General terms and conditions
(March 1, 2019)
- Contract conclusion
- These GTCs are an integral part of every contract between VITURA GmbH and the customer. They apply mutatis mutandis to block variants and single units of any services offered by VITURA.
- The block of 10 is valid for a maximum of 4 months from the date of signing the contract, the block of 20 is valid for a maximum of 7 months from the date of signing the contract. The entitlement to this expires at the end of the 4th or 7th month after the date of signing the contract.
- For young people before the age of 18, the conclusion of a contract is only possible with the consent of a parent or guardian.
- Any termination must be in writing. Premature termination by the customer is only possible as a gesture of goodwill and will be decided individually by VITURA GmbH.
- Contributions and fees
- Contributions of the contracts are to be paid in cash or within the framework of cashless payment transactions by direct debit authorization. Chargeback fees of the bank shall be borne by the customer.
- The block variants are to be paid in advance.
- In case of late payment, 12% interest on arrears will be charged.
- A processing fee of € 10.00 will be charged for each reminder. In addition, the customer may be charged for the legal costs incurred for the appropriate prosecution.
- Each customer is entitled to a chip card personalized by his own signature to open and close the checkroom lockers. The creation of the card is free for customers from the purchase of a block of 10, otherwise you have to pay 5EUR for it. In case of loss and issuance of a new card, 5EUR is also due.
- Training sessions/dates
- Training dates are to be coordinated in advance with the respective trainer of VITURA GmbH. Agreed dates can be postponed by the customer or the trainer up to 24 hours before the start of the training and made up on a newly agreed date. In case of cancellation of the appointment less than 24 hours before the agreed date by the customer, the training session is cancelled without substitution.
- All units of the respective block variants must be used up within the agreed validity period (point I. 2.), otherwise they will be cancelled without replacement.
- The block variants comprise 5 (block of 5), 10 (block of 10) and 20 (block of 20) units respectively
- The customer is free to transfer units from his contract with VITURA GmbH to a suitable third party.
- The customer undertakes to follow the instructions of the employees of VITURA GmbH and to comply with the hygiene regulations and the house rules. Gross and repeated violations will result in the issuance of a ban from the premises. In this case, there is no entitlement to a refund of the contributions.
- VITURA GmbH is liable for personal injuries of a customer according to the legal regulations. VITURA GmbH is only liable for all other damages, such as property damage to objects brought along, etc., if the damage was caused by VITURA GmbH or by a person who is responsible for VITURA GmbH intentionally or through gross negligence.
- VITURA Ltd. is open during operating hours – Monday to Friday from 07:00 to 21:00, Saturday from 09:00 to 15:00, Sundays and holidays off. Training sessions are to be arranged with VITURA GmbH within the operating hours and are to be performed exclusively in the designated premises.
- In the event of individual closures necessary for operational reasons, such as cleaning or reconstruction of individual parts of the facilities, the customer is not entitled to a refund or an extension of his contract, provided that the extent of the closure is reasonable for the customer, especially because it is minor (no longer than one week) and objectively justified.
- VITURA Ltd. reserves the right to change its offer and the operating hours according to the experience in operation, especially with the customer frequencies. Corresponding changes are therefore minor and objectively justified. The customer is not entitled to a refund of the contributions in the event of such a change in the offer or the operating hours.
- The customer expressly acknowledges that the house rules are subject to change. These are based exclusively on operational experience and will accordingly be objectively justified. Therefore, the customer cannot derive any rights from a possible change of the house rules.
- Failure to use the training sessions does not entitle the customer to a reduction or recovery of the fees. This also applies if training sessions are not used for personal reasons of the customer.
- If it becomes impossible for VITURA GmbH to provide services for reasons for which VITURA GmbH is not responsible, e.g. force majeure, the customer is not entitled to compensation.
- Ancillary agreements must be in writing to be valid.
- Should one or more provisions of the respective contract of use (block variants and single unit) be or become invalid, this shall not affect the validity of the contract and its remaining provisions.
- VITURA GmbH assumes no liability for the wardrobe, lockers and valuables brought along.
- This contract is subject to Austrian law.
- The place of jurisdiction is Vienna. For actions against a consumer within the meaning of the KSchG, the place of jurisdiction shall be deemed agreed in whose district the consumer’s domicile, habitual residence or place of employment is located.
- Data Protection Act
With my signature I give my consent to the use of my personal data by VITURA GmbH, which can be revoked at any time. In addition to the data that I disclosed in the course of registration and all data that accrue in connection with the use and billing of services from VITURA GmbH by me, VITURA GmbH is entitled in particular (to the extent that this is expedient for the protection of my health) to use all health data disclosed by me or collected with my active participation, even if this data in individual cases is sensitive data within the meaning of the DSG 2000.
The use of my data includes the collection, storage and processing of my data by VITURA GmbH, in particular for marketing purposes. The consent to the use of personal data can be revoked by the customer at any time.
Due to the new General Data Protection Regulation, we can only provide various customer/patient services with prior consent. In order to provide you with the standard and quality of service you are accustomed to, we ask that you sign the following consent form. You can revoke this in writing at any time.
If you have any questions, please contact the reception.
- Declaration of consent
I agree that my personal information, as well as any information from my client/patient documentation, may be shared for the following purposes:
- Appointments with external medical facilities (diagnostic centers, hospitals, laboratories, etc.)
- Submissions for chief medical officer approval for diagnostic imaging to health insurance carrier
- Submission of fee notes to the health insurance company
- Forwarding of prescriptions
I expressly agree that VITURA as well as the other employees working at VITURA independent trainers and therapists on my access personal and medical data and to process and use them, as far as this is done for purposes of appointment coordination, data management, billing and treatments by other trainers/therapists in the context of the cooperation with VITURA.
The data transfer takes place with the consent of the customers. E-mails are transmitted in encrypted form.
I acknowledge that in order to contact me via phone call, SMS or common communication apps (Whatsapp), my phone number will be stored on the private cell phones of the trainer/therapist.