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General Terms and Conditions

I. MEMBERSHIP

The duration of membership in 365 Fit&Co (hereinafter “365Fitco” in the appropriate grammatical form) is determined by the membership agreement (hereinafter “Agreement”) and, unless otherwise specified, membership is valid from the effective date indicated on the Agreement.

Upon conclusion of the Agreement, the Fitca member receives a membership card based on

which is entitled to use all services defined by the type of membership for the duration of the membership. The services can be used unlimitedly during Fitca’s operating hours, unless otherwise specified by the type of membership card. The membership card is non-transferable, with the exception of certain types of company cards, if so stipulated in the Agreement.

Holders of any Economy membership are not eligible for free

for towel service. Holders of any Premium membership are entitled to free towel service, which includes 1 towel, 1 bath towel, 1 sheet, but only once during the day.

The operator is entitled to draw up club rules (Operating Regulations) in which he specifies the conditions for using voFitc services in more detail. The operator may change the Operating Regulations as necessary.

These General Terms of Membership are binding on all persons who have used or intend to use Fitco services. These General Terms of Membership also apply to persons who are granted member status on the basis of a contract concluded between the operator

and a third party for their benefit. The general conditions of membership are attached to the membership agreement.

II. MEMBER

Fitco profiles itself as a sports and relaxation facility for adults, not as a youth club or a club for children.

The following can become a member of Fitco (hereinafter also only “member”):

  1. a) any natural person of legal age who enters into the Agreement, or
  2. b) a legal entity for certain types of membership that concludes the Agreement.

A person between the ages of 12 and 18 (hereinafter referred to as “Minors”) can also become a member of Fitco, whose membership can be purchased by a legal representative, who at the same time signs the legal representative’s written consent to the Minor’s membership (hereinafter referred to as the “Declaration”):

  1. a) that the person for whose benefit the membership is purchased is sufficiently familiar with his obligations arising from the Fitca Operating Regulations (hereinafter referred to as the “Operating Regulations”) and is sufficiently mentally mature to comply with these obligations, and
  2. b) that he is fully responsible for such a person even if the legal representative does not accompany him in the premises of Fitca, and
  3. c) that he agrees to the processing of this person’s personal data in accordance with applicable legal regulations and the operator’s personal data protection principles

Minors (youth between 12 and 18 years old) may visit Fitco only on the basis of a signed Declaration.

III. MEMBERSHIP AND MEMBERSHIP

Membership is created by paying and paying:

  1. a) the full amount of the membership fee (hereinafter also “membership”) according to the type of membership a
  2. b) any other fees resulting from the Contract a
  3. c) any other amounts owed by the member.

By signing the Agreement, each member undertakes to comply with the Operating Regulations, which are located in the Fitco premises and on the Fitco website www.fitco.sk. By concluding the Agreement, the member confirms that he has familiarized himself with the Operating Regulations, understood its provisions and will comply with them. The member is entitled to use Fitco (equipment, services and service) only if all obligations towards Fitco have been paid.

The member is obliged to pay his obligations (membership and related fees) when they are due according to the type of membership that was created by signing the Agreement.

IV. MEMBERSHIP CARD

Each member receives a membership card that allows him to enter and exit

from the premises of Fitca (hereinafter referred to as “membership card”). The membership card is non-transferable and its loss must be reported at the Fitca reception within 7 days at the latest. A replacement membership card will be issued to a Fitco member for a fee according to the Fitco price list published in the Fitco premises and on the Fitco website. The membership card is issued for the duration of the Agreement.

V. MEMBER OPTIONS

Fitco undertakes to provide sports and relaxation services to its member during the validity of the Agreement upon presentation of the membership card. Membership allows you to use:

  1. a) equipment of the fitness center and cardio zone, if its type of membership allows it
  2. b) relaxation area pool & wellness (dry and steam sauna, whirlpool) and rest rooms, if its type of membership allows it and
  3. c) participate in group exercises in the Body&Mind hall, if his type of membership allows it

The time of stay in Fitca is limited only by the type of membership card, membership and the operating hours of Fitca.

VI. TERMINATION OF MEMBERSHIP AGREEMENT

The contract expires in the following cases:

  1. a) by written agreement of the contracting parties on the date specified in the agreement,
  2. b) the expiration of the period for which the Agreement was concluded,
  3. c) written withdrawal from the Agreement by Fitc for the following reasons:
  • gross violation of the Operating Rules by a member,
  • violation of the member’s obligations or intentional misuse of the member’s card by the member,
  • by committing an intentional crime against another member, Fitco employee or a person cooperating with Fitco.

The membership expires on the date of notification of withdrawal from the Agreement by Fitca to the member. Upon withdrawal from the Agreement, the member is not entitled to a refund of any part of the membership or paid fees.

  1. d) on the day of the closure of Fitco’s operations in the event that Fitco completely stops providing sports and relaxation services in the multi-functional Galleria Eurovea complex in Bratislava. In such a case, Fitco is obliged to return to the member the unused proportional part of the paid membership.

VII. TERMINATION OF MEMBERSHIP, SUSPENSION AND TRANSFER OF MEMBERSHIP

Membership in Fitc is continuous and its validity cannot be interrupted/suspended. Exceptions are the following cases, which only apply to annual memberships:

  1. a) suspension of membership in case of pregnancy is possible at any time for a maximum period of 24 months. The member himself determines the date from which his suspended membership is valid again with a written request to Fitc, the member can use this option 1 time during the validity of the membership. These membership renewals are free of charge.
  2. b) in justified cases exhaustively defined, which are serious illness, long-term incapacity for work, injury, long-term stay abroad), a member may suspend membership 1 time during the validity of the membership based on a written request and supporting documents proving the stated reasons.

Suspension of membership is subject to the approval of Fitca management. Fitco reserves the right to reject a request for suspension of membership. Suspension of membership is possible for a minimum of 2 weeks and a maximum of 6 months during the period of validity of the membership.

  1. c) the transfer of membership is possible only to a person who is not a member of Fitca, and only if the person to whom the membership is transferred pays a membership transfer fee in the amount of EUR 89, which includes 1 month of premium membership for free.

The provisions of Article VII. do not apply to membership cards issued for the benefit of third parties (corporate membership cards).

VIII. OBLIGATIONS OF MEMBERS

The member is obliged to:

  1. a) Behaving correctly and respectfully towards other members of Fitco, comply with the Operating Rules and not disrupt the proper operation of Fitco by your actions,
  2. b) Use Fitca property, machines and equipment only for the purpose for which they are intended and treat them carefully.
  3. c) Respect the instructions of the Fitco employees, especially the instructor on duty, the reception staff, the bar staff and of course the Fitco management, d) Pay your obligations to Fitco properly and on time.

If the member is interested in using Fitca services under the supervision of a fitness trainer or other professionally qualified person (hereinafter referred to as “trainer”), he can only do so if such a person is in a contractual relationship with the operator of Fitca. A list of such persons is available at the Fitca reception. The relationship between the member and the trainer is a relationship independent of the Contract, and the Fitca operator bears no responsibility for the services provided by the trainer to the member.

IX. DEFINING PROVISION

The member can use the premises and equipment of Fitca exclusively for the purpose of his own sports enjoyment and regeneration. To use the premises of Fitca for coaching and consulting activities, business activities or gainful activity without the written consent of the Fitca operator is prohibited!

It is forbidden to enter the premises of Fitca under the influence of an addictive substance.

X. LIABILITY FOR DELAYED ITEMS

Fitco is not responsible for damage to member’s personal belongings brought in or left in Fitco’s premises.

For valuables properly stored in lockable cabinets (safes or safe-deposit boxes located near the reception), which were members or to other users of Fitc, in accordance with the instructions of the responsible persons of the operator, also closed, and for which the operator provided keys/locks, the operator is only liable up to EUR 332. Valuable things are mainly mobile phones, cameras, jewelry, etc. The member/other user or visitor of Fitca is obliged to report damage to any locker in the Fitca premises and the loss of personal belongings stored in it to the responsible Fitca employee without undue delay.

The liability of the FitCa operator for defects in the services provided is adequately governed by the provisions of § 622 and § 623 of the Act. no. 40/1964 Coll. of the Civil Code as amended. The conditions and method of service complaints are stated in the complaints procedure, which is located in the Fitca premises.

XI. FORCE MAJEURE

In the event that the operation of Fitco is interrupted independently of the will of Fitco and the operation of Fitco is hindered by an obstacle that cannot be removed or overcome, its members are hereby not entitled to a refund of the registration and membership fee. A Fitca member has the right to have the validity of his membership extended free of charge for this period of non-operation of Fitca. However, the member is not entitled to an extension of the Agreement in the event of a temporary interruption of Fitca operations due to regular maintenance, a sanitary break in the wellness area, etc.

XII. FINAL PROVISIONS

In the event that the individual provisions of these General Terms of Membership differ from the individual provisions of the Operating Rules, then the provisions of the Operating Rules take precedence over the provisions of the General Terms of Membership. For the definition of terms that are not defined in these General Conditions of Membership, the definitions from the Operating Rules apply.

Fitco notifies the member of any changes to the General Terms and Conditions of Membership and/or the Operating Rules to their contact email entered in the Fitco member database. The member is obliged to familiarize himself with the communicated changes.

The member is obliged to notify the operator of any change in personal or contact data specified in the Agreement without undue delay after this change has occurred.

The invalidity of any part of the Agreement, or its possible content incompleteness, does not cause the Agreement to be invalid. In the event that some provisions of the Agreement become ineffective after the conclusion of the Agreement, the other provisions of the Agreement remain effective. Legal relations resulting from the Agreement, including the General Conditions of Membership, are governed by Slovak law.

Fitco is authorized to change or supplement the provisions of the General Terms and Conditions of Membership. Changes or additions to the General Membership Terms and Conditions are effective on the day of publication of the new full text of the General Membership Terms and Conditions in the Fitca premises and on the Fitca website.

XIII. STATEMENTS

By signing the Agreement, the member declares that he participates in activities at Fitc

at his own risk and responsibility, he is healthy and physically and mentally prepared and able to complete them, and every time he enters he thoroughly familiarizes himself with the operating instructions for the machines and equipment at Fitc that he wants to use and, if necessary, addresses the responsible person at Fitc with a request for advice. He further declares that he will always consider his current state of health and fitness before starting the exercise. The member declares that he acknowledges that the operator is not responsible for any damage to the member’s property and health caused by the member’s inappropriate health condition, other incapacity of the member to perform physical activities, entry under the influence of an addictive substance, the member’s lack of familiarity with the operation of machines and equipment in Fitc etc. The member agrees to sending information to his contact email,

By signing the Agreement, the member simultaneously declares that he has familiarized himself with and fully agrees with the valid Operating Regulations and these General Terms and Conditions of Fitco membership.

Pursuant to Act no. 18/2018 Coll. on the protection of personal data as amended, the undersigned member provides my personal data (photo of the face) voluntarily and by signing the Agreement I give my consent to the processing of personal data, their inclusion in the Fitca database and their use against Identity misuse as well as for protection property of Fitz.

Pursuant to Act no. 18/2018 Coll. on the protection of personal data, v

as amended, I provide my personal data (date of birth, address, telephone and e-mail contact) voluntarily and by signing the Agreement I give my consent to the inclusion and processing of personal data in the Fitca database. The provided personal data will be used by Fitco exclusively for record purposes and for sending advertising, marketing and promotional materials, with which Fitco informs about the offer of its products and services. The member undertakes to report any change to his data listed on the first page of the Agreement (contact data).

Consent to the processing of personal data and the provision of this personal data are granted for an indefinite period. Consent can be revoked at any time based on a written request.

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