GENERAL TERMS AND CONDITIONS (GTC)
Fitpass AG, referred to as ('Fitpass'), operates a platform under the domain www.fitpass.ch, on which sports, fitness and wellness offers as well as leisure activities are listed by providers and operators who have entered into an agreement with Fitpass ('Sports Partners'). Fitpass offers its customers who have registered with Fitpass as a member ('Fitpass Member') the opportunity to use the offers of the Sports Partners listed on the website as well as in the app via the Fitpass App. Fitpass mediates corresponding individual contract conclusions between Fitpass Members and Fitpass Sports Partners
1. SCOPE AND SUBJECT MATTER OF THE CONTRACT
The subject of the contract between the Fitpass member and Fitpass is the use of the Fitpass app and other Fitpass services.
The General Terms and Conditions ('GTC') govern the business relationship between the individual Fitpass member and Fitpass and apply to the use of the platform as well as to the membership contract concluded on the basis of registration. In addition to these GTC, the Fitpass member must comply with the applicable terms and conditions and regulations of the sports partners visited by the Fitpass member.
The GTC apply to all Fitpass products and services. The GTC apply to all Fitpass members. During registration, Fitpass members are asked to agree to the GTC and to accept them as binding.
2. CONCLUSION OF THE MEMBERSHIP CONTRACT
The contract is concluded by clicking the 'Pay now' button in the registration process and issuing the personal QR code in the Fitpass app. There is no entitlement to registration and conclusion of the contract. It is at the discretion of Fitpass to link the conclusion of the contract to further requirements (e.g. credit check).
The services of Fitpass can only be used after prior registration and creation of a complete user profile with a profile photo, which allows a clear identification of the Fitpass member, on https://www.fitpass.ch or via the Fitpass app.
Upon conclusion of the membership contract, a member account is set up for the respective Fitpass member. The data requested by Fitpass must be provided completely and truthfully. The required information is in particular: full first and last name, current postal address, a valid e-mail address, date of birth, credit card number, and much more. The indication of a P.O. Box is not permitted. After the conclusion of the contract, the Fitpass member is obliged to keep his contact and registration data up to date. Fitpass is entitled to effectively deliver declarations to the Fitpass member to his e-mail address, unless a stricter form is mandatory by law or agreement.
A Fitpass member can only be a natural person. If a company wishes to establish a membership contract for employees or staff members, a separate personal membership account must be set up for each employee. Separate agreements between Fitpass and the company (e.g. company framework agreements) may contain further or different provisions.
The Fitpass member is obliged to keep the personal access data, especially the password, confidential and not to make it accessible to third parties. If the Fitpass member suspects misuse of his/her password or member account, he/she must inform Fitpass immediately.
3. SCOPE OF FITPASS SERVICES
On the platform operated by Fitpass, Fitpass provides Fitpass Members in particular with a search function for sports partners and offers. Fitpass operates the platform within its technical possibilities. Fitpass members have no claim to error-free and uninterrupted use of the platform at all times or to a certain availability.
Fitpass provides Fitpass members with the possibility to use the offers of the sports partners within the scope of services agreed upon between Fitpass and the sports partner. The agreed scope of services is also listed on the Fitpass website under the description of the respective sports partner. The agreed scope of services does not necessarily include the entire range of services offered by the respective sports partner, but may be limited, for example, with regard to opening hours or services for Fitpass members.
Fitpass endeavors to keep the description on the website up to date, but assumes no liability in the event that the scope of services according to the description does not correspond to the actual agreed scope of services. If the agreed scope of services with a sports partner is changed, this will be adjusted and displayed on the Fitpass website within a reasonable period of time. If the cooperation between a sports partner and Fitpass is terminated, Fitpass will inform about the termination at its own discretion. The sports partner in question will be removed from the list of sports partners and can no longer be found in the sports finder.
Fitpass members are not entitled to a reduction or refund of fees in the event of a change in the agreed scope of services or if one or more sports partners cease to exist. Likewise, there is no entitlement to a reduction or refund of fees if a Fitpass member has been excluded from a sports partner.
If the Fitpass member accepts an offer from a sports partner, a contract for third-party services is concluded between the Fitpass member and the sports partner. Contracts for third-party services between Fitpass members and sports partners are neither the subject of the member contract nor of these GTC. Fitpass acts only as an intermediary for these contracts for third-party services and is therefore not involved in the contracts for third-party services concluded between Fitpass members and sports partners, neither as a contractual partner nor as a representative or vicarious agent or in any other way. The fulfillment of all contractual obligations is exclusively between Fitpass members and sports partners. Fitpass is not liable from the contracts concluded between Fitpass members and sports partners. For offers where registration is required (e.g. group courses, scheduled trainings, etc.), communication takes place between the member and the sports partner. Fitpass reserves the right to deduct the fee of CHF 20.- directly from the deposited payment method in case of no-shows. Fitpass provides its service exclusively via App. An offline version, or the possibility to use the Fitpass subscription otherwise, is not possible.
4. OBLIGATIONS OF FITPASS MEMBERS
For the use of the Fitpass App and other Fitpass Services, Fitpass Members have the right to install the Fitpass App on a mobile device owned by them and for their own private use during the term of the Agreement. The Fitpass Members grant Fitpass the right to use the processor, bandwidth and storage space on the storage medium of the mobile end device to provide the Fitpass Services (namely the operation of the Fitpass App) for the term of the contract.
Fitpass members must provide all facts essential to the contractual relationship, namely civil name, address, date of birth, e-mail address, etc., completely and correctly when registering on the Fitpass website. Then, any changes to the facts essential to the contractual relationship must be made immediately by making adjustments in the member login. Fitpass is authorized to block Fitpass services (especially access to facilities of sports partners), if the Fitpass member does not fulfill the obligation to truthfully provide or update the facts essential to the contractual relationship.
Fitpass members undertake to store the personal code received carefully and securely so that third parties cannot access it. The personal code is not transferable and may not be given to third parties, either in return for payment or free of charge.
Fitpass, for its part, takes reasonable measures to detect and prevent unauthorized disclosure of the personal code to third parties. Fitpass members acknowledge that Fitpass may, in particular, analyze the check-in data of individual sports partners and incorporate control data into the personal code
Companies that enter into a cooperation with Fitpass AG are obliged to pass on the discount codes exclusively within the company. The discount codes are exclusively available for employees of the respective company. Fitpass reserves the right to check by means of random sampling whether subscribers are employees of the respective company.
5. USE OF SPORTS FACILITIES BY FITPASS MEMBERS
Fitpass members are required to identify themselves with the Fitpass app when entering a sports partner facility for check-ins. If the Fitpass App is not available, access must be made manually by the sports partner. At the request of the sports partner, the Fitpass member must identify himself/herself with an official photo ID (e.g. identity card, driver's license). Access without prior registration (check-in) is neither possible nor permissible.
The Fitpass member is responsible for the proper use of the services and facilities of the sports partner. When using the services and facilities of the sports partner, the Fitpass member is obliged to comply with the conditions and regulations of the sports partner (e.g. general terms and conditions, operating regulations, usage regulations, safety regulations, etc.). Failure to comply with the terms and regulations may result in the exclusion of the Fitpass member from the sports partner and termination of the membership contract by Fitpass without notice. Fitpass is not liable in any case for damages suffered by a Fitpass member in the course of using the services and facilities of the sports partner. Likewise, Fitpass excludes any liability for damages of any kind incurred by a sports partner through a Fitpass member.
If the scope of services agreed upon between Fitpass and the sports partner does not include the entire range of services offered by the respective sports partner (e.g. with regard to opening hours, possibilities of using wellness areas or with regard to service offers such as special courses or rental articles, etc.), Fitpass members can extend the corresponding scope of services by paying an additional fee to the respective sports partner, provided that this is provided for by the regulations of the sports partner. Such an agreement is made directly between the sports partner and the Fitpass member without any involvement of Fitpass.
Fitpass AG reserves the right to verify any abuse by means of random checks and to take appropriate measures.
6. FEES AND INVOICING, PAYMENT METHODS
The use of the Fitpass App and other Fitpass services is subject to fees. The amount of the fees are displayed on the website www.fitpass.ch, or in the Fitpass App. Fitpass reserves the right to change the fees at any time. The Fitpass members will be informed in an appropriate form (especially on the Fitpass website and Fitpass App) and the fee adjustment is considered approved without objection within 30 days.
The monthly or annual fee is due in advance on the 1st day of the usage period. The subscription can be selected on any day during the month/year. Separate provisions apply to corporate customers who have a contract with Fitpass. The provisions are governed by Fitpass' contract with the corporate customer in question.
Payment of the monthly fee is to be made by credit card or Reka online payment or. The Fitpass member authorizes Fitpass to charge the invoiced fee to the credit card indicated in the member's account. If a fee has been wrongly debited by Fitpass, this must be reported to Fitpass in writing within 60 days.
7. INTERRUPTION, TIME-STOP
Members of an annual membership have the possibility to interrupt the annual subscription (decisive is the start date) without giving a reason
- Minimum duration of the interruption: 4 weeks
- Maximum interruption: 4 months (total per year)
A fee of CHF 50 will be charged.
In case of closure of a majority of Fitpass sports facilities due to an official order (e.g. in case of a pandemic), upon written request (e-mail to firstname.lastname@example.org is sufficient), a time credit will be given for the duration of the officially ordered measures.
8. TERM AND TERMINATION OF MONTHLY SUBSCRIPTION / ANNUAL SUBSCRIPTION
The membership contract can be terminated by the Fitpass member at any time at the end of the booked contract period. By activating or deactivating the button 'autom. renewal' the subscription will be stopped accordingly. By default, the subscription is usually renewed automatically. There is no confirmation of the cancellation.
Fitpass also has the right to cancel the membership contract at any time with effect from the end of the booked contract period. Fitpass also has the right to terminate the membership contract without notice for good cause. An important reason exists in particular
-if the member provides false personal, contact or payment information or otherwise deceives about his identity (e.g. by uploading a profile picture that shows a person other than the Fitpass member).
- if the Fitpass member gives the use of his member account to a third party or gives a third party unauthorized access to services of partners.
- in case of gross misconduct of the Fitpass member towards sports partners, other Fitpass members or third parties while using Fitpass services.
In case of termination of the membership contract without notice, there is no right to reimbursement of paid fees.
9. INTELLECTUAL PROPERTY
For the term of the Agreement, Fitpass Members are granted a non-transferable, non-exclusive right to use the Fitpass App and other Fitpass Services. All intellectual property rights belong at all times to Fitpass or authorized third parties.
10. PROTECTION FROM THIRD PARTIES AND MISUSE
Fitpass Members' means of payment, devices and software are part of the Fitpass system, but are outside Fitpass' control and may become a vulnerability of the system. Fitpass therefore recommends to protect the chosen means of payment, devices and software, not to send sensitive information via unencrypted e-mails or unprotected electronic communication channels and not to share the password to the Member Login and the data entered there with third parties. Passwords must be changed regularly and designed in such a way that they cannot be easily determined.
11. APPLICABLE LAW AND PLACE OF JURISDICTION
All legal relations between Fitpass members and Fitpass are subject to Swiss law. The place of jurisdiction and performance is Basel. Fitpass has the right to sue Fitpass members at the competent court at their place of residence.
12. CHANGES TO THE GENERAL TERMS AND CONDITIONS
Fitpass has the right to change the GTC at any time. Before new provisions come into force, Fitpass members will be informed in an appropriate manner (esp. Fitpass website and Fitpass App). If a Fitpass member does not agree with the new provisions, he/she can cancel his/her membership, otherwise the new provisions will apply from the beginning of the next billing period.
Communications accepted by Fitpass will be via email, the Fitpass website, and/or postal mail. Communications from Fitpass to Fitpass Members may also be validly delivered via the Fitpass App.
14. LIMITATION AND EXCLUSION OF LIABILITY
Fitpass limits its liability to damages caused intentionally or by gross negligence by Fitpass employees.
Fitpass is not liable for defects and malfunctions for which Fitpass is not responsible, especially not for safety defects and operational failures of sports partners or other third party companies with whom Fitpass cooperates or on whom Fitpass is dependent.
Furthermore, Fitpass is not liable for force majeure, improper actions and disregard of risks on the part of the customer or third parties, excessive use, unsuitable equipment of Fitpass members or third parties, interventions by Fitpass members or disturbances by third parties (viruses, worms, etc.) that happen despite the security measures taken.
15. DATA PROTECTION
By agreeing to the GTC, the user also authorizes to be contacted for marketing purposes in an appropriate form (in particular website, app, email). The user has the right and the possibility to unsubscribe from the communication at any time
16. OUTSOURCING OF SERVICES TO THIRD PARTIES
Fitpass is entitled to outsource services or business areas (e.g. payment transactions, collection and administration of customer data, etc.) in whole or in part to other companies. The companies contracted by Fitpass are required to maintain confidentiality.
17. CONTACT AND SUPPORT
For all questions regarding Fitpass, Fitpass support is available to Fitpass members via website/app (contact form) by email or phone (voicemail).