GENERAL TERMS AND CONDITIONS
of John Harris GesmbH, Nibelungengasse 7, 1010 Vienna and its subsidiaries (John Harris Margaretenbad GmbH, John Harris Wien GmbH, John Harris Graz GmbH, John Harris Linz GmbH), hereinafter referred to as "JHF".
Conclusion of contract: The contractual relationship between the member and JHF comes into effect upon receipt of the duly completed and signed membership application by JHF and acceptance by JHF within a maximum of 14 days, by handing over the membership card. If JHF does not accept the membership application, the applicant will receive a pro-rata refund of any club fees already paid, and JHF will be entitled to a flat-rate fee of EUR 25.00 per day for the use of the club during the period between submission of the application and rejection.
Choice of law and place of jurisdiction: Austrian law shall apply, with the exception of the referral provisions. For members who are not consumers within the meaning of the Austrian Consumer Protection Act 1979 as amended, the place of jurisdiction is the court with local jurisdiction for JHF in Vienna.
Range of services for members: In accordance with the agreed type of membership and club regulations, the member is entitled to the proper use of the respective clubs and club facilities, as well as to the use of the respective club services, within the agreed opening hours. The scope of services of the agreed type of membership results from the current notice of the respective club. The use of additional clubs and club facilities, as well as the use of additional club services during opening hours that are not covered by the agreed type of membership, is possible subject to the respective availability at the respective valid additional rates.
Exercise of membership: The member must present a valid membership card or time card each time he/she enters the Club. In exercising membership, the member shall observe the respective Club rules and the signs at the Club facilities as well as the instructions of the responsible personnel. The club facilities and club services may only be used when the member is in good health and fit for sport. In case of doubt, the member must contact the staff in charge.
OFF PEAK: The "Off Peak" option entitles the user to limited use of the Club for a limited period of time. Monday to Friday: access until 16:30 (stay until 17:00), Saturdays, Sundays and holidays: access until 14:30 (stay until 15:00).
CORPORATE: The reduced corporate rate is valid as long as the member is employed by the corporate partner.
TIME PASS: The time pass entitles, according to the agreed type of time membership, to use the respective clubs and club facilities as well as to use the respective club services, within the opening hours, for the agreed duration on consecutive days (1 day, 7 days, 14 days or 30 days). The season ticket automatically expires at the end of the last day of the agreed duration.
Membership card: The member will receive a personal membership card from JHF against payment of a one-time issuing fee. Until receipt of the membership card, a) in the case of new members, a copy of this membership application and b) in the case of loss of the membership card, a copy of the written notice of loss will serve as the membership card. The loss must be reported to JHF in writing. The issuance fee will be due again each time the card is issued.
Non-transferability: The membership and the membership card are non-transferable.
Club dues & fees for ongoing services: The agreed club dues for membership, as well as other agreed fees for ongoing or recurring services provided by JHF, are value-protected and due for payment in advance on the first of each calendar month, unless otherwise agreed in writing. If the term of membership or the permanent service begins or ends during a calendar month, the club fee or the respective service fee is to be paid on a pro-rata basis. In the event of (partial) non-use of Club services, the member shall not be entitled to a refund. The Club fee and other fees for permanent services shall be reduced or increased in accordance with the change in the Consumer Price Index 2005, or the index of the Federal Statistical Office of Austria replacing it, compared to the index figure announced for January 2005 and subsequently to the index figure last used for the valorization, whereby changes shall only be taken into account from 1.5 percent. The member shall pay the amended fees as of the first day of the month following receipt of the amendment letter from JHF.
Fees for individual services: The fees for individual services provided by JHF are due for payment prior to the respective service provision and are determined in accordance with the JHF price sheet valid at the time of service provision, unless a different fee is agreed in writing. The price sheet is available at the Clubs in its currently valid version. In the event of (partial) non-use of club services, the member has no right to a refund.
Default in payment: In the event of default in payment, JHF is entitled to interest on arrears at a rate of 5 percent p.a., as well as a claim for reminder charges of EUR 20.00 per reminder, and reimbursement of the costs of appropriate extrajudicial and judicial collection measures.
IV. SUBSEQUENT CHANGES
Changes in membership and contact details by the member: The member may request a change in the type of membership by submitting an amended membership application or change request, in each case with effect from the following calendar month. The member is obligated to immediately notify JHF in writing of any change of name or address.
Changes by JHF: The member will be notified in writing of any changes in the range of services and/or the fees and/or the GTC by JHF as a notice of change. If the member does not object to the changes in writing within four weeks of receipt of the change notice, the changes will become effective for the member at the time specified in the change notice. If the member objects to the changes in due time, the contractual relationship shall end after a period of two months, calculated from the receipt of the objection, as of the last day of the month. The member shall be specifically informed of the significance of his or her actions in the notice of change. The valid notice is available for inspection or free withdrawal in the clubs.
JHF endeavors to ensure that the club is operated in an orderly manner. JHF is liable for any impairment of the services offered, as well as for damages only in the case of gross negligence or intent, on the part of the persons responsible for the proper operation of the Club. However, JHF does not assume any liability for temporary impairments of the range of services offered, in particular due to temporary closure of operations, loss of personnel, as well as due to maintenance or reconstruction work; in this case, there is also no entitlement to a reduction of fees. The Club member is responsible for the proper safekeeping of the items brought into the Club. JHF is not liable for lost or damaged items (e.g., cash, vouchers, credit bills) that have not been properly deposited in the valuables safes located at the reception desk; JHF may refuse to deposit such items in individual cases at its discretion. The liability for deposited valuables is limited to EUR 550.00.
VI. DURATION AND TERMINATION OF MEMBERSHIP
The membership is concluded for an indefinite period, unless otherwise agreed in writing. It can be terminated in writing (with signature) by either party after expiration of the agreed minimum contract period, subject to a notice period of two months to the last day of the month. Time tickets automatically lose their validity after expiry of the agreed period. JHF and the member are entitled to terminate the contract immediately for good cause in the sphere of the other contracting party. An important reason on the part of the member entitling JHF to terminate the contract immediately shall be deemed to exist, in particular, if the member disturbs the proper operation of the club, fails to use club facilities properly and thereby endangers himself/herself or third parties, damages club facilities, fails to comply with staff instructions, or is more than one month in arrears with the payment of due fees; in such cases, the member shall not be entitled to a refund of fees paid in advance.
This studio is a cooperation partner of NADA Austria and is committed to clean and healthy sport.
The use of prohibited substances or methods without medical necessity is forbidden in this studio.
Should circumstances become known whereby members violate these prohibitions, it will result in the termination of the membership.
VII. DATA PROTECTION
These T&Cs were last updated on May 8, 2018.
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