GENERAL TERMS OF MEMBERSHIP AT URBAN SPORTS CLUB
Urban Sports
GmbH,
represented by
the Managing Directors Moritz Kreppel, Benjamin Roth, Alt-Moabit 103, 10559
Berlin, Germany, (hereinafter referred to as "Urban Sports Club" and
jointly owned by companies (from Germany and abroad) which are affiliated with
Urban Sports Club within the meaning of § 15 of the German Stock Corporation
Act, also referred to as the "Urban Sports Club Group"), mediates
contracts between sports facility operators, fitness studios, and other sports
clubs on the one hand and customers who have registered as members with
companies of the Urban Sports Club Group on the other. Furthermore, companies
of the Urban Sports Club Group also organise events themselves, in which registered
members can participate. For this purpose, Urban Sports Club provides a
platform with intuitive operation under the domain www.urbansportsclub.com, on
which partners and companies of the Urban Sports Club Group submit sports
offers. Urban Sports Club also offers members social media functions on the
platform. The membership contract is subject to the following conditions.
§ 1 DEFINITIONS
In the General
Terms and Conditions (GTCs), the following definitions, listed alphabetically,
have the following meaning:
1.
GTCs are the general terms of use that apply to
the membership contract.
2.
Partners are sports facility operators, fitness
studios, other sports clubs or other service providers who provide external
services for members on the basis of a contract with a company of the Urban
Sports Club Group.
3.
Registration entails the acceptance of an
individual offer of group services or external services. Through registration,
either a contract between the member and the partner concerning external
performances enters into force, or a contract enters into force between the
member and the respective company of the Urban Sports Club Group concerning a
performance by the Group.
4.
Operators are sports facility operators, fitness
studios, other sports clubs, or other service providers who are requested by
companies of the Urban Sports Club Group to provide services to members.
5.
Domain is the domain www.urbansportsclub.com,
which is owned by Urban Sports Club.
6.
Services on own account are services provided to
the members by companies of the Urban Sports Club Group on the basis of
contracts for said services. For example, companies of the Urban Sports Club
Group rent sports fields from operators and make these available to members to
organise team sports events (e.g. football or volleyball), other types of
events, or similar.
7.
Third-party services are services that partners
offer members through the portal, on the basis of mediation services from
companies of the Urban Sports Club Group. These include courses (e.g. yoga
courses), memberships in fitness studios, attendance at and participation in
sporting events, or other sports-related services.
8.
The Urban Sports League is a corporate football
league organised by Urban Sports Club. The services provided by Urban Sports
Club in connection with the Urban Sports League are services on own account.
9.
Services of companies of the Urban Sports Club
Group are either services on own account, mediation services or media services.
10. Media
services are social media functions that Urban Sports Club makes available to
its members on the platform.
11. Members
are those natural persons who are customers of companies of the Urban Sports
Club Group and who are registered as members of companies of the Urban Sports
Club Group on the domain.
12. Membership
contract is the framework contract which the member concludes with Urban Sports
Club and which entitles the member to make use of Urban Sports Club's services
on own account, mediation services and media services.
13. Membership
month is the month for which a member has to pay membership fees, beginning on
the first day of membership and ending on the day prior to the following
calendar month at 12 am. For example, if a membership begins on January 14, a
member's first month of membership lasts from January 14 to February 13, and
the first subsequent month from February 14 to March 13.
14. Platform
is the Internet platform with intuitive operation, which is made available to
members through the domain and on which media services, services on own
account, and external services are offered.
15. Mediation
services entail the mediation of third-party services for members through
companies of the Urban Sports Club Group.
16. A
contract on services on own account is a contract concluded between a member
and a company of the Urban Sports Club Group for services on own account, on
the basis of the membership contract
17. A
contract for third-party services is a contract concluded between a member and
a partner for the provision of third-party services on the basis of a mediation
service.
§ 2 SUBJECT OF THE AGREEMENT
1.
Urban Sports Club concludes a membership
contract (§ 4) with its members, in accordance with the terms of these GTCs.
Based on this membership contract, Urban Sports Club will provide its members
with mediation services (§ 5). In addition, Urban Sports Club will offer
services on own account on the platform, for which members can register (§ 6).
Members also have access to the media services (§ 7) offered on the platform.
In return, the member is obliged to pay a membership fee (§ 9).
2.
Urban Sports Club will always strive to provide
a regular programme of services and third-party services, which is as diverse
and broad as possible; however, members are not entitled to a minimum number or
scope of offers or a certain type, form, or quality of offer. In addition to
these GTCs, the conditions and reservations published with these offers shall
apply to said offers.
3.
Urban Sports Club provides its members with a
free smartphone app. The use of the most-current version of this app is a prerequisite
for the use of services on own account and third-party services by operators or
partners.
§ 3 SCOPE OF AND CHANGES TO THE GTCS
1.
The GTCs govern the contractual relationship
between Urban Sports Club and the members of companies of the Urban Sports Club
Group. Contracts for third-party services between members and partners are not
governed by the GTCs. Urban Sports Club solely acts as an intermediary of these
contracts for third-party services, and is therefore not involved in the
contracts for third-party services concluded between partners and members,
neither as a contractual partner nor as a representative, vicarious agent, or
in any other way. The fulfilment of all contractual obligations exclusively
takes place between members and partners, subject to § 9 para. 2. In cases
other than those mentioned in § 15 para. 1 or para. 2, Urban Sports Club is not
liable for the contracts concluded between members and partners.
2.
These GTCs apply to the use of the platform and
to the membership contract concluded for registration.
3.
Amendment to the contracts at the instigation of
Urban Sports Club are conditional on the presentation of the intended amendment
to the member in the form stipulated in § 246 lit b EGBGB [Introductory Act to
the German Civil Code], at least two months before the proposed amendment takes
effect. The parties agree that the member's consent to an amendment pursuant to
sentence 1, which does not significantly affect the equivalence relationship at
the expense of the member, shall be deemed to have been granted if the member
has not expressed their rejection vis-à-vis Urban Sports Club in text form
before the date on which said amendment takes effect. The member is entitled to
terminate the contract without notice before the proposed date on which the
amendment takes effect. When presenting the member with the offer to amend the
contract Urban Sports Club is obliged to provide information about the consequences
of remaining silent, as well as about the right to terminate the contract free
of charge and without notice.
4.
Urban Sports Club is entitled to unilaterally
change or amend the contents of the contract as well as these GTCs if doing so
is necessary for legal reasons, or if these changes or amendments solely result
in advantageous effects for the member.
5.
If members, within the context of their
membership, can make use of offers of other companies of the Urban Sports group
(e.g. in the context of a multi-country membership), they must accept any
separate conditions of these companies of the Urban Sports group in advance, if
applicable.
§ 4 CONCLUSION OF THE MEMBERSHIP CONTRACT
1.
Services can only be used after prior
registration on the platform in conjunction with the creation of a complete
user profile, including profile photo, which allows for the clear
identification of the member. A user can submit the intent to register by
clicking on the button "Pay and get started". Acceptance of the
application is effected by Urban Sports Club's written declaration of
acceptance submitted to the applicant. Said acceptance of the registration
application on the part of Urban Sports Club constitutes the conclusion of the
membership contract.
2.
No right to be registered exists. Urban Sports
Club shall retain the right of discretion to accept the offer to conclude the
membership contract. Urban Sports Club may also make acceptance of the offer
subject to other conditions (e.g. inspection of registration data, credit
check).
3.
With conclusion of a membership contract, a
member account is set up for the member. The information requested by Urban
Sports Club when applying for registration must be complete and correct. The
required data in particular include: complete first and last name, current
postal address, and a valid e-mail address. Stating a PO box is not allowed.
After acceptance of the registration, the member undertakes to ensure that
their contact and registration data are always kept up to date. Urban Sports
Club is entitled to send effective declarations to the member's e-mail address,
unless a stricter form is required by law or agreement.
4.
Membership is restricted to natural persons who
have reached the age of majority. If a company wishes to create membership
contracts for employees, a personal membership account must be set up for each
employee. Separate agreements between Urban Sports Club and the company (e.g.
company framework agreements) may contain additional or deviating provisions.
5.
The member specifies a user ID and a password,
which can be changed, when applying for registration. After successful
registration, the member undertakes to change the password at regular intervals;
however, at least once per year.
6.
The member is obliged to treat their personal
access data, including user ID and password, confidentially and not to make
them accessible to third parties. If the member suspects misuse of their
password or member account, they have to inform Urban Sports Club immediately.
7.
The personal data stored during registration are
stored by Urban Sports Club to allow the member to access their member account
at any time using their access data. The treatment of personal data is governed
by Urban Sports Club's data protection policy.
8.
The member account and the membership contract
are personal and non-transferable.
§ 5 MEDIATION SERVICES
1.
Urban Sports Club will strive to negotiate
contracts for third-party services vis-à-vis the members. To this end, Urban
Sports Club will conclude cooperation agreements with partners, on the basis of
which partners can publish offers for third-party services on the platform. If
the member accepts an offer through registration, the contract for third-party
services is concluded between the member and the partner.
2.
The contract for third-party services is
concluded in pursuance to the contractual conditions published in the partner's
respective offer. These conditions include, for example, the exact name of the
offer, reservations regarding the offer, the name of the partner, their
address, and their legal representative, the place of performance, date,
conditions for participation, binding nature of the registration, if applicable
participation costs, costs of withdrawal or non-attendance, liability
regulations, if applicable rights of withdrawal, cancellation instructions, any
special conditions (e.g. conditions of use of a sports facility operator), as
well as information on data protection. If the member accepts the partner's
offer, a contract for third-party services is concluded between the partner and
the member.
3.
Urban Sports Club is committed to providing
third-party services of the highest-possible quality and is thus naturally
grateful to receive comments and feedback from members on third-party services;
however, Urban Sports Club is not obliged to receive and/or process members'
complaints about partners or third-party services, nor to mediate in disputes
between members and partners. If any changes to the execution of contracts on
third-party services occur take place at short notice, e.g. postponements,
cancellations, overbooking/excess participation, or similar, Urban Sports Club
will forward said information to the members, subject to receiving this
information in due time. However, the responsibility for providing such
notifications remains with the partner.
§ 6 SERVICES ON OWN ACCOUNT
1.
Companies of the Urban Sports Club Group will
rent sports fields, sports halls, or other premises and offer these to members
to organise team sports games (e.g. football and volleyball), tournaments, or
other sporting activities as a service on own account. In individual cases, companies
of the Urban Sports Club Group also organise sporting activities, such as the
Urban Sports League.
2.
Contracts for services on own account are
concluded subject to the terms and conditions specified in the respective
offer.
3.
Urban Sports Club may specify conditions for the
performance of services on own accounts. These conditions might include, for
example, a reservation that a sufficient number of members register and appear
for a service (e.g. football and volleyball matches). In these cases, Urban
Sports Club will mention and define said reservation in the respective offer
(e.g. the required minimum number of participants). If not enough members have
registered by a deadline specified in the respective offer, or if an
insufficient number of members appear, the condition for the provision of the
service on own account is deemed not to have been met. In this case, Urban
Sports Club will immediately inform all registered participants of this fact
and, if necessary, immediately refund separate fees agreed upon to provide
additional services for the respective offer (§ 9 para 2). In cases other than
those mentioned in § 15 para. 1 or para. 2, Urban Sports Club is not liable for
expenses incurred by the member.
4.
Some services on own account can only be performed
for a limited number of members. Registration for these services on own account
is only possible for as long as the maximum number of participants has not been
reached. In this case, Urban Sports Club will specify in its offer the maximum
number of participants and the number of members who have already registered.
As soon as the maximum number of participants has been reached, Urban Sports
Club will inform that further registrations are not possible through the
portal. In cases other than those mentioned in § 15 para. 1 or para. 2, Urban
Sports Club shall not be liable vis-à-vis the members for ensuring that
registered members can use the service on own account.
§ 7 MEDIA SERVICES
1.
Urban Sports Club shall particularly, through
the platform, provide members with a function to perform a targeted search for
offers, events, and partners.
§ 8 PLATFORM AVAILABILITY
1.
Urban Sports Club operates the platform within
its technical capabilities. The member does not have the right to constant
error-free and uninterrupted use of the platform, nor to a certain degree of
availability. Urban Sports Club will make every effort to restore usability as
quickly as possible in the event of a system malfunction.
§ 9 TERMS OF PAYMENT
1.
The member is obliged to pay a monthly fee, the
amount of which is based on the tariff chosen. The fee is due in advance, on
the 1st day of the membership month.
2.
If members uses third-party services or services
on own account in the context of their membership, these shall not be subject
to separate fees unless said services are expressly designated as additional
services. Payment for fee-based third-party services shall be made by Urban
Sports Club. If the member has to make an advance payment of separate fees for
third-party services used within the scope of membership, Urban Sports Club
will credit the amounts to be reimbursed to the member after a successful scan
of the QR code of the respective partner on the member's customer wallet. The
amount shall be deducted from the next or next but one monthly membership fee,
given that the member is not in arrears with membership fee payment. If the respective partner is not
capable of scanning a QR code, the member will submit the corresponding
receipts to Urban Sports Club, which will allow Urban Sports Club to credit the
amount to be refunded to the customer wallet. Any credit, i.e. amount to be
refunded, still remaining on the customer wallet after expiry of the membership
will be transferred immediately after the end of the membership by Urban Sports
Club, but not before expiry of a 30-day processing period that commences with
receipt of the cancellation. Payout is made to a bank or PayPal account to be
specified by the member.
3.
The member can make payments through credit
card, direct debit, or other payment methods available on the Urban Sports Club
website, such as PayPal. If the member decides to pay by direct debit or credit
card, our external partner Adyen B.V., Adyen Client Management Foundation,
Simon Carmiggeltstraat 6–50, 1011 DJ Amsterdam, Netherlands, will collect the
payment through the means of payment specified in the order process with the
associated financial institution (bank account or credit card). The member
authorises Adyen B.V. to collect payments when due as well as to make a
one-time, non-refundable collection of EUR 0.01, which serves the purpose of
confirming the validity of the specified account on behalf of Urban Sports Club
and furthermore instructs their financial institution to accept the payments.
PayPal payments are collected by our external partner PayPal (Europe) S.à.r.l.
et Cie., S.C.A., 22-24 Boulevard Royal, L- 2449 Luxembourg, from the PayPal
account specified in the order process. The member authorises PayPal to collect
due payments on behalf of Urban Sports Club. The member can change the payment
method stored in their member account at any time.
4.
If the collection of the membership fee fails,
the member has to reimburse Urban Sports Club for the additional costs incurred
if the member is responsible for said failed collection. In case of a return
debit note (because of insufficient coverage on the bank account, expiry of the
bank account, or an unauthorised objection of the account holder), the member
authorises Urban Sports Club to resubmit the debit note for the payment
respectively due. In these cases, the member is obliged to pay a processing fee
of EUR 2.50 for each return debit note if the member is responsible for said
return debit note. The right to assert further claims is reserved. The member
is granted the opportunity to prove that the return debit note resulted in
lower costs, or did not incur any costs at all.
§ 10 MEMBER OBLIGATIONS
1.
When using third-party services, the member is
obliged to adhere to the respective conditions of the contracts for third-party
services; when using services on own account, the member is obliged to adhere
to the respective terms of use of operators.
2.
The member is obliged to identify themselves at
the check-in of a partner's or operator's location. Identification takes place
by means of the Urban Sports App and, at the request of the partner or
operator, by means of an official photo ID (e.g. identity card, driving
licence, passport).
3.
The member undertakes to immediately cancel
appointments that are booked in a binding manner which they cannot or do not
want to attend through the platform and with the partner; at the latest,
however, within the cancellation period specified when registering. Otherwise,
the third-party service or Urban Sports Club service on own account will be
invoiced by the partner or operator, regardless of the fact that the member did
not participate. In case of late or failed cancellation, the member is obliged
to pay a lump-sum compensation in the amount of EUR 15.00, which will be
invoiced to the member separately. The member reserves the right to prove that
no damage has occurred or that the damage is considerably lower than the lump sum.
Failed participation that is not attributable to own fault is excluded from the
liability to compensate for damages. The member is responsible for proving that
they failed to participate through no fault of their own (e.g. by presenting a
medical certificate).
4.
The member undertakes to only use third-party
services or services on own account which are included in the booked tariff. If
the member uses third party services or services on own account which are not
included in the booked tariff in an unauthorised manner, these will be invoiced
separately by Urban Sports Club. The member is obliged to pay a lump-sum compensation
in the amount of EUR 15.00 for each third-party service or service on own
account which has been made use of but is not covered by the tariff.
Compensation will be invoiced to the member separately. The liability for
damages in particular concerns the following cases:
-
Use of a third-party service that is not
included in the booked tariff
-
Use of a third-party service after using up the
monthly participation allowance (per partner, per month, and/or per type of
sport)
-
Use of a third-party service after termination,
during a break month, or during suspension of membership
The
member reserves the right to prove that no damage has occurred or that the
damage is considerably lower than the lump sum.
5.
The member commits themselves towards Urban
Sports Club not to, through the platform or forum, publish contributions or
send messages that violate the rules of the netiquette, these GTCs, good
morals, or applicable law. Members are bound to treat each other politely.
6.
When registering, the member must provide
truthful information and create a complete user profile with a profile photo,
which allows for the clear identification of the member by partners and
operators. This requirement is in particular deemed as met if the profile photo
meets the requirements that apply to standard photo IDs (e.g. identity card,
driving licence, health insurance ID). Registration under a pseudonym or
providing an incorrect address or e-mail address is not allowed.
7.
If evaluations or comments are made when
evaluating an offer or contributing to the forum, these may not contain any
abusive criticism, be sufficiently founded by facts, and comply with general
laws. In particular, the member will refrain from contributions, messages, and
comments that include the following contents:- contents of which the
publication constitutes a legal infraction or administrative offence, -
contents that violate patent, copyright, trademark, or competition law, -
contents that violate the Legal Services Act, - offensive, threatening, racist,
discriminatory, abusive, and defamatory; or pornographic, obscene, or vulgar
content, - mass contributions, in particular duplicate or advertising content,
- false, inaccurate, or misleading content as well as content that is capable
of disrupting, complicating, or delaying the operation and availability of the
platform, the network infrastructure, or the domain (e.g. viruses, macro
viruses, Trojan horses, worms, and the like.).
8.
Members are only allowed to reproduce personal
data if the express permission of the data subject has been granted. Every
member is requested to inform Urban Sports Club by e-mail
([email protected]) whenever a member becomes aware of a violation of
the regulations specified in the paragraph above.
9.
The member is not entitled to use in a
commercial manner, publicly offer, or sell to third parties the "Refer A
Friend" code received with registration.
§ 11 MEMBER SUPERVISION
1.
Urban Sports Club expressly does not adopt the
contents and contributions of members and partners as its own. Urban Sports
Club will, in exceptional cases, check contributions for compliance with legal
regulations and the netiquette at its own discretion.
2.
Every member is requested to inform Urban Sports
Club by e-mail ([email protected]) whenever a member becomes aware of a
violation of the regulations specified in the paragraph above.
§ 12 TRANSFER OF RIGHTS OF USE
1.
The copyright for the contributions and content
posted on the platform remains with the respective member. The member grants
Urban Sports Club the right to permanently make the contribution available on,
and publicly accessible through, their website when posting a contribution to
the forum. Urban Sports Club has the right to relocate contributions within its
website, and to link them to other content.
2.
The member does not have the right to assert
claims vis-à-vis Urban Sports Club due to the deletion or correction of
contributions made by them, except in those cases where the member can provide
proof of legitimate interest.
§ 13 JUSTIFIED SUSPICION OF A MEMBER'S
IMPROPER USE
1.
Should Urban Sports Club have a legitimate
reason to believe that a member has violated contractual obligations, they may
take the following provisional measures at their own discretion, after taking
into account the legitimate interests of the member, for as long as it takes to
clarify whether a violation exists:- Urban Sports Club may temporarily remove
or hide posted content,- Urban Sports Club may block or restrict the member's
access to the portal and temporarily, completely, or partially exclude the
member from using the portal,- Urban Sports Club may retain the provision of
services on own account and may request partners to suspend third-party
services.
2.
Should Urban Sports Club take a preliminary
measure pursuant to para. 1, Urban Sports Club shall immediately
-
seek clarification as to whether a breach of
obligations exists,
-
offer the member the opportunity to take a
stance in text form, and
-
repeal provisional measures after successful
examination if no breach of obligations has been determined.
§ 14 LEGAL CONSEQUENCES OF A MEMBER'S
BREACH OF OBLIGATION
1.
If
a member is in arrears with payment of the membership fee, Urban Sports Club is
entitled to exclude the member from the further use of the portal as well as
from the use of services for as long as the arrears exist.
2.
Urban Sports Club can terminate the membership
contract without notice if there is a good cause which renders any continuation
of the membership contract unreasonable, even under consideration of the
legitimate interests of the member. Good cause particularly exists:
-
if the member intentionally provides false
personal, contact, or payment data, or otherwise offers acts in a misleading
manner regarding their identity (e.g. by uploading a profile picture showing a
person other than the member);
-
if the member transfers the use of their member
account to a third party or provides a third party with unauthorised access to
services of partners;
-
if the member is in arrears with the payment of
membership fees for two consecutive payment deadlines, or is in arrears for a
significant proportion of the membership fee or, within a period that spans
more than two payment deadlines, is in arrears with the payment of membership
fees equal to the fees for two membership months;
-
if a member whose membership has been cancelled
by Urban Sports Club registers again using deviating personal, contact, or
payment data;
-
in the event of a significant, culpable breach
of contractual obligations on the part of the member (particularly including
repeatedly exceeding the partner visit allowance, repeated non-appearance for
bindingly booked dates without timely cancellation);
-
in the event of gross misconduct by the member
towards partners, operators, or other members.
If
the good cause consists of a breach of a contractual obligation, termination is
permitted only after the expiry of a reasonable granted time to remedy or after
the issuing of a warning, unless this is dispensable due to the particularities
of the case (§ 323 para 2 and 3 of the German Civil Code). No deadline must be
specified or warning issued if special circumstances exist which justify
immediate termination considering the mutual interests.
3.
The member releases Urban Sports Club from any
claims that other members, partners, or other third parties assert vis-à-vis
Urban Sports Club resulting from the illegal use of the platform by the member
or the breach of obligations, culpably on the part of the member, arising from
the respective contracts concluded for third-party services or services on own
account. The right to indemnification may also include the costs of legal
defence. The right to indemnification presupposes that the claims vis-à-vis
Urban Sports Club are causally based on the improper use or the contractual
breach of obligation on the part of the member and that these can be attributed
to the member. The right to indemnification does not exist if the member is not
responsible for the improper use or the contractual breach of obligations.
4.
The right of Urban Sports Club to extraordinary
termination for any other good cause shall remain unaffected.
5.
In case of temporary exclusion or extraordinary
termination, further claims of Urban Sports Club remain unaffected.
§ 15 LIMITATION OF LIABILITY
1.
Urban Sports Club is liable for damages suffered
by the member caused by the Urban Sports Club, its legal representatives, its
leading employees, or its vicarious agents and
-
which are based on intent or gross
negligence;
-
which relate to injury to life, limb, or health;
or
-
which arise from a breach of an obligation that
is essential to the achievement of the contract purpose. In this case,
liability is limited to the foreseeable damage typical for the contract.
2.
Urban Sports Club is also liable for damages to
the member resulting from a breach of a guarantee given by Urban Sports Club or
from organisational faults.
3.
In cases other than those mentioned in para. 1
and 2, the liability of Urban Sports Club – irrespective of the legal basis –
is excluded. Urban Sports Club shall in particularly not assume liability,
subject to para. 1, for portal contributions, messages, and reviews posted by
members; for the offer and performance of third-party services, as well as for
the contents posted by partners and contents on linked pages, nor for the fact
that contracts concluded between partners and members are carried out in
accordance with the terms of said contract.
§ 16 CONTRACT DURATION, TERMINATION,
BREAKS, REVOCATION
1.
The membership contract is concluded for an
indefinite period.
2.
The period of notice for ordinary termination is
as follows:
-
for the M, L, and XL tariffs, one month to the
end of a membership month;
-
for tariff S, two months to the end of a
membership month.
The
right to give notice of extraordinary termination for good cause shall not be
affected thereby. Reasons for termination can be provided through the user
profile on the platform, following the instructions provided there. A
termination notice in text form also suffices: Urban Sports GmbH, Alt-Moabit
103, 10559 Berlin, Germany, or [email protected] If the last day
of the membership month falls on a public holiday, the next working day takes
the place of such a day. Timeliness of the termination does not depend on the
date of sending but on the date of receipt of termination by Urban Sports Club.
3.
When the termination takes effect, all rights
and obligations arising from the membership contract shall lapse.
4.
Irrespective of any rights of termination, the
member has the possibility to pause the active membership free of charge for a
period of one to six full membership months per calendar year. The application
for a break in active membership must be submitted four working days before the
beginning of the next membership month, including a statement of the duration
of the break. The break ends automatically at the end of the break duration,
which the member can, at any time, either shorten by full membership months or
extend to the maximum break duration. The member can express their intent to
end the break with immediate effect, by either declaring so to Urban Sports
Club or by using services. In the event of immediate termination of the break,
the membership fee for the entire membership month must be paid immediately.
Tariff deductions limited in time are credited to the break period.
5.
If the member cancels the membership during a
break, the termination shall
-
for the M, L, and XL tariffs, only take effect
at the end of the next active membership month after the end of the break;
-
for the tariff S, only take effect at the end of
the second active membership month after the end of the break.
A
break that takes places after a submitted cancellation of the membership
extends the membership by the respective number of break months.
6.
The member has a statutory right of revocation. With
regard to the conditions and legal consequences of the revocation, reference is
made to the cancellation policy.
§ 17 THIRD-PARTY CONTRACT TRANSFER
1.
Urban Sports Club is entitled to transfer all or
part of its rights and obligations arising from this contractual relationship
to a third party. The member will be informed of the transfer in text form 4
weeks before the transfer becomes effective. In the event of a transfer, the
member is entitled to withdraw from the membership contract.
§ 18. MISCELLANEOUS
1.
These GTCs and the membership contract are
subject to German law, to the exclusion of the conflict of laws provisions.
2.
All declarations relating to the membership
contract to be concluded with Urban Sports Club must be made in text form. The
postal address of Urban Sports Club is: Urban Sports GmbH, Alt-Moabit 103,
10559 Berlin, Germany. The e-mail
address of Urban Sports Club is: [email protected] The postal
address and the e-mail address of the member are those that the member provided
as their current contact data during registration.
3.
If any provision of these GTCs is invalid, this
shall not affect the validity of the remaining provisions.
VERSION OF: 29/08/2018
CANCELLATION POLICY
RIGHT
TO REVOCATION
If you are a
consumer, you have the right to cancel this contract within fourteen days
without specifying any reasons.
The withdrawal
period is fourteen days from the date of the conclusion of the contract.
In order to
exercise your right of revocation, you must inform us (Urban Sports GmbH,
address: Alt-Moabit, 10559 Berlin, Germany, Tel. No.: +49 30 5444 50777,
e-mail: [email protected]club.com) by means of a clear declaration (e.g. a
letter, fax, or e-mail) of your decision to withdraw from this contract. You
may use the attached sample withdrawal form, but this is not required.
To uphold the
cancellation period, it is sufficient for you to send the notification of the exercising
of your right of withdrawal before the expiry of the cancellation period.
CONSEQUENCES OF WITHDRAWAL
If you choose to
withdraw from this contract, we shall refund all payments we have received from
you without delay, including shipping costs (except for additional costs
arising in the event of selecting a method of shipping different from the most
cost-efficient standard delivery offered by us), no later than fourteen days
from the date on which we have received the notice of withdrawal from this
contract. The refund shall be issued through the same payment method that you
provided for the original transaction, unless otherwise explicitly agreed with
you; under no circumstances will you be charged fees to process this refund.
If you have
already asked for services to begin during the period prior to cancellation,
you will have to pay an appropriate amount corresponding to the services
already provided up to the date on which you notified us that you were
exercising your right to withdraw from this agreement, prorated to the total
scope of services provided for in the contract.
WITHDRAWAL FORM TEMPLATE
(If you would
like to revoke the contract, please complete this form and send it back to us.)
To Urban Sports GmbH,
Address: Alt-Moabit 103,
10559 Berlin, Germany, E-mail: [email protected]:
I hereby give
notice that I / we (*) would like to withdraw from my / our (*) contract
concluded for the purchase of the following products (*)/the provision of the
following service (*)Ordered at (*)/received at (*)Name of the
consumer(s)Address of the consumer(s)Signature of the consumer(s) (only with
notification on paper)
Date
(*) Delete as
applicable