Terms and Conditions
1. Scope of Application
1.1. These General Terms and Conditions (hereinafter "T&C") apply to all contractual relationships between Das PREMA and its customers.
1.2. The T&C are available on the website of Das PREMA at www.prema-wien.at.
1.3. Only these T&C apply. Opposing or differing terms are only recognized if Das PREMA has expressly agreed to them.
2. Conclusion of Contract
2.1. The services and products of Das PREMA are available via the booking platforms of myClubs GmbH ("myClubs") and the booking and management platform KENKO (formerly Bookee), as well as on the website of Das PREMA at https://www.prema-wien.at. These services and products can only be purchased electronically. Customers can also order products and gift voucher codes through these platforms, which require prior registration. For the booking and payment process via KENKO or myClubs, the respective valid terms and conditions of KENKO Technologies GmbH or myClubs GmbH apply in addition to these T&C. The confirmation of receipt of the order is sent together with the acceptance of the course booking or gift voucher code via an automated email to the email address provided by the customer. The contract is concluded only upon receipt of this confirmation from Das PREMA, KENKO, or myClubs.
2.2. Consumers may withdraw from the contract within 14 days without giving reasons in the case of distance contracts or contracts concluded outside business premises. The withdrawal period begins on the day the contract is concluded.
2.3. To exercise the right of withdrawal, the customer must notify Das PREMA by means of a written and duly signed statement (sent by registered post) within the deadline.
2.4. If the withdrawal is made in time before the start of service delivery, Das PREMA will reimburse all payments received in connection with the withdrawn service immediately and at the latest within 14 days from the day on which the notification of withdrawal was received. The same means of payment used in the original transaction will be used, unless expressly agreed otherwise.
2.5. If Das PREMA has started performing the service at the express request of the consumer before the withdrawal period has expired in accordance with §10 FAGG, the customer must pay a proportionate amount under §16 FAGG corresponding to the services provided until withdrawal relative to the total agreed price.
2.6. There is no right of withdrawal pursuant to §18 Z10 FAGG for training sessions or workshops if a specific date or period is specified for performance.
2.7. Das PREMA reserves the right to cancel the acceptance of a course or gift voucher order without giving reasons, especially in cases of incorrect or incomplete information. In such cases, any payments already made will be refunded.
3. Description and Scope of Services
3.1. Das PREMA operates fitness boutique studios at several locations where services in the areas of sports and wellness can be used.
3.2. The type and scope of the service are determined by the agreement between Das PREMA and the customer.
3.3. The services offered by Das PREMA are described at https://www.prema-wien.at and on the booking platforms KENKO and myClubs. Das PREMA may modify, expand, or limit the offering at its discretion.
3.3.1. Training packages (e.g., block or time cards) must be used within 12 months of purchase; otherwise, they expire.
3.3.2. The "Trial" offer includes a single training session and can only be used once and only by new customers. It is also valid for 12 months after purchase.
3.4. By booking a session, the customer commits to payment. Payment must be made before the session.
3.5. Free cancellation is only possible within the cancellation periods specified by Das PREMA.
3.6. Bookings are personal and non-transferable. Gift vouchers, however, may be transferred to another person.
3.7. Participation in training sessions does not guarantee a specific result.
3.8. The assigned trainer may change on short notice. Trainer selection is at the sole discretion of Das PREMA.
4. Use of the Studios
4.1. Access and Participation
4.1.1. Access is only permitted for customers booked into the respective session.
4.1.2. Customers must present their booking confirmation upon request.
4.1.3. Booking confirmations are not transferable.
4.1.4. The presence of animals or third parties is not allowed.
4.2. Rules of Conduct and Exclusion Grounds
4.2.1. Customers under the influence of alcohol or drugs will be denied access.
4.2.2. Disruptive or dangerous behavior will not be tolerated.
4.2.3. Misconduct such as insults, damage to property, or aggression may lead to exclusion.
4.2.4. Participation is only permitted if the customer is in adequate physical condition.
4.2.5. All equipment must be used carefully and responsibly.
4.2.6. Customers spreading false or damaging statements online may be banned. Legal steps may follow.
4.3. Hygiene Rules
4.3.1. No outside food or drinks allowed.
4.3.2. Customers must maintain cleanliness and dispose of waste properly.
4.4. Clothing Requirements
4.4.1. Suitable, clean clothing and non-slip socks are required. Reformer training requires appropriate socks.
4.4.2. Shoes must be removed upon entering the studio. Training areas may not be entered with shoes.
4.5. Safety Regulations
4.5.1. No glass bottles or glasses are permitted in training areas.
5. Opening Hours and Training Times
5.1. The current training schedule is available on the Das PREMA website and via the KENKO and myClubs platforms.
6. Prices and Payment
6.1. All prices include applicable taxes. Das PREMA may adjust prices at its discretion. Price changes do not affect previously purchased offers.
6.2. Training sessions must be paid for in advance and in full.
7. No-Show and Cancellation Policy
7.1. Applies to all customers, regardless of membership type.
7.2. Unlimited members: €10 no-show fee. Block/time card holders: session credit is forfeited.
7.3. Late arrivals cannot be accommodated. Doors close at the session start.
7.4. Missed sessions are not refunded. Exceptions may be granted at the discretion of Das PREMA.
7.5. Customers should cancel early to avoid penalties and to ensure fairness.
7.6. Gross or repeated violations may lead to immediate contract termination and exclusion.
8. Rescheduling, Cancellations, and Failures
8.1. Classes with fewer than 4 participants or trainer absences may be canceled with at least 60 minutes' notice. Das PREMA is not liable for delays in platform notifications.
8.2. Canceled sessions are credited in full. No further claims exist.
8.3. Substitute trainers may be assigned. If not possible, the session is canceled.
8.4. Customer cancellations must be made within the specified cancellation window (see platform rules). Otherwise, full fees apply.
9. Liability Limitations
9.1. Das PREMA is not liable for minor negligence, except in cases of personal injury.
9.2. Equipment use is only allowed under supervision. Misuse excludes liability.
9.3. No liability for lost/damaged belongings unless due to gross negligence or intent.
9.4. These limitations also apply to representatives and agents.
10. Amendments to the T&C
10.1. Das PREMA may amend these T&C at any time.
10.2. Customers will be informed before changes take effect.
10.3. Changes are considered accepted if not opposed within 4 weeks. Customers will be informed of this rule.
11. Final Provisions
11.1. Customers must provide accurate and up-to-date personal information.
11.2. Invalid provisions do not affect the validity of the remaining T&C.
11.3. Austrian law applies. Contract language is German.
11.4. Jurisdiction is Vienna if legally permissible.