GYMS4YOU d.o.o.
Radnička cesta 39
10000 Zagreb
phone: +385 1 234 9939
e-mail: info@gyms4you.com
Article 1. Services
These General Terms and Conditions GYMS4YOU d.o.o. (hereinafter: General Conditions) regulate the relationship between GYMS4YOU as service providers and people who use services GYMS4YOU (hereinafter: User).
GYMS4YOU provides a sports recreation service in modern equipped fitness centers in the Republic of Croatia, which service is provided non-stop, 7 days a week, 24 hours a day.
By concluding the Agreement, the User acquires the right to use services in all GYMS4YOU fitness centers.
For technical or other reasons, the use of services in fitness centers may be temporarily unavailable or limited, for example during renovations and the like.
Article 2. Users
The contracting party can be a natural or legal person.
The User is a natural person who concluded the Agreement with GYMS4YOU and a natural person as an employee of a legal entity that concluded the Agreement with GYMS4YOU.
The User undertakes to present his identification documents and his e-mail address to the authorized person of GYMS4YOU at the time of concluding the Agreement.
In the event that a natural or legal person refuses to present identification documents and a valid e-mail address, GYMS4YOU may refuse to conclude the Agreement.
Article 3. Minors
The User can be a minor over the age of 16.
When the User is a person under the age of 18, the Agreement can only be signed in physical form in all GYMS4YOU fintess centers.
The contract is signed by the legal representative of the minor and the minor.
Article 4. Responsibility of the User
By signing the Agreement, the Users confirm under material and criminal responsibility the truthfulness of all information specified in the Agreement.
GYMS4YOU is not responsible for the costs that may be incurred by Users as a result of providing untrue personal data and information when concluding the Agreement.
Article 5. Membership card
Upon registration, the User receives a membership card.
The loss or damage of the membership card must be reported and the issuance of a new card must be paid in accordance with the price list published on the Internet and in GYMS4YOU fitness centers.
A User who does not have a membership card when re-enrolling, pays for the issuance of a new membership card in accordance with the price list published on the Internet and in GYMS4YOU fitness centers.
In case of transfer of the Agreement to a new User, the new User can purchase a new membership card in accordance with the price list published on the Internet pages and in GYMS4YOU fitness centers, or the old User can hand over his membership card.
Article 6. Change of data
User is obliged to inform GYMS4YOU in writing of any change of identification data or e-mail address immediately, and no later than 7 (seven) days from the date of such changes.
If the User does not fulfil his obligation from the previous paragraph it will be considered that the
delivery is properly made if it has been sent to the last address of the identification document or e-mail address of the User.
The above applies to invoices and reminders for payment if GYMS4YOU will send them.
Article 7. Price
The prices of services and fees of GYMS4YOU are determined by the price list valid at the time of the conclusion of the Agreement.
All prices are retail prices expressed in the official currency of the Republic of Croatia.
The valid prices at the time of conclusion of the Agreement are published at the reception of the fitness centers and on the GYMS4YOU website.
GYMS4YOU is authorized to change prices and undertakes to publish it and make it available in a common and approachable way.
In case of changes to the Price List, GYMS4YOU is obliged to inform the Users, in writing or electronically, about the proposed changes and the right to terminate the contractual relationship in accordance with these General Terms and Conditions.
GYMS4YOU can apply changes to existing Users no earlier than 30 days from the date of their publication, except for changes that are in favor of Users, which are applied without delay.
Article 8. Method of payment
The User can pay fee to GYMS4YOU with cash deposit at the reception desk, credit transfer and credit and debit cards VISA and MASTERCARD.
The GYMS4YOU system uses the Secure Socket Layer (SSL) protocol with 128-bit data encryption and the MD5 algorithm to protect all data entered when purchasing with credit and debit cards VISA and MASTERCARD.
Article 9. Types of membership
GYMS4YOU offers Users 4 types of membership.
RCP LOYALTY MEMBERSHIP – SPECIAL PRICE | RCP 6 MONTHS - SPECIAL PRICE | 6 MONTHS – SPECIAL PRICE | REGULAR ONE-TIME |
12 months | 6 months | 6 months | 1 month/ 1 year |
Card payments | Card payments | Wire transfer, payment at reception | Card payment, payment at reception |
The prices of GYMS4YOU services and fees are determined by the price list published at the fitness center reception and on the GYMS4YOU website.
When the User concludes a Contract for 12 months, payment can only be made by credit card.
The cancellation conditions do not apply to one-time annual memberships that have been paid in advance. However, in accordance with the policy of flexibility and convenience for users, the one-time annual membership may, at the request of the member, be temporarily frozen or, with approval, transferred to another person.
Article 10. Individual groups of privileged Users
GYMS4YOU can grant additional benefits for certain groups of Users such as students, pensioners and others upon presentation of appropriate documentation proving their status, on the basis of which they are entitled to an additional discount.
The User who is entitled to the discount from the previous paragraph and who concluded a distance contract (GYMS4YOU website or other appropriate application, etc.) is obliged to submit proof of the status on the basis of which the distance contract was concluded within 5 working days, via e-mail or in person at the GMYS4YOU facility. In the event that he does not do so within the given period, it will be considered that the User concluded the Agreement at the regular price.
The user who obtains a discount based on student status is obliged to prove, at the invitation of GYMS4YOU, that he still has student status for the duration of this Agreement.
GYMS4YOU is authorized on November 15 of each year of the Agreement to verify the student status of those users who receive a discount based on the same.
Users will be warned about the same on November 1 of each year, via electronic mail, with a note that they must prove their student status by November 15 of the same year at the latest, or else they will be charged the membership fee at the regular price in accordance with the applicable GYMS4YOU price list.
Users can submit the appropriate documentation needed to prove their student status via e-mail or in person at the GYMS4YOU office.
In the event that the User does not submit valid documentation by November 15 of the current year, on the basis of which it can be unequivocally established that he still has the status of a student, or it is determined in another way that he no longer has the status of a student, and the User does not want to continue the contractual relationship on a regular basis prices, the User is authorized to terminate the contract early in the manner described in Article 18 of the General Terms and Conditions.
Article 11. Billing
The User who makes payments with VISA and MASTERCARD credit and debit cards contracts the future execution of payment transactions (on the first of every month) via the same credit and debit card (recurring payment) and will receive payment notifications to his e-mail address immediately after each individual transaction is carried out.
If the User pays for the service by wire transfer, GYMS4YOU will issue an invoice to the User via e-mail on the first of the month for the current month. The invoice is due for collection within 8 (eight) days from the day of issue.
The User can object to the issued invoice within 8 (eight) days from the day of receipt of the invoice. If the User does not object to the invoice, it is considered that the User has accepted the invoice in its entirety.
If payment by credit or debit card cannot be made on the first of the month, GYMS4YOU issues an invoice on the ninth of the month, which is due immediately upon issuance. In the period until the invoice is issued, GYMS4YOU will inform the User about the impossibility of payment in accordance with the rules of the individual card company with which GYMS4YOU cooperates.
In the event that the User does not pay for the service according to the invoice after the due date, GYMS4YOU will limit the User's right to use the fitness center services and the User will be able to use the fitness center services only during the reception's working hours.
For the User's delay in payment of due claims, GYMS4YOU has the right to calculate legal default interest, which the User is obliged to pay.
GYMS4YOU is authorized, with prior written notice to the User, to transfer the claim against the User to creditor banks as well as to authorized debt collection agencies.
Article 12 Transfer of the Agreement
A User who has concluded a contract with GYMS4YOU for a duration of 6 (six) or 12 (twelve) months is authorized to transfer his User rights and obligations from the contract to a third party.
The third party enters into the rights and obligations of the User by concluding the Annex to the Agreement and fulfilling the obligation from Article 2 (two) of these General Terms and Conditions.
The User is required to pay the fee upon transfer for the transfer of the contractual relationship to a third party, in accordance with the valid price list at the time of transfer.
Article 13. Additional services
GYMS4YOU offers additional services of consultation, personal and group training in its fitness centers.
The group training schedule is available on the GYMS4YOU website and the GYMS4YOU mobile application.
Article 14. Freezing
The User has the right, during the contractual relationship concluded for a fixed period of 6 (six) or 12 (twelve) months, to freeze the rights and obligations from the contract for a period of 30 (thirty) days. The User undertakes to pay the contract freezing fee in accordance with the valid price list at the time of request. During the period of rest, the User pays only the compensation for the freezing of the contract and does not pay the monthly preferential price during the period of rest.
Before exercising the right to freeze the Agreement, the User is obliged to settle all issued invoices.
If the User requests freezing of the Agreement in the middle of the month, he is obliged to settle the invoice issued for the current month, and GYMS4YOU will enable the User to use the remaining unused days in the month in which freezing was requested after the period of rest has expired.
During the period of rest, the User's rights and obligations are frozen, and the User is not authorized to terminate the Agreement during the specified period.
The User can exercise the right to freeze in the following cases:
- in the case of being prevented from attending training sessions due to a health condition, the freezing service is free of charge. It is necessary to bring medical documentation indicating the period during which you are unable to train without a diagnosis of your condition. There is no resting time limit. For the period in which the rights are frozen, your membership fee will be reduced or no payment will be required, depending on the duration of the resting period. During the period of rest, the Agreement will be extended.
- in the event that you are prevented from coming to training due to personal obligations (annual vacations, trips, etc.), it is possible to choose to freeze for 30 consecutive days at the price specified in the price list. Then you do not pay the membership fee for the period of rest, and it is possible to put several months at once in the state of rest.
In the event that the User exercises the right from the previous paragraph, the contractual obligation is extended for the time spent at rest.
In case that the User uses the right from the previous paragraph, the contractual obligations shall be extended for the freezing period.
Article 15. Limitation of use of services
GYMS4YOU has the right to limit the use of services to the User, for the following cases:
- a) For delaying the payment of received invoices from GYMS4YOU within 10 (ten) days from of the receipt of the invoice
- b) non-compliance with the Rules of Use of GYMS4YOU gyms.
Article 16. Violations by the User
GYMS4YOU cares about the safety of its Users and employees.
All Users should behave in accordance with the Agreement, General Terms and Conditions and Rules of Use of GYMS4YOU.
In case of non-compliance, GYMS4YOU reserves the discretionary right to decide on further measures and steps depending on the severity of the violation.
GYMS4YOU reserves the discretionary right to exclude from membership persons who do not comply with the Terms of Use and General Conditions.
GYMS4YOU reserves this right in order to guarantee and ensure at all times the personal safety of all members of GYMS4YOU gyms and the prevention of any unlawful or illegal activities on the premises of the gyms.
In order to preserve the safety of all members of the GYMS4YOU gym and maintain a high quality of services, GYMS4YOU will keep the personal information (OIB) of members who are permanently blocked and will keep it according to the deadlines established in the internal acts. This measure allows us to precisely identify these persons at any time and prevent any illegal actions. In this way, we work hard to maintain a safe and professional environment for all members of GYMS4YOU gyms.
Possible measures are:
MINOR VIOLATION | MEDIUM VIOLATION | MAJOR VIOLATION |
Warning | No warning | No warning |
Membership suspension up to 14 days | Membership suspension up to 30 days | No suspension |
Contract termination | Contract termination | Contract termination + permanent block |
The rules of use can be found in the GYMS4YOU premises, on the website, and you can also request them at the reception desk and via e-mail info@gyms4you.com. info@gyms4you.com.
Article 17 - Termination of the Agreement by the User
The User has the right to terminate the contract concluded for a certain period of time at any time. Contract termination is possible in person at all GYMS4YOU fitness centers.
In the case of termination of a contract concluded for a fixed period, the termination shall take effect by the end of the invoiced period.
The User is obliged to settle all invoices issued by the time of termination, and GYMS4YOU is entitled to compensation for early termination of the contract.
Article 18 – Fee for termination of the Agreement
The fee for early termination of the Agreement is determined depending on the duration of the Agreement until the moment of termination.
The fee is determined in the amount of the difference between the preferential price and the regular price for a one-time payment of the monthly membership fee.
The User is obliged to pay the early termination fee before the termination of the Contract.
Article 19 – Termination of the Agreement by GYMS4YOU
GYMS4YOU has the right to terminate the Agreement with the User in the event that the User repeatedly does not comply with the Rules of Use of GYMS4YOU gyms even after warning GYMS4YOU or commits a major violation.
GYMS4YOU has the right to terminate the Agreement with the User in the event that the User does not fulfill his obligations under the Agreement.
If GYMS4YOU has suffered material damage as a result of the User's behavior, GYMS4YOU has the right to compensation.
Article 20 – Cancelation of the Agreement
If after the expiration of the term for which the contract was concluded (6 or 12 months), the contract is automatically renewed, the User has the right to cancel such contract.
The contract can be canceled in person at the GYMS4YOU reception. When the User cancels the Agreement in person at the reception, the User will receive a physical or digital confirmation of the cancellation of the Agreement.
In the event of cancellation of the Agreement, the notice period is considered to be the period until the end of the current month in which the Agreement was cancelled.
The notice period starts on the next day from the date of delivery of the notice of cancellation.
Article 21 - Automatic renewal of the Agreement
A contract concluded for 6 or 12 months is automatically renewed at the end of the agreed period of 6 or 12 months.
The contract is renewed for an indefinite period under the same conditions.
During the duration of the contracted period of 6 or 12 months, the User has the right to inform GYMS4YOU at any time that he does not want an automatic contract renewal.
The notification must be in writing, and after the agreed term expires, it will not be automatically renewed.
Article 22. Registration fee
The registration fee is calculated for all Users, regardless of the agreed duration of the contract, the price of the service and the method of payment, and according to the valid price list at the time of registration, and is paid once upon registration.
Users who sign a contract for the first time and have never used the services of GYMS4YOU get a 100% discount on the registration fee.
Users who, regardless of their previous status, choose a contract with a mandatory duration of 12 months at a preferential price and pay with credit and debit cards VISA and MASTERCARD (recurring payment) LOYALTY RCP also get a 100% discount on the registration fee. In order for this discount to be fully applicable, the User must remain contractually bound until the mandatory duration of the contract expires.
If the member prematurely terminates the LOYALTY RCP contract during the first 6 months of the contract, in addition to the early termination fee, he will be charged the full registration fee, while in the case of termination of the contract in the second half of the contract term, he will be charged in half the amount of the registration fee.
Exceptionally, the registration fee will not be charged in case of early termination if it is a User who registered for the first time and chose a contract with a mandatory duration of 12 months with a preferential price with payment by credit and debit cards VISA and MASTERCARD (recurring payment) LOYALTY RCP.
Article 23. Method of filing a complaint
The User has the right to submit a complaint to GYMS4YOU.
The User can send all complaints by mail to the address GYMS4YOU d.o.o., Zagreb, Radnička cesta 39, 10 000 Zagreb or by email to info@gyms4you.com or in person at fitness centers.
GYMS4YOU will confirm the receipt of the complaint in writing without delay, and will provide you with an answer within 15 days from the date of receipt of the complaint.
In order for GYMS4YOU to respond to a written complaint that was not sent by e-mail, Users are asked to provide accurate information about their first and last name and the address to which the response will be delivered. By law, GYMS4YOU must respond to the User's complaint in writing within 15 days of receipt of the complaint.
The rules on written complaints do not apply to legal entities, to which the Law on Obligatory Relations and the Law on Electronic Commerce apply.
Article 24. Settlement of disputes
Consumer disputes can be resolved through the ODR platform of the European Commission https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=HR
Article 25. Conclusion of a distance contract (Online purchase)
A contract with GYMS4YOU can be concluded via online channels.
By signing the Contract and agreeing to the terms and conditions and by completing the transaction, the User confirms that he agrees with the selected type of membership.
A User who has concluded a Contract with GYMS4YOU for a period of 6 (six) or 12 (twelve) months agrees to recurring monthly payment via the entered credit or debit card.
The User expressly declares of his own free will and confirms by signature that he wants this Contract to be fulfilled immediately, prior to the expiry of the deadline within 14 days for unilateral termination of the contract without giving reasons, and that he is aware of the fact that he will lose the right to unilateral termination of the Contract if the service is fulfilled in full.
In order for the User to be able to exercise the above-mentioned right, he must inform GYMS4YOU of his decision before the expiration of the 14-day period by an unequivocal statement sent by post to the above-mentioned address or via the above-mentioned e-mail.
Article 26. Publication of General Conditions
These General Terms and Conditions will be published on the GYMS4YOU website and reception desks and will be available in all GYMS4YOU fitness centers.
The same can apply to all Users who are under the Agreement, before the effective date hereof, if more favourable to members.
GYMS4YOU will publish and make available all amendments to these General Terms and Conditions in accordance with the previous paragraph.
These General Terms and Conditions enter into force within 8 days from the date of publication in accordance with this artic