General Terms and Conditions of the Customer Contract
General terms and conditions of Golden Club Customer Contract
1.1. The Customer Contract is concluded between fitness club Golden Club of OÜ Tondi Tennisekeskus (hereinafter the Fitness Club) and the Customer for the establishment of the conditions for the use of Fitness Club.
1.2. The relationship between the parties is based on the Customer Contract, including the General Terms and Conditions of the Customer Contract, the Price List and the principles of Best Practice of the Fitness Club.
1.3. The Customer Contract gives the Customer the right to use the services of the Fitness Club in accordance with the terms and conditions provided in the training package described in the Customer Contract.
1.4. The Customer Contract is concluded as a fixed-term or an open-ended contract for a specific package, and it shall enter into force on the date specified in the Customer Contract.
1.5. The Customer Contract of a person under 18 years of age will be signed by the parent or guardian who is his or her legal representative and who will be responsible to the Fitness Club for the execution of the obligations arising from the Customer Contract.
2. Club Card
2.1. Club Card is issued to the person who concluded a Customer Contract (hereinafter the Customer), in case of a person under 18 years of age, to the person who is the subject of the Contract.
2.2. The aim of the Club Card is to enable to consume the services of the Fitness Club within the validity period of the Club Card and the conditions associated with the package.
2.3. The Club Card is the property of the Fitness Club. The Customer shall keep the Club Card prudently and be responsible for its preservation.
2.4. A Customer may use the Club Card only for the personal use of the services. The Customer may not lend, lease, sell or otherwise transfer the Club Card to a third party. If the Club Card is used by a third party, Fitness Club is entitled to add to the Customer’s monthly fee a single entrance fee according to the price list or unilaterally terminate the Customer Contract without reimbursement of the membership fee and other advance payments.
2.5. A Customer is obliged to immediately notify the Fitness Club of the loss or a theft of the Club Card and is responsible for the transactions made with the Club Card until the notification of the Fitness Club. On issuing a new Club Card, the Fitness Club is entitled to request a replacement fee of the card.
3. The fee and the procedure for settlement
3.1. The Customer pays to the Fitness Club a fee for the services in accordance with the current Price List, the package described in the Customer Contract and the General Terms and Conditions of the Customer Contract.
3.2. The Fitness Club issues to the Customer an invoice for advance payment for the fifth (5th) day of the month, which is communicated via electronic mail, and which the Customer undertakes to pay in a timely manner.
3.3. If the Customer has not received an invoice for the advance payment the latest by the 10th (the tenth) date of the month of settlement, he or she is obliged to contact the Fitness Club for issuance of a repeat invoice. The Customer is not released from the obligation to pay the invoice on time when he or she has not received the invoice sent to him or her and has not informed the Fitness Club thereof.
3.4. The Customer shall pay the invoice submitted by the Fitness Club by the date indicated on the invoice by bank transfer, by card or cash payment at the Fitness Club. An invoice shall be deemed paid upon receipt of the payment on the Fitness Club’s bank account.
3.5. In case of delay with the payment of the invoice, the Customer shall pay the interest for delay counting the zero point one per cent (0.1%) of the outstanding amount per day. The amount received is deemed to first cover the fines for the delay and then the basic obligations.
3.6. The Fitness Club has the right to suspend the provision of the Service Package if the Customer fails to pay the invoices on time. The Fitness Club has the right to refuse to provide further services to the Client, with whom the Contract has been previously terminated due to not paying the invoices.
4. Customer’s rights
4.1. The Customer has the right to use the sports facilities of the Fitness Club according to the volume and the conditions provided in the package selected in the Customer Contract.
4.2. The Customer has the right to obtain information from the customer service department of the Fitness Club on the submitted invoices, provided Services, Pricing and potential disruptions in the provision and the use of the Services.
4.3. The Customer has the right to request the suspension of the Customer Contract for up to one (1) month a year, by submitting a relevant application on paper or by e-mail. The decision of approval of the application is made by the management of the Fitness Club. The Contract cannot be terminated at the time of the suspension of the Customer Contract. Between the suspension and termination of the Contract must be at least 30 calendar days.
4.4. The Customer has the right to take to the Fitness Club during the contract period as many guests as has been set with the selected package who will not have to pay a fee for the visit. The guest is obliged to fill in the Fitness Club guest card. The Customer is responsible for the execution of the rules established in the Fitness Club. One person can visit the Fitness Club for free up to 3 times.
5. Customer obligations
5.1. The Customer is obliged to use the services in a way that does not cause harm to the Fitness Club or to third parties and which is not in conflict with the law or the principles of Best Practices.
5.2. The Customer is obliged to inform the Fitness Clun without delay of any facts and data changes in the Customer Contract concluded with the Fitness Club, and of other factors that may affect the performance of the Customer’s obligations in front of the Fitness Club. The obligation of information applies even if the changes have been made public (e-registers, the media, etc.).
5.3. The Customer undertakes to refrain from a too difficult physical load and to monitor their state of health during physical activity. The Fitness Club will not be liable for the injuries incurred to the Customer resulting from the sports activities.
5.4. The Customer is obliged to behave politely and respectfully towards the fellow visitors in the Fitness Club and treat the fellow visitors fairly and amicably. In the event of a violation of this requirement, the employees of the Fitness Club have the right to remove the offender from the Fitness Club.
5.5. The Customer undertakes to keep the Fitness Club clean and orderly and to use prudently the property of the Fitness Club. The Customer who destroys or violates the inventory of the Fitness Club is obliged to compensate for the damage caused in its entirety according to its current market value.
5.6. The Customer undertakes to stay only on the premises targeted to the customers of the Fitness Club and adhere to the notifications and the signs of the Fitness Club.
6. Rights and obligations of the Fitness Club
6.1. The Fitness Club has the right to temporarily restrict the provision of Services to the Customer in relation to the booked special events, repair and maintenance work, or other circumstances, if it has notified the Customer thereof at least twenty-four (24) hours in advance.
6.2. The Fitness Club does not indemnify the Customer for the training class cancelled due to obstruction of the Fitness Club if that training can be carried out at any other time.
6.3. The Fitness club may restrict the provision of Services to the Customer or suspend without notice if the Customer violates the principles of Best Practice of the Fitness Club, the conditions of the Customer Contract concluded between the Customer and the Fitness Club, including delays with the payment of the invoice by more than ten (10) days or uses the Fitness Club in a way that would jeopardize its functioning and disturbs other customers.
6.4. The Fitness Club provides the Customer with an opportunity to use the Services during the opening hours of the Fitness Club in accordance with the conditions of the package described in the Customer Contract.
6.5. The Fitness Club has the right to conduct campaigns and discounts, which shall be valid only in the period provided in the conditions of the campaign and extend to persons, who correspond to the rules provided in the conditions of the campaign.
6.6. The Fitness Club undertakes not to disclose Customer related data to third parties without the Customer’s permission, except on the basis of and pursuant to the procedure established by law.
6.7. Herewith, the Customer gives consent to the Fitness Club for forwarding of the information, advertising and offers of the Fitness Club and of the companies belonging to the same group as the Fitness Club to the e-mail address provided in the Customer Contract.
6.8. Herewith, the Customer gives a consent to the Fitness Club to process their personal information (including name, personal identification number and debt data) to the extent necessary for processing of the Customer’s indebtedness by the collection agency, and/or for publication of the information in Krediidiinfo and/or in any way related to the recovery of the Customer’s outstanding obligations with the mediation of a third party.
7.1. Using the sports facilities of the Fitness Class takes place at the user’s own risk. The Fitness Club will not be liable for the injuries incurred to the Customer and his or her guests in the territory of the Fitness Club.
7.2. The Fitness Club will not be liable for the damages incurred to the property of the Customer and his or her guests in the territory of the Fitness Club. The Fitness Club will not be liable for the safekeeping of the items left in the lockers and the cars left in the parking garage.
8. Amendment and termination of the validity of the Contract
8.1. The Fitness Club has the right to make changes in the Customer Contract, the General Terms and Conditions and in the Price List, notifying the Customer thereof by way of the homepage or the electronic mail one (1) month of in advance.
8.2. In the event of disagreement with the changes, the Customer is entitled within one (1) calendar month from the moment of notification of changes to cancel the contractual relationship with the Fitness Club, notifying the Fitness Club thereof in writing and filling all the obligations arising from the previous contractual relations between the Parties. If the Customer does not use the right specified in this clause, it shall be deemed that the Customer has by default expressed his or her willingness to accept the changes and has no claims against the Fitness Club in terms of the changes.
8.3. The Customer has the right to terminate the Customer Contract by giving written notice to the Fitness Club at least one (1) month in advance. Upon premature termination of the fixed-term contract, the invoice must be paid in the amount of the days remaining until the end of the contract and the withdrawal fee in the amount of one (1) monthly fee specified in the Customer Contract.
8.4. A fixed-term Customer Contract with a validity of one (1) year automatically becomes open-ended after the expiry date of the fixed-term contract, if the Customer has not notified the Fitness Club one (1) month before the end date of the contract of its wish to terminate the contract.
8.5. Notices to the other party specified in the Customer Contract must be in a form that can be reproduced in writing.
8.6. The Fitness Club has the right to prevent the people whose status as the Customer has been terminated due to violation of the Customer Contract from entering the Club.
8.7. Termination of the Contract will not affect the collectable and settlement of the monetary claims that emerged before the termination of the Contract.