Terms and Conditions
1. Scope, Amendments to the General Terms and Conditions, Means of Payment
These General Terms and Conditions (GTC) govern the legal relationship between TrainSpot GmbH and its customers. In the following, TrainSpot GmbH shall be referred to as the company responsible for concluding membership agreements for the RE4MER Training facility.
Certain services and products offered by TrainSpot GmbH are subject to specific contractual provisions. Please note that amendments to these GTC and other usage regulations (such as operating regulations and privacy policies), which form an integral part of the GTC, are reserved. In the event of amendments, we will notify you appropriately. You have 30 days to object to such amendments in writing if you do not accept them. Otherwise, the previous GTC shall remain applicable until the end of your contract. Please note that no additional rights may be derived from amendments to the GTC. The current contractual terms are always available at www.re4mer.ch.
2. Membership
The membership agreement is personal and non-transferable. Persons aged 15 and over may enter into a membership agreement provided that they have the consent of a legal representative. Membership agreements concluded online become legally effective once TrainSpot GmbH has received payment.
3. Obligation to Provide Information
Customers are required to notify the company of any changes to contract-relevant information (e.g. name, address, email address) within 14 days.
4. Services and Products Offered
TrainSpot GmbH offers various memberships and services, which vary depending on the selected plan. Other services offered at TrainSpot GmbH facilities, such as personal training, socks, training clothing and training equipment, are not included in the membership fee.
There is no possibility of a refund or exchange for additionally paid services. In the event of an incorrect delivery, this must be reported to TrainSpot GmbH by email within 3 working days of receipt, together with proof of purchase.
Cancellations of chargeable services are possible up to 48 hours before the scheduled appointment. Rescheduling an appointment or failure to attend chargeable services will result in the forfeiture of the entitlement to the service, and the service will be charged.
TrainSpot GmbH reserves the right to change the location, opening hours and equipment of its facilities. Course schedules and services not included in the membership fee may also be changed at any time.
5. Registration Upon Entering the Facility
Upon entering the facility, customers undertake to register using the tablet provided. This registration is mandatory and serves to record the customer's presence on the premises.
Registration on the tablet must be carried out in accordance with the operating instructions and enables comprehensive monitoring and management of attendance.
6. GTC, House Rules, Usage Regulations and Instructions
Customers are required to comply with the GTC and follow the instructions of the staff. The operating regulations form an integral part of the membership agreement.
The current hygiene regulations of the Swiss Federal Office of Public Health (FOPH) and the instructions of the staff must be followed within the facilities.
Access to the facilities is prohibited for persons displaying symptoms of illness, suspected of being infected with transmissible pathogens, or subject to officially imposed or self-imposed quarantine.
Even if the hygiene regulations are complied with, the risk of infection cannot be completely ruled out, and TrainSpot GmbH shall not be liable for infections.
In the event of serious or repeated violations of the house rules or instructions of the staff, TrainSpot GmbH reserves the right to impose a ban from the premises and terminate the membership agreement with immediate effect. There shall be no entitlement to a refund of the membership fee.
In the event of serious disruption to training operations caused by a customer, no prior warning is required.
Customers and third parties are prohibited from offering goods or services, whether for payment or free of charge, within the facilities without the express written authorization of TrainSpot GmbH.
7. Payment and Default of Payment
The membership fee is based on the applicable price list available at www.re4mer.ch.
Access to the facilities is only permitted once payment has been received, and payment is due regardless of the actual use of the services offered.
In the case of advance payments, the membership fee must be paid in a single payment upon conclusion or renewal of the contract and before the start of the contractual period.
Single-entry and multiple-entry passes are personal and non-transferable. A single-entry pass entitles the holder to participate in one course once.
8. Liability
Participation in the courses is at the customer's own risk and responsibility.
To the extent permitted by law, TrainSpot GmbH excludes all liability for direct and indirect damages. Customers are responsible for taking out appropriate insurance.
TrainSpot GmbH shall not be liable for the loss of personal belongings, valuables, cash or clothing in the training areas or changing rooms.
Customers shall be liable for any damage they cause to training facilities and equipment, as well as for the loss of borrowed items, in accordance with the house rules, and shall reimburse TrainSpot GmbH in full for the necessary repair and replacement costs.
9. Opening Hours and Suspension of Operations
The available reformers are accessible from Monday to Saturday during the advertised lesson times, except on statutory public holidays and during inspection, cleaning, renovation or refurbishment work, as well as special events or occasions.
The locations, opening hours and equipment of TrainSpot GmbH's facilities may be changed at any time.
In the event of interruptions to operations due to inspections, maintenance or construction work or special events, there shall be no entitlement to a refund of fees already paid in advance or to an extension of the contractual period.
Likewise, there shall be no entitlement to a refund or extension of the contract in the event of interruptions to operations due to force majeure (e.g. fire, epidemics, pandemics, government restrictions or strikes), or due to official orders or other measures taken by government authorities.
10. Contract Suspension and Periods of Inactivity
Failure to use the RE4MER training courses does not entitle the customer to a reduction in the membership fee or a refund of the membership fee.
All customers with an annual membership are entitled to request a suspension of the contract under certain conditions.
In the event of valid reasons (such as illness, pregnancy, accident or business-related stays abroad), the membership may be suspended for a period of at least 3 and at most 9 months; however, there is no entitlement to such a suspension.
The suspension must be requested before the period of absence, together with the relevant confirmation or certificate.
Shorter periods of absence shall be taken into account by extending the term of the annual membership from 12 to 13 months.
A retroactive suspension is only possible in the event of illness or accident and must be requested within the first month after the medically certified inability to train has been established. Applications submitted after this period will no longer be considered.
For vacation periods of at least 3 and at most 9 months, a suspension is possible once, provided that the relevant travel documents are submitted.
The administrative fee for a vacation suspension is CHF 50.00 and must be requested before the period of absence.
The corresponding time credit will be granted without interrupting the existing contractual term. Cash refunds are excluded.
In the event of an improper or abusive suspension of the contract, TrainSpot GmbH reserves the right to terminate the membership agreement without notice and without refunding the membership fee.
If a customer enters the facility during a contractual suspension, the suspension shall immediately and irrevocably end.
Retroactive suspensions can only be considered for periods during which the customer did not enter any TrainSpot GmbH facilities.
11. Contract Term and Termination
The contractual term is determined by the respective contract and begins upon conclusion of the contract by the customer.
In the case of advance payments, the membership agreement automatically ends after the agreed contractual period without the need for termination.
Early termination of the contract may only be granted in special circumstances, such as prolonged illness, accident or a permanent move outside TrainSpot GmbH's training area (more than 30 kilometres), and there is no entitlement to such early termination.
The membership agreement must be submitted to RE4MER Training together with a written request and the required supporting documentation, such as a medical certificate, confirmation from the employer or proof from the residents' registration office.
For a 12-month membership agreement, the customer is entitled to a refund or waiver of part of the membership fee actually paid until the end of the 6th month. After this period, the membership shall be deemed completed.
The following refunds apply during the first six months:
- Month 1: 50% of the contract price
- Month 2: 40%
- Month 3: 30%
- Month 4: 25%
- Month 5: 15%
- Month 6: 10%
- From Month 7 onwards: No refund
The calculation is based on the total amount due, less a fee of CHF 30.00 for administrative expenses.
12. Video Surveillance
Customers acknowledge and consent to the fact that certain areas of TrainSpot GmbH's facilities may be monitored by video for quality and safety reasons and to ensure compliance with the Qualitop certification requirements.
Changing rooms and sanitary facilities are excluded from such surveillance.
13. Data Protection
The processing of personal data in connection with membership agreements is subject to the provisions of the Privacy Policy.
The Privacy Policy contains information on how TrainSpot GmbH handles personal data, particularly in connection with membership agreements. It describes the purposes for which personal data is processed and the rights of data subjects with regard to their data.
The Privacy Policy is available online, currently at www.re4mer.ch/datenschutz.html.
By entering into the contract, customers accept the processing of their personal data as described in the Privacy Policy.
14. Applicable Law and Place of Jurisdiction
These GTC and the membership agreements concluded thereunder are governed exclusively by substantive Swiss law.
The application of the conflict-of-law rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) is excluded.
The courts in Solothurn, Switzerland, shall have exclusive jurisdiction over all disputes arising in connection with these GTC and the membership agreements.