GENERAL TERMS AND CONDITIONS

Area of application
These General Terms and Conditions (hereinafter referred to as 'GTC') apply to all contracts concluded by INDIGO Fitness Zürich AG with persons or companies in the webshop for the listed memberships / products. By purchasing a service/product in the webshop the customer accepts the GTC and the INDIGO Club Guide.

Services, offers etc. of INDIGO Fitness via the webshop are provided exclusively in accordance with these GTC. The GTC are valid in the current version at the time of the conclusion of the contract. INDIGO Fitness reserves the right to change these GTC at any time.

Contract conclusion and delivery
The online contract requires no signature and is not recorded on paper. It is legally binding for the parties immediately after confirmation by the selected INDIGO Fitness Club. The buyer remains bound to the order until the time of the express confirmation by INDIGO. For the membership ordered by the buyer the prices in Swiss Francs valid on the date of order and stated in the web shop are valid.

Membership contract:

1. The minimum age for members and guests is 18 years.

2. Included in the annual membership are: Use of fitness equipment, sauna, steam bath, relaxation room, cloakrooms, showers, lounge; visit to scheduled group courses; one shower towel and one towel per visit free of charge, one coffee in the lounge free of charge, care products free of charge; up to four training sessions with our fitness trainers per year; as well as a personal membership card and a personal combination lock.

3. The membership card entitles you to visit and use the INDIGO facilities. The membership card is personal, non-transferable and cannot be changed.

4. The minimum membership period is 12 months. The annual membership renews itself automatically by exactly 12 months and under the then current conditions, if it is not terminated 30 days before the end of the contract period in writing and by registered mail.
a. Payment collection: If the membership is renewed automatically, the member will receive an e-mail with the payment request for the membership fee with a payment deadline of 10 days. If the amount has not been credited to the INDIGO account by the end of the payment period, the 2nd reminder stage will be issued. The 2nd deadline is again 10 days. If no payment has been received in the INDIGO account after the expiry of this payment deadline, a 3rd and final reminder will be sent with the notification that the claim will be assigned to the debt collection agency:
Intrum AG
Eschenstrasse 12
8603 Schwerzenbach
In the last reminder stage, the member is also given 10 days to pay before debt enforcement is issued.

5. Premature termination of the contract and corresponding refunds can only be granted in cases of hardship, whereby there is no claim to this. The following are considered hardship cases: - prolonged illness or accident - definitive change of residence or place of work (more than 30 km from Indigo). The membership contract must be submitted together with a written request for reimbursement and the necessary confirmations such as doctor's certificate, employer's confirmation, proof of residence permit. The remainder of the annual membership will be refunded pro rata, provided that the facts and documentation required are correct.

6. If you have a valid reason (illness, pregnancy, accident, business stay abroad, military service, language stay), you can suspend your membership for a period of at least 1 month up to a maximum of 9 months. Holidays are generally not a reason for a time stop. The time credit will be fully credited to the existing annual membership. The time stop must be sent to admin@indigofitness.ch before the absence, together with a corresponding confirmation/certificate. A retroactive time stop is only possible in case of sickness/accident. This must be applied for in the first month after the medical certificate of inability to train no longer applies. Applications submitted at a later date will no longer be considered.

7. Non-use of INDIGO's services does not entitle the member to reduce or reclaim the membership fee. With an exception approval of the management the membership card can be transferred to a non-member.

8. The member acknowledges that a digital photo will be taken to ensure visual inspection. This photo serves exclusively for the control at INDIGO.

9. The members and guests commit themselves to follow the instructions of the INDIGO staff at any time and to strictly observe the Club Guide.

10. INDIGO or its staff is not liable for any damage resulting from an accident, injury or illness. Members and guests use the premises and offers of INDIGO at their own risk. Furthermore, INDIGO is not liable for the loss of effects, valuables, money, clothes, etc.. Also excluded is any liability for deposited objects. The conclusion of an insurance policy is the responsibility of the members and guests.

11. INDIGO is open daily during operating hours, with the exception of various public holidays and with the exception of inspection, cleaning, reconstruction etc. The member is not entitled to a refund or to an extension of his annual membership due to further closures which are necessary for operational reasons.

12. Any credits expire at the end of the contract period and are neither included in a new contract nor paid out.

13.The rental locker is paid for annually. If there are no free rental lockers available, a waiting list will be kept. In the event of a time stop, the rental locker will be extended by the number of months of rest.

14. The member explicitly acknowledges that changes to the Club Guide are reserved and that these will be brought to his/her attention in an appropriate form. The member cannot derive any rights from a change to the Club Guide. The current Club Guide always has validity.

15. INDIGO may change its offer and operating hours at any time. The member has no right to a refund in case of a reduction of the offer or the operating hours.

16. INDIGO may transfer the rights and obligations of this contract to a legal successor. The relocation of INDIGO within the city area does not entitle to early termination.

17. The member recognises the general terms and conditions and the INDIGO Club Guide fully.

Terms of payment / Data security
PAYMENT IN MONTHLY RATES in collaboration with Stripe

The monthly instalments are automatically charged to your credit card. For more information go to: https://stripe.com/de-ch/privacy

Furthermore, the conditions for the use of the web shop's website, which can be found under the heading data protection, also apply to the buyers.

SINGLE PAYMENT PER CREDIT CARD in collaboration with SAFERPAY.

Payment of all orders must be made in Swiss francs via SAFERPAY. Saferpay is a comprehensive Internet payment platform that has been specially developed for retailers. It guarantees secure payment transactions on the Internet for both the merchant and the cardholder. The merchant benefits from the easy integration of the means of payment into the e-commerce platform as well as the modularity with which it can cover both current and future requirements. The cardholder benefits from the fact that he or she can shop securely in all shops that use Saferpay. Saferpay was developed by SIX Payment Services AG. SIX Payment Services Ltd is the Swiss market leader in the field of cashless, electronic payment transactions. Several hundred thousand financial transactions are processed daily via the SIX Payment Services Ltd computer centre. Saferpay is operated in Switzerland. There are communication links to all major banks in Europe and direct connections to the worldwide credit card networks. Saferpay guarantees secure and easy payment in and over the Internet.

Personal data is processed in accordance with and in compliance with the applicable data protection regulations for the purpose of contract processing and maintaining relations with the customer (including marketing measures).

Personal data of the customer are explicitly not passed on to third parties. The customer agrees to the collection, processing and use of his personal data in accordance with the aforementioned instructions.

Furthermore, the conditions for the use of the web shop's website, which can be accessed under the heading Data Protection, also apply to the buyers.

Applicable law and place of jurisdiction
The contractual relationship, including these General Terms and Conditions, shall be governed exclusively by Swiss law, excluding the conflict of laws provisions of Swiss international private law, in particular excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention). Place of jurisdiction is Zurich.