1.1 This website is operated by Boho Stretching. Throughout the site, references to “I”, “we”, “my”, “our” refer to Boho Stretching.
1.2 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts of Boho Stretching, Sandgasse 19a, 6850 Dornbirn (hereinafter referred to as “Provider”) regarding the use of Boho Stretching.
1.3 Customers are those persons who are authorized to enter and use our services on the basis of a contract concluded with the Provider.
2. conclusion of contract
2.1 The contract between the provider and the customer is concluded by concluding a purchase on site or via the provider’s website. For online sales transactions with consumers, the special provisions under point 9. of these GTC apply. Individual contractual provisions take precedence over these GTC.
3. Subject matter and scope of services
3.1 The type and scope of services shall be governed by the contract.
3.2 A transfer of membership is excluded.
4. use of the studio
4.1 Granting of access
4.1.1 Each interested party and each member shall be entitled to enter and use the studio and its facilities during the opening hours and in accordance with the provisions of the contract.
facilities during the opening hours and in accordance with the contract.
4.1.2 Each member receives a card according to the contract. This card is not transferable. Any unauthorized transfer of the card is prohibited. Each member is obliged to keep the card carefully. Each loss as well as any damage is to be reported to the provider immediately. The old card loses its validity with the issuance of the new card.
4.1.3 It is not allowed to bring animals.
4.1.4 Members who are under the influence of alcohol or other addictive or narcotic substances may be refused admission for the duration of their impairment.
4.1.5 It is forbidden to bring weapons, alcoholic beverages, illegal addictive substances and narcotics as well as unauthorized performance-enhancing substances into the premises.
4.2 Hygiene regulations
4.2.1 For hygienic reasons, entering and using the training equipment and training areas is only permitted with sports clothing and without shoes.
4.2.2 It is forbidden to bring or eat food.
4.2.3 All areas of the studio are to be kept clean. Waste is to be disposed of in the containers provided.
4.2.4 If mats are used by the studio, they are to be cleaned independently after the session with the disinfectant provided.
4.3. safety regulations
4.3.1 All facilities and training equipment are to be treated with care and consideration.
4.4 Refraining from hazards and nuisances
4.4.1 Every customer must refrain from unnecessary noise, harassment and any danger to other members.
4.4.2 The taking of photographs and videos of other customers is only permitted with their prior consent.
4.5.1 Insofar as it is necessary in order to comply with the provisions set out in these GTCs to prevent dangers, to avoid and avert damage and to prevent annoyance and prevent harassment and impairment of the health of other members, the health of other members, the provider may issue instructions. These instructions must be followed. Customers who do not follow these behavioral instructions may be expelled from the studio for a reasonable period of time.
4.5.2 The provider is not obliged to check the mental and physical fitness of a customer. The chosen type, scope and intensity of training are the personal responsibility of each individual client. It is strongly recommended that the training is always based on the individual’s physical abilities and that, in the event of complaints, the exercises are simplified, discontinued or, if necessary, a doctor is consulted.
4.5.3 The Provider may, on a case-by-case basis, without obligation and without being obligated to do so, conduct a consultation with a training recommendation. Any recommendations made by the provider reflect the subjective assessment of the coach; the selection of the appropriate training program is always the sole responsibility of the customer and lies within the customer’s own sphere of responsibility. A counseling session can in no way replace a medical or therapeutic consultation. There is no legal claim to the holding of a consultation.
5. opening hours
5.1 The opening and training hours can be viewed at any time on the homepage of www.boho.at and are up to date.
6.1 The contractually agreed remuneration is due for payment within the first 2 weeks after conclusion of the contract. The amount is exempt from VAT due to the small business regulation according to §6 Abs. 1 Z 27 USTG. Payment shall be deemed to have been made in due time if it has been initiated on the due date.
6.2 In the event of late payment, the Provider shall be entitled to charge interest on arrears at the statutory rate. In the case of payment arrears, the Provider may also claim collection costs of up to EUR 40, provided that the costs are necessary and appropriate for the collection of the arrears and are in reasonable proportion to the outstanding debt.
6.3 The membership fee is value-protected. The consumer price index 2015 (base year 2015) published monthly by Statistics Austria or an index replacing it shall serve as a measure for calculating the stable value. The index figure calculated for the month in which the contract was concluded shall serve as the reference figure. Fluctuations of the index figure upwards or downwards up to and excluding 2% shall be disregarded. This margin shall be recalculated each time it is exceeded upwards or downwards, whereby the first index figure outside the respective applicable margin shall always form the basis both for the recalculation of the claim amount and for the calculation of the new margin. The newly resulting membership amount shall be rounded commercially to full 10 cents.
7. contract duration and (premature) termination of the contract
7.1 Duration and validity are in accordance with product description. Training cancellations as well as vacations and vacations that fall on training days will be credited to the validity period. Transfer to third parties and exchange for cash is excluded.
7.2 The provider can terminate the contract with immediate effect – even before the expiry the minimum contract period and without being bound to periods of notice and dates of and dates – if:
7.2.1. the customer is in default of payment of the membership fee and the outstanding membership fee is not paid in full despite a grace period of at least 14 days;
7.2.2. the customer repeatedly and despite a warning violates the regulations for the use of the studio (point 4. of these GTC). A warning is not required if a member has culpably endangered the health of another person or injured another person as a result of violating these GTC;
7.2.3. the customer commits criminal acts in the studio or online.
7.3 The customer can extend the validity of the blocks if:
7.3.1. the customer is prevented from training due to an illness or accident; or
7.3.2. the customer learns about his pregnancy after the conclusion of the contract. The prevention (point 7.3.1 and 7.3.2) must be certified by a medical certificate. In the case of pregnancy, the presentation of the mother-child passport is required for certification. The certificate must be presented immediately after the reason for the impediment becomes known.
7.4 For the duration of the suspension, the validity of the block shall be extended. If the Customer uses services of the Provider despite the extension of the validity period, the extension of the validity period shall be cancelled.
7.5. The validity period of the block is extended by the duration of the suspension. The Provider shall be notified of the end of the prevention. In case of pregnancy, the prevention ends 8 weeks after the end of pregnancy.
7.6. The right of both parties to terminate the contract for cause is neither excluded nor limited by these special termination options.
7.7. If appointments cannot be kept, this must be communicated at least 24 hours before the agreed appointment. If no cancellation is made in time, 50% of the costs will be charged. In case of illness, it is free to present a medical certificate to be exempt from the costs.
8. interruptions of operation
8.1 For the purpose of refurbishment, cleaning and repair of the studio, complete interruptions of operation are possible up to the extent of 14 continuous calendar days, but not exceeding 21 calendar days per year. Such interruptions of operation shall be announced at least 7 days in advance. Notwithstanding the foregoing, the Provider shall keep interruptions of service to a minimum.
8.2 In case of longer interruptions of service, the validity of the block shall be prolonged by the of the business interruption. At the member’s option, the pro-rata membership fee may also be refunded or credited.
9. special provisions for online contracts with consumers
9.1 The contract can also be concluded via the website of the Provider. By clicking the button “order with costs” a binding offer is made to conclude the selected product. The contract is concluded by acceptance of the offer by e-mail.
9.2 Consumers can online contracts within fourteen days from the conclusion of the contract without reasons, provided that no services have yet been used. To exercise the right of withdrawal, the consumer must provide the provider his name, address, Tel.Nr, e-mail by means of a clear statement (eg a letter sent by mail, fax or e-mail) about the decision to revoke this contract. To comply with the revocation period, it is sufficient to send the notice of exercise of the right of revocation before the expiry of the revocation period. The model withdrawal form attached at the end of these GTC may be used for the withdrawal.
9.3 If a Consumer revokes the contract, the Provider shall return all payments made by the Consumer without undue delay and no later than within 14 days from the day on which the Provider received the notification of revocation. For this repayment, the Provider shall use the same means of payment and the same type of transaction that the Consumer used for the original transaction, unless expressly agreed otherwise; in no case shall the Consumer be charged any fees due to this repayment. However, if the consumer chooses “Pay to goods and services” at Paypal, the amount will be transferred back through the same payment method, with which the repayment amount may differ from the transfer amount.
10. final provisions
10.1 The Member shall provide truthful information about personal data relevant to the contract when concluding the purchase contract. The Member shall notify the Provider immediately of any change in contract-relevant data (name, address, bank details, etc.).
10.2 If individual provisions of these GTC are or become invalid, the validity of the remaining GTC shall remain unaffected.
10.3 Austrian law shall apply to the exclusion of conflict of laws provisions and the UN Convention on Contracts for the International Sale of Goods. Contractual language is German.
10.4 For members who do not have a residence or habitual abode in Austria or are not employed in Austria, as well as for entrepreneurs, the court in whose district the registered office of the provider is located shall have exclusive local jurisdiction.
Model cancellation form (only for consumers)
If you want to cancel the contract, please fill out this form and send it back to:
I/we (*) hereby revoke the contract concluded by me/us (*) regarding
the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of paper communication)
(*) Delete as applicable