1.1. Once you have signed the affiliation agreement, you become a member (hereinafter referred to as the "Member") of Happy Fitness Sàrl whose office is at 20 Poplar Street - L-2328 Luxembourg Hamm (hereinafter " Enterprise).
1.2. The Company is a private club putting its premises and equipment available to its members and works hard to ensure the best services defined upon accession. Concepts of Enterprise working under a different name Happy Fitness Sàrl does not fall within the scope of the agreements concluded under these terms and conditions.
1.3. Luxembourg law applies to the contract of affiliation.
1.4. These conditions apply to all services offered by the Company.
2.1. The Member is informed that his membership takes effect for a minimum period as mentioned on the invoice, from the payment of the amount due.
2.2. The Company reserves the right, at the end of the commitment period, to change the rates and / or terms of service. The Member will be informed by the Company one month in advance.
2.3. Membership is strictly personal and may not be transferred without the permission of the Company.
2.4. The Company reserves the right to require proof of identity when registering new members.
2.5. The Company may at any time ask the Member or Member of accompanying the proof of identity in order to check that the person attending the club is actually a member of the club.
2.6. The Member is allowed to train in the club during business hours and / or during the hours of sessions according to their age category and / or its subscription choices. More information on subscription types and schedule on www.happyfitness.lu
3. Affiliation fees
3.1. Affiliation fees are paid in advance by bank transfer or at the club by credit card, Visa or in cash with the deposit, in cash, for the RFID wristband 10 € (deposit will be returned to the restitution RFID bracelet).
3.2. In case of default by the deadline and whether the Company has requested the recovery of a debt, all sums due become immediately payable, whatever the intended mode of payment and the Company may initiate proceedings recovery.
3.3. Sending by the Company to the Member of a notice by registered letter puts the default interest at the legal rate on the amount owed to the Company. Further my payment to the Company of all arrears 15 days later after sending the notice (the stamp postmark) requires the full member and without further formalities to payment a fixed penalty irreducible and equivalent to 15% of the debt.
3.4. All prices include VAT. The Company reserves the right to modify at any time the prices in case of change in the VAT rate.
4. Privacy / Data Protection
4.1. The Company complies with the law of 8 December 1992 on the protection of privacy concerning the processing of personal data.
4.2. The Company complies with the provisions of the amended Law of 2 August 2002 (data protection - text of 08.08.2007) and the amended law of 30 May 2005 (data protection and electronic communications - coordinated text of 10.08.2011).
4.3. The controller of the Member of personal data is Happy Fitness GmbH, whose registered office is located at 20 Poplar Street - L-2328 Luxembourg Hamm.
4.4. If the Member sends its personal data to the Company, they are stored in the Enterprise database and processed for managing the client file, of the products and services, implementation of market studies, to inform the Member of the existence of new products and services and as part of the implementation of promotion and information campaigns. Personal data will not be passed to third parties, except for companies related to the Company involved in the execution of the affiliation agreement.
4.5. The Member has the right to claim the free written outline of his personal data and possibly a correction of incorrect, incomplete or irrelevant by a dated and signed request addressed to the Company and accompanied by proof of identity member (copy of identity card). The company will provide the preview later than 3 days of receipt of the request.
5. Member Bracelet (Bracelet RFID)
5.1. After signing the contract, the member is given a wristband embedded with an RFID chip. It remains the property of the Company and is strictly personal.
5.2. Access to the club and sessions is allowed only on presentation of valid bracelet.
5.3. The Company reserves the right to refuse access to the club or sitting on a Member in case of abuse with said member bracelet.
5.4. Loss or member bracelet theft should be immediately reported to the Company. This will be obliged not to return the deposit of € 10 deposited upon payment of the package selected on the membership form. A new deposit of € 10 is required for the granting of a new bracelet.
6. End or termination of membership
6.1. All subscriptions paid in full in advance automatically stop after the specified period.
6.2. . Notwithstanding Article 6.1, a Member may cancel their subscription in the minimum commitment period as mentioned on the affiliation agreement, only under the following conditions:
- For medical reasons preventing definitely sport and certified by a medical certificate issued by a doctor
- For reasons of deportation following a move to another country, and that will be attested by the notice of entry to the new address.
Only the doctor's certificate or certificate of registration in a new country that will be given to the club in the eight (8) days after being signed by the doctor or the competent authorities are valid and acceptable by the Company. However, no repayment in whole or in part can only be requested by the Member and no refund will be made by the Company.
6.3. All cancellations, all queries in relation to Articles 6.1 and 6.2. must always be made in writing to the Company. Writing means by email firstname.lastname@example.org or by mail to the following address: 20 Poplar Street - L-2328 Luxembourg Hamm. Failing a written request complies, membership continues to the known conditions. No refund in full or in part may be requested by the Member and no refund will be made by the Company.
6.4. If the Member is able to prove that the company seriously neglected its contractual obligations and if, only if, the Company is informed by the Member by registered mail within seven (7) days following the finding of that breach, the Company agrees to immediately terminate the contract and, if necessary, to pay as damages the loss suffered demonstrable, provided that the amount of that damage does not exceed the balance of affiliation fees due until the termination.
6.5. Any other method of termination as mentioned in Article 6.1. and 6.2., is considered a breach of contract abusive and illegitimate. In this case all of the membership fees
remain due. If the Member does not pay voluntarily the amounts due, the Company will engage a collection agency for the collection of the receivable. In this case, the collection agency will charge a flat rate in excess of the amounts to be recovered.
6.6. The Company may terminate the affiliation agreement to the detriment of the Member, without giving any right to any form of damage or interest if the Member does not comply with internal rules, but whether, under the present general conditions, 'Member of the club access remains refused or if that right is withdrawn.
7.1. The Company reserves the right to fully or partially close his club during public holidays and school holidays.
7.2. The Company reserves the right to modify temporarily or definitively the club's opening hours (or part thereof). At the time of signing the contract, the collective class schedules, offering in terms of equipment and devices and the opening hours are indicative and subject to change. Given the number of registrations, the Company reserves the right to unilaterally change the dates and opening hours. Class schedules and hours of operation may in no case be invoked thereafter as absolute terms (sine qua non) for the signing of a contract. The Member may not invoke these changes to terminate service.
7.3. The Company may temporarily close the club mentioned in the contract to perform the necessary repair and maintenance work.
8. Information obligation
8.1. Any changes in the personal situation of the Member (information or bank details) shall be communicated in writing directly to the club.
8.2. If these changes are not communicated (in time) and that the Company must incur costs to collect the new coordinates of the Member, the club will charge those costs to the member.
9. Personnal training
9.1. personal training services are offered by the Company and by third parties. These services are not included in subscriptions.
10.1. The Company disclaims any responsibility of its members or any third party, except (i) his liability in respect of its members in case of malicious act or gross negligence due to the Company or one of its agents; and (ii) its potential liability in case of death or bodily injury of one of its members as a result of acts or negligence on the part of the company.
10.2. Each Member is responsible for minors Members inside the club. The Company is in no case a daycare type structure or day home and ensures only sessions, workshops or activities to minors over a given time and defined by the membership and terms of his subscription.
10.3. Each Member is solely responsible for personal accidents affecting it and the responsibility of his personal items. Although the Company has taken out insurance for the member, it is still advisable for the latter to ensure properly.
10.4. The Company and its employees shall in no event be liable for any loss, damage or theft of property inside the club. The Member is asked to always store your belongings fans bins provided for this purpose.
11.1. The Member is aware that rules applies within the Company. The rules are posted in the club, and is available on request. The Member must respect the rules.
11.2. The Company or any of its employees reserve the right to refuse or prohibit at any time access to the club for people whose behavior warrants.
12. Legal provisions
12.1. Only written agreements can be reached between the Member and the Company and can only be changed in writing, with the exceptions as provided in these terms and conditions.
12.2. In the event that any of the above provisions would be considered void or illegal, the other provisions would nevertheless remain valid. Everyone is permitted to inform the Company that it no longer inscription, without financial penalty and without any reason being necessary within 7 business days of registration.