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The General Terms and Conditions are represented by the business entity GymRoom CZ s.r.o., with a registered address at V Horkách 1404/13, Nusle, 140 00 Prague 4, Identification Number: 21136947, established on January 16, 2024, for an indefinite period, for the rental of a private self-service gym at the address V Horkách 1404/13, 140 00 Prague 4 – Nusle through the reservation system on the website gymroom.cz.
1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of the business entity GymRoom CZ s.r.o., with a registered address at V Horkách 1404/13, Nusle, 140 00 Prague 4, Identification Number: 21136947, established on January 16, 2024, for an indefinite period, registered under file number C 397263 at the Municipal Court in Prague (hereinafter referred to as "we" or "the lessor") govern, in accordance with the provisions of Section 1751, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the lease agreement (hereinafter referred to as "Lease Agreement") concluded between us and another individual or entrepreneur (hereinafter referred to as "client") through the reservation system. The reservation system is operated by us on the website located at the internet address www.gymroom.cz (hereinafter referred to as "website"), through the website interface (hereinafter referred to as "web interface").
1.2. We may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity period of the previous version of the Terms and Conditions.
1.3. The provisions of the Terms and Conditions are an integral part of the Lease Agreement. The Lease Agreement and the Terms and Conditions are drafted in Czech or English. The Lease Agreement can be concluded in Czech or English.
1.4. In the event of an international element, we determine that the legal relationship between us will be governed by the legal system of the Czech Republic, especially the Civil Code. This decision on the choice of law, in accordance with Article 3 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (hereinafter "Rome I"), shall not deprive the consumer of the protection provided by the provisions of the law of the country of his habitual residence according to Article 6, paragraph 2 of Rome I.
1.5. By activating the "CONFIRM RESERVATION" button, you express your agreement with the General Terms and Conditions (GTC). You confirm that you have read the GTC, including information provided to the lessee before concluding the Lease Agreement under these GTC, and that you expressly agree with them in the valid and effective wording at the time of this confirmation.
2.1. Based on the client's registration on the website, the client can access their user interface. From their user interface, the client can make reservations (hereinafter referred to as "user account"). The client can also make reservations without registration directly from the web interface.
2.2. When registering on the website and making gym rental reservations, the client is obliged to provide correct and truthful information. The client is obliged to update the information provided in the user account in case of any changes. The information provided by the client in the user account and during the reservation is considered correct by us. The user account can be created by a client who is of legal age and capable of acting on their own behalf.
2.3. Access to the user account is secured by a username and password. The client is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4. The client is not entitled to allow third parties to use the user account.
2.5. The lessor may cancel the user account, especially if the client has not used their user account for more than 24 months, or if the client breaches their obligations under the Lease Agreement (including the Terms and Conditions).
2.6. The client acknowledges that the user account may not be available continuously, especially due to necessary maintenance of the lessor's hardware and software equipment, or necessary maintenance of third-party hardware and software.
3.1. The user account may include a credit system (hereinafter referred to as "credits"), which the client obtains when topping up money into the user account or as a refund for a cancelled reservation.
3.2. Clients may top up credits to their user account using payment methods offered on the platform. When topping up credits, the amount corresponding to the value of the topped-up credits will be credited to the client's user account.
3.3. Credits can only be used to pay for services offered on the platform. Credits cannot be transferred to other user accounts.
3.4. When a reservation is cancelled, the corresponding amount is converted into credits and credited to the client's user account.
3.5. Credits obtained from a reservation cancellation cannot be converted back into money.
3.6. Credits on the client's user account cannot be converted back into money.
3.7. After topping up credits or acquiring them due to a reservation cancellation, the credits remain available only for paying for services provided on the platform.
3.8. Credits are valid for 12 months from the date they are credited to the client's user account, unless otherwise stated.
3.9. Unused credits expire after the validity period without any right to compensation.
4.1. The contract with us can be concluded in Czech or English. The rights and obligations of the contracting parties arising from this lease relationship are governed by the Lease Agreement.
4.2. The contract is concluded remotely through the reservation system. By submitting the electronic reservation form, the client confirms that the information was clearly and understandably communicated to them by us through the website and these conditions. This information includes:
4.2.1. All contact details of the lessor
4.2.2. The description of the service to be provided
4.2.3. The rental price, the method of its calculation, the payment method, and the lessor's performance method, which is detailed further in these conditions,
4.2.4. Information on the rights arising from defective performance in connection with the provision of the service, which is detailed further in these conditions,
4.2.5. Information on the costs of remote communication means, if they differ from the basic rate, which is detailed further in these conditions,
4.2.6. The fact that the client cannot withdraw from the contract, which is detailed further in these conditions,
4.2.7. Information on the existence, method, and conditions of out-of-court dispute resolution for consumers, including information on whether the client can submit a complaint to a supervisory or state authority.
4.3. By submitting the electronic form, the client confirms their competence and authority to conclude the Lease Agreement under the agreed conditions. If the lessee is a natural person, this statement confirms their full legal capacity. In the case where the lessee is a legal entity, the natural person filling out the electronic form on behalf of the lessee confirms their authority to represent the lessee in this matter, otherwise, they undertake to bear responsibility for any damage that may arise in this way.
4.4. By confirming the reservation in the reservation system on our website, the client creates a binding reservation of the gym rental term. By this action, the client commits to paying for this service, specifically to pay the rent. The client is given the option to review and, if necessary, change or cancel their reservation before confirming the reservation.
4.5. The lessee acknowledges that the lessor offers the rental as a leisure activity. The lessor provides its services at a specific time, i.e., at the time reserved by the lessee. Due to the specific nature of the lease relationship, the lessee does not have the right to withdraw from the Lease Agreement under Section 1837(j) of the Civil Code according to Section 1829(1) of the Civil Code.
4.6. The lessor is obligated by this Lease Agreement to temporarily provide the client with access to a private gym with equipment. The purpose of the rental is to use the space for exercise, use of fitness equipment, and use of sanitary facilities directly related to the exercise. The lessee undertakes not to use the leased item for any other purpose. The exercise activity in the gym is considered a leisure activity, taking into account that the lessor provides its services at a specific time reserved by the lessee. The lessee thus undertakes to pay the lessor rent for the use of the leased item. The amount and method of payment of the rent are specified in other provisions of these conditions.
5.1. The lessor will provide the client with a space ready for exercise. If the client discovers any damage to the space or any deficiency in the preparation of the space for exercise, they undertake to contact the lessor without delay at the phone number: +420 776 374 402 or +420 774 625 789. The client acknowledges that if they do not immediately report any apparent damage to the space or deficiencies in the preparation of the space for exercise, any subsequently discovered damage may be attributed to the client's fault.
5.2. By this lease agreement, the landlord undertakes to provide temporary access to the non-residential space. This space is designated as a private gym with accessories and equipment primarily used for strength training. The lease agreement between both parties specifies the purpose, price, and duration of the lease, as detailed in these terms and conditions.
5.3. The purpose of the contractual relationship, the lease, is to use the private gym for exercise, using cardio machines, equipment, and sanitary facilities directly related to the training in the gym unless otherwise agreed in advance. The lessee undertakes to use the gym space only for the specified purpose. The exercise activity in the gym is considered a leisure activity, and the lessor provides its service after booking at a specific designated time. Furthermore, the lessee undertakes to pay the lessor rent for the use of the leased item according to the specified amount and method of payment stated in these conditions.
6.1. The rental price of the gym varies at different times and days of the week. The price is always set for 15-minute blocks with a minimum reservation of four consecutive blocks. Prices range between 50 and 70 CZK. The current price can always be found on the website under the RESERVATION category.
6.2. The lessor always concludes a contract with the client for a fixed term with a pre-determined rental duration. This duration and the exact time must be adhered to; the client is not entitled to arrive earlier or leave later. On the contrary, the duration is not affected by a late arrival or early departure. The client is obliged to vacate the gym and make it available for other clients no later than at the last agreed minute of the rental. Showering and other activities unrelated to exercise must be completed before the rental period ends.
6.3. In the event of problems that may arise at any time without the influence of the lessor and that limit the rental, the lessor is entitled to change or cancel the rental term with subsequent withdrawal from the contract at the client's discretion. In such a case, the lessor will refund the client the full rental price.
6.4. The client has the right to cancel their reservation only if the cancellation is made more than 24 hours before the start of the reservation. Subsequently, they can choose a replacement date.
6.5. Before the reservation begins, the reservation may be terminated either by mutual agreement of the lessor and the client or by the immediate termination of the lessor if the client grossly violates the contract, its terms, or other obligations, which cause damage to the leased item or if there is a threat of damage or other harm due to improper use by the lessee.
7.1. Rent payments are only possible through a payment gateway. We accept MasterCard and VISA cards, and we use the ComGate payment gateway. Online payments are handled by the ComGate payment gateway. The service provider, Comgate a.s., is a licensed payment institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured, and all information is encrypted. For more information and contact details, visit www.comgate.cz.
7.2. An invoice will be issued in electronic form after the reservation is paid and will be sent to your email address.
7.3. The reservation becomes valid upon payment of the amount.
8.1. The basic rights and obligations of the lessor are mainly:
8.1.1. To provide the client with the gym in a condition suitable for the agreed purpose of use and to maintain it in this condition throughout the lease term and to ensure that the client can exercise their rights associated with its use without interference.
8.1.2. To ensure without undue delay the maintenance, repair of damage, or other defects, including regular maintenance and minor repairs.
8.1.3. The right to request access to the gym in the presence of the client for the purpose of inspection in the case of reasonable suspicion that the client is using the gym properly and/or for carrying out repairs or maintenance or in the event of an emergency and for the purpose of providing services associated with the lease.
8.2. The basic rights and obligations of the client are:
8.2.1. The right to uninterrupted rental of the gym and proper provision of services under the contract, or any agreed additional services. The right to complain about incorrectly or poorly provided gym services and to have them resolved in accordance with these GTC.
8.2.2. The right to the protection of personal data and other data concerning individuals using the gym.
8.2.3. The obligation to return the gym after the lease ends in the same condition in which it was received. Return all items to their place and adhere to all hygiene practices, etc.
8.2.4. The obligation to complete the reservation for the gym rental fully and truthfully, as well as any forms necessary for the provision of the rental.
8.2.5. The obligation to use the gym properly during the lease period, exclusively for the agreed purpose of the lease, to maintain order, cleanliness, and compliance with safety and other regulations associated with the use of the gym.
8.2.6. The obligation to act in such a way that no damage occurs to the gym, its equipment, and facilities. The obligation to provide reasonable compensation for any damage caused during the lease by individuals using the gym, including compensation for lost profits at the valid rental price for the entire time the gym is out of service. The client is obliged to report any defects and damage that occurred during the lease to the lessor without undue delay, as well as any defects and damage to items that were discovered upon taking over the gym. Otherwise, damages will be charged to the client's account.
8.2.7. The obligation to observe and respect the rules of night quiet time between 10:00 PM - 6:00 AM.
8.2.8. The client is not allowed to make any changes, modifications, or construction alterations to the gym, its equipment, or facilities without the prior consent of the lessor, even at their own expense. In the event of a breach of this obligation, the lessor has the right to immediately remove the changes or modifications at the client's expense.
8.2.9. The lessee is obliged to check all equipment upon entering the gym and immediately report any missing or unfit equipment to info@gymroom.cz.
8.3. The contracting parties explicitly agree that the client is prohibited from subletting the gym to third parties. However, this does not apply to the situation where the client brings another person to the gym. A maximum of 3 people can be in the gym at any one time.
8.4. Smoking, using any alcoholic or other addictive substances is prohibited throughout the gym.
8.5. Pets and any animals are prohibited from entering the gym.
8.6. It is prohibited to light fires and handle them in any way, as well as to shoot or photograph with any pornographic content.
8.7. The lessor has the right to immediately terminate the contract and subsequently not enter into another contract with the client in the event of gross violations of the client's rules.
8.8. The client participates in all activities in the gym at their own risk. The client is responsible for their health condition, which allows them to use the services provided under this Lease Agreement.
8.9. The client assumes full responsibility and protection of the health of persons they allowed access to the gym. They are also responsible and take responsibility for their property brought into the gym.
8.10. If a person under 18 enters the gym, they must be accompanied by an older person who assumes full responsibility for them.
8.11. The lessor is not liable for any injury or harm that occurs to the client in the premises.
8.12. The lessor has the right, if the client does not leave on time, to demand subsequent payment for another or further time intervals according to the standard price list.
9.1. The client is not entitled to rights from defective performance if they caused the defect during the provided service.
9.2. If the lessor is responsible for defects limiting the operation of the provided service, the client has the right to exercise rights from defective performance.
9.3. The client is entitled to file complaints about defects with the lessor in writing. Rights from defective performance are handled at info@gymroom.cz. The lessor is obliged to confirm receipt of the complaint in writing without undue delay. The client must describe the defect in the complaint or specify how the defect manifests.
9.4. In the case of a defect limiting the provided service, the client has the right to an appropriate discount from the original price. In the case of a defect that prevents the provided service from being performed, the client has the right to a full refund.
9.5. The defect is claimed in time if the written form of the complaint is sent to the lessor no later than the second day after the occurrence of the defect. If this is done later, the client is not entitled to a discount, refund, or withdrawal from the contract.
10.1. These GTC, in the sense of Section 1751 and following of the Civil Code, govern the procedure for concluding, forming, and being an integral part of the Contract.
10.2. If written form is required for a legal act in these GTC, it is considered fulfilled if the legal act is performed in the form of a letter or email.
10.3. The lessor may supplement and change these GTC in full and unlimited scope in electronic form. In the event of such a change, the new version of the GTC will be posted on the lessor's website www.gymroom.cz. The change to these GTC becomes effective upon publication or delivery of its wording to the client. If the client disagrees with the published change of the GTC, the client is obliged to notify the lessor of this disagreement in writing no later than two days after the delivery of the change of the GTC.
10.4. If any individual provision of these GTC is found to be invalid, it is fully severable from the other provisions of these GTC, and such invalidity will not affect the validity and enforceability of any other provisions of these GTC.
10.5. In other matters not covered by these GTC, the client and the lessor undertake to follow the legal regulations of the Czech Republic, good morals, and to resolve any disputes preferably amicably.
10.6. These GTC take effect on January 1, 2024.