Limmathof Baden AG general contractual terms and conditions for Novum Spa memberships

1. People from the age of 16 are permitted in the Novum Spa.
   1. Private membership is available to any person from the age of 18, or from the age of 16 with the signed consent of the parents. The private member receives a personal, non-transferable membership card.
   2. Any legal entity may receive corporate membership. With a corporate membership, the holder obtains two membership cards that are transferable within their own enterprise. Only one person can use the services of the Novum Spa per membership card.
   3. Bath membership is available to any person from the age of 18, or from the age of 16 with the signed consent of the parents. The bath member receives a personal, non-transferable membership card.

       

2. The membership card entitles you to visit and to use the Novum Spa facilities.

    

3. Included in the membership fee:
   1. In a private membership: use of fitness machines (excluding the Innoplate and Osflow), attendance of the scheduled group classes, the Novum Spa wellness oasis, as well as individual training consultation.
   2. In a corporate membership: use of fitness machines (excluding the Innoplate and Osflow), the Novum Spa wellness oasis, as well as individual training consultation.
   3. For a bath card: Use of the Novum Spa wellness oasis.
   4. All other services offered at the Novum Spa are not included in the fee.

       

4. The contractually agreed amounts are to be paid either in cash or by invoice. Should the customer be in default of payment, the total outstanding amount will be due immediately plus reminder and collection fees. In this case the cardholder may be denied access until payment of arrears. In this event there is strictly no claim to a refund or to an extension of the membership card.         

    

5. The membership card may not be altered.
   1. For a private membership the membership card is linked to the person and is not transferable.
   2. For a corporate membership the membership card is transferable to colleagues currently within the enterprise.
   3. For a bathing membership the membership card is linked to the person and is not transferable.
   4. A breach will lead to a ban from the premises for the cardholder and for the unauthorised third party. There is no claim to a refund of the fee in this case. The right to initiate criminal prosecution is reserved.

       

6. Upon entry the member checks in at the reception with the membership card, depositing the membership card there for the duration of stay. The card will be returned at the reception upon leaving. Corporate members will be denied entry to Novum Spa without a membership card. Private and bath members may be granted entry upon presentation of ID. A lost membership card will be reissued for a fee in accordance with current general regulations.

    

7. The cardholder commits to following the instructions of supervisory staff, and to strictly complying with the hygiene rules and general regulations. Gross or repeated offences will result in being banned from the premises, and in this case there is no claim to a refund of the fee. The general regulations and hygiene rules constitute an integral part of the contract.

 

1. Any liability of the Novum Spa or its employees is excluded for damage resulting from an accident, injury, or illness. Acquisition of insurance is the cardholder's responsibility.

    

2. The Novum Spa is not liable for the loss of effects, valuables, money, clothes, etc. Also excluded is any liability for deposited items. Acquisition of insurance is the cardholder's responsibility.

 

1. With the exception of various holidays and with the exception of inspection, cleaning, remodelling, etc., the Novum Spa is open daily during operating hours. For other operationally necessary closures the cardholder is not entitled to a refund or to an extension of the membership card. The Novum Spa assumes no liability for interruptions to services due to force majeure.

 

1. The Novum Spa can change its offer and the operating hours at any time. The cardholder is not entitled to a refund in the event of a reduction of the offer or of the operating hours.

 

1. Not using the facilities or the courses does not entitle the cardholder to a reduction or refund of the fee. With exceptional permission of the management, the annual card may be transferred to a non-member. The transfer fee is CHF 100 and must be paid in advance. An early termination can only proceed for important reasons, as per OR (Swiss Code of Obligations) art. 269. Special repayment rates can be found in the current general regulations.

 

1. The contract is concluded for the defined duration. Before the end of the term you have the option of smoothly extending your contract under the same conditions. Rebate permissions need to be demonstrated again upon renewal of the contract.

 

1. With his or her signature the cardholder confirms having truthfully filled out the registration form. The cardholder also confirms having carefully read and acknowledged the terms of this contract and the currently applicable Novum Spa general regulations. He or she accepts these in full. The cardholder also confirms having received a copy of the contract and the general regulations. Verbal agreements are invalid.

 

1. The cardholder expressly acknowledges that changes to the general regulations are reserved, and that they have been suitably brought to his or her attention. The cardholder may not derive any rights from a change in the general regulations. The rights under this agreement are non-transferable. The current general regulations always apply.

 

1. The rights and obligations under this contract can be transferred from the Novum Spa to a legal successor. The relocation of the Novum Spa within the urban area does not constitute eligibility for early termination. The term "corporate member" does not constitute association membership within the meaning of the ZGB (Swiss Civil Code).

 

1. The present contract constitutes a judicial vitiation of objection to enforcement.

 

1. The contract between the Novum Spa and the membership cardholder has been concluded in writing. Any amendments or termination must also be in writing.

    

The place of jurisdiction is Baden, AG. Status: April 2016. These general contractual terms and conditions supersede all previous versions.