notify the provider in writing and without delay. If the provider incurs costs due to a change which was communicated too late, then these have to be paid by the member.

2.3 Access and RFID Chip: With a valid membership, the member is entitled to enter the premises provided by SWISSFIT Tanja Machat at Salierigasse 42, 1180 Vienna (entrance Gersthofer Straße 65, 1180 Vienna) during the variable opening hours, which are published online and on the business location. The provided RFID chip gives access to the trainings area and allows the usage of the equipment according to the membership agreement. Without the personal RFID chip, access to the studio and the use of the offered services is not allowed. The member is obliged to keep the access medium safe and, in the event of loss, to report this immediately to the provider in order to enable immediate blocking.

In case of culpable loss or damage, a reactivation fee of EUR 20 is due. The member undertakes not to pass on the RFID chip to third parties. In case of violation the member commits to pay a penalty of EUR 300. The penalty shall cover the expenses of SWISSFIT Tanja Machat and the damage incurred in connection with the passing on of the RFID chips to third parties. SWISSFIT Tanja Machat is not obliged to prove the occurrence of a concrete damage. SWISSFIT Tanja Machat reserves the right to assert further damages. The membership agreement is not transferable!

2.4 House rules: By signing the membership agreement, the member undertakes to comply with the house rules as published. The house rules provide general conditions for the safe use of the equipment as well as the protection of the rights of other members. he owner Tanja Machat and the staff are authorized to ensure order and safety or compliance with the house rules in individual cases also with instructions. The member has to follow the instructions of the staff. In the case of particularly gross violations of the house rules, such as assault, threat, theft, multiple refusal to comply with the instructions of the staff, etc., access to the studio can be denied for the entire duration of the contract at the first violation. If this case applies, the member must still pay the ongoing fees until the next possible regular termination date. For your safety, the training areas are monitored by video cameras.

2.5 Use of the lockers: During your training at the studio, SWISSFIT Tanja Machat provides the member with lockers for the storage of clothing and other personal items. SWISSFIT Tanja Machat does not assume any liability for the stored items. The lockers are to be completely emptied and left clean after leaving the studio. In case of improper use, the provider is entitled to open the lockers and empty them.

2.6 Behavior in the studio: It is not permitted to smoke or consume alcohol or other prohibited substances in the premises provided by SWISSFIT Tanja Machat. Weapons, explosive substances and other dangerous items are also not permitted. Accompanying persons as well as the bringing of animals by the member into the premises is prohibited.

2.7 Physical Requirements & Limitation of Liability: The Member is aware that the use of the facility may lead to physical damage, in particular damage to health. The member declares to be in suitable health condition to be able to use the services offered by the provider without restrictions and risks. The member declares to have the physical fitness confirmed by a doctor in advance. SWISSFIT Tanja Machat is not obligated to check or question the member on his physical suitability for the use of the studio before the conclusion of the contract or during the contract period. Therefore, the member agrees to use the studio facility only if he or she is physically able to do so.
No liability is assumed for the loss or damage of clothing, valuables and money brought to the studio, unless the loss or damage is due to gross negligence or intentional behavior of the provider. A liability of SWISSFIT Tanja Machat for slight negligence is excluded.

3. MEMBERSHIP

3.1 Duration of membership & termination of the contract: In the case of the „monthly subscription“ product, the membership agreement shall be concluded for an indefinite period and may be terminated by either contracting party as of the last day of the month with one month’s notice. In the case of the „annual subscription“ product, the member waives the right to ordinary termination of the membership agreement (minimum contract period) for the first twelve months from the start of the contractual relationship. After the expiration of the subscription, the contractual relationship ends automatically and can consequently be renewed. The right to terminate the membership agreement for good cause remains unaffected.

3.2 Due date of the monthly membership fees: Unless otherwise contractually agreed, monthly membership fees are due in advance on the first of each month for that calendar month. The registration fee is to be paid upon conclusion of the contract. If the operator incurs costs due to the delay in payment, these costs are to be paid by the member (based on Austrian law § 1333 para. 2 ABGB).

3.3 Costs for chargebacks of membership fees: In the case of a SEPA direct debit order, the member must ensure that the current account has the necessary coverage at the time of the direct debit. If a direct debit is not possible due to the fault of the member, then the provider must be reimbursed for the additional costs incurred.

3.4 Membership suspension: In the event of a medically confirmed illness or injury that exceeds a period of four weeks, as well as in the event of pregnancy, membership may be suspended once for a predefined period by agreement between the member and the provider. The member is exempt from paying the membership fee during the period of suspension. In the event of a suspension within the minimum contract period (see item 3.1.), the minimum contract period shall be extended by the duration of the agreed suspension.

3.5 Termination for good cause: The member as well as the provider may terminate the membership agreement for good cause with immediate effect at any time in writing. For the provider, important reasons are in particular:

• Violation of the house rules by the member
• Violation of the prohibitions from point 2.6.
• Deliberate destruction of the inventory, the provided devices as well as the structural units by the member.
• Insulting behavior by the member towards other members or towards employees of the provider
• Delay in payment of membership fees caused by the member, despite reminder and grace period of 14 days
• For the provider business-damaging statements or actions of the member
• Intentional and deliberate solicitation of other members 3.6 Termination in the event of relocation: If the main residence is moved to another location that is more than 30 kilometers away from the provider’s facility, the member has a special right of termination. This special right of termination must be exercised within four weeks of the establishment of the new main place of residence upon presentation of an extract from the central register of residents, in each case to the end of the month. In the event of termination due to relocation, the notice period shall be 4 weeks.

4. DATA PROTECTION

The provider collects, stores, processes and uses personal data of the member (first name, last name, date of birth, address, telephone number, email address, bank data) itself or through service providers, for the fulfillment of the contractual relationship or if it is necessary for the investigation of criminal acts. When entering the gym, the date, time and membership number of the member are recorded electronically. The provider stores this data. In anonymized form, this data is also used to optimize training conditions and training operations. Likewise, the provider monitors parts of the facility with video cameras (recognizable by information signs) and stores the resulting recordings for 72 hours for the safety of its members and for the investigation of criminal offenses. The provisions of the DSGVO as amended from time to time shall be complied with by the provider. In any case, each member gives his consent to the collection, storage and processing of his personal data in the above sense.

5. FINAL TERMS

5.1 Severability clause: If individual provisions of the agreement between a member and the provider are or become invalid or void, this shall not affect the validity of the remaining provisions of the agreement.

5.2 Retrievability of the GTC: The current version of the Provider’s GTC is available on the Provider’s website.

5.3 Amendment of the GTC: The Provider shall be entitled to amend these GTC with effect for the future, provided that the amendment does not affect any material contractual obligations of the Member (payment of the membership fee) or the Provider (provision of training equipment). If the Provider informs the Member about the planned changes by email and the Member does not object within three weeks from receipt of this notification, the changes will become effective. Together with this information, the Provider is obliged to point out that the changes to the GTC will become binding for the Member if the Member does not object within three weeks from receipt of the information.