TERMS AND CONDITIONS (GTC)
DF Defining Fitness - General Terms and Conditions GTC (as of February 15, 2020)
§ 1 Subject matter of the contract The following binding agreements are hereby made between Personal Trainer ________________ and the customer, which apply to all future training units (in the studio, outdoors, other sports facilities, at home, for fitness trips, etc.), unless otherwise agreed in writing becomes.
The trainer from DF Defining Fitness carries out the activity as a commercial activity. The status is that of a free trade. The latest version of the General Terms and Conditions (GTC) applies. By purchasing (booking) a service from DF Defining Fitness from the respective trainer, the customer accepts these terms and conditions.
§ 2 Services
1. Personal Trainer ________________ undertakes to advise and support customers individually within the framework of the agreed training support. This does not apply to services that are provided for more than one participant, such as group fitness services. Personal trainer ________________ is not liable for the actual achievement of the goals in the training plan agreed with the customer.
2. The duration of a training session is typically 55 minutes. The type, scope and location of the training unit can be seen on the website https://www.df-definingfitness.com/services and are accepted by the customer when booking.
The content and goals of the training are agreed in advance in a consultation in individual training. This does not apply to services by DF Defining Fitness that are provided for more than one participant, such as group fitness services. This can be seen when booking the respective service for the customer.
§ 3 Appointments / Cancellation
1. All appointments are made exclusively through a specific agreement by online booking at https://www.df-definingfitness.com/services , these agreed dates are considered binding, therefore previously booked training hours should be canceled up to 48 hours before the training date if they are not used become. Failure to comply does not entitle you to a refund of the fee paid at the time of booking.
2. If you fail to appear on the agreed training date, the fee paid for a training unit will also be charged. There will be no repayment or credit.
3. In the event of illness and the resultant training cancellation, the trainer must be informed, if possible, 24 hours before the agreed training date. Evidence of the illness through a medical confirmation is a prerequisite for a return transfer of the fee paid.
4. If the personal trainer cancels training at short notice for an important reason, no claims for compensation can be made by the customer.
If the customer interrupts the training unit before the agreed training duration has expired, it does not entitle to reimbursement of costs or time credits. Likewise, the incomplete non-use of the services as part of a service package in the package period (as can be seen for the respective service online when booking)
6. As soon as an outdoor appointment has been set and the weather is extremely bad at that time, the appointment can be canceled by the personal trainer _____________. Seasonal weather is no reason for a cancellation. If there is no cancellation, the appointment will take place at the agreed place at the agreed time. The customer is responsible and responsible for temperature and weather-appropriate clothing.
§ 4 Costs & Payment
1. The initial consultation is free of charge. (Duration 55min) see https://www.df-definingfitness.com/services .
2. The fee for all training units (TE) results from the current price list, which can be viewed online or can be requested directly from the personal trainer _____________. Vouchers and training blocks must be redeemed within x months of the date of issue, depending on the service. This can be seen on the website under the respective service.
In the case of training blocks for outdoor training / circles, the period of validity for redeeming them is specified online in the same way.
3. The costs are to be paid online by the customer when booking the first training session.
4. After the service has been performed, the customer receives an invoice with a detailed description of the services and a list of all training hours in the service period (an individual invoice for individual lessons and service packages).
5. Without paying the fee when booking, there is no entitlement to training units.
§ 5 Other costs
1. If day tickets, monthly membership fees in the fitness studio or the like are required due to the client's training goals and wishes, these costs must be borne by the customer.
2. If the holistic care requires treatment such as by a doctor or physiotherapist, nutritionist, etc., the billing modalities of these cooperation partners apply. If the customer does not take advantage of the treatment recommended by the personal trainer _______________ for objective reasons by other cooperation partners, this is done at his own risk. In this case, the customer cannot make any claims for compensation against the personal trainer ________________. In this case, the personal trainer ________________ also has the right to unilaterally end the cooperation. Refunds of paid fees to the customer are excluded. In the event of further cooperation, the personal trainer ______________ excludes any liability for this.
3. Travel costs are free up to the 4th km. From the 5th km, the costs for a Car2Go will be charged according to the current tariffs for the round trip. Tariffs can be seen at https://www.car2go.com/de/wien/was-kosten-car2go/ Other arrival and departure tariffs are possible by individual agreement.
4. If you want the personal trainer to accompany you while you are traveling, the expenses are to be paid. In addition, a flat fee is agreed for the duration of the trip.
§ 6 Fitness for sport
1. The customer must ensure that he obtains medical approval from __________________ for all sporting activities in connection with personal training. Basically, the customer assures that they are in good health. Furthermore, the customer assures that he is not aware of any circumstances that could exclude training. (This includes in particular illnesses, injuries, taking medication). If there are health problems, a possible training design is discussed in cooperation with the respective specialist. Suddenly occurring disorders of wellbeing (such as dizziness, nausea, pain) before, during or after the training are reported by the customer immediately. The customer undertakes to have himself examined by a doctor at regular intervals to determine whether he is fit for sport. Particularly when it comes to measuring procedures, the customer is advised that risk-free body fat measurement and electronic pulse control can only be guaranteed if there are no implants with electronic components (e.g. pacemakers) in the body.
2. All questions about the current / previous state of health and living conditions must be answered truthfully and completely.
All changes are to be communicated to the trainer immediately.
§ 7 General
1. In order to ensure optimal training design in personal training (1: 1) and to exclude health risks, a fitness performance test is carried out prior to the start of personal training. These personal and necessary data are processed and stored by means of a computer system. Personal data will be treated confidentially. If participation in group appointments takes place, ________________ (the participant) hereby confirms, without a prior performance test, that the required fitness for sport is given in accordance with Section 6 of the General Terms and Conditions.
2. Participation in the training sessions is at your own risk. Insurance against accidents during the training period and on the direct route to and from the training facility is the responsibility of the customer.
§ 8. Copyrights / Publications
The copyright of all publications from the homepages www.df-definingfitness.com belongs exclusively to Dr. Manfred Müllner. Further use of any kind, in particular copying or passing on to third parties, requires the written approval of Dr. Manfred Müllner.
§ 9 Other agreements
1. Both parties recognize agreements and arrangements for booking training units as binding, provided they have been confirmed by both parties. This applies to all means of communication used, such as telephone, fax or e-mail.
2. Both parties are committed to mutual loyalty and will in no way make negative comments about the person, products or services of the other or affect their reputation or prestige.
§ 10 place of jurisdiction, applicable law
Austrian substantive law applies to the exclusion of any reference norm. If the KSchG does not apply to the contractual relationship, the court responsible for Vienna shall apply as the exclusive place of jurisdiction for all disputes between DF Defining Fitness and the customer.
§ 11 Miscellaneous
There are no ancillary agreements to these terms and conditions. Changes to these terms and conditions must be made in writing and will be announced accordingly on the website (date, version of the terms and conditions). If individual clauses of the present GTC are wholly or partially ineffective, this does not affect the effectiveness of the remaining clauses and the contract remains in principle, whereby the ineffective clause is replaced by a clause that comes closest to the purpose of the ineffective clause. The requirement of written form is met by sending an email to the customer. If the customer has provided an email address, all messages between the contracting parties can be made by email.
DF Defining Fitness
Dr. Manfred Müllner - personal trainer
We process your personal data that fall under the following data categories:
Name / company,
Occupation / job title,
Date of birth,
Commercial register number,
Contact person,
Business address and other addresses of the customer,
Contact details (telephone number, fax number, email address, etc.)
Bank details, credit card details,
Order data,
UID number,
Customer service inquiries,
...
You have voluntarily provided us with data about yourself and we process this data on the basis of your consent for the following purposes:
Caring for the customer as well
for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of pointing out the existing or previous business relationship with the customer.
If you send us inquiries using the contact form, your details from the inquiry form, including the contact details you provided there, will be stored by us for the purpose of processing the request and in case of follow-up questions. We do not pass on this data without your consent.
The processing of the data entered in the contact form takes place exclusively on the basis of your consent (Art. 6 Para. 1 lit. a GDPR). You can revoke this consent at any time. An informal e-mail to us is sufficient. The legality of the data processing operations carried out before the revocation remains unaffected by the revocation.
The data you enter in the contact form will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular retention periods - remain unaffected.
You can revoke this consent at any time. If you withdraw your consent, we will no longer process your data for the above-mentioned purposes from this point in time. To withdraw your consent, please contact: Dr. Manfred Müllner Joseph-Listergasse 48, 1130 Vienna.
The data you provide is also required to fulfill the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you.
We save your data as long as it is necessary to fulfill the contract.
We use contract processors for this data processing.
We pass on your data to the following recipients or recipient categories in the event of official information
At least some of your data will also be processed outside the EU or the EEA, namely in the USA. The appropriate level of protection results from an adequacy decision of the European Commission according to Art 45 GDPR. See also https://de.wix.com/about/privacy :
Legal appeal
In principle, you have the right to information, correction, deletion, restriction, data portability and objection. Please contact us for this. If you believe that the processing of your data violates data protection law or your data protection claims have been violated in any other way, you can complain to the supervisory authority. In Austria, the data protection authority is responsible.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the website operator, this site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” and by the lock symbol in your browser line.
If the SSL or TLS encryption is activated, the data that you transmit to us cannot be read by third parties.
Facebook plugins (like & share button)
Plugins from the social network Facebook, provider Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, are integrated on our website. You can recognize the Facebook plugins by the Facebook logo or the "Like" button on our website. You can find an overview of the Facebook plugins here: https://developers.facebook.com/docs/plugins/ .
When you visit our website, the plug-in creates a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. If you click the Facebook "Like" button while you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. This enables Facebook to assign your visit to our website to your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Facebook. You can find more information on this in Facebook's data protection declaration at: https://de-de.facebook.com/policy.php .
If you do not want Facebook to be able to assign your visit to our website to your Facebook user account, please log out of your Facebook user account.
GOOGLE ANALYTICS
We use Google Analytics, a web analysis service from Google Inc. (“Google”). Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there.
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with other services related to the use of this online offer and the internet. In doing so, pseudonymous user profiles can be created from the processed data.
We only use Google Analytics with activated IP anonymization. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The full IP address will only be sent to a Google server in the USA and shortened there in exceptional cases. The IP address transmitted by the user's browser will not be merged with other Google data.
Users can prevent the storage of cookies by setting their browser software accordingly; Users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and from processing this data by downloading and installing the browser plug-in available under the following link: http: // tools.google.com/dlpage/gaoptout?hl=de .
Further information on the use of data for advertising purposes by Google, setting and objection options can be found on the Google website: https://www.google.com/intl/de/policies/privacy/partners/ (“Use of data by Google when you use Websites or apps of our partners "), http://www.google.com/policies/technologies/ads (" Use of data for advertising purposes "), http://www.google.de/settings/ads (" Manage information that Google uses it to show you advertisements ”) and http://www.google.com/ads/preferences/ (“ Determine which advertisements Google shows you ”).
INTEGRATION OF THIRD PARTY SERVICES AND CONTENT
It may happen that third party content, such as videos from YouTube, maps from Google Maps, RSS feeds or graphics from other websites, are integrated into this online offer. This always presupposes that the providers of this content (hereinafter referred to as "third-party providers") are aware of the IP address of the user. Because without the IP address, you would not be able to send the content to the browser of the respective user. The IP address is therefore required to display this content. We strive to only use content whose respective providers only use the IP address to deliver the content. However, we have no influence on whether the third-party provider stores the IP address, e.g. for statistical purposes. As far as we know, we will inform users about it.
Disclaimer of liability
All information is given to the best of our knowledge and belief. They are continuously updated. We therefore reserve the right to change or add to the information provided at any time without notice. If information is incomplete or errors of any kind occur, we regret this, but we cannot accept any liability for any damage resulting therefrom.
We also assume no responsibility for external content to which we may refer via hyperlink.
We endeavor to avoid technical malfunctions. Should such disruptions occur when visiting this website or its links to third-party websites, we do not assume any liability for this either.
The use of all information as well as all actions, toleration or omission associated with www.df-definingfitness.com is subject to Austrian law.
We do not assume any liability for the content of the website linked to the website or the URL of other operators. We are also not liable for the constant availability or full functionality of links to websites or URLs of other operators. We are not liable for the constant availability of the website as a whole or individual parts. Furthermore, no liability is accepted for technical malfunctions, server failures, disruption or failure of telecommunications connections and the like, which lead to the unavailability of the website as a whole or individual parts of it or the corruption of data.
copyright
These pages are protected by copyright. Reproduction with reference to the source is permitted with our prior consent, provided that this does not conflict with the rights of third parties to certain text and multimedia data (e.g. images).
Individual pages of our offer may not be integrated into external frames. However, we would be happy if you set up hyperlinks to www.df-definingfitness.com with our prior consent.