LEGAL
Terms and Conditions
Contracting party
12Rounds Boxing Basel
Leimgrubenweg 9d, 4053 Basel (Gundeldingen)
1. Definitions
1. Unless the context requires otherwise, the following terms have the following meaning within the scope of this contract.
2. Terms and Conditions: the terms and conditions used by 12Rounds Boxing Basel.
3. Fitness: a service aimed at physical and/or mental activity.
4. Customer: a natural person who does not act within the scope of a professional or commercial activity and who concludes a contract for fitness services.
5. Company: 12Rounds Boxing Basel
6. Contract: contract between the Company and the Customer for the provision of fitness services.
2. Scope
1. The business relationship between the Company and the Customer is governed exclusively by these Terms and Conditions in the version valid at the time the contract is concluded.
3. Conclusion of the Contract
1. By completing the registration or booking form on the Company's website, the Customer expresses interest in a course organised by the Company. Before submitting the form, the Customer has the opportunity to review the data entered. After submitting the form, the Customer receives an automatically generated email or WhatsApp message containing all the information about concluding the contract. Receipt of this automatic message does not yet constitute a contract.
2. The contract between the Company and the Customer is concluded upon payment of the fee for the course or membership. Payment can be made via a payment service offered by the Company. A contract is concluded upon successful payment.
3. The content of the contract as well as the other documents made available to the Customer by the Company must be treated as strictly confidential.
4. Contracts with minors (under 18 years of age) can only be concluded with the consent of a legal guardian.
4. Right of Withdrawal
1. Customers have the right to withdraw from the contract within fourteen days of the contract being concluded, without giving reasons. To exercise the right of withdrawal, the Customer must inform the Company that the contract is to be withdrawn. The notice can be sent to the Company by post or email. To meet the withdrawal deadline, it is sufficient to send the notice before the withdrawal period expires. However, the right of withdrawal ends when the consumer makes early use of the fitness service.
2. If a consumer withdraws from the contract, the Company will refund all payments made by the consumer without delay and at the latest within 14 days of the day on which the notice of withdrawal was received. For this refund, the Company will use the same means of payment that the consumer used for the original payment, unless expressly agreed otherwise; in no case will the consumer be charged any fees for this refund.
5. Subject and Scope of Services
1. The nature and scope of the services are determined by the fitness contract as well as the additional services or packages offered and selected (e.g. personal coaching).
2. The membership is personal. A transfer of the membership to third parties is excluded without the written consent of the Company.
6. Contract Term and (Early) Termination of the Contract
1. The Company offers the Customer at least one of the following options:
1.1 An introductory course in which the Customer receives a set number of credits (the right to participate in a corresponding number of courses), which may be used freely within a set period for the courses offered by the Company. The contract ends automatically once the credits are used up or the period expires and requires no further termination. Termination in the meantime without good cause is excluded here.
1.2 A flexible membership that can be terminated monthly with one month's notice to the end of the month.
1.3 A loyalty membership over a period of at least one year, which, after this contract term has expired, can be terminated monthly with one month's notice to the end of the month.
2. If no timely termination is given, the contract is tacitly extended by 4 weeks after the notice period expires. The extended contract can be terminated at any time subject to the one-month notice period.
3. If the contract is concluded for a period longer than one year, the Customer may terminate the contract after this period has expired, subject to one month's notice.
4. Extraordinary termination by the Customer is possible if:
4.1 the consumer moves their place of residence outside a radius of 20 km from the studio for which the membership was concluded. This must be proven by an entry in the residents' registration register.
4.2 the Customer, due to an injury or illness because of which continued use of the Company's offers would be impossible or harmful. As long as the use of individual, not entirely insignificant parts remains possible, extraordinary termination is not permitted.
4.3 the Customer is pregnant.
5.1 Termination of the contract must be made in writing.
6.1 In addition to the termination option referred to in paragraph 4, the Customer may also freeze the contract. If the Customer is unable to use the Company's offers for more than one month due to illness or injury, the contract term is extended by this period without additional membership fees being incurred.
7. Extraordinary termination by the Company is possible with immediate effect if:
7.1 the Customer violates one or more provisions of these Terms and Conditions or the applicable (house) rules.
7.2 the consumer has behaved unlawfully towards the Company or a contracting party of the Company.
7.3 the Customer is in default with the payment of an amount equal to two monthly fees, which entitles the Company to terminate the contract without notice for good cause.
7. Prices and Price Changes
1. The membership fee is payable in advance.
2. Any price increases will be announced by the Company 2 weeks in advance.
3. In the event of a price increase, the Customer has the right to terminate the contract within one month of the price increase being announced. The membership fee paid in advance will be refunded.
4. The termination option under paragraph 3 does not apply to price adjustments based on price indexation of up to €60 per year, or to price adjustments that arise directly from the law, such as those relating to value added tax.
8. Obligations of the Company/Provider
1. The Company guarantees that the facilities and services provided comply with the contract.
2. The Company shall subject the facilities to the necessary maintenance.
3. The Company guarantees that the trainers or supervisors have sufficient knowledge as can usually be expected.
4. The Company ensures that sufficient first-aid resources are available.
5. The Company takes measures to prevent damage to or loss of customers' property.
9. Obligations of the Customer
1. The Customer must comply with the provider's instructions and the (house) rules.
2. The Customer must inform the Company of any medical contraindication that speaks against practising the sport.
3. The Customer must follow the instructions of the Company or its staff. The Customer is not permitted to use equipment or facilities with which they are not familiar.
4. The Customer may not use the equipment and facilities if under the influence of alcohol, drugs, medication or substances classified as doping agents.
5. The Customer is not permitted to smoke in the areas provided by the Company.
6. The Customer must inform the Company in good time, in writing or electronically, of changes to their postal address, email address, account number and telephone number.
10. Interim Changes
1. The Company may make interim changes to the services offered, the premises and opening hours. The Company will announce the planned changes at least 4 weeks in advance.
2. In the event of changes pursuant to paragraph 1 to the Customer's disadvantage, the Customer has the right to terminate the contract with one month's notice after the announcement. In the event of termination, the membership fee paid in advance will be refunded.
11. Payment
1. The membership fees due are levied and collected in the agreed manner.
2. After the payment deadline has expired, default of payment occurs automatically. The Company will notify the Customer of this in writing and give them the opportunity to pay the amount due within two weeks.
3. After the new payment date has expired, the Company reserves the right to charge the Customer default costs. In addition, the Company is entitled to deny the Customer access to the facilities.
12. Liability
1. The Company is not liable for material damage (e.g. theft) or immaterial damage (e.g. injuries) that arises during training, competitions or other activities. This does not apply to liability for breach of a material contractual obligation, nor to liability for damage to the Customer arising from injury to life, body or health, nor to damage based on an intentional or grossly negligent breach of duty by the Company, its legal representatives or vicarious agents. The Customer is expressly advised not to bring any valuables.
2. Boxing is a physically demanding sport. Customers are therefore advised to consult their general practitioner about their state of health so that they are able to follow the training and any competitions responsibly.
3. Boxing involves risks. By registering, the Customer (or a legal guardian) declares that they are informed of these risks and accept them as their own risk.
13. Data Protection
1. The data collected via the booking form is stored, used and, where applicable, passed on by 12Rounds Boxing Basel insofar as this is necessary for the provision of the contractual services. The legal basis is Art. 6(1) sentence 1 lit. b and f GDPR and, where applicable, consent pursuant to Art. 6(1) sentence 1 lit. a and Art. 9(2) lit. a GDPR. Further processing only takes place if the customer has consented or there is a legal permission. Details can be found in our Privacy Policy.
14. Final Provisions
1. When concluding the fitness contract, the Customer must provide truthful information about personal data relevant to the contract. The Customer must inform the Company of any change to data relevant to the contract (name, address, bank details, etc.) without delay.
2. If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining Terms and Conditions remains unaffected.
3. The contractual relationship between the parties is governed exclusively by Swiss law. The place of jurisdiction is Basel, Switzerland. The contract language is German.