Kathrin Furtner, registered entrepreneur, Tulpengasse 3/19, 1080 Vienna, as the organizer (hereinafter "organizer") of "The Happy Place" offers certain services (sports courses). These general terms and conditions (GTC) apply to all services provided by The Happy Place, even in the event that these are provided by any employees of the organizer and not the latter himself. The services include all classes as part of the regular timetable as well as additional workshops that the organizer organizes and leads if necessary. Customers agree to these terms and conditions by registering for the course units via Eversports or MyClubs, whereby the more precise registration modalities are explained in point 3 and can also be accessed on the website www.thehappyplace.at . The terms and conditions are also available in the respective studio before the start of the course units.
The Happy Place services take place at the following different locations:
Online via Google Hangouts
Studio Yoga Atelier, Blindengasse 7-9, 1080 Vienna
Studio Krafftgasse, Rembrandtstrasse 26, 1020 Vienna
Studio New Wave Gym, Liniengasse 14, 1060 Vienna
Studio New Wave Gym, Schwindgasse 4, 1040 Vienna
Studio Feelgoodstudio, Burggasse 31, 1070 Vienna
Studio Feelgoodstudio, Paulanergasse 13, 1040 Vienna
In the event of the closure or business interruption of one location, the customer has the right to consume his / her service at another location of The Happy Place.
2. Obligations of customers
Upon payment of the service on site, the customer is entitled to participate in the booked unit and to use the facilities of the respective studio (classroom, toilets, shower, changing room and anteroom). During the stay in the studios rented by The Happy Place, the customer must behave in accordance with the instructions of the employees and keep the rooms clean and undamaged. There must be neither a disruption of the operation nor an impairment of other participants. In the event of violations of these general provisions or specific instructions from the organizer, The Happy Place reserves the right to expel the customer from the lesson immediately. However, the customer is not entitled to reimbursement of the costs of the hour in which the violation occurs.
If the customer has paid additional hours that have not yet been used, the organizer is entitled to withdraw from the contract with the to withdraw from the respective customer (immediate termination of the contract for important reasons in the customer's sphere). In this case, any costs already paid for unused course units (block of 5 or 10) will be reimbursed. Irrespective of this, the customer is liable for damage caused by him / her to the studio equipment in accordance with the applicable damage compensation rules of Austrian law if it can be proven that the damage was caused.
The organizer is entitled to refuse the provision of services in individual cases before payment to individual customers (e.g. customers who are under the influence of alcohol or drugs, customers who have already been injured before the hour, etc.). Such a rejection can lead to a reimbursement of services not yet consumed for units that have already been paid for. In principle, the organizer reserves the right to refuse to provide services to individual customers without giving reasons.
Access to the premises and participation in the lessons require the customer to appear on time. People arriving late cannot take part in the respective unit; In the case of a trial or individual unit that has not yet been paid for, this has no further effect, but in the case of a block that has already been paid for, the respective unit lapses if the customer was registered via Eversports or MyClubs.
3. Conditions of instruction
The following conditions apply to all services provided by The Happy Place:
3.1 General requirements
Every customer declares with his / her registration that he / she is physically healthy and mentally stable as well as able to cope with the relevant physical and mental demands. The services offered are not intended as a therapy or healing program. They are in no way a substitute for medical care or prescription of medication. If in doubt, consult a doctor.
Contract period & offers
The contract period varies depending on the offer selected. The following variants are available:
Trial lesson: Valid once after prior registration via Eversports and only for new customers.
Individual lesson: The customer is entitled to participate in an individual lesson after registering in advance via Eversports.
Block of 5: The customer is entitled to participate in 5 hours after prior registration via Eversports for a period of 6 months from the end of the month in which the payment was made.
Block of 10: The customer is entitled to participate in 10 hours after prior registration via Eversports for a period of 6 months from the end of the month in which the payment was made.
4 Happy Hours: Within one month after purchasing the subscription, the customer is entitled to participate in 4 hours after prior registration via Eversports. The minimum term of the subscription is 3 months, the notice period is one month. The subscription can therefore be canceled after 2 months at the earliest with one month's notice. If the subscription is not canceled, it is automatically extended by one month at the end of the respective billing period.
8 Happy Hours: Within one month after purchasing the subscription, the customer is entitled to participate in 8 hours after registering in advance via Eversports. The minimum term of the subscription is 3 months, the notice period is one month. The subscription can therefore be canceled after 2 months at the earliest with one month's notice. If the subscription is not canceled, it is automatically extended by one month at the end of the respective billing period.
The blocks and subscriptions are not transferable between individual customers. It is expressly pointed out that it is the customer's responsibility to redeem the blocks within the agreed period of 6 months from the day of purchase or within one month from the day of purchase in the case of subscriptions. In principle, there is no entitlement to a refund of the value of services not consumed.
The organizer sets the minimum age for the use of the services it offers to be 15 years. Contracts are therefore concluded with adults and minors between the ages of 15 and 18, provided that the latter either have sufficient power of disposal themselves or have the consent of their legal guardians. The organizer reserves the right to request proof of this consent in individual cases.
3.3 Registration for course units
Registration for course units takes place via the Eversports booking platform or the MyClubs booking platform. By confirming the respective booking platform, participation in the respective unit is guaranteed. It is possible to attend an hour without prior registration, but in this case participation cannot be guaranteed due to lack of space.
Registrations will be considered in the order in which they are received. If an hour is already full, there is the option of being put on a waiting list. If a booking is canceled, the next participant from the waiting list will be informed.
Cancellation of the registration for the respective unit is possible free of charge by e-mail or via Eversports up to 12 hours before the start of the unit. The Happy Place advises that reservations canceled less than 12 hours before the start of the hour will be charged accordingly to block holders.
3.4 Prices and terms of payment
The course fees are bindingly announced by The Happy Place on the website www.thehappyplace.at. The course fees apply at the time of registration (registration via Eversports or, if there is no online registration, the time of payment on site). All fees include the sales tax applicable in Austria at the time of registration. Trial lessons, individual units and blocks are only paid for in cash on site and before the start of the respective unit; if a block is purchased, a one-off payment is made. To purchase a subscription, the customer provides a valid account number from which the corresponding amount is debited monthly.
3.5 The Happy Place's Liability
Participation in the lessons of The Happy Place is at your own risk. The customer is aware that the courses offered are associated with a risk of injury. All exercises are carried out under the appropriate instructions of the organizer, but ultimately at your own risk. It is the responsibility of the course participant not to perform an exercise due to a potential risk of injury or due to the assessment of their own abilities or health / physical condition.
The Happy Place assumes no liability for items lost during the sessions. The Happy Place is only obliged to pay damages in all cases in question in the event of willful intent or gross negligence. The Happy Place is only liable for personal injury, even in the event of slight negligence. The Happy Place is not liable for indirect damage or damage resulting from claims by third parties.
3.6 Health status of customers
The customer assures that he / she does not suffer from an infectious disease and that there are no medical reasons to prevent participation in the lessons at The Happy Place.
Chronic illnesses, illnesses of the musculoskeletal system as well as other physical or psychological ailments, which could influence the customer in his / her participation in the class, are to be communicated to the course leader in each case before the beginning of the lesson. A (potential) pregnancy must also be announced before the start of the hour.
The customer is aware that none of the classes taught by The Happy Place is a (medical) form of therapy or a non-medical practice that replaces a doctor's visit. Participation under the influence of alcohol, drugs or unusual medication is prohibited.
4. Accident / illness
If the customer is demonstrably unable to participate in the units within the agreed period of the block or current subscription that he / she has purchased due to a health problem in the long term (failure of more than 4 weeks) due to a health problem, a Pausing or, if necessary, aliquot reimbursement of the block or subscription prices paid is possible. The organizer decides on a reimbursement according to the circumstances in each individual case.
The Happy Place reserves the right to make changes to the timetable at short notice in exceptional situations (e.g. accident or illness of the organizer). If necessary, the organizer will inform about such changes via the website and, if possible, offer alternative dates. Such short-term changes generally do not lead to the possibility of repayment of block units that have already been paid for (exception: failure of the units for a period of more than 4 weeks).
6. Data protection
The Happy Place processes customer data as part of the administration of its customer business relationships. This data processing is carried out in accordance with the provisions of the General Data Protection Regulation of the European Union VO (EU) 2016/679 and the Austrian Data Protection Amendment Act 2018 (Federal Law Gazette I No. 120/2017) and is used exclusively for course administration and customer identification and for your own advertising purposes. This concerns the following customer data: name, address, email address, date of birth, signature. These data are provided by the customers themselves when registering. The provision is voluntary, but The Happy Place cannot provide its services to the respective data subject without disclosing the data mentioned. The data provided by the customer will not be passed on to third parties at any time. The data processing described is based on the legal basis of Art 6 Paragraph 1 lit b GDPR (necessary to fulfill the contract or to carry out pre-contractual measures at the request of the person concerned). Customers are entitled to (i) check whether and which personal data The Happy Place has stored about them and to receive copies of the data, (ii) the correction, addition or deletion of the data that is incorrect or not processed in a legally compliant manner, to demand (iii) to require The Happy Place to restrict the processing of the data, (iv) to object to the processing under certain circumstances, (v) to demand data portability, (vi) the identity of third parties (recipients ) to whom the data will be transmitted and (vii) to lodge a complaint with the competent authority. If the customer has any questions or concerns in this regard, the organizer is at firstname.lastname@example.org by Email available.
7. Severability Clause
Any verbal subsidiary agreements are ineffective. The right to correct errors as well as printing and calculation errors is reserved. Should individual provisions of the General Terms and Conditions of Business and Participation be or become wholly or partially ineffective, this shall not affect the validity of the remaining provisions. In place of the completely or partially ineffective regulation, another appropriate regulation shall apply, insofar as this is legally permissible, which comes as close as possible in economic terms to the original regulation.
8. Place of jurisdiction
Austrian law applies. The place of jurisdiction is the competent court in Vienna.