TERMS AND CONDITIONS (T&C)

1. Scope of Application

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1.1. These 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. These T&C shall apply exclusively. Conflicting or deviating terms shall only be recognized if expressly agreed to in writing by Das PREMA.

2. Conclusion of Contract

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2.1. The services and products of Das PREMA are available via the booking platforms myClubs GmbH (“myClubs”) and the booking and management platform bsport (BSPORT SAS, 30/32 Boulevard de Sébastopol, 75004 Paris, France), as well as via the Das PREMA website at https://www.prema-wien.at.

Booking and purchase are carried out exclusively electronically.

For booking and payment processing via bsport or myClubs, the respective terms and conditions of BSPORT SAS or myClubs GmbH shall additionally apply.

Das PREMA is not the provider of the platform services of bsport or myClubs but uses these exclusively as technical intermediaries and processing services.

Confirmation of receipt of the order, together with acceptance of the booking, shall be sent via automated email to the email address provided by the customer. The contract is concluded only upon receipt of this confirmation.

2.2. Consumers have a 14-day right of withdrawal for distance contracts without stating any reason. The period begins upon conclusion of the contract.

2.3. To exercise the right of withdrawal, the customer must inform Das PREMA by means of a written, signed declaration (by registered letter) within the specified period.

2.4. If the withdrawal is made in due time before the start of service provision, Das PREMA shall refund all payments within 14 days from receipt of the withdrawal notice. The refund shall be made using the same payment method.

2.5. If the service has been started at the customer’s express request before the withdrawal period has expired (§10 FAGG), a proportional amount shall be payable in accordance with §16 FAGG.

2.6. There is no right of withdrawal pursuant to §18 Z10 FAGG for services tied to a specific date or period.

2.7. Das PREMA reserves the right to reject orders without stating reasons. Payments already made shall be refunded.

3. Description and Scope of Services

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3.1. Das PREMA operates boutique fitness studios at multiple locations.

3.2. The type and scope of services are defined by the respective agreement.

3.3. The services offered are described on the website and via the platforms bsport and myClubs. Das PREMA may modify its offerings at any time.

3.3.1. Training packages must be used within 6 months; otherwise, they expire.

3.3.2. The “Trial” offer is available once per new customer and is valid for 6 months.

3.4. By booking, the customer undertakes to pay before the start of the session.

3.5. Free cancellations are only possible within the specified deadlines.

3.6. Bookings are personal and non-transferable. Vouchers are transferable.

3.7. No specific training result is guaranteed.

3.8. Trainers may be changed at short notice.

4. Use of Studios and Participation at Own Risk

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4.1. Access and Participation

4.1.1. Access is permitted only for booked customers
4.1.2. Booking confirmation must be presented upon request
4.1.3. Bookings are non-transferable
4.1.4. Animals and accompanying persons are not permitted

4.2. Health and Personal Responsibility

Participation in all training sessions and applications is at the customer’s own risk.

The customer expressly confirms that they are in sufficient physical and health condition and have no known health restrictions that would prevent participation.

In case of doubt, medical advice must be sought prior to participation.

4.3. Risk Disclosure

The customer acknowledges that the services offered – in particular Pilates (mat and reformer), strength and endurance training, stretching, as well as recovery, red light or cold exposure applications – involve risks.

These include in particular:

• muscle and tendon injuries

• joint strain

• circulatory reactions

• falls or improper strain

• injuries caused by training equipment

• reactions to cold exposure

4.4. Assumption of Risk

The customer expressly declares that they are aware of these risks and participate voluntarily and at their own responsibility.

4.5. Use of Equipment

All training equipment is used at the customer’s own risk and strictly in accordance with instructions.

The customer undertakes to:

• follow staff instructions

• use equipment properly

• train only within their physical capabilities

4.6. Conduct

4.6.1. No access under the influence of alcohol or drugs
4.6.2. Disruptive or dangerous behavior is prohibited
4.6.3. Misconduct may lead to exclusion
4.6.4. Equipment must be used carefully
4.6.5. Reputationally damaging behavior may lead to exclusion

4.7. Hygiene

4.7.1. No external food or beverages in training areas
4.7.2. Customers must maintain cleanliness and dispose of waste properly
4.7.3. Street shoes are not permitted in training areas or changing rooms
4.7.4. Equipment may only be used with clean and appropriate footwear or barefoot / with socks. Shoes must not have been worn outdoors
4.7.5. Towels must be used where necessary
4.7.6. Equipment must be left in a clean condition after use

4.8. Clothing

4.8.1. Appropriate, clean clothing is mandatory
4.8.2. Shoes must be removed before entering training areas

4.9. Safety

4.9.1. Glass containers are not permitted in training areas
4.9.2. Equipment may only be used for its intended purpose
4.9.3. Staff instructions must be followed
4.9.4. Improper use of equipment is prohibited and may result in exclusion
4.9.5. Training areas must be kept free of obstacles
4.9.6. Emergency exits and escape routes must not be blocked
4.9.7. Training must be stopped immediately in case of health issues
4.9.8. Training must be carried out within personal limits
4.9.9. Das PREMA may exclude individuals from training for safety reasons

4.10. Theft, Damage to Property and Video Surveillance

4.10.1. Das PREMA operates video surveillance in selected areas of the studios to protect persons and property

4.10.2. Video surveillance is carried out in compliance with applicable data protection laws and is used exclusively for security purposes

4.10.3. Video surveillance is indicated at entrances and in monitored areas

4.10.4. Theft, attempted theft and any form of damage to property will be reported to authorities without exception

4.10.5. Video recordings may be used as evidence and provided to authorities

4.10.6. Responsible persons shall be liable for all damages and consequential costs

4.10.7. An immediate ban from the premises may be imposed

4.10.8. Civil claims remain reserved

5. Opening Hours and Training Schedule

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5.1. The training schedule is available on the website and via bsport and myClubs.

6. Prices and Payment

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6.1. All prices include statutory taxes.

6.2. Payments must be made in full in advance.

7. No-Show and Cancellation

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7.1. This regulation applies to all customers.

7.2. In case of non-attendance, a fee of €10 will be charged or the session will be forfeited.

7.3. Late arrival does not entitle participation.

7.4. Non-attendance does not entitle to a refund.

7.5. Customers are encouraged to cancel appointments in good time.

7.6. Violations may result in exclusion.

8. Rebookings and Cancellations by Das PREMA

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8.1. Das PREMA may cancel sessions due to insufficient participants or other reasons.

8.2. In such cases, a credit will be issued.

8.3. Substitute trainers may be provided.

8.4. Cancellation deadlines are governed by platform rules.

9. Liability

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9.1. Das PREMA shall not be liable for slight negligence, to the extent permitted by law.

9.2. Liability for personal injury exists only to the extent required by mandatory law.

9.3. Das PREMA shall not be liable for damages resulting from failure to follow instructions, improper use of equipment or overestimation of one’s own capabilities.

9.4. Use of facilities and equipment is at the customer’s own risk.

9.5. No liability is assumed for loss or damage of personal belongings, except in cases of intent or gross negligence.

9.6. Das PREMA is not liable for services, payment processing or data handling carried out via bsport or myClubs.

9.7. These liability provisions also apply in favor of employees, trainers and other agents.

10. Amendments to the T&C

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10.1. Das PREMA may amend these T&C at any time.

10.2. Customers will be informed prior to such amendments taking effect.

10.3. Amendments are deemed accepted unless objected to within 4 weeks.

11. Final Provisions

11.1. Customers are obliged to provide accurate and up-to-date information.

11.2. Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.

11.3. Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

11.4. Place of jurisdiction is Vienna, insofar as legally permissible.