General conditions of contract, access and use of the BodyLine club facilities

1 Registration requirements

The client declares that he has visited the club and is aware of the services offered and knowingly signs a subscription contract with Bodyline giving him access to the club to practice his physical activity. The client declares to have been clearly informed of the different rates and services to which he is entitled, as well as the general conditions of sale. All prices are announced taxes included (IGIC). The client accepts and declares that he has read the commercial conditions of the contract and accepts the content.

The client will receive an electronic bracelet on the day of their contract that will allow them to access the facilities. In case of loss, €5 will be charged.
Payments are made in advance. The user pays for his subscription and access to the facilities. In case of provisions not present in the general conditions, payment is always due. In case of non-payment and/or breach of the general conditions, the client will be denied access to the club.

The contract begins on the day of registration or when the customer accepts the general conditions of sale at the point of sale or on the website https://bodylinetenerife.com/
Registration payment is made on the day the contract is signed. If the client does not renew his subscription for more than 6 months or has had late payments, he will have to pay the registration fee again.

2 Payment terms

The payment conditions are explained to the customer and they can choose a payment method: direct debit, credit card or cash. Payment is made on the day of registration and therefore gives access to the facilities. In the case of direct debit, the client must provide all the necessary documents on the same day and sign a contract with the club. In the case of a promotional offer, payment accepted can only be by direct debit or credit card with recurring payment.

3 Contracting and pricing rules

3.1 Without direct debitRegistration will take effect from the date of signing the contract. Whether in the case of subscription at the point of sale or through the website. The contract is monthly and without permanence. The customer commits to 1 non-renewable month and must renew their subscription each month.The accepted payment method is cash, credit and/or debit card. The customer will not be entitled to any refund.3.2 Subscription terms with 6 or 12 month commitmentRegistration will take effect from the date of signing the contract. Whether in the case of subscription at the point of sale or through the website. The contract is monthly and with permanence accepting the commitment under the recurring payment of 12 or 6 months. The period of permanence is mandatory, so that prior withdrawal from the contract will entitle the Company to collect the amounts corresponding to the entire period of permanence, without prejudice to other claims for damages.The only payment methods accepted are by bank account (IBAN) or credit card with recurring payment. Banking documents and/or documents necessary for payment of registration will be requested and will be kept to allow automatic payment each month. If the choice is a credit card with recurring payment, the physical card must also be presented in the members area so that the payment is made on a monthly and periodic basis.As part of a promotional offer, the client can request the termination of the contract 60 days before its end date, otherwise it will be automatically renewed. And the client must request it by means of a written request to bbbboodyline.tenerife@outlook.com. It will be effective on the end date of the initial contract. Once the commitment period has ended, and in the event of termination, Bodyline will not cover any costs and the client will no longer have access to the facilities. The customer will not be entitled to any refund.The contract is automatically renewed each year for a period of 12 or 6 months depending on the subscription initially chosen.The Company undertakes to maintain the subscription price during the contracted period (6 or 12 months) and not to apply a price increase in this period.3.3 DefaultsNon-payment will systematically result in denial of access to the club, including situations where the bank returns a receipt.In the event of refusal of payment by the bank, the client will be denied access to the club and a non-payment fee of €10 will be charged, in compensation for the recovery costs involved in non-payment, without prejudice to other damages that may be incurred. claim.The fees paid are not refundable or compensable in unused periods, the gym is not responsible for the client not using the facilities.The gym reserves the right to initiate the necessary actions to collect the due fees, as well as the penalty in contracts with permanence.

4 Absence of the right of withdrawal.

The User acknowledges having been duly informed that they do not have the right of withdrawal from this contract, in accordance with article 103 of the Royal Decree
Legislative 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users.

5 GDPR

The client will have access to all their personal data and may request its deletion with the exception of their personal data. You may modify or delete them, except for surnames, first names, postal address, email and telephone number. This information being necessary for the correct functioning of the services provided by the establishment. Bodyline and its commercial partners have personal data to send you commercial communications about our products and/or services similar to those contracted. If any of this information changes, you must notify the gym so it can be updated. The collection and processing of this personal data is carried out for the purpose of developing, executing and monitoring the contract, in accordance with art. 6.1 b) GDPR, i.e. individualize you as a person, allow you to pay your fees and training, provide the service correctly and allow access to the facilities. The personal data collected is the following: surname, first name, postal address, email, telephone number and banking information. Personal data will not be kept longer than necessary for the purposes of the processing, without prejudice to our legal obligations to retain and document the data, for example in tax or commercial matters.

6 Locker rental

El club ofrece a sus socios la posibilidad de alquilar una taquilla por mes. El inicio del contrato corresponde al día de pago del alquiler por un periodo de 1 mes. La llave de la taquilla alquilada se entregará al cliente y se beneficiará de ella durante la duración de su suscripción. Cuando finalice la suscripción, el cliente tendrá que vaciar la taquilla de sus pertenencias personales y devolver la llave al club. La suscripción se renueva cada mes y el cliente puede, previa solicitud por escrito, rescindir su suscripción en cualquier momento, sin previo aviso. No tendrá derecho a ningún reembolso si no utiliza el mes completo.

7 Suspension of the contract

Bodyline exceptionally authorizes, given the geographical location, to freeze the subscription for a maximum of 1 week as part of a trip with prior presentation of proof, except in the case of a promotional offer with permanence.

In case of serious illness of the client, understood as one that involves a medical leave of more than 15 days, he/she may suspend his/her registration in the gym from the beginning of the leave until the discharge, without fees being accrued during that time. the client’s registration is suspended. Suspension due to medical leave can never be longer than 2 months.

8 Billing

The customer will receive an invoice upon request, which will be sent by email or postal mail.

9 Changes in rates

The establishment reserves the right to modify its rates in order to adapt them to the legal and economic circumstances of the moment. The new rates will apply to all subscriptions contracted after their update, once they have been published in the gym’s usual media to inform Users, with the exception of the rates mentioned in these general conditions of sale.

10 Services included in the subscription

Depending on the subscription formula chosen, you will have access to different club services and at the agreed times. The client declares to have been informed of the services to which he is entitled. The club is open every day of the week, including holidays, and reserves the right to change opening hours.

Bodyline will communicate to its customers via social media and other appropriate means to inform customers of any time changes which will be communicated to you at the time of request.

11 Access to the establishment

The establishment reserves the right to deny access to any person who cannot present their electronic bracelet and/or identification document in the event of forgetting the bracelet. Access cannot be transferred to another person and is strictly personal. Any fraudulent use of the electronic bracelet by the owner or a third party acting on his or her behalf will automatically result in the termination of the subscription to the detriment of the User. Services and benefits that have been acquired in violation of these General Conditions of Use or due to abusive or fraudulent use of the electronic bracelet will entitle the establishment to cancel the User without compensation of any kind and to prohibit access. The club will take legal action against the authors, holders/holders of the electronic bracelet and/or counterfeiters.

12 Use of facilities by minors and parental authorizations

Access to the club is possible from 13 years old with written and signed authorization from one of the parents or legal guardians. However, we advise that the minor consult a doctor to confirm that she can play sports in the gym. The minor’s physical activity is supervised by an adult responsible for the child. Bodyline is not responsible in the event of an accident.

13 Discovery session

The client can book a discovery session by appointment, reserved for
residents of the Canary Islands for adults, billed at €10. In case of subscription on the same day, a discount of €10 will be applied to the first month of subscription.

14 Internal regulations

The client declares that he has read all the general conditions and internal regulations. He declares that he is informed and undertakes to respect the club’s rules and procedures, health and safety. In case of non-compliance, Bodyline reserves the right
right to exclude the subscriber without any compensation or refund of his subscription. The use of the equipment is the responsibility of the customer and the subscriber is
undertakes to ask qualified Bodyline personnel for explanations and advice for the use of the material.

15 Civil liability

I. Disclaimer.BODYLINE will not be responsible for any health problems you may suffer as a result of using our facilities or our exercise programs. Therefore, we recommend that you consult with a doctor before hiring our services in case you have high blood pressure, angina pectoris, heart disease, diabetes, chronic illness, fainting and, in general, if any other circumstance exists that affects your health. your health and fitness. By signing this contract you declare that you are in good condition to perform physical exercise.The member and/or the legal guardians, where applicable, under their responsibility, declare that they have the physical capacity or that of their client to practice sports at the Bodyline facilities, assuming under their responsibility any eventuality, setback, difficulty, problem, injury or accident that may occur due to such circumstance, fully and expressly exonerating Bodyline from any liability for these concepts.BODYLINE is not responsible for objects that may be lost in any of the club facilities nor, in particular, for those left in the lockers.II Insurance.Bodyline is insured with a company for damages involving its civil liability and that of its personnel, however, we advise each practitioner to consult a doctor before practicing any physical activity. The objective of this insurance is to cover the establishment from the pecuniary consequences of civil liability caused by damages caused to third parties as a result of the operation of the establishment, bodily injuries and material damage. The facility is not responsible for accidents that occur due to failure to follow safety instructions or misuse of equipment or other facilities. For its part, the User is invited to take out a personal liability insurance policy, which covers damages that may be caused to third parties, in their own name, during the exercise of activities within the establishment. The establishment informs the User of the interest in signing a personal insurance contract whose purpose is to offer guarantees capable of compensating for damage caused by the User to third parties. In case of bodily injuries, the User is responsible for insuring the violation of his physical integrity with the insurer. of his choice. In the event of theft or damage inside the fitness rooms, it is up to the User to provide proof, an invoice for the purchase of the claimed object and a claim so that the establishment can contact its insurance company.

16 Conditions for termination of the contract

The client can request the termination of the contract 60 days before the end date of the contract, otherwise it will be automatically renewed. The client must request it by means of a written request to bodyline.tenerife@outlook.com. It will be effective on the end date of the initial contract. Once the commitment period has ended, and in the event of termination, Bodyline will not cover any costs and the client will no longer have access to the facilities. The customer will not be entitled to any refund. The client agrees to pay the remaining costs until the expiration of his contract.

Bodyline, in case of non-compliance by the subscriber with the conditions of safety, hygiene, inappropriate behavior, good conduct and internal regulations, reserves the right to exclude the subscriber without any compensation. The club will send a letter or email to inform the client of the decision to exclude them.

17 Obligations of the client

The User declares, at the time of signing the Contract, to have verified with his doctor that he is fit to practice a sporting activity, in particular physical activity. The User agrees to take all necessary precautions to practice the activity, preserving their health and safety and respecting the instructions and recommendations of the establishment’s staff. The User declares to have read the internal regulations, schedules and services published in the gym. The User agrees to strictly comply with the internal regulations, as well as the rules of good conduct, hygiene and safety, which may be communicated through a notice in the gym. Access to the facilities and machines, being free to use, Bodyline is not responsible for their misuse.

18 Data protection

In accordance with the provisions of the GDPR Data Protection Regulation 2016/679 of April 27, 2016 and the Organic Law 3/2018 on Data Protection (LOPD), the User authorizes the gym, and the service providers, to collect and process your personal data provided during your registration at the gym, to:

1/ Management of your subscription
2/ Activation of the electronic bracelet
3) The collection of data about your attendance,
4) use of Mywellness account
5) Carry out commercial operations

If you do not wish to receive information from us, please contact us by sending an email to the following email address: bodyline.tenerife@outlook.com

The user can exercise the following rights before BODYLINE:
1. Access your personal data.
2. Rectify them when they are inaccurate or incomplete.
3. Request the deletion or cancellation of the data when, among other reasons, they are no longer necessary for the purposes for which they were collected.
4. Oppose your treatment.
5. Request the limitation of the processing of your data when any of the conditions provided for in the regulations are met.
6. Request the portability of your data in the cases provided for in the regulations.
7. Prevent being subject to automated decisions.
8. Revoke the consents granted.

To exercise their rights, the user must send a writing in which they indicate the right they wish to exercise and accompany a document proving their identity and postal or electronic address for notification purposes. You can make this request either by postal mail to: Av. de Chayofita, 19 Centro Comercial Parque Santiago 6, 38650 Los Cristianos, Santa Cruz de Tenerife, or to the following email address: bodyline.tenerife@outlook.com .

BODYLINE must respond to the request to exercise rights within one month of receiving the request. This period may be extended for another two months if necessary, taking into account the complexity and number of applications. We will inform you of any extension within one month of receipt of the request, indicating the reasons for the delay.

Likewise, interested parties have the right to complain to the competent Control Authority (Spanish Data Protection Agency) when they consider that BODYLINE has violated the rights that the data protection regulations recognize in www.agpd.es.

19 Video surveillance

For your safety and that of all its subscribers, the gym has video surveillance 24 hours a day, seven days a week. The information thus obtained is subject to the applicable regulations on the protection of personal data and is kept for a maximum of 30 days, after which it will be automatically deleted by the IT management system.

20 Fire protection

The club has a fire protection system. The client must comply with all applicable fire protection laws and, in particular, all safety instructions posted in the gym.

21 Jurisdiction and applicable jurisdiction

In the event of a dispute regarding the validity, interpretation or execution of these General Conditions and/or the customer’s orders, the courts of the place of fulfillment of the obligation or the consumer’s domicile will be competent. The contract will be governed and regulated by Spanish regulations.