GENERAL TERMS AND CONDITIONS
General Terms and Conditions The name FITOMAT is an abbreviation of the full name of the owner of the FITOMAT Club with which a contractual relationship is concluded.
1. SCOPE OF APPLICATION
These General Terms and Conditions ("GTC") apply to all contracts of "FITOMAT" as the FITOMAT Studio ("Studio") with members, unless otherwise agreed in individual cases. Members are those persons who are entitled to access and use the Studio on the basis of a valid membership contract concluded with FITOMAT.
2. CONCLUSION OF CONTRACT
2.1 In the case of online contracts concluded via the FITOMAT website, the submission of the completed registration form constitutes a binding offer by the interested party to FITOMAT to conclude a membership contract. The acceptance of the offer (and thus the conclusion of the contract) is effected by a corresponding declaration of acceptance from FITOMAT by e-mail. FITOMAT saves the text of the contract and sends the contract documents with the declaration of acceptance by e-mail. The statutory right of withdrawal applies to the member, about which he/she will be informed separately before the online contract is concluded.
2.2 The special provisions in section 8 apply to minors.
3. SCOPE OF SERVICES
3.1 Membership entitles the member to enter the studio during opening hours and to use the entire sports and fitness area of the studio, including the changing rooms and lockers and - if available - the sanitary facilities (toilet, shower) in accordance with the provisions of the membership contract, these GTC and the studio regulations.
3.2 The member is given the opportunity to use the FITOMAT app. The FITOMAT app allows the member, among other things, easier access to the gym, access to professionally prepared training plans and use of the self-service area, in which the member can, for example, change their personal data, manage their membership, view their correspondence with FITOMAT and contact FITOMAT's membership administration. The member's access to the FITOMAT app is activated upon payment of the start package (Section 6.1).
3.3 The gym is a so-called "smart gym". This means that the gym is fully automated by intelligently networked, digital systems and does not require any staff. Members are not supervised by staff in the gym. In particular, there is no instruction of the member in the use of the sports and fitness area, no supervision of the member in the use of the sports and fitness area and no other support of the member by staff in the gym.
3.4 Additional services, such as a training session with a personal trainer, can be booked via the FITOMAT app (see section 3.2) for an additional fee, depending on the FITOMAT offer.
4. STUDIO REGULATIONS
The member must comply with the gym rules when using the gym. In particular, the gym rules may contain regulations on behavior, clothing, use of equipment and inventory, taking food and drinks with you and the opening hours of the gym. The Studio Rules are attached to these GTC.
5. ACCESS TO THE STUDIO
5.1 Access to the gym is automatic via a personal QR code, which the member receives by email after signing the membership contract and after activation in the FITOMAT app. To enter the studio, the member must hold the personal QR code in front of a scanner at the studio entrance door.
5.2 Access to the studio is only possible during the studio's official opening hours, which are announced in the studio or on the FITOMAT website.
5.3 Only the member is authorized to use the personal QR code to access the gym. The Member is prohibited from giving the personal QR code to a third party or enabling a third party to access the Gym via the personal QR code or in any other way.
5.4 If a member violates the prohibition stated in clause 5.3 sentence 2 of these GTC despite a corresponding warning from FITOMAT, FITOMAT is entitled to terminate the membership contract for good cause with immediate effect. In addition, FITOMAT is entitled to demand payment of a contractual penalty of EUR 20.00 from the member for each case of culpable violation by the member of the prohibition specified in Section 5.3 sentence 2 of these GTC; a forfeited contractual penalty shall be offset against a claim for damages for the same violation.
6. DUE DATE, PAYMENT, DEFAULT
6.1 The amount of the membership fee is set out in the membership contract. Membership fees are due four weeks in advance from the start of the term of the membership contract (see section 7.3). The starter package as a one-off payment is due immediately after the 14-day bonus period (see section 7.2). General Terms and Conditions The name FITOMAT is an abbreviation of the full name of the owner of the FITOMAT Club with which a contractual relationship is concluded. GTC FITOMAT_AGB_241201EN Page 1
6.2 Payment of membership fees and the starter package shall be made exclusively by SEPA direct debit. The member shall issue FITOMAT with a written direct debit mandate for this purpose. FITOMAT is entitled to have the payment processing carried out by a third party or to transfer it to a third party. The member is obliged to ensure that his/her current account has sufficient funds. For each direct debit that is not honored for a reason for which the member is responsible, FITOMAT is entitled to demand compensation from the member for the costs incurred as a result of the returned direct debit. To this end, FITOMAT is entitled to debit the member's current account for the amount of the costs actually incurred by FITOMAT. FITOMAT's loss shall consist in particular of bank charges and additional expenses. The member is permitted to prove that FITOMAT has incurred less damage or no damage at all.
6.3 If the member is in arrears with the payment of a membership fee, FITOMAT is entitled to block the member's QR code and deny the member access to the gym until the outstanding amounts have been paid.
6.4 If the member is in arrears with the payment of two membership fees, all membership fees shall become due for payment immediately until the next possible date of termination of the membership contract.
6.5 Further claims and rights of FITOMAT due to late payment by the member remain unaffected by the provisions in the above clauses 6.3 and 6.4.
7. TERM, BONUS PERIOD, TERMINATION
7.1 Membership begins on the date specified in the membership contract as the "Membership start date".
7.2 At the start of membership, the member is granted a bonus period of two weeks. The bonus period is free of charge for the member, i.e. the member is not obliged to pay membership fees or the start package (Section 6.1) during the bonus period. Otherwise, all provisions of the membership contract, the GTC and the Studio Regulations shall apply during the bonus period, unless they require the commencement of the term of the membership contract or payment of the starter package.
7.3 The term of the membership contract begins immediately after the bonus period (clause 7.2). Depending on the agreement between FITOMAT and the member, the following applies to the contract term: a) If a fixed initial term ("minimum term") is agreed in the membership contract, the membership contract shall initially have the agreed minimum term. After expiry of the minimum term, the term of the membership contract shall be extended indefinitely unless the membership contract is terminated beforehand by the member or by FITOMAT with one month's notice to the end of the minimum term. After the minimum term has expired, the membership contract can be terminated by the member or by FITOMAT with one month's notice. b) If no minimum term is agreed in the membership contract, the membership contract is concluded for an indefinite period. In this case, the membership contract can be terminated by the member or by FITOMAT at any time with one month's notice.
7.4 The right of both parties to terminate for good cause in accordance with the statutory provisions remains unaffected. Good cause for termination by FITOMAT exists in particular if the member breaches the prohibition set out in clause 5.3 sentence 2 of these GTC, if the member is in arrears with the payment of two membership fees or an amount equivalent to two membership fees, or if the member repeatedly and seriously breaches the gym rules despite being warned by FITOMAT.
7.5 Any notice of termination must be in text form. Alternatively, the member can also give notice of termination via the FITOMAT app or the FITOMAT website.
8. MINORS
8.1 Persons who have not yet reached the age of 14 may not become members.
8.2 For persons who have reached the age of 14 but not yet 18, a membership contract can only be concluded with the consent of their legal representatives. In this case, the interested party must contact FITOMAT by e-mail or via the contact form on the FITOMAT website for the purpose of concluding the membership contract (see section 2).
9. LIABILITY OF FITOMAT
9.1 FITOMAT shall be liable in accordance with the statutory provisions, unless otherwise stated in these GTC, the membership contract and other agreements between FITOMAT and the Member.
9.2 Members use the sports and fitness area at their own risk. FITOMAT is not liable for damages incurred by the member through the use of the sports and fitness area in the studio or through the conduct of other members, visitors or unauthorized third parties in the studio.
9.3 The lockers provided by FITOMAT are not supervised. The member is responsible for ensuring that the lockers used are sufficiently secure. FITOMAT is not liable for items stolen from the lockers.
9.4 The above limitations of liability in clauses 9.2 and 9.3 do not apply in the event of intent or gross negligence on the part of FITOMAT, its representatives or vicarious agents, for liability due to injury to life, limb or health, or for liability in accordance with the provisions of the Product Liability Act. FITOMAT shall only be liable for slight negligence in the event of a breach of material contractual obligations, whereby liability in this case shall be limited to the typical and foreseeable damage at the time of conclusion of the contract. A material contractual obligation within the meaning of the preceding sentence is an obligation whose fulfillment is essential for the proper performance of the membership contract and on whose fulfillment the member regularly relies and may rely.
10. NON-TRANSFERABILITY OF MEMBERSHIP
The member is not permitted to transfer the rights of use and participation acquired with the membership to third parties. A transfer of the entire membership to a third party is only possible with the prior written consent of FITOMAT.
11. SUSPENSION OF MEMBERSHIP
11.1 Members have the option of requesting the suspension of their membership. Suspension of membership can only be requested on the first day of the month, only for full months and only for a maximum of 6 months. Reasons for the suspension of membership can only be health restrictions of the member that make it temporarily impossible for the member to use the studio. The member must enclose a form completed by a doctor with his/her application, which will be provided by FITOMAT on request.
11.2 FITOMAT shall decide on the application for suspension of membership at its own discretion. The member has no right to be granted the requested period of rest.
11.3 If FITOMAT grants the member's request to suspend membership, the respective obligations of the member and FITOMAT under the membership contract and these GTC shall be suspended for the duration of the rest period. In particular, the member is not obliged to pay membership fees during the rest period. If the member is granted the rest period during an ongoing minimum term, the end of the minimum term shall be postponed to the future by the respective duration of the rest period.
12. VIDEO RECORDINGS
FITOMAT reserves the right to monitor specially marked, publicly accessible areas of the studio (with the exception of the changing rooms and sanitary facilities) by video camera and to store the recordings for a maximum of 48 hours for security reasons, in particular in view of the lack of staff in the studio, in compliance with the provisions of the Federal Data Protection Act and the General Data Protection Regulation (GDPR).
13. DATA COLLECTION AND UTILIZATION
13.1 FITOMAT collects, processes and uses personal data from the membership contract only for the purpose of processing the contract, customer care and for its own advertising campaigns. This is the data provided by the member during registration, such as: Name, address, telephone number (mobile and landline), e-mail address, bank details.
13.2 Furthermore, the member's membership number and the date and time of check-in and check-out are recorded for each visit to the studio. FITOMAT stores this data for a maximum of two months. They are used exclusively to monitor unauthorized use and are not used in any other way or made accessible to third parties.
13.3 The processing of the member's data collected as part of the membership contract is carried out in accordance with the GDPR and the other relevant data protection laws. Data processing is carried out on the basis of Art. 6 para. 1 lit. a) and Art. 6 para. 1 lit. b) GDPR and only for the aforementioned purposes of contract processing, customer care and advertising campaigns. Data processing beyond the purpose of the contract does not take place. Should it become necessary to collect further data beyond the purpose of the contract, FITOMAT will obtain separate consent from the member for this. With regard to the scope and purpose of the data collection and the information on the rights of data subjects, reference is also made to FITOMAT's data protection information.
14. NO PARTICIPATION IN DISPUTE RESOLUTION PROCEEDINGS PURSUANT TO THE VSBG
FITOMAT is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board in accordance with the German Consumer Dispute Resolution Act (VSBG).
15. CHANGES TO THE GENERAL TERMS AND CONDITIONS
FITOMAT is entitled to amend these GTC with effect for the future, with the exception of essential contractual obligations, taking into account the interests of both parties and good faith (Section 242 BGB). Material contractual obligations are those obligations whose fulfillment is essential for the proper execution of the membership contract and on whose compliance the member regularly relies and may rely. FITOMAT shall notify the member of any intended changes to the GTC in text form and at the same time give the member the opportunity to comment and object within a period of six weeks. The intended changes to the GTC notified to the member shall be deemed to have been approved by the member if the member does not object to the changes within the aforementioned period.
16. FINAL PROVISIONS
16.1 Should one or more provisions of these GTC and/or the membership contract be or become invalid, this shall not affect the validity of the remaining provisions of these GTC and/or the membership contract.
16.2 The Member may only offset undisputed or legally established claims against claims of FITOMAT