GENERAL TERMS AND CONDITIONS
Version from 01.01.2025
1. Preamble
1.1 The sports programme offered by the organiser includes physically demanding activities, in particular gymnastics, acrobatics and trampoline jumping. This programme is intended for both children (from a minimum age of 7 years) and adults.
1.2 A prerequisite for participation is good physical condition. Persons with health problems that prevent safe participation are not allowed to participate. Participants are strongly advised to consult their doctor before participating in the sports course to determine whether they can participate safely.
1.3 The participant acknowledges that participation in physically demanding courses such as gymnastics, acrobatics and trampoline jumping is associated with general risks. Such risks include, in particular, collisions with obstacles and hazards associated with the equipment or problems caused by other participants in the course.
2. Legal form
2.1. The organizer of the sports course is:
Reflex Club e.U
FN: 619594 v
Vorgartenstraße 204/813
1020 Vienna
3. Registration
3.1. The participant must register for the sports offer of their choice using the form provided on the website https://reflexclub.at. To do this, they must provide their full name, date of birth, address, telephone number, email address, and an emergency contact person.
3.2. By clicking on the "binding order" button, the participant makes a binding offer to conclude a contract. Confirmation by email from the organizer constitutes acceptance of the offer and leads to the conclusion of the contract.
3.3. The participant will be additionally informed of their legal right of withdrawal from the contract when concluding the contract online.
3.4. Alternatively, the contract can be concluded by the participant signing a document in the studio. There is no right of withdrawal for contracts concluded in the studio.
3.5. The fee for training in the selected sports program must be paid immediately after registration using SEPA autopayment.
3.6. After successful registration, the participant will receive a confirmation by e-mail. The organizer may require this confirmation to be shown at the lesson or on request.
3.7. For persons under 18 or without legal capacity, registration must be carried out by a legal representative. The representative is responsible for all obligations under the contract, including the participation fee.
4. Right of withdrawal and cancellation of the contract
4.1. The participant has the right to cancel the contract without stating reasons within fourteen days from the date of its conclusion.
4.2. To exercise the right of withdrawal, the participant must notify the organizer (indicating full name, address and, if possible, telephone number and e-mail) with a clear statement (e.g. by post or e-mail) of his/her intention to cancel the contract. Using the form for cancellation provided by the organizer is possible, but not obligatory.
4.3. In the event of a valid withdrawal, the organiser is obliged to refund all payments made by the participant no later than three weeks after receiving the withdrawal notice. The refund will be made using the same payment method used for the original transaction, unless otherwise agreed. The participant will not bear any costs for the refund.
4.4. If the participant requests the start of the service before the withdrawal period has expired, then in the event of withdrawal, the part of the cost of the service that corresponds to the volume of services rendered up to the moment of withdrawal must be paid in proportion to the total cost of the service.
5. Payment deadlines for contributions
5.1. A one-off contribution is set out on the cover page of the contract, which is payable upon conclusion of the contract.
5.2. In the event of a contract extension, the set contribution is payable at the beginning of each month during the extension period.
6. Right to change prices
6.1. If the value added tax increases, the organiser has the right to adjust the monthly contribution accordingly. This increase is limited to additional costs related to the change in value added tax and will be communicated to participants in text form (e.g. by email). The changes will come into effect on the first day of the month following receipt of the notification.
6.2. If the value added tax is reduced, the monthly contribution will be reduced by the corresponding amount from the date the reduced VAT rate comes into effect.
7. Increase in monthly contributions
7.1. If the organizer intends to increase the monthly contributions for reasons not related to the change in value added tax, the organizer is obliged to notify participants 6 weeks before the change.
7.2. The increase in monthly contributions will only come into effect from the beginning of the next renewal period. There will be no increase within an existing contract.
7.3. Если участник не согласен с повышением, он может расторгнуть контракт в соответствии с пунктом 10 этих Общих условий до истечения текущего срока контракта или подписки в текстовой форме. Если расторжение не произошло в указанный срок, повышение считается принятым.
7.3. If the participant does not agree to the increase, he/she may terminate the contract in accordance with Section 10 of these General Terms and Conditions before the expiry of the current contract or subscription period in text form. If the termination does not take place within the specified period, the increase is deemed to have been accepted.
7.4. If the participant does not terminate the contract within the specified period, he/she will continue to pay the contract in increased monthly instalments. The obligation to pay begins on the first day of the new renewal period.
8. Participation in SEPA Autopayments
8.1. The participant undertakes to participate in SEPA Autopayments and to provide the organizer with written authorization for automatic debiting from the bank account. The participant is obliged to ensure that there is a sufficient balance in his/her account.
8.2. If the debit fails due to an error on the part of the participant, such as insufficient funds or an invalid authorization for autopayment, the participant undertakes to reimburse the organizer for all costs incurred, including fees for the return of payments.
9. Late payment
9.1. If the participant fails to make a payment on time, the organizer reserves the right to charge the participant penalty fees if these costs were incurred due to the participant's fault. These costs include, in addition to penalty interest, fees for the return of payments, costs of legal actions, including fees for reminders and collection, court fees and attorney's fees.
10. Minimum contract term, termination and extension
10.1. The contract is concluded for the minimum term specified on the cover page of the contract.
10.2. The participant is obliged to inform the organizer no later than one month before the end of the subscription term if he does not intend to continue the subscription (normal termination).
10.3. If the participant does not inform the organizer within the specified period of his intention not to renew the subscription, the contract is automatically extended under the same conditions and for the same term.
10.4. In case of automatic renewal, the participant is obliged to pay the fees in accordance with the current rates and contract terms at the time of renewal.
10.5. The termination must be made in writing and sent to the organizer.
11. Contract suspension
11.1. The contract may only be suspended if this is specifically stated on the cover page of the contract.
11.2. The number of months during which the contract may be suspended is limited to one month.
11.3. The participant is obliged to notify the organizer of the intention to suspend the contract at least five working days before the start of the suspension in text form (e.g. by e-mail).
11.4. The suspension begins exclusively on the first day of the month and must last for at least one full month.
11.5. During the suspension, the participant is released from the obligation to pay fees and cannot use the services. For contracts with a minimum term, suspension extends the contract term by the corresponding number of months.
11.6. There is no right to suspension if the contract has already been terminated or if the organizer has the right to terminate the contract early.
11.7. The application for suspension must be made in writing and sent to the organizer.
12. Force majeure
12.1. If the organizer is unable to fulfill its obligations due to force majeure circumstances (e.g. natural disasters, epidemics, government orders, war), the obligations are suspended for the duration of these obstacles. The organizer will try to promptly notify the participants and offer possible alternative dates or services.
12.2. If it is not possible to offer alternative services, a partial refund will be made for the services not rendered.
12.3. If force majeure lasts for more than six weeks, both the organizer and the participant have the right to terminate the contract early.
12.4. Termination of the contract due to force majeure must be notified in writing.
13. Conditions of participation
13.1. Participation is strictly personal. It is prohibited to forward registration documents to third parties.
13.2. The sports program is held on the specified days and in the specified places.
13.3. The organizer reserves the right to set a minimum and maximum number of participants. In case of overcrowding, registration may be postponed or an alternative offer may be offered; in case of insufficient number of participants, the course may be cancelled without compensation.
14. Cancellation
14.1. In case of cancellation of the course, the organizer will try to inform the participants in advance (by phone, SMS or email). In this case, the organizer will offer a replacement for other dates.
14.2. The participant has the right to cancel the booked course or date no later than 24 hours before the start of the lesson free of charge. If the cancellation is made less than 24 hours in advance or the participant does not show up, the full cost of the lesson will be charged. In this case, no refund is possible.
14.3. Absence from the course without the fault of the organizer (for example, due to failure to show up or lack of a doctor's certificate) does not give the right to a refund or reduction of payment.
15. Interruption of the course
15.1 The organiser has the right to interrupt the course in whole or in part if there are important reasons (e.g. technical problems, safety risks or orders from authorities).
15.2 If the course is interrupted, the contract period is extended for the duration of the interruption.
15.3 If continuation of the course becomes impossible for an extended period, the organiser may cancel the course and refund all funds to the participants.
16. Change of venue
16.1 If the originally agreed venue cannot be used due to its permanent unsuitability (e.g. technical faults) or due to expiry of the rental period, the organiser has the right to move the course to another venue acceptable to the participants.
16.2 If it is inconvenient for a participant to participate in the new venue, he or she has a special right of termination. The termination must be notified in writing to the organiser within 14 days of notification of the new venue.
16.3. If the participant exercises his right of termination, the contract will be terminated at the end of the month in which the termination notice became effective. Already paid fees that exceed this period will be refunded proportionately.
17. Liability
17.1. In the case of slight negligence, the organizer is only liable in the event of a breach of fundamental contractual obligations (cardinal obligations), in which case liability is limited to typically foreseeable damage. Cardinal obligations are those that are essential for achieving the purpose of the contract. Liability for personal injury and in accordance with the Product Liability Act remains unaffected. In all other cases, liability is limited to intentional acts or gross negligence. These limitations of liability also apply to the organizer's performers.
17.2. Participation in the sports program is at the organizer's own risk. The organizer is not liable for bodily or material damage caused by third parties, unless this is due to intentional or grossly negligent behavior of the organizer or his performers.
17.3. The organizer does not provide accident and liability insurance for participants. Each participant is solely responsible for ensuring that they have adequate insurance coverage.
17.4. Participants are advised to undergo a sports medical examination before the start of the course. By signing the contract, the participant confirms that he or she is physically fit to participate in the course. A medical certificate may be required at the request of the organizer.
17.5. If the organizer has reasonable grounds to believe before or during the course that the participant’s health condition precludes safe participation or significantly worsens it, the organizer has the right to fully or partially exclude the participant from further participation. In this case, no refund will be made for fees already paid for classes or the course.
18. Internal regulations
18.1. Entry to the gym is permitted no earlier than 10 minutes before the start of the course and no later than 5 minutes after its end. Accompanying persons, baby carriages, scooters, bicycles and animals are not allowed in the gym. Eating in the sports hall and changing rooms is prohibited.
18.2. The sports facility, ancillary rooms and provided items must be used with care. The house rules (including the ban on smoking and alcohol, as well as fire safety regulations) apply. Damage or excessive soiling caused by the participant or their accompanying persons must be reported immediately and may entail claims for damages.
18.3. Participants must arrive on time and in suitable sportswear. Accompanying persons (e.g. parents) may not be in the sports hall during the lesson. If the organizer indicates safety or course rules, participants are obliged to comply with them. Violations may result in exclusion from the course without the right to a refund of fees already paid.
19. Data protection
19.1. The participant agrees that his/her personal data (name, date of birth, gender, address, telephone, email and emergency contact) may be stored and processed by Gymnathlon for the purpose of fulfilling the contract and informing about additional sports offers.
19.2. The participant agrees that photographs, audio and video recordings taken during the sports course in which he/she is depicted or heard may be reproduced, distributed and used by the organizer, its franchisees or appointed photographers for advertising purposes (e.g. on the website, in social media, in printed materials) free of charge, unless this violates the legitimate interests of the participant.
20. Other provisions
20.1. The organizer has the right to change these General Terms and Conditions – with the exception of essential obligations – if there is an objective reason for doing so (e.g. changes in legislation). The participant will be informed of the changes in good time. If the participant does not object to the changes within a reasonable period, the changes are deemed to be accepted. The participant will be explicitly informed of this legal consequence.
20.2. The participant may set off the organizer's claims only against undisputed or finally established counterclaims or those that are in a synallagmatic relationship to the claim in question. In the event of a right of withdrawal, this right of set-off remains unaffected.
20.3. For the sake of readability, a gender-neutral male person is used in these General Terms and Conditions. All names of persons refer to all genders.
20.4. Should any provision of these General Terms and Conditions be found to be invalid or unenforceable, this will not affect the validity of the remaining provisions. The invalid provision will be replaced by a provision that best suits the purpose of the regulation.
20.5. Austrian law shall apply exclusively.
1.1 The sports programme offered by the organiser includes physically demanding activities, in particular gymnastics, acrobatics and trampoline jumping. This programme is intended for both children (from a minimum age of 7 years) and adults.
1.2 A prerequisite for participation is good physical condition. Persons with health problems that prevent safe participation are not allowed to participate. Participants are strongly advised to consult their doctor before participating in the sports course to determine whether they can participate safely.
1.3 The participant acknowledges that participation in physically demanding courses such as gymnastics, acrobatics and trampoline jumping is associated with general risks. Such risks include, in particular, collisions with obstacles and hazards associated with the equipment or problems caused by other participants in the course.
2. Legal form
2.1. The organizer of the sports course is:
Reflex Club e.U
FN: 619594 v
Vorgartenstraße 204/813
1020 Vienna
3. Registration
3.1. The participant must register for the sports offer of their choice using the form provided on the website https://reflexclub.at. To do this, they must provide their full name, date of birth, address, telephone number, email address, and an emergency contact person.
3.2. By clicking on the "binding order" button, the participant makes a binding offer to conclude a contract. Confirmation by email from the organizer constitutes acceptance of the offer and leads to the conclusion of the contract.
3.3. The participant will be additionally informed of their legal right of withdrawal from the contract when concluding the contract online.
3.4. Alternatively, the contract can be concluded by the participant signing a document in the studio. There is no right of withdrawal for contracts concluded in the studio.
3.5. The fee for training in the selected sports program must be paid immediately after registration using SEPA autopayment.
3.6. After successful registration, the participant will receive a confirmation by e-mail. The organizer may require this confirmation to be shown at the lesson or on request.
3.7. For persons under 18 or without legal capacity, registration must be carried out by a legal representative. The representative is responsible for all obligations under the contract, including the participation fee.
4. Right of withdrawal and cancellation of the contract
4.1. The participant has the right to cancel the contract without stating reasons within fourteen days from the date of its conclusion.
4.2. To exercise the right of withdrawal, the participant must notify the organizer (indicating full name, address and, if possible, telephone number and e-mail) with a clear statement (e.g. by post or e-mail) of his/her intention to cancel the contract. Using the form for cancellation provided by the organizer is possible, but not obligatory.
4.3. In the event of a valid withdrawal, the organiser is obliged to refund all payments made by the participant no later than three weeks after receiving the withdrawal notice. The refund will be made using the same payment method used for the original transaction, unless otherwise agreed. The participant will not bear any costs for the refund.
4.4. If the participant requests the start of the service before the withdrawal period has expired, then in the event of withdrawal, the part of the cost of the service that corresponds to the volume of services rendered up to the moment of withdrawal must be paid in proportion to the total cost of the service.
5. Payment deadlines for contributions
5.1. A one-off contribution is set out on the cover page of the contract, which is payable upon conclusion of the contract.
5.2. In the event of a contract extension, the set contribution is payable at the beginning of each month during the extension period.
6. Right to change prices
6.1. If the value added tax increases, the organiser has the right to adjust the monthly contribution accordingly. This increase is limited to additional costs related to the change in value added tax and will be communicated to participants in text form (e.g. by email). The changes will come into effect on the first day of the month following receipt of the notification.
6.2. If the value added tax is reduced, the monthly contribution will be reduced by the corresponding amount from the date the reduced VAT rate comes into effect.
7. Increase in monthly contributions
7.1. If the organizer intends to increase the monthly contributions for reasons not related to the change in value added tax, the organizer is obliged to notify participants 6 weeks before the change.
7.2. The increase in monthly contributions will only come into effect from the beginning of the next renewal period. There will be no increase within an existing contract.
7.3. Если участник не согласен с повышением, он может расторгнуть контракт в соответствии с пунктом 10 этих Общих условий до истечения текущего срока контракта или подписки в текстовой форме. Если расторжение не произошло в указанный срок, повышение считается принятым.
7.3. If the participant does not agree to the increase, he/she may terminate the contract in accordance with Section 10 of these General Terms and Conditions before the expiry of the current contract or subscription period in text form. If the termination does not take place within the specified period, the increase is deemed to have been accepted.
7.4. If the participant does not terminate the contract within the specified period, he/she will continue to pay the contract in increased monthly instalments. The obligation to pay begins on the first day of the new renewal period.
8. Participation in SEPA Autopayments
8.1. The participant undertakes to participate in SEPA Autopayments and to provide the organizer with written authorization for automatic debiting from the bank account. The participant is obliged to ensure that there is a sufficient balance in his/her account.
8.2. If the debit fails due to an error on the part of the participant, such as insufficient funds or an invalid authorization for autopayment, the participant undertakes to reimburse the organizer for all costs incurred, including fees for the return of payments.
9. Late payment
9.1. If the participant fails to make a payment on time, the organizer reserves the right to charge the participant penalty fees if these costs were incurred due to the participant's fault. These costs include, in addition to penalty interest, fees for the return of payments, costs of legal actions, including fees for reminders and collection, court fees and attorney's fees.
10. Minimum contract term, termination and extension
10.1. The contract is concluded for the minimum term specified on the cover page of the contract.
10.2. The participant is obliged to inform the organizer no later than one month before the end of the subscription term if he does not intend to continue the subscription (normal termination).
10.3. If the participant does not inform the organizer within the specified period of his intention not to renew the subscription, the contract is automatically extended under the same conditions and for the same term.
10.4. In case of automatic renewal, the participant is obliged to pay the fees in accordance with the current rates and contract terms at the time of renewal.
10.5. The termination must be made in writing and sent to the organizer.
11. Contract suspension
11.1. The contract may only be suspended if this is specifically stated on the cover page of the contract.
11.2. The number of months during which the contract may be suspended is limited to one month.
11.3. The participant is obliged to notify the organizer of the intention to suspend the contract at least five working days before the start of the suspension in text form (e.g. by e-mail).
11.4. The suspension begins exclusively on the first day of the month and must last for at least one full month.
11.5. During the suspension, the participant is released from the obligation to pay fees and cannot use the services. For contracts with a minimum term, suspension extends the contract term by the corresponding number of months.
11.6. There is no right to suspension if the contract has already been terminated or if the organizer has the right to terminate the contract early.
11.7. The application for suspension must be made in writing and sent to the organizer.
12. Force majeure
12.1. If the organizer is unable to fulfill its obligations due to force majeure circumstances (e.g. natural disasters, epidemics, government orders, war), the obligations are suspended for the duration of these obstacles. The organizer will try to promptly notify the participants and offer possible alternative dates or services.
12.2. If it is not possible to offer alternative services, a partial refund will be made for the services not rendered.
12.3. If force majeure lasts for more than six weeks, both the organizer and the participant have the right to terminate the contract early.
12.4. Termination of the contract due to force majeure must be notified in writing.
13. Conditions of participation
13.1. Participation is strictly personal. It is prohibited to forward registration documents to third parties.
13.2. The sports program is held on the specified days and in the specified places.
13.3. The organizer reserves the right to set a minimum and maximum number of participants. In case of overcrowding, registration may be postponed or an alternative offer may be offered; in case of insufficient number of participants, the course may be cancelled without compensation.
14. Cancellation
14.1. In case of cancellation of the course, the organizer will try to inform the participants in advance (by phone, SMS or email). In this case, the organizer will offer a replacement for other dates.
14.2. The participant has the right to cancel the booked course or date no later than 24 hours before the start of the lesson free of charge. If the cancellation is made less than 24 hours in advance or the participant does not show up, the full cost of the lesson will be charged. In this case, no refund is possible.
14.3. Absence from the course without the fault of the organizer (for example, due to failure to show up or lack of a doctor's certificate) does not give the right to a refund or reduction of payment.
15. Interruption of the course
15.1 The organiser has the right to interrupt the course in whole or in part if there are important reasons (e.g. technical problems, safety risks or orders from authorities).
15.2 If the course is interrupted, the contract period is extended for the duration of the interruption.
15.3 If continuation of the course becomes impossible for an extended period, the organiser may cancel the course and refund all funds to the participants.
16. Change of venue
16.1 If the originally agreed venue cannot be used due to its permanent unsuitability (e.g. technical faults) or due to expiry of the rental period, the organiser has the right to move the course to another venue acceptable to the participants.
16.2 If it is inconvenient for a participant to participate in the new venue, he or she has a special right of termination. The termination must be notified in writing to the organiser within 14 days of notification of the new venue.
16.3. If the participant exercises his right of termination, the contract will be terminated at the end of the month in which the termination notice became effective. Already paid fees that exceed this period will be refunded proportionately.
17. Liability
17.1. In the case of slight negligence, the organizer is only liable in the event of a breach of fundamental contractual obligations (cardinal obligations), in which case liability is limited to typically foreseeable damage. Cardinal obligations are those that are essential for achieving the purpose of the contract. Liability for personal injury and in accordance with the Product Liability Act remains unaffected. In all other cases, liability is limited to intentional acts or gross negligence. These limitations of liability also apply to the organizer's performers.
17.2. Participation in the sports program is at the organizer's own risk. The organizer is not liable for bodily or material damage caused by third parties, unless this is due to intentional or grossly negligent behavior of the organizer or his performers.
17.3. The organizer does not provide accident and liability insurance for participants. Each participant is solely responsible for ensuring that they have adequate insurance coverage.
17.4. Participants are advised to undergo a sports medical examination before the start of the course. By signing the contract, the participant confirms that he or she is physically fit to participate in the course. A medical certificate may be required at the request of the organizer.
17.5. If the organizer has reasonable grounds to believe before or during the course that the participant’s health condition precludes safe participation or significantly worsens it, the organizer has the right to fully or partially exclude the participant from further participation. In this case, no refund will be made for fees already paid for classes or the course.
18. Internal regulations
18.1. Entry to the gym is permitted no earlier than 10 minutes before the start of the course and no later than 5 minutes after its end. Accompanying persons, baby carriages, scooters, bicycles and animals are not allowed in the gym. Eating in the sports hall and changing rooms is prohibited.
18.2. The sports facility, ancillary rooms and provided items must be used with care. The house rules (including the ban on smoking and alcohol, as well as fire safety regulations) apply. Damage or excessive soiling caused by the participant or their accompanying persons must be reported immediately and may entail claims for damages.
18.3. Participants must arrive on time and in suitable sportswear. Accompanying persons (e.g. parents) may not be in the sports hall during the lesson. If the organizer indicates safety or course rules, participants are obliged to comply with them. Violations may result in exclusion from the course without the right to a refund of fees already paid.
19. Data protection
19.1. The participant agrees that his/her personal data (name, date of birth, gender, address, telephone, email and emergency contact) may be stored and processed by Gymnathlon for the purpose of fulfilling the contract and informing about additional sports offers.
19.2. The participant agrees that photographs, audio and video recordings taken during the sports course in which he/she is depicted or heard may be reproduced, distributed and used by the organizer, its franchisees or appointed photographers for advertising purposes (e.g. on the website, in social media, in printed materials) free of charge, unless this violates the legitimate interests of the participant.
20. Other provisions
20.1. The organizer has the right to change these General Terms and Conditions – with the exception of essential obligations – if there is an objective reason for doing so (e.g. changes in legislation). The participant will be informed of the changes in good time. If the participant does not object to the changes within a reasonable period, the changes are deemed to be accepted. The participant will be explicitly informed of this legal consequence.
20.2. The participant may set off the organizer's claims only against undisputed or finally established counterclaims or those that are in a synallagmatic relationship to the claim in question. In the event of a right of withdrawal, this right of set-off remains unaffected.
20.3. For the sake of readability, a gender-neutral male person is used in these General Terms and Conditions. All names of persons refer to all genders.
20.4. Should any provision of these General Terms and Conditions be found to be invalid or unenforceable, this will not affect the validity of the remaining provisions. The invalid provision will be replaced by a provision that best suits the purpose of the regulation.
20.5. Austrian law shall apply exclusively.
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