General Terms and Conditions

General Terms and Conditions for Nusle, Studio and Vinohrady

Valid from December 16, 2024

General Terms and Conditions represented by the business entity GymRoom CZ s.r.o., registered office at Kurzova 2222/16, Stodůlky, 155 00 Prague 5, Identification Number: 21136947, established on January 16, 2024 for an indefinite period, for the lease of a private self-service gym via the reservation system on the website gymroom.cz.

1. Introductory Provisions

1.1. These Terms and Conditions (hereinafter "Terms") of the business entity GymRoom CZ s.r.o., registered office at Kurzova 2222/16, Stodůlky, 155 00 Prague 5, ID: 21136947, established on January 16, 2024 for an indefinite period, file reference C 397263 kept at the Municipal Court in Prague (hereinafter "we" or "lessor") govern, in accordance with § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter "Civil Code"), the mutual rights and obligations of the parties arising in connection with or based on a lease agreement (hereinafter "Lease Agreement") concluded between us and another natural person or entrepreneur (hereinafter "client") via the reservation system. The reservation system is operated by us on the website located at www.gymroom.cz (hereinafter "website"), through the website interface (hereinafter "web interface").

1.2. We may change or supplement the wording of the Terms. This provision does not affect rights and obligations arising during the effectiveness of the previous wording of the Terms.

1.3. The provisions of the Terms are an integral part of the Lease Agreement. The Lease Agreement and Terms are prepared in Czech or English. The Lease Agreement can be concluded in Czech or English.

1.4. In the event of an international element, we stipulate that the legal relationship between us shall be governed by the laws of the Czech Republic, specifically the Civil Code. This 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 afforded to them by provisions of the law of the country of their habitual residence under Article 6(2) of Rome I.

1.5. By activating the "CONFIRM RESERVATION" button, you express your consent to the General Terms and Conditions (GTC). You confirm that you have read the GTC, including information intended for 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. User Account

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 reservation of dates (hereinafter "user account"). At the same time, the client can make reservations without registration directly from the web interface.

2.2. When registering on the website and booking gym rental dates, the client is obliged to state all data correctly and truthfully. The client is obliged to update the data stated in the user account upon any change. The data stated by the client in the user account and during booking are considered correct by us. A user account can be established by a client who is of legal age and has legal capacity.

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 the use of the user account by third parties.

2.5. The lessor may cancel the user account, especially if the client does not use their user account for more than 24 months, or if the client violates their obligations under the lease agreement (including business conditions).

2.6. The client acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the lessor, or necessary maintenance of hardware and software equipment of third parties.

3. Credit System

3.1. Part of the user account may also be a credit system (hereinafter "credits"), which the client obtains when topping up money into the user account or as a refund for cancellation of a reservation.

3.2. The client can top up credits to their user account via payment methods offered on the platform. When topping up credits, an amount corresponding to the value of the topped-up credits is 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. Upon cancellation of a reservation, the corresponding amount is converted into credits and credited to the client's user account.

3.5. Credits obtained from 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 obtaining them due to reservation cancellation, credits remain available only for payment of services provided on the platform.

3.8. Credits are valid for 12 months from the date of crediting to the client's user account, unless stated otherwise.

3.9. Unused credits expire after the validity period without entitlement to compensation.

3.10. The administration of the credit system, its technical provision and processing of related data is carried out by a third party, namely the entity Alexander Diószeghy, registered office at Korunní 2569/108, 10100 Prague 10 – Vinohrady, identification number: 17599466.

10. Final Provisions

10.1. These GTC within the meaning of § 1751 et seq. of the Civil Code regulate the procedure for concluding, form the content and are an integral part of the Contract.

10.2. If a written form of legal action is required in these GTC, this form is considered observed if the legal action is made by letter or e-mail.

10.3. The lessor may supplement and change these GTC in full and unlimited scope in electronic form. In the event that such a change occurs, the new version of the GTC will be placed on the lessor's website www.gymroom.cz. The change of these GTC becomes effective at the moment of publication or delivery of its wording to the client. In case of disagreement of the client with the published change of GTC, the client is obliged to communicate this disagreement to the lessor in writing no later than two days after delivery of the change of GTC.

10.4. If any individual provision of these GTC is found to be invalid, it is fully separable from other provisions of these GTC and such invalidity will have no effect on the validity and enforceability of any other provisions of these GTC.

10.5. In other matters not regulated by these GTC, the client and the lessor undertake to be governed by the legal regulations of the Czech Republic, good morals and to resolve any disputes primarily amicably.

10.6. These GTC become effective on December 16, 2024.

Operator

GymRoom CZ s.r.o.

Registered address: Kurzova 2222/16, Stodůlky (Prague 13), 155 00 Prague

ID: 21136947

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