General Terms and Conditions

General
1. These General Terms and Conditions of Solospace Gym s.r.o. regulate, in accordance with Section 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the contract concluded between Solospace Gym s.r.o, identification number 197 66 378, with registered office at Lidická 700/19, 602 00 Brno - Veveří (hereinafter referred to as the "Company") and you (hereinafter referred to as the "User"), the subject of which is the transfer of the space specified in the relevant contract to the User for temporary use (hereinafter referred to as the "Contract").
2. Only the consumer can be a user. A consumer is any natural person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, enters into this Contract with the Company or otherwise legally deals with the Company.
3. Contact details for any questions and for all communication with the Company are as follows:
  email: support@solospacegym.cz
  telephone: +420 511 444 934
4. These General Terms and Conditions are an integral part of the Contract concluded both by using the electronic form on the website https://solospacegym.cz and in any other way. The provisions of these General Terms and Conditions apply to all relations between the Company and the User in connection with the concluded Contract, unless otherwise agreed.
Object and purpose of the Contract
1. By the Contract concluded in accordance with these General Terms and Conditions, the Company undertakes to transfer to the User for temporary use the non-residential premises located at the address according to the contract concluded in the Company's reservation system with accessories and equipment, and the User undertakes to pay the agreed price to the Company.
2. The purpose of the Contract is the use of the leased space for exercise, the use of fitness equipment, fitness accessories and the use of sanitary facilities in the immediate context of the exercise carried out in the leased space, unless otherwise agreed in advance. The User undertakes to use the leased space only for the agreed purpose.
3. The Company declares that it is entitled to use the premises and at the same time, on the basis of the Contract, to transfer the premises to the User for further use, by virtue of its ownership / lease agreement concluded with the authorised owner of the premises / sublease agreement concluded with the authorised tenant of the premises.
4. Exercise carried out in the rented space of the gym is considered a leisure time activity, and the Company provides its performance on a precisely specified (reserved by the User) date.
Conclusion of the Contract
1. Temporary use of the private gym space can be booked on the Company's website https://solospacegym.cz, under the link "Book Now" or directly via the following link: https://plugin.solospace.cz/66e495719dcdb1bb96ec1443, which will open a web interface allowing online booking.
2. The User is required to create a user account by providing a phone number to make a reservation. Only natural persons who are of legal age and have full legal capacity may create a user account. During account creation the User confirms that he/she has read and agrees to these General Terms and Conditions by checking the appropriate checkbox.
3. The User chooses the date that suits him/her in the web interface (it is possible to select several dates at the same time) and fills in the required personal data before payment, unless he/she has already entered them during the previous booking or has entered them on the "Profile" page, in which case the saved data will be used. The User undertakes to provide true identity information when making the reservation.
4. When creating an order via the web interface, the selected dates remain reserved for the User for 15 minutes. If the User does not make payment for the selected dates within this interval, these dates are automatically released for further bookings.
5. Before payment, the User has the possibility to check and change or remove his/her reservation.
6. By clicking on the "Book and proceed to checkout” or “Add to cart and continue" button, the User confirms that he/she is eligible and authorised to enter into the Contract on the agreed terms and conditions. By submitting the electronic form, the User expressly confirms that he/she is fully capable of exercising his/her legal capacity.
7. By clicking on the "Proceed to payment" button, the User will be redirected to the payment gateway page where he/she can make the payment for the reservation. In case of a successful payment, the amount to be paid will be blocked in the account from which the payment was made. If during the payment process the time specified in point 3.4 expires, the money will be automatically unblocked and the reservation will be cancelled. Otherwise, the money will be automatically debited and a binding reservation will be created for the date on which the User will be given the gym space.
8. Once the payment for the order has been processed, information about the order, including the invoice, will be available to the User via the "Orders" button on the "Profile" page. Existing bookings are also available on the "Bookings" page.
9. The company, as the operator of the https://solospacegym.cz website, is not liable for errors resulting from third party interference with this website or the web interface or from its use contrary to its intended purpose.
10. The User agrees to use a means of communication that allows the conclusion of the Contract without the simultaneous physical presence of the parties (hereinafter referred to as "remote means of communication") when concluding this Contract. The costs incurred by the User in using the means of distance communication in connection with the conclusion of the Contract (costs of Internet connection, costs of telephone calls, etc.) shall be borne by the User.
11. The content of the concluded Contract consists of the data provided by the User in his/her reservation and the provisions of these General Terms and Conditions. The concluded Contract, including the General Terms and Conditions, is archived by the Company in electronic form. This Contract is not accessible.
12. The contract can be concluded in Czech or English
Price
1. The price for the temporary use of the gym space is set for a time period of 60 minutes, while the price of individual time periods may vary according to the specific day and time selected by the User.
2. The price for temporary use of the premises is specified in the Company's price list available on the website https://solospacegym.cz and is also displayed in the ordering system in relation to the selected period of time.
3. The price for the temporary use of the premises may be paid exclusively in non-cash form through a payment gateway.
Duration of the Contract, handover of the premises to the User
1. The contract is always concluded for a fixed period, usually for 60 minutes or for a duration of 60 minutes with increments of 15 minutes. The User acknowledges that the duration of the Contract includes all activities related to the preparation for the use of the subject premises and the termination of the use of the subject premises, such as changing into sports clothing, returning the fitness equipment to its original place, use of the toilet facilities and shower. The duration of the Contract shall not be affected if the User starts using the transferred premises late or, on the contrary, ends their use early.
2. The User will be allowed to use the premises earliest at the time of the beginning of the term of the Contract. In order to enter the premises, the User will receive a code for the entrance door to the leased premises via SMS. This code is only functional at the moment of the start of the Contract term. When entering the premises, the User shall close the door behind him so that no one else can get in. The User acknowledges that the access code sent is intended exclusively for his/her person and that he/she is not entitled to share this code with third parties.
3. At the end of the Contract Term, the User shall return the Premises to the Company in the condition in which it was taken over at the beginning of the Contract Term.
  The User shall return all equipment to its original location and, when leaving the Premises, shall always close the main door to prevent anyone else from entering. The User shall furthermore secure all used equipment and tools as indicated on the manuals for the use of such machines and equipment located in the premises. The User shall be liable for any damage that occurs if he fails to secure all equipment according to the instructions for use posted on the premises.
Amendment of the Contract
1. At a time more than 24 hours before the start of the Contract period, the User is entitled to cancel the reservation. In this case, the money will be refunded back to the bank account number from which the payment was made
2. The User is not entitled to cancel the reservation less than 24 hours before the beginning of the Contract period. In this case, the User is not entitled to a refund of the price already paid.
3. In the event of an objective event that arises independently of the Company's will and which prevents the Company from fulfilling its obligations, the Company shall be entitled to change the term of the Contract at the User's additional choice or the Company shall be entitled to withdraw from the Contract. In such case, the Company shall refund the User the full price paid without undue delay.
Rules for the use of leased premises
1. The Company undertakes to hand over the premises to the User in a condition suitable for the agreed use and to duly fulfil all obligations arising from the Contract and the General Terms and Conditions.
2. The User is obliged to use the premises exclusively for the agreed purpose and to the agreed extent.
3. The User is not entitled to make any alterations or modifications to the Premises or to carry out any activities which may cause damage to the health and/or property of the Company or any third party.
4. The User is obliged to allow the Company access to the premises at any time in order to check their proper use by the User.
5. Upon arrival to the gym and before the start of the exercise, the User is obliged to check whether the equipment of the premises, i.e. the gym equipment, is not damaged and whether it is fully functional. If the User discovers any damage or non-functionality, the User undertakes to notify the Company without undue delay.
6. The space made available for use under this Contract is equipped with instructions for the use of fitness equipment and Operating Rules, which the User undertakes to comply with.
7. It is strictly forbidden to enter the premises under the influence of alcoholic beverages or under the influence of narcotic or any other addictive substances. Smoking, consumption of alcoholic beverages or any other addictive substances, handling of open flames, leaving children unattended, making visual or audiovisual recordings with any pornographic or any other subtext in violation of the general rules of morality, and any act that could be considered as an act against good morals are also prohibited in the entire area of the private gym. In the event of a breach of this obligation, the Company shall be entitled to a contractual penalty of EUR 150- for each individual breach.
8. The User undertakes to comply with safety, fire safety and other generally binding legal regulations relating to the User's activities carried out in the premises.
9. When using the premises, the User is obliged to observe basic hygiene habits, to use a towel when exercising and to disinfect the fitness equipment at the point of contact with the skin. The User acknowledges that it is advisable to exercise in sports clothing and appropriate footwear.
10. The User participates in all activities carried out in the leased premises at his own risk. The User is responsible for his/her health condition and shall use the gym space leased to him/her under this Agreement only if his/her health condition allows it. In the event that the User discovers that his/her health condition does not allow him/her to continue to use the premises in question for the purpose of exercise, or that such continuation could endanger his/her health condition, he/she shall immediately cease using the premises in question. The Company shall not be liable for any damage to health or property which the User may suffer as a result of failure to comply with this procedure.
11. The User is not entitled to transfer the premises, or any part thereof, to third parties. It shall not be considered a breach of this obligation if the User uses the premises together with third parties for the purpose of joint exercise. However, the number of persons exercising together may not exceed the number indicated for each space in the reservation system. The User undertakes to ensure that the number of persons exercising together does not exceed the permitted limit and undertakes to make all persons to whom it has granted access to the premises aware of the Operating Regulations and these General Terms and Conditions. The User shall bear all responsibility for the safety and health of the persons whom it has allowed to enter the premises.
12. The User acknowledges that children are allowed to move in the premises only when accompanied by their legal guardians, who are fully responsible for any damage to their child's health, the Company's property and the health or property of a third party caused by the child's movement. A child is defined as a person under 18 years of age.
13. The User is obliged to immediately notify the Company of the occurrence of any damages arising in connection with the Contract and is obliged to act in such a way as to prevent damages or to minimize their extent if they occur. If the User fails to comply with this obligation, the User shall be liable to the Company for the damage caused by the failure to comply with this obligation.
14. The User bears full responsibility for his/her property brought into the premises. The User shall also be liable to the Company for any damage caused to the premises by his/her activities or the activities of persons whom he/she has allowed to enter the premises. The User is obliged to compensate the Company for the damage caused without undue delay.
15. The Company shall not be liable for any damage to health or property caused by the User intentionally, negligently, carelessly or by overestimating his/her physical condition.
16. In case of ambiguity regarding health, pregnancy, post-accident conditions or illness, the User is obliged to consult his/her doctor before starting to use the premises and follow his/her recommendations.
Rights from defective performance
1. The User is entitled to exercise the rights arising from defective performance under the Civil Code in accordance with the procedure and under the conditions specified therein. The rights of defective performance may be exercised by sending an email to the Company at the following email address: support@solospacegym.cz
2. The User shall notify the Company of any defects in the Premises and/or fixtures and fittings without undue delay after discovering them.
3. The exercise of the right of defective performance must always include the identification of the User and a description of the specific defects of the premises and/or accessories in question. The assertion of the right of defective performance must state what the alleged defect specifically consists of and what specific right under the Civil Code or these Terms and Conditions the User asserts. The description of the defect must always be sufficiently specific (ideally accompanied by photographic documentation of the defect) to enable the Company to assess it objectively.
4. The Company undertakes to resolve claims made by the User in connection with defects in the leased premises and/or accessories without undue delay after they are made, but no later than within thirty (30) days of receipt. The Company will inform the User of the acceptance or non-acceptance of the claims made, including the reasons for such acceptance, via the contact email provided.
5. If the User can only use the premises with difficulty due to the defects noted, the User is entitled to a reasonable discount on the price.
6. If the defect makes the use of the premises substantially more difficult or completely impossible, the User has the right to waive the payment of the price or may withdraw from the Contract.
7. If the User fails to notify the Company of any damage or defect in the subject premises and/or accessories without undue delay after the User should and could have discovered it, the User shall not be entitled to a price reduction nor may the User withdraw from the Contract.
Notice before concluding the contract
1. By submitting the electronic reservation form, the User confirms that he/she has received from the Company, sufficiently in advance of the conclusion of the Contract, all information within the meaning of Sections 1811, 1820 and 1826 of the Civil Code, in particular:
  1. information about the main characteristics of the Service and the nature of the Service;
  2. the identity of the Company;
  3. the registered office address, telephone number and e-mail address;
  4. the address of the place of business;
  5. the total price of the service, including all taxes and charges, or the method of calculating it;
  6. details of the cost of the means of distance communication, if different from the basic rate;
  7. the method of payment and the method and time of performance by the Company;
  8. an indication of the duration of the commitment;
  9. information that the consumer cannot withdraw from the Contract;
  10. an indication of the existence of rights arising from defective performance;
  11. information on the existence, method and conditions of out-of-court settlement of consumer complaints, including whether a complaint can be addressed to a supervisory or state supervisory authority.
Information about the impossibility to withdraw from the Contract
1. The User acknowledges that the right to withdraw from the Contract concluded between the Company and the User, as a consumer, within the 14-day period otherwise guaranteed by Section 1829(1) of the Civil Code does not apply. Therefore, the Consumer does not have the right to withdraw from the Contract. This is because the Company makes the premises available to the User for temporary use as a leisure activity during a specified period of time within the meaning of section 1837(j) of the Civil Code, which excludes the possibility of withdrawal by law.
Complaint handling
1. If the User has any problem with the performance provided by the Company or, on the contrary, wants to praise the Company for the provided performance or give it any feedback, the Company shall handle the User's suggestions, including complaints, via email support@solospacegym.cz
2. Any disputes that arise between the Company and the User will be resolved amicably in the first instance.
3. If an amicable solution cannot be reached, the User residing in the Czech Republic is entitled to submit a proposal for out-of-court dispute resolution to the Czech Trade Inspection Authority, identification number 000 20 869, with registered office at Štěpánská 567/15, 120 00 Prague 2, via the contact details available on the website: http://coi.cz/en.
4. The User who resides in an EU Member State and is a consumer is entitled to apply for out-of-court dispute resolution through the European Consumer Centre in their country of residence; a list of the relevant consumer centres is available on the European Commission's website: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2.
Final provisions
1. If any provision of the General Terms and Conditions is or becomes invalid, ineffective or unenforceable, the validity, effectiveness and enforceability of the remaining provisions shall remain unaffected. In this case, the parties undertake to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable provision that best corresponds to the originally intended purpose of the invalid, ineffective or unenforceable provision. In the meantime, the corresponding provisions of the generally binding legislation of the Czech Republic shall apply.
2. If the relationship established by the Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic and any disputes arising out of the Contract shall be settled before the general courts of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.
3. These General Terms and Conditions are available at https://solospacegym.cz/en/general-terms-and-conditions and come into force and effect on the 13th of October 2024. The Company reserves the right to change these General Terms and Conditions at any time. The Company will inform the User of the changes via its website.