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 the service of recreational sport in modern fitness centres on the Croatian
territory, and that the service is provided around the clock, 7 days a week, 0-24 hours.
After signing the Agreement, user acquires the right to use services in all GYMS4YOU fitness
The User can be private or legal person.
At the time of signing the Agreement User agrees to present to the authorized person of GYMS4YOU their identity documents and agrees with taking a copy of the same.
User agrees when signing the Agreement to present to the authorized person of GYMS4YOU their e-mail address, whose validity is confirmed by the response to the e-mail sent by GYMS4YOU.
In the event that a private or legal person refuses to present their ID and a valid e-mail address GYMS4YOU may refuse to make the Agreement.
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.
The prices of services and fees of GYMS4YOU were established with price list which is effective at the time of signing the Agreement. Valid prices at the time of signing the Agreement are published in the reception centres and GYMS4YOU fitness website. GYMS4YOU is authorized to change prices and undertakes to publish it and make it available in a common and accessible way. In the event of changing the price list, GYMS4YOU is obliged to inform Users, in writing or by electronic means, on proposed changes and the right to cancel the Agreement 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.
The User can pay fee to GYMS4YOU with cash deposit at the reception desk, credit transfer and credit and debit cards VISA, MASTERCARD and MAESTRO. 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, MASTERCARD and MAESTRO. The user can enter into a contract with GYMS4YOU for a duration of 6 or 12 months at a special preferential price, only if he pays for the service with credit and debit cards VISA, MASTERCARD and MAESTRO through the PAYU system at the reception of GYMS4YOU. Payment by credit card is executed through PAYU S.A., ul. Grunwaldzka 182, 60-166 Poznań, Poland, tel. +48 61 628 45 05, e-mail: email@example.com. According to the Payment System Act, PAYU is registered with the Registry of Payments Institutions of the Republic of Poland under number IP1 / 2012 and the supervision of operations is carried out by the Polish Financial Services Supervisory Agency and is located in the register of payment service providers from other EU Member States The Croatian National Bank.
The User who makes payments through credit and debit cards VISA, MASTERCARD and MAESTRO will negotiate future payment transactions (on the first of every month) through the same credit and debit card (recurring payment) and will receive billing notifications via their user profile at GYMS4YOU web site immediately after each individual transaction is completed. If the User pays the service with credit transfer GYMS4YOU will issue the invoice to the User by e-mail on the 1st (first) of the month for the current month. The invoice is due to be billed within 7 (seven) days of the date of issue. The user can object to the issued invoice within 7 (seven) 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 credit or debit card payments can not be made in the 1st (first) of the month and in the next three days, GYMS4YOU will issue the invoice in the 5th (fifth) of the month, which will be billed immediately upon issuance. In the event that the User withdraws an agreement to pay with credit card or credit card payments can not be carried out repeatedly, they will continue to pay for the remaining duration of the contract, thereby losing the right to a preferential price of the service for card payments. 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.
The User who signed the Agreement with GYMS4YOU on period of 6 (six) or 12 (twelve) months is authorized to transfer its user rights and obligations under the Agreement to a third party.
The third person accepts the rights and obligations of the User by concluding the Annex to the contract and will fulfil its obligations referred in Article 3 (three) 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.
The User has the right, during the Agreement relationship concluded for a definite period of 6 (six) or 12 (twelve) months, put the rights and obligations under the Agreement on hold for a period of 30
(thirty) days. The User is required to pay compensation for the suspension of the Agreement in accordance with the valid price list at the time of transfer. During freeze period the User pays only the compensation fee and does not pay the monthly preferential price.
In case that the User uses the right from the previous paragraph, the contractual obligations shall be extended for the freezing period.
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) For breaking the rules of use of GYMS4YOU
Agreement relationship can be cancelled for the reasons stated in the valid law or the bylaws.
If, after the expiration of the period for which the Agreement was concluded, the Agreement is automatically renewed, User has the right to cancel such a contract.
GYMS4YOU has the right to terminate the contract with the User in the event that the User repeatedly does not comply with the Rules of Use of GYMS4YOU gyms even after warning from GYMS4YOU or does not fulfil his obligations.
Cancellation of the Agreement by GYMS4YOU in accordance with the previous paragraph is effective immediately, the User is not entitled to compensation and is obliged to pay its obligations to GYMS4YOU by the end of the contractual relationship.
In case the User cancels the Agreement, User is obliged to pay the total amount of all remaining
monthly fees for the rest of the period of the Agreement or compensation in the amount of discounts on the service that is achieved for all of the past months.
The notice period in case of termination or cancellation of the contract lasts 30 (thirty) days, and starts running from the 1st (first)
day of the month following the month in which it was stated.
The User can cancel the Agreement by personal visit at any GYMS4YOU gym with an ID and signing the cancellation form.
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 enter into a contract for the first time and have never used the services of Gyms4You d.o.o. 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 with a preferential price and pay with credit and debit cards VISA, MASTERCARD and MAESTRO (recurring payment) "LOYALITY RCP" also get a 100% discount on the registration fee. In order for this discount to be fully applicable, the User must remain under contractual obligations until the expiration of the mandatory duration of the contract. If the member prematurely terminates the "LOYALTY RCP" contract during the first 6 months of the contract, in addition to the fee for early termination, he will be charged the registration fee in full, while in the case of termination of the contract in the second half of the contract term, it will be charged in half
of the fee for enrolment. 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, MASTERCARD and MAESTRO (recurring payment). LOYALTY RCP".
Underage users, students or seniors are entitled to a discount in the amount of HRK 30(thirty) (EUR 3.98) per month on selected contract membership fees or one-time annual membership fees, with the presentation of appropriate documentation proving their status on the basis of which they are entitled to the discount.
A user who is entitled to a 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 he is performing within 5 working days from the date of conclusion of the distance contract discount, via e-mail or in person at the GMYS4YOU center. In the event that he does not do so within the given period, it will be considered that the user concluded the contract at the regular price from paragraph 5, and the provisions of paragraph 7 of this article will be applied.
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 determined 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 from paragraph 5 of this article, the same is authorized to terminate the contract early by observing the agreed notice periods and paying the fee for early termination of this contract in the amount of all remaining monthly fees for the remainder of the period of the mandatory duration of the Agreement, which is calculated based on the membership fee with a discount from paragraph 1. of this article.
These Terms and Conditions will be posted on the GYMS4YOU website, notice board and will be available in all GYMS4YOU fitness centres. 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 Terms and Conditions shall be effective within 8 (eight) days from the date of publication in accordance with this article.