1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts of The COI GmbH, Handelskai 265, 1020 Vienna, for the use of its training facility and equipment (hereinafter referred to as “The COI Vienna”).
2. a member is a person who is authorized to enter and use The COI Vienna on the basis of a contract concluded with The COI GmbH. The right of access and use is limited to the duration of the respective membership contract.
3. the contract between The COI GmbH and the member is concluded by signing the membership contract at The COI Vienna or by booking a rate model (e.g. drop-in, block tickets) via the website of The COI GmbH (https://www.thecoi.at) or via the booking system used by it (currently Eversports). Contracts with minors (under the age of 18) can only be concluded with the written consent of their legal representative. A transfer of membership is excluded.
4. the contract concluded for the agreed term shall be automatically extended by the originally concluded contract term unless the member terminates the contract in writing within two weeks prior to expiry. The COI GmbH undertakes to inform the member separately and in good time, i.e. before the start of the notice period, of the option to terminate the contract if the contract is otherwise extended. The right to extraordinary termination remains unaffected by this.
5 The COI GmbH has the right to terminate the contract at any time without giving reasons. If the contract is terminated for reasons for which the member is responsible, the member is obliged to pay the agreed membership fee until the end of the agreed contract term. A reason for termination for which a member is responsible exists in particular if the member is in arrears with the payment of the membership fee and the outstanding membership fee is not paid in full despite a grace period of at least 14 days or the member violates the applicable GTC or the house rules despite a written warning. In this case, the outstanding membership fee is due for payment immediately.
6. if the member proves by means of a medical certificate that he/she is prevented from using the services of The COI GmbH due to illness, injury, pregnancy, etc., the membership contract may be suspended at the express request of the member for the expected duration of the illness or inability to exercise as confirmed by the doctor. However, closures are only possible on a monthly basis and for a maximum of 6 months. Decommissioning extends the contract term accordingly. The member is exempt from paying the membership fee for the duration of the closure. The member may not use the services of The COI GmbH during the period of closure. If the member makes use of the services of The COI GmbH despite the closure, there is no exemption from the payment obligation.
7 The COI GmbH makes its facilities and equipment available to members during opening hours. The opening hours are available in the annex or can be viewed on the website of The COI GmbH (https://www.thecoi.at). The COI GmbH reserves the right to change the respective timetable and opening hours or to cancel group lessons without substitution for business reasons and at its discretion.
8. the member declares that he/she has been informed in detail about the risks of training and the sport of CrossFit when concluding the membership contract and before starting training. The member also declares that in the event of a training injury that he/she may sustain in the course of training, he/she will not make any claims for damages whatsoever against The COI GmbH. Training is at your own risk. Liability of The COI GmbH for damages of any kind is expressly excluded.
9. the member confirms that he/she has consulted a doctor before starting training and that there are no health problems that would prevent participation in a group class or independent training using the Open Gym offer. Any health problems arising at a later date must be reported to The COI GmbH or its employees on the participant’s own initiative before each training session.
10. if a member learns of his/her own pregnancy after signing the membership contract and wishes to continue training at The COI Vienna, the member confirms that he/she will consult a specialist again before starting training and will certify to The COI GmbH on his/her own initiative that he/she is free to train by means of a medical certificate.
11. during the stay at The COI Vienna, the member must behave in accordance with the instructions of the staff and keep the facilities clean and undamaged.
12 The COI GmbH accepts no liability for clothing and other items brought onto the premises, in particular valuables and money.
13. the member acknowledges that the changing rooms must be kept clean for reasons of hygiene. Towels and other items may not be stored outside the lockers. All items left behind are stored by The COI GmbH in a lost property box, which is emptied regularly (every two weeks). Members who wish to store items at The COI Vienna have the option of renting a locker for a fee.
Inquiries in this regard should be directed to employees of The COI GmbH or to the e-mail address contact@thecoi.at. The storage of any perishable or dangerous items is strictly prohibited. If The COI GmbH discovers that lockers are being used unlawfully, The COI GmbH is entitled to open and clear the locker concerned independently for safety and hygiene reasons and reserves the right to charge any costs incurred in connection with the opening (and cleaning) to the unauthorized user.
14 Participation in group lessons and the use of other offers (“Open Gym”) requires effective registration via the booking system used (currently Eversports). Registration is possible for seven days in advance. The “first-come-first-serve principle” applies here; places are allocated according to the time of booking. The member acknowledges that every booking is binding and that the “fair use principle” applies. Cancellations of group lessons can be canceled free of charge up to 60 minutes before the start of the course, unless different cancellation times are stated on the website of The COI GmbH or in the booking system (e.g. morning hours). For the “Unlimited” and “Off Peak” tariff models, a no-show fee of € 10 per missed session will be charged for late cancellations or no-shows from the 2nd time per month. If participation in a group lesson is not possible due to a sudden emergency (not culpably caused), The COI GmbH must be informed immediately and verifiably at contact@thecoi.at.
15. the “Off Peak” tariff model only entitles the holder to participate in the group lessons listed as “Off Peak” on the website of The COI GmbH (https://www.thecoi.at), including use of the Open Gym offer falling within the same period (time-limited use).
16. it is expressly agreed that the membership fees shall remain stable in value. The consumer price index 2020 published monthly by Statistics Austria or an index replacing it is used to calculate the value protection. The starting point for the calculation of value protection is the index figure published for the month in which the contract is concluded. The adjustment of the membership fee is based on the index figure published for the respective month of each year.
17. reimbursement of membership fees already paid is expressly excluded, as is offsetting against claims of the member against The COI GmbH. The membership fee is due for payment regardless of participation in the training sessions. Non-use does not entitle the member to a reduction or even a partial refund of the membership fee.
18. place of jurisdiction is Vienna. Austrian law shall apply exclusively, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
19 Amendments and/or supplements to the contractual terms and conditions and GTCs must be made in writing to be effective. The same applies to any waiver of this formal requirement. There are no verbal collateral agreements.
20 The member must inform The COI GmbH immediately of any changes to contract-relevant data (name, address, bank details, etc.).
21 Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remaining provisions of these GTC. Insofar as the provisions have not become part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.