Terms of service
GENERAL TERMS AND CONDITIONS OF WEBORN GMBH
1. GENERAL
1.1. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contractual relationships between WeBorn GmbH, with its registered office in Vienna and its business address at Invalidenstraße 11, 1030 Vienna, registered in the Trade Register of the Commercial Court of Vienna under number FN 615743 f (hereinafter referred to as "WeBorn", "we" or "us") and all its customers. This also applies to a contractual relationship between us and the customer involving a booking platform for processing bookings, as explained below in more detail manner. In the following, the word "C/customer" is used not only for male customers, but also equally for all other genders for the sake of linguistic simplification.
1.2. WeBorn operates one or more Well-Being Studio(s). Various classes in the field of heat and cold application and their teaching can be consumed and experienced via WeBorn.
1.3. These GTC shall be brought to the customer's attention before any contract is concluded and the customer expressly recognizes these GTC as the sole contractual basis.
1.4. The GTC are available on the WeBorn website at https://weborn.com/policies/terms-of-service . WeBorn will also hand out the GTC in the studio on request.
1.5. These GTC shall apply exclusively and predominantly. Conflicting or deviating terms and conditions shall only apply if WeBorn has expressly agreed to them in writing.
1.6. Furthermore, WeBorn reserves the right to amend these GTC and/or the services in accordance with the provisions of this clause at any time with effect to the the existing contractual relationship. Customers will be notified of such changes by e-mail with a reasonable period of notice before the changes take effect, but at least 30 calendar days before the planned effective date of the respective change. In the respective notification of change, customers will be informed about their right to object and the consequences of an objection or failure to object. If a customer does not object within 30 calendar days as of the receipt of the e-mail notifying about the change, this customer hereby irrevocably agrees that these changes shall be deemed to have been effectively agreed from the expiry of the deadline. In the event of an objection, the contractual relationship shall continue under the previous conditions until its expiry. In the case of a long-term subscription, WeBorn reserves the right to terminate the subscription in the event of an objection by the customer. After expiry or termination, the customer may no longer rely on WeBorn's services under the previous conditions, but only under the conditions applicable at that time. A new booking of the respective subscription or service catalog may be necessary in these cases.
2. SERVICES, PRICES, CONTRACT TERM
2.1. We offer our services in the form of classes, which the customer can only book electronically. Classes are booked via Eversports, respectively either (i) by the customer being redirected via the WeBorn homepage to the Eversports homepage integrated into the WeBorn homepage or (ii) by the customer registering directly via the Eversports website or app. In order to be able to register, a customer account must first be created, for which the customer requires at least a valid e-mail address and a password of their choice. Before booking classes, it is also necessary for the customer to agree to WeBorn's terms and conditions (the GTC) and privacy policy as well as a disclaimer.
2.2. A booked class can be canceled by the customer via Eversports free of charge up to a maximum of 12 hours before the start of the class via WeBorn's or Eversports' website or app. The class will be credited back to the customer's account so that the customer can book a new class with it. Cancellations made less than 12 hours before the start of the class will not be accepted by WeBorn and the class credit used will not be refunded. When using an Unlimited Membership, canceling less than 12 hours before the start of the class will result in a booking blockage of 2 weeks.
2.3. We reserve the right to cancel classes before their start without giving reasons. We will only cancel at short notice if unforeseeable and significant reasons prevent us from holding the class. If the number of participants is less than 3 customers per class or for other important reasons (e.g. illness or inability of the guide assigned to the class), WeBorn is permitted to cancel the respective class on short notice (including in our studio by WeBorn staff). In any case, we will inform customers who have booked a class of any cancellation and will not charge any fee/credit for the canceled class. The customer shall have no further claims, subject to the other liability provisions of these GTC.
2.4. The contract content, i.e. including the information provided by the customer regarding the booking process, is stored by Eversports and can be viewed by the customer on the Eversports platform. Irrespective of this, Eversports will send a booking confirmation as well as the acceptance of the order of the package/membership/voucher immediately after sending it by means of an automated e-mail to the e-mail address provided by the customer. Only upon receipt of this e-mail confirmation from WeBorn or Eversports he contract is considered concluded between WeBorn and the customer on the basis of these GTC and the liability waiver.
2.5. WeBorn offers the customer the following memberships/packages, which WeBorn can change, extend or restrict at its own discretion, whereby these changes have no effect on an existing contractual relationship (membership/package):
a) Membership 4x 20, 45 or 75min classes for EUR 50, 80 or 109, respectively, per month: the contractual duration begins with the purchase of the membership, is concluded for a specific period of 6 months and is automatically extended by a further 6 months after expiry unless it is terminated. With this membership, the customer can book a maximum of 4 classes of the specific class duration or less within a one-month-period always starting with the day you first purchased your membership. Unused classes which are not used within the one-month-period, will automatically expire. Any membership hereunder can be canceled by the customer up until the last day of the respective 6 months duration.
b) Membership 8x 20, 45 or 75min classes for EUR 90, 145 or 199, respectively, per month: the contractual duration begins with the purchase of the membership, is concluded for a specific period of 6 months and is automatically extended by a further 6 months after expiry unless it is terminated. With this membership, the customer can book a maximum of 8 classes of the specific class duration or less within a one-month-period always starting with the day you first purchased your membership. Unused classes which are not used within the one-month-period, will automatically expire. Any membership hereunder can be canceled by the customer up until the last day of the respective 6 months duration.
c) Packages 3 Months, 6 Months or 1 Year Unlimited for EUR 699, 999, or 1,799, respectively: the validity of the package begins with the purchase of it, is valid for 3 months, 6 months or one year, respectively. With this package, the customer can book as many classes as desired within 3 months, 6 months or one year.
d) Package Trial: 1 week unlimited for EUR 49: the customer can book as many classes as desired within 1 week always starting with the day you booked your 1st class. Any kind of trial package can only be purchased once per customer and only by new customers. In order to avoid misuse, every customer must identify themselves upon request before the first session of this package in our WeBorn studio.
e) Packages 3x Trial 20, 45 or 75min for EUR 29, 60 or 85, respectively: up to 3 classes of the specific class duration or less can be booked. It must be redeemed within 3 months of booking the 1st class. Any kind of trial package can only be purchased once per customer and only by new customers. In order to avoid misuse, every customer must identify themselves upon request before the first session of this package in our WeBorn studio.
f) Packages 1x 20, 45 or 75min for EUR 17, 29 or 40, respectively: 1 single class of the specific class duration or less can be booked. In this case, the class must be redeemed by the customer within 2 months from its purchase, otherwise it is deemed to have expired.
g) Packages 4x 20, 45 or 75min for EUR 49, 99 or 139, respectively: up to 4 classes of the specific class duration or less can be booked. In this case, the classes must be redeemed by the customer within 4 months after booking the 1st class, otherwise they are deemed to have expired.
h) Packages 8x 20, 45 or 75min for EUR 89, 190 or 270, respectively: up to 8 classes of the specific class duration or less can be booked. In this case, the classes must be redeemed by the customer within 8 months after booking the 1st class, otherwise they are deemed to have expired.
i) Packages 12x 20, 45 or 75min for EUR 119, 279 or 389, respectively: up to 12 classes of the specific class duration or less can be booked. In this case, the classes must be redeemed by the customer within 8 months after booking the 1st class, otherwise they are deemed to have expired.
j) Gift vouchers can be purchased from an amount of EUR 10.
k) On request, private lessons / exclusive groups for individuals and groups can be arranged under the following conditions - in deviation from the general provisions of these GTC:
· The customer or the person making the booking undertakes to pay when the appointment is made. Payment must be made in good time before the agreed class.
· Cancellation of the booked private lesson / exclusive group is possible free of charge up to 4 weeks or of a charge of 30% up to 2 weeks before the start of the booked class by written notification to WeBorn, whereby this written notification must be received by WeBorn up to 4 or 2 weeks, respectively, before the start of the booked private lesson / exclusive group. Cancellations within less than 2 weeks before the start of the booked private lessons / exclusive groups will not be accepted by WeBorn. If the customer cancels within less than 2 weeks before the start of the booked private lessons / exclusive groups or if the customer does not show up, 100% of the agreed fee will be charged.
2.6. Cancellations of memberships, packages or any other existing contractual relationship with WeBorn must either be declared to WeBorn in writing (by post or by e-mail to: office@weborn.com) or via the Eversports website or app, if this is technically possible or provided for.
2.7. The above-mentioned agreed fees are inclusive of statutory VAT.
2.8. Discounts are only granted for the respective limited promotional period.
2.9. All classes must always be paid for in full in advance using the payment methods we accept.
2.10. If the customer fails to pay an amount due without justification, WeBorn is entitled, after prior warning, to temporarily block the customer's access until the payment owed has been received by WeBorn. The contract term or all other outstanding amounts remain unaffected by the temporary blocking. The customer must compensate WeBorn for all damages incurred by WeBorn as a result of unlawful non-payment or late payment.
2.11. The customer will be informed about the content of the respective chargeable service, the prices and the payment options before concluding a chargeable contractual relationship. The customer's entitlement to a membership or package is personal and non-transferable. A purchased gift voucher code for booking a class is transferable to another person.
2.12. Upon receipt of the booking, Eversports will send a notification e-mail to the e-mail address provided by the customer in which the receipt of the booking is confirmed, and its content is reproduced.
2.13. WeBorn does not guarantee customers any specific success by participating in the classes.
2.14. The respective guide and/ or the content and/ or the type of a class can also change at short notice. The selection of guides is at the discretion of WeBorn.
3. TERMS OF PAYMENT
WeBorn accepts all of the following payment methods (currently) accepted by Eversports: Paypal, credit card, instant bank transfer. Furthermore, WeBorn accepts card payments on site or payment by invoice, whereby payment by invoice is not available for every booking type.
4. OBLIGATIONS OF THE CUSTOMER
4.1. The customer undertakes to use the WeBorn offer only in a manner and for purposes which do not violate these GTC or applicable law or infringe the rights of third parties.
4.2. The customer undertakes to participate in the classes only if he is in sufficiently good physical condition. The customer must assess on a biss of self-responsible examination whether any WeBorn class, the recommendations and suggestions within the framework of a class represent a particular risk for him due to particular general or current health impairments (e.g. previous illnesses of the musculoskeletal system or cardiovascular risks, acute colds or other illnesses) and to refrain from participating in the class if he can recognize that this is associated with a risk to his health. The customer is responsible for obtaining prior medical advice; advice is not included in the scope of services provided by WeBorn services. Customers are expressly advised to skip WeBorn classes and/or seek medical advice in advance, even if they only have minor complaints or feel unwell. WeBorn accepts no liability for failure to observe its own duty of care in this regard.
5. REVOCATION INSTRUCTION | RIGHT OF REVOCATION | CONSEQUENCES OF REVOCATION
5.1. Right of withdrawal: The customer has the right to withdraw from a contract concluded online within fourteen days without giving reasons. The withdrawal period is fourteen days from the date of conclusion of the contract. In order to exercise the statutory right of withdrawal, the customer must inform us (WeBorn; address: Invalidenstraße 11, 1030 Vienna; e-mail: office@weborn.com) by means of a clear declaration (by post, e-mail) of the decision to withdraw from the corresponding contract. The withdrawal template at the end of these GTC can also be used for withdrawal. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires. According to § 18 Z 10 Austrian FAGG, there is no right of withdrawal for classes, provided that a certain time or period is provided for the fulfillment of the contract by WeBorn.
5.2. Consequences of withdrawal: If the customer withdraws from this contract, we shall reimburse to the customer all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from the customer's choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about the customer's decision to withdraw from a contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. If the customer has requested that the services should commence during the withdrawal period, the customer must pay us a reasonable amount in accordance with § 16 Austrian FAGG, which corresponds to the proportion of the services already provided up to the time at which the customer informs us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
5.3. End of the revocation instruction: The right of revocation expires in the case of a contract for the provision of services even if we have provided the service in full and have only begun to perform the service after the customer has given his express consent and at the same time confirmed his knowledge that he loses his right of revocation upon complete fulfillment of the contract by us.
5.4. WeBorn reserves the right to revoke acceptance of the order for the package or membership or the order for the gift voucher code without giving reasons, in particular in the event of incorrect or incomplete information provided by the customer or for other reasons. In this case, any payments already made to the customer will be refunded.
6. WAITING LIST
For each class, there is a waiting list for which customers can apply. When a spot becomes available, the customers on the waiting list are automatically contacted by e-mail. If you do not move up from the waiting list to the class, no class credit is redeemed.
7. NON-APPEARANCE & LATE ARRIVAL
7.1. In the event of a no-show or of a late arrival (late is less than 2 minutes before class start) to a registered class that actually takes place, the payment obligation remains in place and there is no entitlement to a refund of the fee already paid for the missed class. When using an unlimited package, cancelation less than 12 hours before the start of the class will result in a booking blockage of 2 weeks.
7.2. Missed classes, due to no-show or late arrival, cannot be re-attended (for the same credit) unless expressly agreed otherwise. However, WeBorn may agree with the customer who was unable to attend a class that another class may be attended as an alternative. The customer has no right to demand this arrangement.
8. LIABILITY
8.1. WeBorn shall only be liable within the scope of the contract on the merits for damages to the customer (1) which WeBorn or its legal representatives or vicarious agents have caused intentionally or through gross negligence, (2) resulting from injury to life, limb or health based on a breach of duty by WeBorn or one of its legal representatives or vicarious agents, (3) in cases of liability under the Austrian Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation and (4) arising from the breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely (cardinal obligation).
8.2. WeBorn's liability in cases (1), (2) and (3) of the above paragraph is unlimited in amount. Otherwise, the claim for damages is limited to the foreseeable damage typical for the contract.
8.3. In cases other than those mentioned in paragraph 8.1 and without prejudice to the following paragraph, WeBorn's liability is excluded, regardless of the legal basis.
8.4. WeBorn or its vicarious agents or assistants accept no liability for the loss of or damage to items brought into the studio, in particular clothing, valuables and money (except for intent or gross negligence on the part of WeBorn). Customers are requested not to leave personal belongings and valuables unattended in the WeBorn studio and to lock them in the checkroom lockers.
8.5. The above limitations of liability apply accordingly to all organs, employees and vicarious agents of WeBorn. They do not change the statutory burden of proof.
9. USE OF THE STUDIO
9.1. Granting of access:
a) Customers are only permitted to enter the studio 20 minutes prior to class start and are only permitted to participate in the class they have booked. If no class has been booked, participation cannot be guaranteed. At the end of a class, customers must leave the class area without unnecessary delay and after appropriate follow-ups (e.g. appropriate stretching) independently and without being asked. In particular, the instructions of WeBorn staff must be followed. Latest after 30 minutes after a class end, the studio closes.
b) Customers will receive a booking confirmation, which must be shown upon request to the guides or persons authorized by WeBorn before the respective class. To prevent misuse, proof of identity may also be required in the cases mentioned under point 2.5.
c) A booking confirmation is not transferable to other persons.
d) Animals or third parties may not be brought into the studio premises.
e) Packages and memberships cannot be shared amongst people. A package or a membership is always only valid for 1 specific person.
9.2. Rules of conduct, refusal of admission and exclusion:
a) Customers under the influence of alcohol or other addictive or narcotic substances are prohibited from entering the studio and may be denied access to the studio and participation in the booked class for the duration of their impairment. It is strictly forbidden to smoke or consume alcoholic beverages or narcotics in the studio. In the same way, it is prohibited to offer, provide, hand over or otherwise make available to third parties in the studios prescription drugs that are not for the personal and medically prescribed use of the customer, addictive drugs and/or other substances that are intended to increase the member's physical performance (e.g. anabolic steroids), as well as alcoholic beverages, whether in consideration of a fee or free of charge.
b) Customers must refrain from making unnecessary noise, causing nuisance and endangering other customers or studio staff. Customers must take care for and respect other customers and WeBorn staff. The instructions of the employees and guides leading the classes, as well as the other WeBorn studio staff, must always be followed. If customers make too much noise, WeBorn can refuse them to join a class or can kick them out of the class. The customer will not be reimbursed for the lost class credit.
c) In the event of gross or repeated violations by the customer of the contract concluded with WeBorn, including these GTC, against the legitimate instructions of WeBorn and its employees, or against the hygiene regulations, WeBorn may terminate the contract for good cause with immediate effect.
d) Customers are obliged to use the studio and WeBorn facilities (including the sauna and cold pool) with care.
9.3. Hygiene regulations:
a) Bringing your own food and drinks into the WeBorn premises for mere consummation is prohibited. Drinks in sealable bottles - except for glass bottles - may be consumed during the class.
b) All areas of the studio must be kept clean. Waste must be disposed of in the bins provided.
9.4. Dress code: Customers are required to wear clean and non-marking swimwear and slippers and to bring their own shower towel and sauna towel to each class. The sauna towel has to be big enough, so that no body part touches the wood of the sauna. Immediately after entering the studio, shoes must be removed in the entrance area of the studio. It is prohibited to enter the studio area with shoes after the entrance area, and in any case the class area, without exception.
10. OPENING HOURS
The respective times of the classes can be viewed on the website or on the Eversports booking platform. The studio can be entered 20 minutes prior to class start and closes the class doors 2 min before class start. The studio closes 30 minutes after the end of the day's last class.
11. DATA PROTECTION
Further information on the handling of personal data can be found in our data protection information, which can be accessed at https://weborn.com/policies/privacy-policy.
12. APPLICABLE LAW, PLACE OF JURISDICTION
12.1. These GTC and the business relationship between the customer and WeBorn, including any questions regarding the valid conclusion of a contractual relationship and including any disputes, shall be governed by the laws of the Republic of Austria, excluding private international law, conflict of law rules, conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
12.2. If, according to the law applicable to your place of residence, the agreement of a foreign place of jurisdiction for civil proceedings against you is not permitted, the court responsible for your place of residence shall have jurisdiction for any disputes, in all other cases the court responsible for Vienna in commercial matters, for consumers resident in Austria the court responsible for their place of residence.
13. OTHER
There are no verbal or written collateral agreements. Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions which come closest in a legally permissible manner to the invalid provision.
14. DISPUTE RESOLUTION PROCEDURE
We do not participate in dispute resolution proceedings before a consumer arbitration board.
15. Sample withdrawal form (for consumers)
If you wish to cancel the contract, please fill out this form and send it back to us:
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To:
WeBorn GmbH
Invalidenstraße 11, GL Top I & II
1030 Vienna
E-Mail: office@weborn.com
I hereby revoke the contract I have concluded with WeBorn.
· Name of the consumer (first and last name): ________________________
· Address of the consumer: ___________________________________
· E-mail address used for registration: ___________________
· Signature of the consumer: ______________________________
· Date: _____________
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