General Terms and Conditions EN

GENERAL TERMS AND CONDITIONS

I.

Definitions

1.1. GTC – General Terms and Conditions governing the rights and obligations of the Provider and the Client arising from a concluded agreement for the provision of services.

1.2. Provider – Royal Gym s.r.o., Jaurisova 515/4, Prague 140 00, Czech Republic. Contact: tel. +420 733 222 026.

1.3. Client – a natural person (non-business), a natural person (entrepreneur) or a legal entity that has entered into an Agreement with the Provider for the purpose of receiving services from the Provider’s offer. A person older than 12 and younger than 18 may also be a Client independently, provided that the registration is completed by their legal guardian. Persons aged 10 to 12 are entitled to enter the Rental only when accompanied by an adult who is also registered and has concluded an Agreement for the same time slot as such person. Persons aged 0 to 10 are entitled to enter the Rental only when accompanied by an adult who is registered and has concluded an Agreement and who will keep them under constant supervision. These persons are not entitled to use the exercise machines in the Rental during the Rental period.

1.4. Agreement – a rental agreement concluded between the Provider and the Client, the subject matter of which is the Provider’s obligation to make the rented premises available to the Client for use at the agreed time and the Client’s obligation to pay the price. This Agreement may be concluded via the Provider’s website or, by agreement with the Provider, in another manner.

1.5. The Agreement consists of these GTC, the order from the reservation system, and the Provider’s price list (the “Price List”).

1.6. Rental – Under the rental agreement, the Provider undertakes to grant the Client temporary use of a non-residential space located at U Teplárny 605, Česká Třebová, or at Šedivská 844, Letohrad, i.e., a private gym with accessories and equipment (the “Rental”), for the purpose, price and period agreed between the parties, as further described in these terms. The Client is entitled to choose the Rental freely, i.e., which private gym they will use.

1.7. Additional Services – individual personal sessions agreed upon in advance between the Provider and the Client.

1.8. Website – the website available at www.royalgym.cz.

II.

General Principles of the GTC

2.1. These GTC form an integral part of the agreements concluded between the Provider and the Client. Any ancillary arrangements are valid only if made in writing in the specific case. Where special terms have been agreed, these GTC apply as secondary, i.e., after the special terms.

2.2. The Provider’s offers stated in advertising materials, catalogues and on the internet are non-binding and serve only to provide the Client with general information about the services offered by the Provider and their prices. The Provider reserves the right to make changes and to correct printing defects and errors.

III.

Registration

3.1. Unless agreed otherwise, the Client completes the registration on the website www.royalgym.cz, and the registration is completed on the date the Provider confirms the registration. Within the registration process, the Client is required to provide the following information:

  • first and last name

  • date of birth

  • permanent address

  • consent to these GTC

  • acknowledgement of the operating rules

By completing the registration, the Client acknowledges that the Rental is monitored by a CCTV system for the purpose of ensuring Clients’ safety within the rented premises and to secure evidence for potential damage compensation. The CCTV system is not installed in the changing rooms or washrooms.

3.2. The Provider reserves the right to refuse to complete the registration or to prevent the Client from entering the Rental if the Provider has reasonable doubts regarding the truthfulness of the information provided during registration.

IV.

Conclusion of the Agreement

4.1. The Provider offers the Rental in the following forms:

  • 1-month or 3-month membership,

  • annual membership – Upfront (one-off payment),

  • annual membership – Autopay (monthly payments with a 12-month commitment; an in-person meeting and signing of an agreement is required),

  • single entry,

  • multi-entry pass for 5 or 10 entries,

  • MultiSport card.

4.2. With respect to membership, the Provider states that the number of entries is unlimited and the Client may use the Rental without limitation for the duration of the membership period. The relevant period starts at the moment of the first entry. Membership is non-transferable and is tied exclusively to the Client. If it is found that a person is present in the Rental who entered using the Client’s access credentials, this constitutes a material breach of the Agreement and the Provider is entitled to terminate the Client’s membership in accordance with Article 4.10 of these terms.

4.3. A single entry entitles the Client to a one-time Rental at the time selected by the Client. The Client must use the single entry no later than within 7 days from the date of purchase; otherwise it expires without compensation.

4.4. With respect to the multi-entry pass, the Provider states that it is limited as follows:

  • single-entry pass (1 entry) – must be used within 7 calendar days from the date of purchase,

  • 5-entry pass – must be used within 2 calendar months from the date of purchase,

  • 10-entry pass – must be used within 3 calendar months from the date of purchase.

The Provider states that if the Client does not use the entries within the above period, the unused entries expire without compensation.

4.5. Annual membership – Upfront entitles the Client to unlimited use of the Rental for 12 months from activation, based on a one-off payment of the price according to the current Price List.

4.6. Annual membership – Autopay entitles the Client to unlimited use of the Rental for 12 months from activation, based on regular monthly payments according to the current Price List. Concluding Autopay requires an in-person meeting and signing of an agreement. The Client acknowledges that early termination of Autopay results in an obligation to pay two (2) monthly payments as compensation.

4.7. A MultiSport card entitles the Client, for as long as it is valid, to one entry per calendar day. The number of days in a month during which the Client may use the entry is not limited. However, the Client is not entitled to use the MultiSport card for entry on a given calendar day if it has already been used with a third party on that day.

4.8. Unless agreed otherwise, the Agreement entitling the Client to enter the Rental is concluded on the date the Provider accepts the Client’s order through the ordering system and the Client pays the price. If the Provider accepts the order, the Client will receive an automatic message. Otherwise, the Client will receive a message stating that the Provider does not accept the order.

4.9. By mutual agreement, personal sessions may also be arranged; their capacity is limited to one (1) person, and the conditions (date/time and price) will be agreed individually according to the Provider’s specific offer and rates.

4.10. The Rental is always arranged for a fixed term, namely for the exact period agreed between the Provider and the Client in each Agreement. The rental period also includes all preparation for using the rented premises (such as changing into sportswear, etc.), as well as necessary actions at the end of the rental (such as returning equipment to its original place and using the sanitary facilities and shower). The Client is obliged to leave the rented premises no later than in the last minute of the rental period.

4.11. The Client will normally be allowed to enter the Rental no earlier than at the start of the Rental’s opening hours, by means of a QR code in the Royal Gym app. The Client acknowledges that without this app they will not be allowed to enter the Rental. The app is protected by the Client’s access credentials, and the Client is not entitled to provide such access credentials to any third party.

4.12. The duration of the Rental is limited only by the Rental’s opening hours.

4.13. The Provider is entitled to terminate the Rental with immediate effect by giving immediate notice if the Client materially breaches the Agreement, these terms, or any other obligations imposed by generally binding legal regulations, in particular if the Client causes damage to the rented premises, or if the Client’s use creates a risk of serious damage or other harm, or if the Client is under the influence of narcotic or psychotropic substances, or if the Client is not medically fit to use the sports equipment in the Rental.

V.

Price, Payment Terms, Self-Service Bar

5.1. The price of membership or multi-entry passes is published on the Provider’s website via the ordering system and is thereby agreed between the Provider and the Client.

5.2. The Client undertakes to pay the price of the membership or multi-entry pass within the time limit and under the conditions received after purchase. If the Client chooses payment by payment card, the Client will be redirected directly to the payment gateway after submitting the order. After receiving the payment under this section, the Provider will issue a tax document (invoice) to the Client. The Client chooses the payment method before purchase via the Provider’s website within the Client’s account.

5.3. If the Client fails to pay the price within the period specified in Section 5.2 of these GTC, the order shall be deemed cancelled. The payment date is the date the amount is credited to the Provider’s bank account, unless agreed otherwise.

5.4. Discounts offered by the Provider apply according to the information published on the Provider’s website. Individual discounts and promotions cannot be combined.

5.5. The Client undertakes to pay the course price in CZK or EUR. If the Client pays in a currency other than stated in the previous sentence, the Client undertakes to pay, based on an additional invoice, an amount reflecting the exchange-rate difference and related bank fees.

5.7. The Provider accepts payments by bank transfer based on a pro forma invoice or by payment card via the GoPay payment gateway. The Client must select the payment method before concluding the agreement in the ordering system; without selecting a payment method, the agreement cannot be concluded.

5.8. The Provider offers all Clients the option to use a self-service bar within the Rental. The Client may use the self-service bar without limitation; however, the Client must pay for all items taken (protein drinks, etc.) via QR payment using the QR code located directly at the self-service bar. The Client is not entitled to take any goods from the self-service bar without payment. A breach of this obligation entitles the Provider to terminate, without further notice, without a notice period and without any right to compensation, the Client’s registration and all related agreements concluded with the Client, whether concerning the current entry, membership, or a multi-entry pass.

VI.

Rights and Obligations

6.1. The Provider is obliged to hand over the subject of the rental to the Client in a condition fit for the agreed use and to duly perform all obligations arising from the Agreement and/or these GTC.

6.2. The Client is obliged to use the subject of the rental solely for the agreed purpose and within the agreed scope. The Client is obliged to familiarise all persons to whom the Client grants access to the subject of the rental, i.e., all participants of the training, with the rules for using the private gym.

6.3. The following is prohibited throughout the private gym:

  • smoking;

  • consumption of alcoholic beverages or any addictive substances;

  • handling of open flame;

  • leaving children under 10 unattended;

  • taking photos/recording in the gym premises with any pornographic or any other connotation contrary to generally accepted standards of decency and morals; and

  • any conduct that could be considered contrary to good morals.

6.4. Entry to the Rental is strictly prohibited for persons under the influence of alcohol or narcotic or any other addictive substances.

6.5. Children under 10 may move within the gym premises only when accompanied by their parents, who bear full responsibility for any damage to the child’s health and to the Provider’s property and/or third-party property caused by the child’s movement.

6.6. The Client must not make any changes or modifications to the subject of the rental (including sticking or otherwise attaching any objects to walls or equipment) and must not carry out any activities that could cause damage to the health and/or property of any third party (including the Provider).

6.7. The Client is not entitled to sublet or otherwise allow use of the subject of the rental, or any part thereof, to any third parties.

6.8. Before starting the training, the Client must check whether the gym equipment is complete. If any equipment is missing and/or damaged, the Client must notify the Provider without undue delay (via the e-mail address stated above). The Client acknowledges that the gym equipment may differ from depictions in promotional materials and media (website, Facebook, Instagram).

6.9. The Client must immediately notify the Provider (via the e-mail contact stated above) of any damage event affecting the subject of the rental. The Client must act so as to prevent damage and/or minimise its extent if it occurs. The Client is liable to the Provider for any damage resulting from failure to comply with this obligation.

6.10. The Client must tolerate the Provider’s entry to the subject of the rental for the purpose of checking proper use by the Client. The Provider must, however, respect the Client’s activity taking place in the subject of the rental to the maximum extent and interfere as little as possible, provided it is carried out in accordance with the rental agreement and/or these GTC.

6.11. When using the subject of the rental, the Client must comply with hygiene, safety, environmental, fire-protection and other generally binding legal regulations relating to the Client’s activities performed in the subject of the rental.

6.12. The Client assumes full responsibility for the safety and protection of the health of persons to whom the Client granted access to the subject of the rental, and also assumes responsibility for their own property brought into the gym premises, except where damage is demonstrably caused by the Provider’s activity.

6.13. The Client is liable to the Provider for damage caused to the subject of the rental by the Client’s activities or the activities of persons to whom the Client granted access. The Client undertakes to compensate the Provider for the damage without undue delay.

6.14. After the end of the rental, the Client must return the subject of the rental to the Provider in the condition in which the Client received it at the beginning of the Rental. The Client must return all equipment to its original place and observe basic hygiene habits, etc.

6.15. If the Client materially breaches the Agreement, these terms or any other obligations imposed by generally binding legal regulations, the Provider may prohibit and deny access to the Rental not only to the Client but also to all other persons who were present during the improper conduct with the Client, and may thereby withdraw from / terminate the Agreement with immediate effect, without the Client being entitled to any proportional refund of the consideration paid by the Client.

6.16. The Client participates in all activities carried out in the Rental at their own risk. The Client is responsible for their health condition that allows them to use the services provided under the Agreement.

VII.

Complaints (Claims for Defective Performance)

7.1. The Client is entitled to exercise rights arising from defective performance under the Civil Code and under the conditions set out therein. Claims may be submitted by e-mail to the Provider at: info@royalgym.cz.

7.2. The Client must report any defects of the subject of the rental without undue delay after discovering them.

7.3. If, due to the defects notified to the Provider, the Client can use the subject of the rental only with difficulties, the Client has the right to an appropriate discount on the rent.

7.4. If the notified defect materially impairs the use of the gym, or completely prevents its use, the Client has the right to compensation in full amount under the Agreement concluded for that specific entry.

7.5. No provision of these terms may be interpreted as granting the Client the right to remedy defects of the subject of the rental and request reimbursement from the Provider of reasonably incurred costs associated with such remedy.

7.6. A claim for defective performance must always include the Client’s identification and a description of the specific shortcomings (defects) of the subject of the rental. The claim must state what the alleged defect consists of and which specific right under the Civil Code and/or these terms the Client is exercising. The description must be sufficiently specific (ideally including photo documentation) so that the Provider can assess it objectively.

7.7. The Provider undertakes to handle the Client’s claims related to defects without undue delay after receipt, but no later than within thirty (30) days of receipt. The Provider will inform the Client of its conclusions regarding acceptance or non-acceptance of the claim, including justification, via the contact e-mail address provided by the Client.

7.8. If the Client does not notify the Provider of damage or defect of the subject of the rental without undue delay after the Client could and should have discovered it, the Client has no right to a discount on the rent and cannot terminate the rental without a notice period.

VIII.

Withdrawal from the Agreement

8.1. A Client who is a consumer has the right, pursuant to Section 1829(1) of Act No. 89/2012 Coll., to withdraw from the Agreement within 14 calendar days from the conclusion of the Agreement, if the Agreement was concluded using means of distance communication (electronic application, etc.), without giving any reason and without any penalty. The withdrawal must be made in writing and sent to info@royalgym.cz no later than within 14 calendar days from the conclusion of the Agreement, before the expiry of the period. Withdrawal is not possible if the service has already been provided to the Client at least partially, i.e., if the Client has already concluded the Agreement and entered the Rental at least once, or did not cancel in time.

8.2. The Client must send the withdrawal in written form to the Provider, stating their details (first name, last name, permanent address, variable symbol from the invoice) and specifying the bank account number to which the price is to be refunded. For the purpose of withdrawal, the Client may use the withdrawal form attached to these GTC.

8.3. If the Client validly withdraws from the Agreement under this article, the Provider will refund the received funds within 14 days from receipt of the notice of withdrawal, using the same payment method that the Client used for payment.

IX.

Out-of-Court Resolution of Consumer Disputes

9.1. In accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended (the “Consumer Protection Act”), the Client has the right to out-of-court resolution of a dispute arising from the concluded agreement if the dispute is not resolved by agreement of the parties.

9.2. The competent authority for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority (Česká obchodní inspekce). The Czech Trade Inspection – Central Inspectorate is located in Prague 2, Štěpánská 15. The Czech Trade Inspection – Inspectorate for the Central Bohemian Region and the Capital City of Prague is located at Štěpánská 567/15, 120 00 Prague 2 (further information at www.coi.cz).

9.3. Out-of-court resolution of consumer disputes is initiated upon a proposal by the Client–consumer. Each party bears its own costs associated with such out-of-court resolution.

9.4. The Client–consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

X.

Final Provisions

10.1. The Client acknowledges that they will be recorded by a CCTV system during the Rental. Any processing of personal data, including video footage, is governed by the Personal Data Processing Terms. The Client declares that they were informed about personal data processing at the time of registration. The Client acknowledges and expressly agrees that the Provider is entitled to store such recording for non-commercial purposes for 60 days; longer only if necessary to enforce legitimate claims of the Provider, the Client or another person who used the Rental simultaneously with the Client. The Provider states that the retention period for video recordings is governed by the contract concluded with the provider of the MultiSport card and that shorter retention would prevent performance of that contract. The Provider further states that the CCTV retention period also follows from the need to check and inventory the self-service bar.

10.2. These GTC are available on the website referred to in Article I, Section 1.9 of these GTC.

10.3. If the Provider delivers a written document to the Client via a postal services provider, it will be sent to the address stated by the Client during registration as the contact address. If the Client did not choose a contact address, the document will be sent to the address stated by the Client as their residence or, where applicable, place of business or registered office. If delivery is unsuccessful, the document is deemed delivered by delivery to the above address or upon futile expiry of the collection period, even if the Client did not learn about its storage.

10.4. If any provision of these GTC is or becomes invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness and enforceability of the remaining provisions. The parties shall provide each other with cooperation to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision that, to the greatest extent possible, preserves the economic purpose intended by the replaced provision. The same applies in the event of a contractual gap.

10.5. Unless these GTC provide otherwise, the legal relations between the parties are governed by the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended.

10.6. The wording of these GTC is binding on the parties. The wording of the GTC is published on the website referred to in Article I, Section 1.9 of these GTC. By completing the registration, an option to automatically save the GTC on the device used to place the order will be offered. The Provider is not liable if the Client does not use this option.

10.7. The Provider reserves the right to make any changes or amendments to these GTC, and each change or amendment becomes valid and effective on the day the amended GTC are published. If the Client does not agree with a change that affects the rights and obligations arising from the contractual relationship between the Client and the Provider, the Client has the right to reject such change, provided that the Provider is obliged to inform the Client of such change in due time, and the Client may terminate the agreement.

10.8. These GTC become valid and effective on 25 March 2025. All contractual relationships established between the Provider and the Client from 25 March 2025 are governed by these GTC.

Annex:

No. 1 – Model Withdrawal Form

ANNEX No. 1 to the GTC

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the Agreement pursuant to Article VIII of the GTC)

Provider

Royal Gym s.r.o.

Jaurisova 515/4

Prague

140 00

In __________ (place of execution of this notice) on DD.MM.YYYY

Notice of Withdrawal from the Agreement

I / The company, _______________ (first and last name / company name), born on DD.MM.YYYY / Company ID No. ___________________________, with registered address / seat at ___________________________________

____________________________________________, hereby notify the Provider that I/we hereby withdraw *) from the Agreement, as I submitted the order on DD.MM.YYYY and you confirmed acceptance on DD.MM.YYYY.

Please refund the paid course fee to my bank account held with ________________________ (name of the bank), account No. ________________________.

Kind regards,

Client’s signature:

(first and last name of the Client / company name)

*) Delete as appropriate or complete the missing information.

Royal Gym
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