Terms and conditions
Status: January 2023
DEFINITIONS / SCOPE OF APPLICATION.
Under the name "David Lloyd Clubs", high-quality fitness and wellness facilities (hereinafter referred to as Clubs) are operated by various companies of the David Lloyd Leisure Group at several locations in Germany. These General Terms and Conditions apply to the contractual relationship between the Customer (hereinafter referred to as the Member or you) and the David Lloyd company named in the Membership Agreement (hereinafter referred to as David Lloyd or we).
2. SERVICES OF DAVID LLOYD.
The joining fee is for the administrative work required to set up your customer details, set up payment transactions and initial training/user instructions. The ongoing monthly fees include the possibility for you to use the existing sauna and training facilities, as well as to participate in the courses offered to the extent selected in each case. Not included in the contractually agreed services are the services offered by us as special services with additional prices (personal training, courses subject to a charge, Face&Body treatments, gastronomy). The membership wristband must be worn each time you visit a club.
3. CONTRACT TYPES / USAGE RIGHTS SERVICES BY DAVID LLOYD.
We offer different membership categories with different levels of use in terms of location and time. Your club will inform you of the facilities available to you and when you can use them. We will inform you of the restrictions when you become a member with us or change your membership category. All information is also available on our website.
3.1 The scope of the right to use the David Lloyd Clubs to which the member is entitled is determined by the type of contract chosen:
3.1.1 "Club": the member is entitled to use the contractually selected Club exclusively on Mondays to Fridays (excluding public holidays) until 4.00 p.m., whereby the member must have checked out within this time. If check-out is delayed, a surcharge of € 5.00 will be made for each additional hour or part thereof, payable directly on site. Use at weekends (Saturday and Sunday) and on public holidays is not included in this contract type. The member can change to the Club Plus and Platinum contract types at any time. (See point 5) The use of other David Lloyd Meridian Clubs is possible during the aforementioned periods of use with a surcharge of € 5.00 per visit, payable at the time of the visit and provided that free capacity is available in the relevant Club.
3.1.2 "Club Plus": The Member is entitled to use the contractually selected Club for an unlimited period of time during the opening hours. The use of other David Lloyd Meridian Clubs is possible with a surcharge of € 5.00 per visit, provided that free capacities are available in the corresponding Clubs. The member can change to the Platinum contract type at any time. (See point 5)
3.1.3 "Club Platinum": The Member is entitled to use all David Lloyd Clubs during opening hours for an unlimited period of time. A change to the contract types "Club" and "Club Plus" is possible under the conditions named in point 5. Additional benefit Club Platinum: Free drinks at the drinks station in the Club A shower towel and a fitness towel with every visit Access to BLAZE - our exciting new High Intensity Workout A Fitness Guest Pass monthly to share the Club with friends (valid: 30 days) Enhanced booking rights - you can now book any class at any club 9 days in advance on the app 10% discount on Face & Body treatments 10% discount on food and beverages Access to all David Lloyd Meridian Clubs, David Lloyd Club Bad Homburg and all David Lloyd Clubs in Europe.
3.2 All contracts in accordance with Sections 3.1.1, 3.1.2 and 3.1.3 can also be selected as a "Flex" variant: The initial term in the Flex tariff is 3 months and can subsequently be terminated monthly. The change from the Flex variant to a standard contract is always possible on the 1st of the following month with an initial term of 12 months.
3.3 Other contract types:
3.3.1 "Homeclub only" memberships are only offered at Club Barmbek. These memberships can only be used in only in this Club. There is no discounted admission to other clubs. Further contract contents correspond to the regular memberships.
3.3.2 "Couple": Can be selected in the contract types Club Plus and Platinum. Also available as Flex variants and via Company Fitness agreements. The initial term is 12 months. All contributions are debited monthly from the main member's account. The main member is liable for the payment of all contributions. Within the initial term, contract changes are always subject to a change to the current standard conditions.
3.3.3 "Young Adult 18-22 years" corresponds to Platinum memberships including additional services. Offer only valid for Club Wandsbek and Club Barmbek. If the prerequisites are no longer fulfilled, the contract will be changed to the current standard conditions according to the selected contract type (Club, Club Plus or Platinum).
3.3.4 "Students, pupils", use up to the age of 32 or on completion of studies/school; on conclusion of the contract as well as once a year, proof must be submitted independently. If the requirements are no longer met, the contract will be changed to the current standard conditions.
3.4 "Junior 14-17" corresponds to a Platinum membership without additional services; a drinks package can be booked for a fee. If the requirements are no longer met, the contract will be changed to the current standard conditions.
3.5 "3-13 years": exclusive use of the areas approved for the age group plus courses. Offer only in selected clubs. Requires membership of a parent or guardian. If the prerequisites are no longer met, the contract will be changed to the current standard conditions.
3.6 "0-2 years": exclusive use of the areas approved for the age group; Offer only in selected clubs. Requires membership of a parent or guardian. If the prerequisites are no longer met, the contract will be changed to the current standard conditions. All contracts for minors require a written declaration of consent from the parent or legal guardian. After reaching the age of majority, the rights and obligations of the contract are transferred to the member named in the contract. In all the above-mentioned types of contract, limited quotas of memberships are available per club. If these are exhausted, David Lloyd reserves the right not to offer any further memberships of this type of contract. This applies in particular also in the event of a change of the type of contract. David Lloyd has an electronic access control system in all clubs. To ensure secure access, the member is required to have a digital photograph taken of him/herself and stored. This applies both at the time of signing the contract and for updating purposes at least every 5 years during the current membership. In addition, the membership wristband must be worn at every visit. In contract changes to a low membership fee include a new initial term of 12 months. This also applies if notice of termination has been given in advance. This means that the already confirmed cancellation date is postponed. The membership bracelet corresponding to the selected contract will be handed out directly after conclusion of the contract or at the first check-in at the reception desk.
4. CONTRACT TERMS / TERMINATION
4.1 Terms and start of contract We offer initial contract periods of 3 or 12 months. The calculation of the contract term selected and stated in the contract begins on the day designated in the contract as the start of the contract / first debit month.
4.2 Contract extensions / notice period Contracts with an initial contract period of 12 months can be terminated by either party with a notice period of 1 calendar month to the end of the initial contract period. If the contract is not terminated in the course of the initial contract period, it shall be automatically extended for an indefinite period as long as it is not terminated by one of the parties with 1 calendar month's notice to the end of the month. Contracts with an initial term of 3 months may be terminated by either party with 1 calendar month's notice to the end of the initial contract term. If the contract is not terminated in the course of the initial contract term, it shall be automatically extended for an indefinite period as long as it is not terminated by one of the parties with 1 calendar month's notice to the end of the month.
4.2.1 Termination during the rest period
4.3 Company Fitness Special Conditions If a reduced monthly fee is granted for a contract on the basis of a framework agreement existing with a FirmenFitness partner, then if the number of members guaranteed by the FirmenFitness partner is not reached, we shall be entitled to from among its employees, we shall be entitled to reduce your discount or to refuse it completely, without this giving rise to any special right of termination on your part. The same applies in the event that the agreement with the FirmenFitness partner ends or you are no longer entitled to FirmenFitness conditions due to a change of employer. Annual proof of company affiliation must be submitted. Otherwise, if the existing contract is in its initial term, it will be changed to a standard contract with prior notice.
4.4 Form of notices of termination Notices of termination must be at least in text form.
4.5 Calculation of the period The date of receipt of the notice of termination by the other party shall be decisive for the calculation of the period of notice. Notice of termination shall be confirmed by David Lloyd's at least in text form. Proof of receipt of the notice must be provided by the Member. This is possible, for example, by sending a fax log, a registered letter with advice of receipt, a copy of your letter delivered in person to the reception desk with our stamp or forwarding a sent e-mail with an apparent date of composition/sending.
4.6 Extraordinary termination option The mutual right to extraordinary termination of the membership contract for good cause in accordance with the statutory provisions remains unaffected by the above provisions. In the event that we terminate the contract for cause, we shall be entitled to liquidated damages in the amount of 50% of the membership fees which would have been payable for the remaining term of the initial contract period. You are at liberty to prove that no damage was incurred at all, or only to a significantly lesser extent than the flat-rate damage. In the latter case, only the proven damage shall be reimbursed.
5. CONTRACT AND FACILITY CHANGE OPTIONS.
We will be pleased to inform you about the possibilities of changing your membership category or your contractually chosen club upon written request. Verbal commitments or agreements are not legally binding and will not be considered.
5.1.CHANGE OF CONTRACT The Member may change the type of contract depending on the existing type of contract as follows:
5.1.1 "Club" The member may at any time, while retaining the contract term and the originally agreed contract start date change to the contract types Club Plus and Platinum. A change to the Flexible contract type can be made at the end of the initial contract term with a notice period of one month. months' notice. There is no admission fee.
5.1.2 "Club Plus" In the case of a contract with a term of 12 months, the member can change to the Platinum contract type at any time while retaining the contract term and the originally agreed contract start date. A change to the Club contract type can be made at any time on the 1st of the following month. This includes a new initial term of 12 months at the respective valid conditions. A change to the Flexible contract type can be made at the end of the initial contract term for contracts with a term of 12 months with one month's notice. There is no admission fee in each case.
5.1.3 "Platinum" The member can change to the Club or Club Plus contract types at any time on the 1st of the following month; this includes a new initial term of 12 months at the respective valid conditions. A change to the Flexible contract type can be made at the end of the initial contract period with one month's notice. There is no admission fee.
5.1.4 "Flexible" The member can change to another contract type at any time. This includes a new initial term of 12 months at the respective valid conditions.
5.1.5 "Couple": In case of a change of the contract category or a change of club of one of the two members, the conditions of the special conditions expire. This results in a change to the current standard conditions. This does not apply to a joint change.
5.2 In the case of the Club and Club Plus contract types, the contractually selected facility can be changed at any time - taking into account the conditions for memberships in the newly selected facility applicable at that time - provided that free capacities are available in the newly selected facility. In all of the aforementioned contract types, limited contingents of memberships are available per facility. If these are exhausted, David Lloyd reserves the right not to offer any further memberships of this contract type. This applies in particular also in case of a change of the type of contract. If special conditions were granted exclusively for the selected investment (e.g. reduced admission fee) when the membership was concluded, a change of investment must be made at an early stage. a change of facility is possible at the earliest after expiry of the initial term or by subsequent payment of the difference between the discounted admission fee and the full admission fee. Individual types of discount cannot be combined. Any change of contract must be made in text form.
6. AYMENT OF DUES / DEFAULT IN PAYMENT**.
The admission fee and the first pro rata monthly fee, if applicable, are due directly upon conclusion of the contract. The monthly fee stated in the contract is due for payment in advance on the 1st of each month. The monthly fee is collected on the 3rd bank working day by SEPA direct debit. If the direct debit is not honoured for reasons for which the member is responsible, we are entitled to charge you the associated return debit fees of the banks, which will be collected with the next direct debit. In the event of arrears, a payment reminder/request will be sent by e-mail. The first attempt will be made to collect the outstanding amount in the middle of the current month. If this is still not possible, the amount will be debited in the following month. Interim payment of outstanding amounts is possible at any time at the reception desk of your club. Alternatively, the payment link in the payment requests we send out can be used. Outstanding debts will make a smooth check-in impossible.
6.1 If the member is in arrears with an amount equal to or greater than two months' dues, David Lloyd shall have the right to impose a temporary suspension of use on the member until all amounts due have been paid in full. The obligation to pay the membership fees remains unaffected by this. In the case of outstanding debts, we reserve the right to pass this on to our collection agency.
6.2 Adjustment of Membership Fees / Price Adjustment Clause David Lloyd will regularly review the agreed prices and, if necessary, make a price adjustment.
6.3 All additional services used at the Club can only be paid for at the reception desk without cash. It is possible to load credit onto the consumption account. This can be done via the app as well as via card payment at the reception.
7. SUSPENSION OF MEMBERSHIP.
7.1 Contracts may be suspended by mutual agreement for a period of at least one full calendar month at your request in the following cases and with appropriate proof: in the event of absence for work-related reasons (work outside the metropolitan region of the selected club for at least one full calendar month; proof required in advance in the form of employer's confirmation or similar), in the event of absence for school-related reasons for at least one full calendar month (school attendance/studies outside the metropolitan region of the selected club; proof required in advance from the educational institution), in the event of proven illness which prevents the use of all services covered by the contract by us and in the event of proven pregnancy. (school attendance / studies outside the metropolitan region of the chosen club; proof from the educational institution required in advance), in the event of proven illness which prevents the use of all contractual services from us and in the event of proven pregnancy.
7.2 If a rest period agreement is made, the rest period regulation interrupts the expiry of the agreed initial contract term. After the end of the rest period, the contract continues with the remaining term that existed at the beginning of the rest period agreement.
8. SATISFACTION GUARANTEE / SPECIAL RIGHT OF TERMINATION.
Both contracting parties may exercise a special right of termination within the first 14 days after the start of access. If the special right of termination is exercised within the aforementioned period, the contract shall end upon receipt of the special termination by the other contracting party. The admission fee and any monthly fees paid in advance will be refunded to you on a pro rata basis. A new membership at changed conditions is possible at the earliest eight weeks after receipt of the special termination.
9. CATERING / FITBAR
For the consumption of food and drinks at the Fitbar as well as in the pool restaurant, the prices announced there apply.
10. HEALTH / LIABILITY
10.1 You are responsible for your own health and physical condition. Our staff are available to advise and support you in your use of the Club. The trainers will draw up personal training plans on request and on the basis of the information you provide.
10.2 A temporary, non-significant breakdown of training operations or a temporary, non-significant closure of parts of a club for operational reasons or a closure of an entire club for one day does not entitle you to a reduction in membership fees. Likewise, this does not entitle you to a refund of membership fees, to the granting of a rest period, to an extension of membership including a special right of termination.
10.3 Lockers or rental lockers (to be booked exclusively at the Club Frankfurt) are provided by David Lloyd. The lockers are not supervised. The member himself/herself is responsible for locking the lockers used. member is responsible for locking lockers used. David Lloyd shall not be liable for the loss of or damage to clothing, belongings, valuables and money brought along by the Member, unless the loss or damage is attributable to gross negligence or wilful misconduct on the part of David Lloyd.
10.4 We will charge you €10.00 for the loss of the membership bracelet issued by us.
10.5 In the event of loss of the parking card, the rates, as well as the extent of liability, shall be governed by the respective parking garage operators.
11. TRANSFER OF RIGHTS The rights of the member arising from the membership are not transferable.
12. OBLIGATION TO NOTIFY Changes to your name, address and bank details must be notified to us immediately. This must be done in text form. Costs and expenses incurred by omission or delay (e.g. return debit note fees of the bank) shall be borne by the member.
13. DISPUTE ARBITRATION NOTICE According to § 36, 37 (VSBG): We will not participate in a dispute resolution procedure before a consumer arbitration board within the meaning of the VSBG and are not obliged to do so. However, the law on alternative dispute resolution in consumer matters requires that we nevertheless refer you to a consumer arbitration board that is competent for you. A competent consumer arbitration board is: General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, telephone 07851 / 795 79 40, fax 07851 / 795 79 41, www.verbraucher-schlichter.de, e-mail: [email protected].
For David Lloyd Clubs: David Lloyd Clubs Deutschland GmbH Niederstedter Weg 12 61348 Bad Homburg [email protected] www.davidlloyd.de
For David Lloyd Meridian Clubs: Meridian Spa & Fitness Deutschland GmbH Wandsbeker Zollstr. 87-89 22041 Hamburg [email protected] www.meridianspa.de