GTC BEO-fit GmbH
1. Scope of the GTC
1.1. These general terms and conditions (hereinafter: GTC) of beo fit GmbH; hereinafter: contractual partner or operator) apply to all legal relationships in connection with the use of the training facilities and training equipment in the respective studio of the contractual partner. Any provisions that conflict with or deviate from these General Terms and Conditions will not be recognized even if they are not expressly contradicted.
1.2. The conclusion or extension of a membership agreement (hereinafter: agreement) takes place exclusively under the conditions in accordance with the version of the General Terms and Conditions valid at the time the contract was concluded or contract extended.
1.3. The present terms and conditions, the agreement, the house rules and other special provisions (e.g. data protection declaration) of the operator form integral parts of the contractual relationship between the contractual partner and the member.
1.4. The contractual partner expressly reserves the right to amend these GTC at any time, subject to an objection period of 30 days. The currently valid version of the GTC is available on the website (www.beo-fit.ch) and can be printed out from this website.
2. Membership
2.1. The valid membership entitles the member to use the training facilities and training equipment of the contractual partner in accordance with the agreement during the official opening hours after the due payment of the membership fee in due time.
2.2. The membership fee is to be paid by the customer when the contract is concluded or contract extended before the start of the contract period. In the case of a monthly payment modality, the first monthly fee is to be paid on the day the contract is concluded. The other monthly contributions are to be paid by the same day of the following months at the latest. The same applies if a membership is concluded for several years. The fees for the membership card (badge/app) and the administration fee are due upon conclusion of the contract and must be paid by the member before the start of the contract period. Access to the studio is not permitted without payment.
2.3. The member is entitled to request an upgrade to a higher-value membership or a change to a cheaper membership without observing the notice period with a new validity period of twelve or twenty-four months with effect from the coming contract period.
2.4. Membership is personal and can only be transferred by the customer to a third party for a fee of CHF 99.00 with the written consent of the operator. In the event of a violation of this contractual obligation, the member owes the contractual partner a contractual penalty of CHF 150.00 for each individual violation. Payment of the contractual penalty does not release the member from further compliance with the agreement. Claims for damages that exceed the amount of the contractual penalty are expressly reserved. In the event of a recurrence, the contractual partner can terminate the contractual relationship with immediate effect.
2.5. Membership is renewednotautomatically.
2.6. Membership can be interrupted in the following cases (rest period), whereby the application must be submitted in writing to the operator within thirty (30) calendar days after the reason has arisen:
a) In the event of illness, accident or pregnancy upon presentation of a medical certificate stating the start and end date;
b) For civil, civil defense or military service upon presentation of the ban.
2.7. A rest period is only possible for an uninterrupted period of at least one full month per event. If the rest period lasts longer than three months in the case of Section 2.6 lit. a, the member must present a new medical certificate after three months have elapsed, otherwise the agreement will continue to run properly. Excluded from this are serious illnesses, which are examined individually.
2.8. During a rest period, the mutual contractual obligations are suspended. The duration of the rest period is entered after all open and due claims have been settled in full. A cash payment is expressly excluded.
2.9. The express written consent of the legal representative is required for membership of a member who is capable of judgement, incapable of acting. Persons who have not yet reached the age of 14 at the time the contract is concluded cannot become a member. Exceptions to this age limit apply to offers for children as part of special offers.
2.10. Members who have not yet reached the age of 16 may only train in the operator's respective studio in the presence of a legal representative. Exceptions to this rule apply to professionally run offers for children as part of special offers.
2.11. The member must inform the contractual partner immediately of any changes to contract-relevant data such as name, address, telephone number, e-mail address, etc. Costs incurred by the operator as a result of non-fulfillment of this contractual obligation must be paid by the member.
3.Opening hours
3.1. The current opening hours and the courses on offer can be found on the notice board in the operator's respective studio or on the website (www.beofit.ch). Special opening hours apply on public holidays.
3.2. The members have the right to enter the respective studio daily during opening hours and to use the training facilities and training equipment. Excluded from this regulation are in particular revision, cleaning, conversion and renovation work during which the respective studio of the operator remains completely or partially closed. The member is not entitled to a refund for the compensation(s) paid in advance, to a free extension of the membership or to other modifications of contractual services due to operationally necessary closures or due to a change in the offer and/or opening times.
4. Access Authorization
4.1. Upon conclusion of the contract, the member acquires a membership card (badge/app) which allows access to the studio. If the member cannot present a valid badge or a valid QR code, access to the respective studio of the operator will not be granted and it will not be possible to use the additional services booked.
4.2. The member pays an administration/processing fee of CHF 50.00 for the initial issuance and each subsequent re-issuance of the badge/app code.
4.3. The operator's studio conducts cashless payment transactions. The member is not entitled to partial repayments, offsetting against the membership fee or payment of the credit in cash.
5. Conclusion of contract
5.1. The respective studio of the operator offers different services and products. The offer is based on the paid membership fee. The offer is subject to change at any time and there is no right to a refund or renewal of membership.
5.2. Additional services and products offered in the operator's studio that are not included in the membership fee must be paid for in advance by the member.
5.3. The conclusion of agreements is possible on site via app. An electronic contract conclusion, for example on the operator's homepage, remains reserved. However, it is not possible to conclude an agreement by telephone.
5.4. Costs of payment services (so-called transaction fees, e.g. Twint, card payment with debit or credit card, Postcard) can be charged to the member.
5.5. If the contractual partner agrees a membership fee (special conditions) with the member at the beginning of the contract or at the beginning of an extension period that is lower than the regular membership fee for the agreed service at that time, this agreement only applies for the first 12 months from the agreement. After the expiry of the aforementioned period, the member owes the currently valid membership fee.
5.6. As part of the conclusion of the agreement and during the use of the studio, the member is obliged to present a valid identity card or a valid passport on request for the purpose of proof of identity.
5.7. When concluding an annual membership with partial payment, the contractual partner is entitled to carry out a credit check, which includes in particular obtaining information from third parties. In this case, the agreement is concluded under the condition precedent (suspensive condition) that the credit check of the member is positive.
6. House Rules
6.1. The member undertakes to strictly comply with the currently valid version of the house rules and to strictly follow the instructions of the staff.
6.2. If the member violates the house rules or does not follow the instructions of the staff in the respective studio of the operator, the operator is entitled, after prior written warning, to issue a house ban, to terminate the contract with immediate effect and to hand over the badge or app code lock out. In this case, the member is not entitled to a refund of the membership fee paid in advance. In the event of serious disruption to training operations by the member, a prior written warning is not required.
6.3. The studio provides the member with lockers during the training period. The studio is entitled to open and clear locked lockers at the member's expense if they are used outside of the member's training times. The studio is also entitled to open and clear out locked lockers at the member's expense in order to uncover any criminal or illegal acts by the member.
6.4. The member uses the locker at their own risk and peril. The operator excludes - as far as legally permissible - any liability for immediate (direct) and indirect (indirect) damage. Any liability for valuables, money, (sports) clothing, etc. left in the locker is excluded. The member is responsible for taking out adequate insurance.
6.5. The operator's customer parking spaces, which are used by the member, may only be used by the member during training times in the operator's respective studio. If the parking spaces are used outside of the member's training times, the contractual partner is entitled to have the member's vehicle towed away at the member's expense.
6.6. It is strictly forbidden to smoke in the respective studio, to consume alcoholic beverages or illegal (addictive) substances such as doping according to the doping list of the World Anti-Doping Agency (WADA). Furthermore, the member is prohibited from bringing illegal substances and prescription drugs (e.g. anabolic steroids) that are not for the personal and medically prescribed use of the member into the respective studio of the operator. In the same way, the member is prohibited from offering, procuring, ceding or otherwise making accessible such means to third parties in the respective studio, whether for a fee or free of charge.
6.7. In the event of a breach of these contractual obligations, the contractual partner is entitled to terminate the agreement with immediate effect. In the event of a breach of this contractual obligation, the member owes the contractual partner a contractual penalty of CHF 500.00 for each individual act of infringement. Payment of the contractual penalty does not release the member from further compliance with the agreement. Claims for damages that exceed the amount of the contractual penalty are expressly reserved. In the event of a recurrence, the operator is also entitled to impose an unlimited house ban with simultaneous termination of the agreement with immediate effect.
7. Late Payment
7.1. If the member does not pay the compensation owed on time, he will be in default immediately and without a reminder. The operator is entitled to charge a fee per reminder and interest on arrears of five (5) percent from the time the default occurs. If the member is in arrears with at least two monthly contributions, the entire contributions are due for payment by the end of the term.
7.2. If the member does not pay on time, he is immediately in default without a reminder and owes the operator compensation for any further damage caused by the delay (e.g. collection costs, etc.). In the event of a member's default in payment, the operator is entitled to involve specialized third parties (e.g. collection agencies) or to outsource the assertion of the claim to such third parties. The operator also has the right to make all data and documents available to these third parties that are required for the intended purpose.
7.3. In the event of a delay in payment, the operator expressly reserves the right to refuse the defaulting member access to the respective studio and to block the badge or app code until all open and due claims have been settled or to terminate the agreement with immediate effect and to charge the member for the associated costs.
8. Performance disruptions due to force majeure
8.1. In the event that the respective studio of the operator does not fulfill the agreement at all (e.g. due to a complete closure of the studio), not completely (e.g. due to a partial or temporary closure of the studio) or not in good time due to an event of force majeure for which it is not responsible (Default) fulfilled, there is no liability on the part of the operator and no claims for damages by the member (in particular in the form of a refund for contributions already made or extension of the contract period) against the contractual partner.
8.2. For the purposes of this provision, force majeure includes all circumstances beyond the control or sphere of influence of the parties, in particular, but not exclusively, fire, floods, earthquakes, epidemics and pandemics, restrictions imposed by authorities to protect public health and/or safety or the Failure of public infrastructure systems (such as power and energy supply plants).
9. Termination of Contract
9.1. If the member violates a provision of the agreement, these terms and conditions and/or the house rules, the operator is entitled to terminate the agreement with immediate effect.
9.2. If the member does not want to extend the agreement, the member must terminate the contractual relationship in writing with a notice period of three (3) months before the end of the agreed contract period or renewal, stating the customer ID to the operator's administration. The time of receipt by the operator's administration is decisive for the timeliness of a termination.
10. Liability
10.1. The operator excludes - as far as legally permissible - any liability for immediate (direct) and indirect (indirect) damage. The customer is responsible for taking out adequate insurance.
10.2. The member is fully liable for property damage caused by him to training facilities, wellness facilities and training equipment as well as for the loss of rental items. The member is obliged to reimburse the operator for all corresponding repair and/or replacement costs in full.
11. Privacy
11.1. The operator processes personal and non-personal data of the member (including his photo) or has this processed by third parties commissioned by her, insofar as this is necessary for the purpose of the contractual relationship, the evaluation and development of the studio offer or the prevention or clarification of contractual or criminal behavior serves. When entering the respective studio, the date, time and membership number of the member are recorded and saved. Such data is used, for example, in an anonymous form to optimize the general training conditions.
11.2. By registering, the member confirms that they have read and understood the operator's data protection declaration and the processing of their personal data described therein. The data protection declaration is available on the operator's website.
11.3. The member acknowledges and agrees that the studio premises may be monitored by cameras for security reasons. The relevant provisions of the Federal Data Protection Act are observed.
12. Final Provisions
12.1. The contractual partner is entitled to amend and/or supplement these GTC at any time, subject to an objection period of 30 days. If the member objects to the contractual partner in writing within this period, the contractual partner has the right to terminate the agreement with immediate effect. In this case, the member is not entitled to a refund of the membership fee paid in advance.
12.2. Such changes will become effective for all members upon entry into force by publication on the website or homepage of the contractual partner.
12.3. Should individual provisions of these General Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by a provision that comes as close as possible to the sense and purpose of the ineffective provision in a legally effective manner. The same applies to any loopholes.
12.4. The exclusive place of jurisdiction is the place of business of the contractual partner. Swiss law applies exclusively. The application of provisions of international private law (IPRG) and international treaties is excluded.
Status: 02/2022