General terms and conditions for fitness membership

1. Applicability
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded by Asia Spa Leoben BetriebsgmbH (hereinafter referred to as "ASL") for the use of the fitness studio "Asia Fitness Leoben."
1.2. ASL will display these GTC in the entrance area of the fitness studio. If the fitness studio operator offers contract conclusion online, these GTC will also be accessible on the website.
1.3. Members are persons who, based on a fitness contract concluded with the fitness studio operator, are entitled to enter and use the fitness facilities and the services included in the membership (e.g., Asia Spa water world, group classes) within the access and usage times defined in their respective membership.
1.4. By signing and registering, the user confirms having read the house rules and acknowledges these as part of the contract. In cases of severe violations of the house rules, temporary or permanent bans may be issued.

2. Conclusion of the Contract
2.1. The contract between ASL and the member is established by signing the fitness contract in the fitness studio or concluding the fitness contract via the Asia Fitness Leoben website. For online contracts with consumers, the special provisions under Section 9 of these GTC apply. Individual contractual provisions in the fitness contract take precedence over these GTC.
2.2. Upon conclusion of the contract, a copy of the fitness contract will be sent to the member via email. Additional copies can be provided upon request.
2.3. Contracts with minors (under 18 years) may only be concluded with the written consent of their legal representatives.

3. Object and Scope of Services
3.1. The type and scope of services are determined by the fitness contract and the chosen membership. Courses in the course room are subject to availability and prior registration.
3.2. Memberships are non-transferable.

4. Use of the Fitness Studio
4.1. Access Authorization
4.1.1. Each member is entitled to enter and use the fitness studio and its facilities during opening hours and according to the type of membership.
4.1.2. Each member will receive an access medium upon conclusion of the contract. A deposit of EUR 10.00 is required for the access medium. The access medium is non-transferable, and unauthorized sharing is prohibited. Members are obliged to store the access medium securely. Any loss or damage must be reported to the fitness studio operator immediately. In the case of loss or damage caused by the member, a processing fee of EUR 25.00 will be charged for issuing a replacement. The old access medium becomes invalid upon the issuance of a new one.
4.1.3. Access to the fitness studio is only possible with an active membership and a valid access medium.
4.1.4. Intoxicated members or members under the visible influence of drugs or intoxicants may be denied access for the duration of their impairment.
4.1.5. Bringing weapons, consuming alcoholic beverages, illegal drugs, or unauthorized performance-enhancing substances on the premises is prohibited.
4.1.6. The member acknowledges that trainers, supervisors, and attendants are not present at the fitness studio during the entire opening hours. Orientation on equipment usage or assistance requires an appointment.
4.2. Hygiene Regulations
4.2.1. For hygiene reasons, entering and using the training equipment and areas is only permitted with sportswear and clean sports shoes. Members must also carry a towel to place on equipment or mats to prevent sweat from accumulating.
4.2.2. Bringing or consuming self-provided food is prohibited.
4.2.3. All areas of the fitness studio must be kept clean. Waste must be disposed of in designated containers.
4.3. Safety Regulations and Liability
4.3.1. The use of fitness equipment is only permitted if a fitness trainer from ASL has provided instructions on their operation. The starter package serves for individual diagnostics and creating a personal training plan. Members must follow the instructions of the staff.
4.3.2. ASL is not liable for the consequences of improper exercise performance, particularly excessive weight loads. Members affirm that they do not suffer from contagious diseases and that no medical reasons prevent them from training at ASL. ASL is not liable for accidents caused by the member.
4.3.3. All facilities, training equipment, and areas must be used with care.
4.3.4. Members are required to store clothing and valuables in the designated lockers. ASL accepts no liability for the loss or damage of clothing or valuables, even when using lockers provided by ASL. Lockers may be opened by ASL in case of misuse.
4.4. Avoidance of Hazards and Harassment
4.4.1. Members must refrain from unnecessary noise, harassment, or endangering other members.
4.4.2. Photographs or video recordings of other members are only permitted with their prior consent.
4.4.3. In case of injuries to other members, each member is obliged to provide reasonable assistance and administer first aid.
4.5. Miscellaneous
4.5.1. To ensure compliance with the provisions outlined in these GTC, prevent hazards, avoid and mitigate damage, and protect the health of other members, the fitness studio operator and its staff may issue behavioral instructions. These instructions must be followed. Members failing to comply may be temporarily expelled from the fitness studio.
4.5.2. Offering or conducting any self-employed activities in the fitness studio, such as paid coaching, courses, or training sessions, requires prior agreement with the fitness studio operator.
4.5.3. The fitness studio operator is not obliged to verify the mental and physical suitability of a member. The choice, scope, and intensity of training are the sole responsibility of each member. It is strongly recommended that training be tailored to individual physical capabilities and that exercises be discontinued and medical advice sought if any complaints arise. ASL reserves the right to require a medical certificate confirming fitness for sports before accepting the member and to make the membership dependent on the result of this certificate.

5. Usage Times
5.1. The fitness studio, swimming pool, and sauna (if applicable) are accessible during the opening hours published on the websites of Asia Hotel & Spa Leoben and Asia Fitness Leoben.
5.2. Maximum simultaneous visitor capacities apply to individual areas of Asia Spa. Once the maximum capacity is reached, further visitors cannot be admitted. Due to this restriction, it may not be possible to access certain areas despite holding a season ticket or membership. In such cases, no (partial) refund or extension of the membership’s validity can be claimed.

6. Fees
6.1. The agreed fee (membership fee) applies for the contractually agreed membership term and is payable in advance on the 1st of each month. Alternatively, it may be paid in full at the beginning of the first month of membership for the entire contract duration. The membership fee includes VAT at the applicable statutory rate. Payments are considered timely if initiated on the due date.
6.2. In the event of late payment, the fitness studio operator is entitled to charge statutory default interest. Additionally, collection costs of up to EUR 25.00 may be charged, provided they are necessary, appropriate for recovering the arrears, and reasonable in relation to the outstanding amount. For monthly payments requiring participation in a direct debit process, members must ensure sufficient account funds on the due date. If a direct debit fails due to insufficient funds, ASL reserves the right to charge an additional processing fee of €25.
6.3. The membership fee is value-secured. Its stability is based on the Consumer Price Index 2020 published monthly by Statistics Austria, or any successor index.
6.4. Starter Package / Onboarding: Upon contract conclusion, a one-time starter package fee is charged per membership (except for one-month memberships and advance payments). This package includes individual diagnostics and the creation of a personal training plan.
6.5. Food, beverages, and optional services like massages or cosmetic treatments are not included in the membership fee. Bringing and consuming one’s own food is not encouraged.
6.6. Changes to the member’s address and bank account details must be communicated to ASL without delay. The contract between the customer and ASL is concluded in writing. Any changes also require written form. No verbal side agreements have been made.

7. Contract Duration and (Early) Termination
7.1. The contract is concluded for an indefinite period. Unless otherwise agreed, the minimum contract term is up to 12 months. Both parties may terminate the contract for the first time at the end of the minimum term (meaning the contract ends on the last day of the minimum term) and, thereafter, at the end of any calendar month. Notice of termination is timely if received by the other party at least one month before the end of the contract.
7.2. The fitness studio operator may terminate the contract with immediate effect—even before the minimum term ends and without adhering to notice periods—if:
7.2.1. The member repeatedly violates studio usage regulations despite two unsuccessful warnings.
7.2.2. The member learns of their pregnancy after concluding the fitness contract. Pregnancy must be certified by a medical certificate. A maternity passport or an equivalent medical certificate is required as proof.
7.3. During the suspension period, the member is exempt from paying membership fees. Fitness contract services cannot be used during the suspension period. If the member uses fitness studio services despite the suspension, the payment obligation remains in effect.
7.4. In the case of pregnancy, the suspension ends eight weeks after the end of the pregnancy.
7.5. If an illness or accident prevents participation for more than 90 days, the member may terminate the contract without being bound by the waiver of termination, notice periods, or deadlines.
7.6. These specific termination rights do not exclude or restrict either party's right to terminate the fitness contract for good cause.

8. Operational Interruptions
8.1. To facilitate renovations, cleaning, and repairs, complete operational interruptions of up to 14 consecutive calendar days, but no more than 21 calendar days per year, are permissible. These interruptions must be announced at least seven days in advance via notice posted at the fitness studio. Regardless, the operator must minimize operational interruptions as much as possible.

9. Special Provisions for Online Contracts with Consumers
9.1. Consumers can withdraw from online contracts within fourteen days of conclusion without providing reasons. To exercise the right of withdrawal, the consumer must inform the fitness studio operator [Asia Fitness Leoben, In der Au 3 – 8700 Leoben, 03842 24500 510, fitness@asiaspa.at] through a clear statement (e.g., a letter sent by post, fax, or email). Sending the notification before the withdrawal period expires is sufficient. A sample withdrawal form is available on the Asia Fitness Leoben website at www.asiafitness.at, downloadable from the footer.
9.2. If the consumer withdraws, the fitness studio operator will refund all payments made without delay, and no later than 14 days from the day the withdrawal notification is received. Refunds are made using the same payment method as the original transaction unless explicitly agreed otherwise. No fees will be charged for the refund.

10. Amendments to the Terms and Conditions (T&Cs)
10.1. The fitness studio operator reserves the right to amend these General Terms and Conditions (T&Cs).
10.2. Members will be informed of changes in a timely manner before they take effect. Notifications may also be sent by email.
10.3. Changes are considered approved if the member does not object within four weeks of receiving the notification. The fitness studio operator will specifically inform members that changes will be deemed approved if no objection is raised within the specified period.

11. Final Provisions
11.1. Members must provide truthful information regarding contract-relevant personal data upon concluding the fitness contract. Any changes to such data (name, address, bank account details, etc.) must be reported to the fitness studio operator without delay.
11.2. If any provisions of these T&Cs are or become invalid, the validity of the remaining provisions shall not be affected.
11.3. Place of jurisdiction: The place of performance for all obligations is the registered office of ASL in Leoben.