General Terms and Conditions 247Gym
Constat s.r.o., Registration Number (IČO) 284 31 855, with its registered office at U smaltovny 1334/22, Holešovice, 170 00 Praha 7, registered in the commercial register maintained by the Municipal Court in Prague under the File No. C 141034 (“247Gym”)
By ticking the box "I agree to the 247Gym General Terms and Conditions" you confirm that you have read and understood these General Terms and Conditions ("Terms") and that you agree with their wording.
General provisions
In accordance with Section 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended ("Civil Code"), these Terms regulate the mutual rights and obligations of the contracting parties arising in connection with the search for and renting premises for training and fitness ("Premises") from their lessor ("Landlord") through the 247Gym web portal.
247Gym is also regulated by the Directive for processing personal data, or other internal regulations. 247Gym is not bound by any codes of conduct.
You, as the tenant of the Premises ("Tenant"), acknowledge and agree that 247Gym may be the Landlord or may have a contractual relationship with the Landlord.
WEBSITES
247Gym operates the website 247Gym.cz and/or 247Gym.sk (or similar) focused on searching for and renting the Premises ("Website").
The Tenant can scroll and select the Premises, read the description and equipment of the Premises and browse other freely available pages through the Website freely and without obligation.
To rent the Premises and some other functionalities of the Website, the Tenant must fill in the information required by the form ("Order").
Only an adult person with legal capacity is authorized to place an Order. The Tenant undertakes that all information entered by him/her on the Website (including the request for the Premises) will always be true, accurate, non-misleading and current at the time it is displayed on the Website. The information provided by the Tenant is considered correct by 247Gym and the Landlord (if it is an entity different from 247Gym). In particular, the Tenant may not use foreign names or facts, vulgar or immoral expressions or signs promoting violence when entering data on the Website.
For the proper functioning of the Website, the Tenant must have appropriate hardware and software and access to the Internet with an additional fast connection. The requirements of the digital content and its functionality, as well as data on the interoperability of the digital content with hardware and software, are stated on the Website, if 247Gym is aware about them.
The Tenant acknowledges that 247Gym is not responsible for the truthfulness, accuracy and non-misleading content of the data provided on the Website. 247Gym also guarantees neither the maintenance and storage of data stored on the Website nor the permanency and uninterrupted continuity of the Website's operation, especially with regard to necessary maintenance and unexpected situations. Information provided on the Website remains valid for as long as it is displayed on the Website.
The content of the Website is protected by copyright and it is not possible to distribute it further or enable its use by other persons without the express consent of 247Gym.
Terms of rent
Through the Website, the Landlord and the Tenant enter into the contract for the rent (in the form of a lease or sublease) of particular Premises for a specified period at the date and time and for the price specified on the Website or in the Order ("Lease").
The Rent for the Lease ("Rent") will be deducted from the Tenant's account at the time of making a reservation under Article 4.4 below. 247Gym is entitled to hold the Rent in a separate account as a deposit for the Rent in favor of the Landlord, whereby the Rent does not bear interest. At the start of the Lease, the Rent is set off against the fee for use of the Premises.
The Rent is always paid in the currency specified in the Order. Any amount in another currency is indicative only and the exchange rate may change before payment is made.
The Tenant is entitled to use the Premises for the purpose of private exercise, the use of exercise machines and accessories and the use of social facilities in connection with the exercise. The Tenant cannot use the Premises for any other purpose and he/she can use the Premises either alone or together with other persons; the maximum number of persons using the Premises within one Lease is five.
The Tenant shall vacate the Premises at the end of the Lease at the latest and must leave them in the clean, tidy condition they were in on the moment the Lease began, taking into account normal wear and tear. The Tenant is obliged to notify 247Gym of any damage to the Premises without undue delay and to remove it at his own expense.
Smoking, consumption of alcohol or drugs, handling fire, photographing or filming inappropriate content, and any behaviour that violates moral values is prohibited in the Premises.
The Tenant may not change or modify the Premises. The Tenant is obliged to comply with all legal regulations regarding hygiene, safety, environmental protection, fire prevention and others related to his activities in the Premises.
By entering the Premises, the Tenant confirms that he/she is medically fit to exercise. The Tenant exercises at his own risk and is responsible for the health and safety of the persons to whom he has given access to the Premises; any liability of 247Gym for the health condition of the Tenant and persons invited by him/her is excluded. Furthermore, 247Gym is not liable for valuables stored in the Premises and left there after the end of the Lease.
ReServation
The Tenant agrees to the use of remote means of communication when confirming these Terms and when concluding the agreement on Lease. The costs incurred by the Tenant when using these means (for example, internet connection costs) are paid by the Tenant, and these costs do not differ from the basic rate of the relevant operator.
Before making the Order (i.e. the offer), the Tenant can check and change the data entered in the offer and the Tenant can also detect and correct errors that occurred during data entry.
The Tenant places the Order by clicking on the "Reserve" button, which must be preceded by the proper filling of the form, enabling payment of the Rent, consent with these Terms and with the Directive for processing personal data.
247Gym shall immediately itself or on behalf of the Landlord accepts the Tenant’s Order and confirm it via the Website and/or by confirmation to the e-mail address specified by the Tenant in the Order ("Tenant’s Mail"). Confirmation results in the conclusion of an agreement on Lease between the Tenant and the Landlord (as stated in the Tenant's Order). Both the Tenant and the Landlord are fully bound by the concluded contract.
The Tenant takes into account that the Order, the processing of the request and other functionalities of the Website are carried out by an automated process and expressly requests 247Gym to allow him/her to use the services according to these Terms before the expiration of the withdrawal period according to the Civil Code. In such a case, the Tenant has no right of withdrawal.
247Gym and/or the Landlord is entitled to reject the Order without giving a reason. If the Order is not confirmed, the Order expires without further ado and any paid Rent is returned to the Tenant without undue delay.
RIGHTS OF FAULT FULFILLMENT
247Gym is solely responsible for its activities leading to the conclusion of the agreement on Lease and possibly other activities to which it has undertaken.
The Tenant’s rights from fault fulfilment are governed by applicable legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
The provided services can be complained about during the provision of such services, in other cases without unnecessary delay after the discovery of a defect, but no later than within six months of taking over the object of performance. Rights from liability for defects can be claimed to 247Gym at the address info@247Gym.cz. The Tenant shall inform 247Gym which right he/she has chosen upon notification of the defect or without undue delay after notification of the defect. The made choice cannot be changed by the Tenant without the consent of 247Gym (unless the Tenant requested a repair and the defect turns out to be irreparable).
If the Tenant asserts a right from fault fulfilment, 247Gym will issue a confirmation of when the Tenant asserted the right, what the content of the claim is and what method of handling the claim the Tenant requires, as well as a confirmation of the date and method of handling the claim, as well as the justification for rejecting the claim.
247Gym will decide on the claim immediately, in complex cases within five working days. If the complaint is found to be justified, 247Gym will, within 30 days from the application of the complaint at the latest (if the Tenant is a consumer) remedy the situation, primarily free of charge. If the defect is a material violation, the Tenant may withdraw from the agreement on Lease, including these Terms.
If the Tenant has a right from fault fulfilment according to Section 1923 of the Civil Code, he/she is also entitled to compensation for costs purposefully incurred in exercising this right. However, if the Tenant does not exercise the right to reimbursement of costs within one month after the expiry of the period in which defects must be pointed out, the court will not grant the right if 247Gym objects.
247Gym is responsible neither for whether the agreement on Lease will be concluded when using the Website or with what content, nor for whether the Landlord will fulfil its obligations under such agreement.
247Gym is not obligated to compensate the Tenant for damages incurred due to erroneous or incomplete information provided or violation of the agreement on Lease by the Landlord.
Termination
The Tenant acknowledges that the Landlord provides the Lease as a leisure time activity, while the Landlord provides its performance in a precisely determined period, and for this reason the Tenant does not have, according to the provisions of Section 1837 letter j) of the Civil Code, the right to withdraw from the agreement of Lease according to Section 1829, paragraph 1 of the Civil Code.
In the event that the obligations between 247Gym and the Tenant are terminated, the rights and obligations from already sent Orders and concluded agreements of Lease remain unaffected, as well as the provisions of these Terms regarding confidentiality, final provisions and those that are not intended to be affected by the termination of obligations.
CHANGE OF THE TERMS
247Gym is entitled to amend or supplement the Terms unilaterally to a reasonable extent. The new conditions always cancel and fully replace the previous conditions, always starting from the effective date of the new (last) conditions. 247Gym undertakes to inform the Tenant of the change by Tenant’s Mail at least 10 days in advance and at the same time send him/her the updated version of the Terms. In the event that the Tenant is not interested in continuing the contractual relationship according to the updated Terms, he/she shall notify 247Gym of this fact no later than 3 days before the effective date of the Terms as amended. In such a case, the rights and obligations of 247Gym and the Tenant shall cease as of the effective date of the amended Terms.
COMMERCIAL MESSAGES
The Tenant agrees, in accordance with the provisions of Section 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws (Act on certain information society services), as amended, to the sending of commercial messages from 247Gym to the address or the Tenant's phone number or to the Tenant's Mail.
Final provisions
Information that the Tenant or 247Gym receives from the other contracting party in connection with these Terms is considered confidential and the contracting parties undertake to maintain their confidentiality. The Tenant hereby expressly agrees to provide his/her identification data and information and data uploaded to the Website to potential Landlords.
The contact e-mail address of 247Gym is info@247gym.cz. 247Gym contacts the Tenant at the Tenant's Mail, unless otherwise specified in the Terms.
247Gym is entitled to transfer the rights and obligations towards the Tenant, or part of them, to a third party without the prior written consent of the Tenant, in which case 247Gym will inform the Tenant without undue delay.
These Terms are governed by Czech law. All disputes related to the Terms will be decided exclusively by the competent courts in the Czech Republic.
The Tenant may contact a supervisory or state supervisory authority with a complaint. The Czech Trade Inspection is responsible for the out-of-court settlement of consumer complaints, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between 247Gym and the Tenant.
The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
If any provision of these Terms is invalid or ineffective, or becomes so, such provision will be replaced by another provision, the meaning of which is as close as possible to the original provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
The Terms are archived by 247Gym in electronic form and are accessible to the Tenant upon request.
These Terms are drawn up in Czech and English; in case of discrepancies, the Czech version shall prevail.
These Terms become valid and effective on January 1, 2024.
