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General terms and conditions of Hotyoga Gmbh

Status as of 13.09.2019

1st preamble

1.1 Hotyoga GmbH with the address 2351 Wiener Neudorf, Triester Straße 14 (hereinafter referred to as "Operator") operates a yoga studio and offers its customers primarily the participation in yoga classes. The entitlement of customers to participate in yoga lessons is based on the acquisition of credit, which is purchased in the form of block cards or season tickets. Participation in yoga classes can also be done via live stream or access to an online video library. Furthermore, the operator offers additional services such as mat and towel service and mat storage. Furthermore, the operator sells various branch-specific products via its own web shop.

2. scope of application, scope of contract and validity

2.1 The following General Terms and Conditions of Business in the currently valid version (hereinafter referred to as "GTC") apply to all offers, deliveries of goods and services of the Operator on the one hand and end customers (hereinafter referred to as "Customer") on the other.

2.2 Deliveries by the Operator in connection with online orders via the Webshop are also covered by these General Terms and Conditions. Special provisions concerning the Web Shop are set out in points 9 and 10 of these GTC.

2.3 These General Terms and Conditions of the Operator shall apply to all services described above that are provided by the Operator itself or by a subcontractor commissioned by it.

2.4 With the use of an offer or service of the operator, the customer accepts these GTC without reservation, so that these GTC in their currently valid version apply to all contractual relationships between the operator and the customer. The current version is available on the Operator's website. The operator is free at any time to amend or supplement these GTC - even unilaterally and without prior notice.

2.5 The application of any terms and conditions of the customer, if the customer is an entrepreneur, is excluded. For customers outside the scope of application of the KSchG, agreements deviating from the GTC must be made in writing.

2.6 Offers made by the Operator in brochures, advertisements, on the website, in the web shop or similar, also with regard to price quotations and scope, are always non-binding and in principle subject to change.

3. conclusion of contract

3.1 All services of the operator are in principle open to all interested parties, whereby no legal claim to the use of the services can be derived from this alone.

3.2 The prerequisite for participation in yoga classes is the completion of the 18th year of age, whereby membership is possible for young people who are at least 15 years old with the written consent of their legal guardian.

3.3 The term of the contract runs for a certain period of time and ends automatically when the booked offer expires, whereby the term is calculated to the day, in that the customer can freely select the start date and then the end date is calculated.

3.4 A distinction is made in the offer between:

a) Single unit: Entitles you to participate in a single yoga class once.

b) Block cards: Entitles to participate in the selected number (5 or 10 blocks) of freely selectable lessons; block cards are issued to the customer by name and may not be passed on to third parties without the consent of the operator. Block cards are valid for 12 months from the day of first use. Credits for unused units are excluded.

c) Time tickets: Entitles the holder to attend all lessons offered during the agreed period of validity. In the event of officially ordered closures, bans on entry and the like for whatever reason, the validity of the season tickets is interrupted, i.e. the validity period is automatically extended by the duration of the officially ordered interruption. The validity period of monthly season tickets is calculated from the current date to the same date of the month in which the validity period ends (e.g. 1-month ticket came into effect on 17.02. -> ends on 17.03.). The calculation of the validity period of annual season tickets is carried out from the month of the beginning to the end of the same month of the following year (e.g. annual season ticket came into force on 17.02.2020 -> ends on 28.02.2021).

(d) The season tickets offered:

3.5 By booking an offer and paying the tariff, the client is entitled to enter the Yoga Studio during the opening hours according to the operator's notice and to use the facilities and other services of the operator according to the terms of use as per point 6. Only the person named in the contract as the contractual partner is entitled to use the facilities.

3.6 Membership is personal and therefore cannot be transferred to third parties without the prior written consent of the operator.

3.7 Upon entering the Yoga Studio, the client submits to the house rules in their current version.

4. tariffs / membership fee

4.1 Upon conclusion of the contract, the customer undertakes to pay the applicable tariff or membership fee. The amount of the respective tariff or membership fee depends on the respective scope of services according to the price list. Payment is made either by means of cashless payment transactions or by cash payment. Unless otherwise agreed, all payments shall be made immediately, in the case of open units or individual units at the latest, however, before the start of the unit.

4.2 In the event that the customer acquires a contract with the operator by means of distance selling via the operator's website (www.houseofyoga.at), the General Terms and Conditions of Eversport GmbH, FN 404544 v, shall also apply. In case of a contradiction between the general terms and conditions of the operator and the general terms and conditions of Eversport GmbH, the general terms and conditions of the operator take precedence.

4.3 Unless otherwise agreed in individual contracts, recurrently payable tariffs or membership fees, unless they are to be paid in full at once, are due on the first of each month. In the case of memberships calculated on the basis of months up to one year, the term is calculated to the day.

4.4 If the customer does not use the services of the operator, the customer is not entitled to a reduction or reclaim of the tariff or membership fees, unless the operator is responsible for the reasons (e.g. closure or interruption of operations). Paid but unused or only partially used units expire without replacement after the expiry date, unless the operator is not responsible for the omission or it is due to force majeure (e.g. official closure).

5. termination of membership

5.1 The membership ends with the expiry of time. Notwithstanding this, both parties to the contract have the right to terminate the contract for good cause. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

5.2 Furthermore, the Operator is entitled to terminate the contractual relationship with immediate effect if the Customer is in default of payment of the membership fee despite a reminder, or if the Customer persistently or repeatedly violates the Terms of Use despite a reminder. Default occurs if the membership fee is not paid within the period set in the reminder. The costs incurred in this connection, such as court reminder fees or processing fees and the like, are to be borne by the customer.

5.3 Any notice of termination must be in writing; notices of termination by e-mail are invalid. The Customer's notice of termination must be sent to the above-mentioned address of the Operator.

6. terms of use

6.1 The operator opens the yoga studio at least 20 minutes before the session. Units will start on time. In case of late arrival, the client may be denied access. The Yoga Studio reserves the right to make changes to the timetable and program, and any claims for damages or compensation by the client arising from program changes - even at short notice - are excluded.

6.2 To ensure the smooth running of the yoga operation, the customer undertakes

a) to enter the premises of the Yoga Studio in clean and suitable clothing and without shoes

(b) follow the instructions of the staff.

c) to store the items brought along in the lockers provided and to leave them clean and unobstructed after the end of the use.

6.3 In particular, the following are prohibited

a) the use of equipment and other facilities of the Yoga Studio in case of impaired health or under the influence of alcohol, drugs and/or medication.  

b) to smoke or consume alcoholic beverages in the Yoga Studio.

c) the consumption of food within the Yoga Studio premises.

d) the bringing of accompanying persons or animals to the Yoga Studio.

e) photographing or filming inside the Yoga Studio, especially in the changing rooms or showers

6.4 The customer bindingly declares with the use of the services that he is physically healthy and stable as well as able to meet the relevant physical and mental requirements of the yoga classes. Any restrictions must be communicated to the operator's staff before the start of a course unit. In case of doubt, a doctor should be consulted.

6.5 The courses and services offered are not to be understood as therapy or healing programmes.

6.6 If the customer does not have his own yoga mat, the operator provides rental mats free of charge, except for Hotyoga units, where the rental of mats is subject to a charge (according to the price list). The customer acknowledges that the rented mats are cleaned at regular intervals, but not before each use. The use of the mats is therefore at the customer's own risk.

6.7 Clients who have a lasting effect on the course of yoga classes may be refused participation. In this case no refund will be made. Any damage incurred must be compensated by the customer concerned.

7. liability

7.1 The Operator's liability is limited to damage that can be proven to have been caused by the Operator intentionally or at least through gross negligence. It should be noted that any liability of the Operator is limited to the maximum amount covered by any liability insurance taken out by the Operator. Liability for slight negligence is excluded. Further claims against Operator, its employees or its vicarious agents, in particular claims for damages due to delay, impossibility of performance as well as claims for compensation for indirect damages, lost profit and savings that did not occur are excluded in any case, unless they are based on intent or gross negligence.

7.2 In particular, the operator assumes no liability for:

a) Damage as a result of improperly performed exercises. The use of the operator's services is at the operator's own risk and peril. The operator is therefore not liable for injuries/accidents or resulting physical damage or health impairments that a customer suffers, e.g. due to insufficient physical condition.

b) Liability for the loss, theft or robbery of valuables, money, clothing or other personal items brought along by the customer is excluded.

c) the availability of lockable lockers for (valuable) items brought along.

8. online video store

8.1 On its homepage www.houseofyoga.at, Operator offers yoga instruction units, some of which are free of charge and some of which are available as a livestream or in an online video library.

8.2 The content offered in the Online Video Library is intended solely for personal and non-commercial use and may not be shared with persons who do not live in the same household. The customer agrees not to use the service for public screenings.

8.3 The customer agrees not to archive, reproduce, distribute, modify, publicly perform, publish, license, create derivative works from or offer for sale any content and information available in the Online Video Library.

8.4 The display quality of the content of the Online Video Library may vary and depends on various factors, such as the location of the customer, the available bandwidth and/or the speed of the Internet connection. The customer is responsible for all fees associated with Internet access.

8.5 The operator does not assume any liability for the technical suitability of the customer's receiving equipment.

8.6 In the event that the customer takes out a paid subscription, the customer enters into an agreement with Vimeo Inc. 555 West 18th Street, New York, New York 10011, and the General Terms and Conditions of Vimeo Inc. apply. In the event of a conflict between the Operator's terms and conditions and the general terms and conditions of Vimeo Inc. Since Vimeo Inc. is an external provider, the redemption of vouchers from the Operator and the repayment of credit is excluded.

9. special conditions webshop

9.1 By placing an order, the customer agrees to the general terms and conditions of the operator and is bound by them.

9.2 The contract shall only come into effect with the express written acceptance of the customer's order by the operator or through the actual execution of the service ordered by the customer. Mere confirmation by Operator regarding the receipt of an order does not constitute acceptance and serves solely to inform the Customer.

9.3 The operator is expressly free to accept or reject orders within 14 days of receipt. If the operator rejects an order, it shall inform the customer in writing (by e-mail). The Operator is not obliged to give reasons.

9.4 Acceptance of the order is effected by sending an order confirmation within 14 days of the order by e-mail or directly by sending the ordered goods.

9.5 In principle, the price for the ordered goods is deemed to be agreed as stated in the web shop at the time of the customer's order transaction and in the confirmation e-mail. If these differ from each other and there is no obvious error in the confirmation e-mail, the price stated therein shall apply.

9.6 The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the button "Send order" at the end of the ordering process, the customer places a binding order for the goods contained in the shopping cart.

9.7 If the prices in the web shop or in the confirmation email have been changed by a third party without the knowledge or permission of the operator, the prices as listed before this change apply. In this case, the Operator undertakes to inform the affected customers immediately after becoming aware of the change.

9.8 The prices, as stated in the webshop, are inclusive of the legally valid sales tax, but exclusive of shipping costs, customs duties, etc. However, the shipping costs, if known, will be stated on the order form and in the confirmation email and are therefore deemed to be approved by the customer.

10. legal right of withdrawal for goods ordered in the web shop

10.1 The customer has the right to revoke within fourteen days without giving reasons the one in the web shop or otherwise by means of distance selling (telephone, fax, e-mail) concluded contract. The revocation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods or, in the case of partial deliveries, the last delivery. In order to exercise the right of revocation, Customer shall inform the Operator by means of a clear statement (e.g. a letter, fax or e-mail sent by post) to the following address or orally (e.g. by telephone) of his decision to revoke this Agreement: Hotyoga GmbH, Triester Straße 14, 2351 Wiener Neudorf, E-mail: office@hotyoga.at

10.2 If the customer makes use of this option, the operator will send the customer (e.g. by email) a confirmation of receipt of the revocation. In order to comply with the revocation period, it is sufficient to send it before the end of the revocation period.

10.3 In the event of a revocation of the contract, payments received from the customer, including delivery costs, will be refunded within fourteen days from the day on which the notification of the revocation of the contract was received. Under no circumstances will the customer be charged for the reimbursement. However, Operator may refuse to make a refund until the goods have been returned by Operator without prejudice or until Customer has provided proof that he/she has returned the goods, whichever is the earlier.  

10.4 The Customer must return or hand over the goods to the Operator without delay and in any case within fourteen days at the latest from the day on which the Customer has informed the Operator of the cancellation of this contract. The deadline is deemed to have been met if the customer sends the goods before the end of the fourteen-day period. The customer shall bear the costs of the return shipment. The customer shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.  

10.5 Sample withdrawal form
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/
- ordered on (*)/received on (*)
- name of consumer(s)
- address of consumer(s)
- date
(*) Delete as applicable   

10.6 The right of revocation expires prematurely in the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.  

10.7 Furthermore, the customer is not entitled to the right of revocation for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.  

11. data protection

11.1 The customer acknowledges that the data provided on conclusion of the contract will be stored and processed (electronically) with the aid of automation for accounting and customer records purposes. The data will be used to comply with legal regulations, to process payment transactions and for advertising purposes of the Operator. The data will be treated in accordance with the currently valid data protection regulations and will be used within the framework of member administration and accessed by any service providers in connection with customer and member administration. These service providers are only granted access to personal information that is required to fulfil their respective tasks. Furthermore, any service providers are obliged to treat the information obtained exclusively in accordance with the agreed data protection declaration and the applicable data protection laws. Apart from this, data will not be passed on to third parties.

11.2 Each customer gives his consent to the collection, storage and processing of his personal data in the above sense. Customers can request information, correction and deletion of their data at any time. This request must be made in writing to the operator. .

11.3 The operator must be informed immediately of any changes to the name and other data of the customer. Any additional costs or disadvantages arising from culpable failure to notify the Operator shall be borne by the Customer.

11.4 The operator is entitled to pass on customer data, in particular the address, to authorities to the extent necessary, should the authorities prove that criminal proceedings have been initiated.

11.5 All messages, graphics and the design of the operator's website serve exclusively for the personal information of the customer. The use is at the customer's own risk. The operator claims protection for its website in accordance with copyright law.

11.6 The Operator shall take all technically and economically reasonable measures to protect stored customer data against any unauthorised access. Insofar as the Operator does not intentionally or grossly negligently disregard the care incumbent upon it, the assertion of claims for damages is excluded.

11.7 The operator is entitled to take photographs and video recordings during the holding of units. The customer waives the assertion of claims based on copyright law or other legal principles that could arise from these recordings. The photo and video recordings are used exclusively for the operator's own advertising purposes and are not passed on to third parties.

12. final provisions

12.1 There are no verbal collateral agreements to these GTC. Amendments, supplements and subsidiary agreements must be made in writing to be legally effective. This shall also apply to the waiver, amendment or cancellation of the written form requirement.

12.2 Should any provision of the contract be invalid, the validity of the remaining contract shall not be affected. The invalid provision shall be replaced by a provision which most closely corresponds to the economic purpose of the contract.

12.3 Austrian law shall apply exclusively. Place of jurisdiction is the competent court in Vienna.