General Terms And Conditions

1. SCOPE

The General Terms and Conditions apply to the use of the Physio23 GmbH fitness center and the fitness facilities provided.

2. MEMBERSHIP

Subscriptions end automatically at the end of the paid term.

3. INFORMATION OBLIGATION

Any change in contract-relevant data (e.g. name, address, e-mail) as well as a change in the state of health must be communicated to Physio23 GmbH immediately.

4. CANCELLATION

Appointment cancellations must be communicated 24 hours in advance. If the agreed appointment is not kept, the entire amount may be charged privately.

5. PARTICIPATION IN HEALTH INSURANCE

It is the customer's responsibility to clarify whether the health insurance companies contribute to the treatment costs and the subscription. 

6. OFFER

6.1. Physio23 GmbH offers various services and subscriptions. The offer depends on the paid tariff type and term. All other services and products offered are not included in the membership fee. These include, in particular, physiotherapy services, personal training sessions, massages, drinks and food.

6.2. Physio23 GmbH offers the opportunity to train independently during unsupervised times. As there is no supervisor present, this form of training involves certain risks. The member is aware of this and agrees to adhere to the instructions given (see point 8).

7. CHIP Wristband AS MEMBER ID

7.1.  The chip wristband, which is given to trainers, serves as a membership card and access medium. It is usually issued on the first visit or at the mandatory induction appointment. If lost, a new chip bracelet must be purchased for CHF 19.

8. HOUSE RULES, RULES OF USE, INSTRUCTIONS

8.1. The member undertakes to comply with the GTC and to follow the instructions of the staff.

8.2. The member undertakes to comply with the current hygiene rules of the Federal Office of Public Health (FOPH) and the instructions of the operating staff in the facilities. Visiting the facilities is prohibited for members with symptoms of illness, suspected infection with transmissible pathogens and/or a (officially or self-imposed) quarantine. The risk of infection cannot be completely ruled out even if the hygiene rules are observed. Physio23 GmbH excludes any liability in this regard.

8.3.  Physio23 GmbH is only used for its intended purpose, even during unattended opening hours, and is only entered in a state of full judgment and in good physical condition, which corresponds to the state of health known to Physio23 GmbH. In particular, access to and use of the fitness center is strictly prohibited after consumption of any narcotics, alcohol, medication not disclosed to Physio23 GmbH or anything else that impairs the ability to judge or physical and mental condition.

8.4. In the event of illness, high blood pressure or the use of medically prescribed medication, confirmation of approval to use the relevant section will be obtained from a doctor.

8.5. The member is aware of the risks involved in using the fitness center during unsupervised opening hours. For safety reasons, the member undertakes to install and use the "Echo112" app, which will always be open during unsupervised training and used accordingly in an emergency. During unsupervised training hours, the use of the free weights area is discouraged for safety reasons.

8.6. The customer shall ensure that no third parties gain access to the gym.

8.7. Personal training sessions may only be conducted by/with personnel of Physio23 GmbH.

8.8.  The emergency exit door may only be opened in an emergency. Improper opening of the emergency exit door will result in a fine of CHF 100 plus administrative costs.

8.9.  In the event of gross or repeated violations of the house rules and/or the instructions of the staff, Physio23 GmbH is entitled to issue a house ban, terminate the membership contract with immediate effect and confiscate the chip bracelet or membership card or declare it invalid. The member shall not be entitled to a refund of the membership fee paid. In the event of serious disruption of training operations by the member, no prior warning is required.

9. PAYMENT AND DELAY OF PAYMENT

9.1.  The membership fee shall be determined in accordance with the applicable price overview (www.physio23.ch). No access entitlement exists without receipt of payment. The compensation is independent of the actual use of the offer.

9.2.  The membership fee with one-off payment must be paid by the member before the start of the contract period when the contract is concluded or extended.

9.3.  In the case of a membership contract with monthly payment, the membership fee must be paid before the start of each interval. Invoices are sent exclusively by e-mail.

9.4. If the member does not pay the compensation owed on time, a reminder will be sent (first payment reminder free of charge, first reminder CHF 5.00, second reminder CHF 30.00). In the event of debt collection, the total amount owed, including all collection costs and fees, shall be due immediately.

9.5. After the first reminder, Physio23 GmbH reserves the right to block the member from using the offers and services of Physio23 GmbH and to collect the chip bracelet until the outstanding monthly fees, including accrued reminder fees, have been paid. Furthermore, Physio23 GmbH reserves the right to terminate the contractual relationship with immediate effect due to late payment and not to conclude any new membership contracts in the future.

9.6. Subscriptions during the year: The membership fee must be paid upon conclusion of the contract or extension of the contract.

10. TERM OF CONTRACT, UPGRADE, TIME STOP, CONTRACT SUSPENSION

10.1. The term of the contract depends on the contract.

10.2 The membership contract for a subscription expires automatically without notice.

10.3 Cancellation of the contract and corresponding refunds can only be granted in cases of hardship, such as prolonged illness, accident or relocation abroad, and there is no entitlement to such refunds. The membership contract must be submitted together with a written request for a refund and the necessary confirmations such as a doctor's certificate, confirmation from the employer, proof from the residents' registration office, etc. The remaining value of the subscription will then be refunded. The residual value of the subscription will then be refunded based on the amount actually paid less CHF 100 for administrative expenses.

10.4. As an alternative to withdrawing from the contract, the current contract can be assigned once to a third party.

10.5. The non-use of the facilities of Physio23 GmbH or participation in courses does not entitle members to a reduction or refund of the membership fee.

10.6. Members with a contract duration of at least 12 months are entitled to a contract suspension under the conditions listed below.

10.7. If a valid reason is provided (e.g., illness, pregnancy, accident, military service, extended business trips abroad, further education/internship abroad until reaching the regular retirement age), the membership may be suspended (pause period) for a minimum of 1 month and a maximum of 9 months. However, there is no automatic entitlement to such a suspension. The pause period must be requested before the absence and must be accompanied by appropriate documentation or certification.

10.8. A retroactive pause period is only possible in cases of illness or accident. This must be requested within the first month after the medical certification of training incapacity has ended. Requests submitted at a later date will not be considered.

10.9. For vacations lasting between 1 and 4 months, a one-time pause period can be granted within the contract duration upon presentation of travel documents. The administrative fee for vacation-related pause periods is CHF 50.00. The vacation pause period must be requested and paid for before the absence.

10.10. For contracts with monthly payment plans, the monthly fees must continue to be paid during the pause period.

10.11. The credited time is seamlessly added to the existing contract duration. A cash refund is not possible.

10.12. If an abusive contract suspension is detected or suspected, Physio23 GmbH reserves the right to terminate the membership contract immediately and without refund.

10.13. If a member enters the facility during a contract suspension, the suspension will be immediately and irrevocably terminated. Retroactive pause periods can only be granted for periods in which no entries to the facilities of Physio23 GmbH have taken place.

11.  LIABILITY

11.1. The use of the offers of Physio23 GmbH, in particular the use of the training facilities and equipment as well as participation in courses, is at the Member's own risk and peril. Physio23 GmbH excludes any liability for direct and indirect damages to the extent permitted by law. It is the member's responsibility to take out insurance.

11.2. Physio23 GmbH is not liable for the loss of effects, valuables, money, clothing, membership cards, etc., nor is it liable for the loss of personal belongings. Likewise excluded is any liability for items deposited at reception or in the checkroom.

11.3. The member is liable for damage to training facilities and equipment caused by him/her as well as for the loss of loaned items (value according to the house rules).

11.4. Training areas and the entrance area are video-monitored for security reasons. Video recordings are only evaluated to check compliance with the house rules, in the event of theft or violations, otherwise these video recordings are deleted. Video recordings are reserved exclusively for staff and will not be shown to third parties.

12.  OPERATING HOURS

The training facilities are available to the member every day during operating hours, with the exception of public holidays and maintenance, cleaning, conversion, refurbishment, etc., for non-exclusive use.

13.  CESSATION OF OPERATIONS

The temporary or permanent closure or partial closure of the Physio23 GmbH fitness center is reserved at all times. There is no entitlement to a refund of pre-paid contributions or an extension of the contract period or suspension of monthly contributions of a subscription due to a suspension of operations as a result of revision, maintenance or construction work, special events/occasions or as a result of force majeure (e.g. fire, epidemics, pandemics, government restrictions, strike) and or decrees or other actions by government authorities.

14. CUSTOMERS UNDER 18 OR 15 YEARS OF AGE

Customers under the age of 18 require the written consent of their parents or legal representative on site. Access under the age of 15 is not permitted.

15. CHANGES TO THE TERMS AND CONDITIONS AND OPERATING REGULATIONS

The member expressly acknowledges that changes to the General Terms and Conditions, the Operating Regulations and the Terms of Use are reserved and that they will be brought to their attention in an appropriate form. The Member cannot derive any rights from a change to the General Terms and Conditions or the Operating Regulations.

16. APPLICABLE LAW AND JURISDICTION

All legal relationships arising from this contract are subject to Swiss law. The place of jurisdiction is Basel-Stadt. The rights arising from this agreement are not transferable.