I. – TERMS AND CONDITIONS
1. Objective and Scope
The objective of these Terms and Conditions is to establish the relationship between EDDYROOMS, S.L. (henceforth THE CLUB) and you (henceforth, the Client), regarding services provided by “Club Ich Bin”, a club which belongs to EDDYROOMS, S.L., a registered statutory body, with CIF B-66127903.
2. Acceptance and evidence of acceptance
The status of “member” of the club shall be acquired when the registration form (which shall be provided to the Client by THE CLUB) is completed and signed, the present Terms and Conditions are accepted, and the payment of the inscription fee is received, all before benefitting from the services provided by THE CLUB, and notwithstanding any new clauses that may be introduced to the Terms and Conditions subsequently to registration.
From this moment, the Client acquires the status of Member of THE CLUB as described in the Terms and Conditions.
If the Client wishes to read the Terms and Conditions in detail, they can be printed or saved in electronic format.
Once the present Terms and Conditions have been accepted, THE CLUB will send contract of registration, with all of its conditions, to the Client by email within 24 hours of registration.
THE CLUB retains electronic copies of the documents formalising registration.
3. Registration, Prices, Payment, and Cancellation
To register with THE CLUB, the Client must complete and sign the Registration Form, pay the registration fee (100€), and accept the present Terms and Conditions, which will be applicable from the moment the Client becomes a Member.
3.1.1. Legal Age
Only those of legal age (18 or above) can become Members. Minors will only be permitted access to THE CLUB in the case of family activities that permit participation of minors. In this case, the parent or guardian of the minor will assume the additional costs and ensure that the minor abides by the terms and conditions of THE CLUB and of the activity itself. To this end the parent or guardian will sign an agreement for “minors visiting THE CLUB”, accepting responsibility for any infringement of the minor.
Our flat rate monthly fee is €69/month. This includes unlimited activities and use of all installations (including Sauna, changing rooms, kitchen-office, chill-out terrace), as well as an 18% discount on all our events and therapies. Some workshops and external events may have an additional charge or may not benefit from the discount.
The applicable prices depend on whether the person is a Member or not, and the existing promotions at the time.
Any promotional offers will be explicitly notified on THE CLUB´s website.
THE CLUB reserves the right to make changes to the website at any moment and without previous warning, and if necessary on a daily basis according to demand.
The inscription fee shall be paid by credit or debit card (Visa or Mastercard) at THE CLUB at the moment of registration.
Monthly membership payments will be made by direct debit from the bank account provided by the Client at the moment of registration, and the Client will also sign a written authorisation to set up the standing order. All charges will be made in anticipation between the 1st and 5th of each month, and any chargeback fees incurred shall be charged to the Member, as well as a penalty of 5€ for chargeback.
In the event of two consecutive missed monthly payments, THE CLUB is authorised to terminate the contract and demand compensation for liquidated damages and/or legal penalties.
The Member has the right to cancel the inscription to THE CLUB at any given moment, as commitment to remain is not required. However, the Client will communicate their desire to end the contract with THE CLUB with one month´s notice and via any means permissible by law.
3.5. Membership Card
Once registration has been processed the Client will immediately become Member of THE CLUB and obtain an exclusive membership card permitting them access to the establishment via a security system during THE CLUB´s opening hours.
This card remains property of THE CLUB and will be used to provide access and as a form of identification at any moment the Client is within our establishment, and therefore a valid ID document is also required to establish the identity of the Client. The card is not a form of payment.
If the Member loses the card it must be immediately communicated to THE CLUB, via the fastest and most appropriate means (telephone, email, whatsapp message, etc). In the case that the card cannot be recovered the Client must obtain a new card. This will incur and additional administrative fee of 5€, which will be charged by direct debit. Once the new card has been obtained, and after a period of 48 hours, it will not be possible to reimburse the fee if the lost card is then found.
In the case of cancellation the Client will be obliged to return the card during the cancellation notice period (30 calendar days), if it is not returned an additional penalty fee of 5€ will be charged and shall not be reimbursable under any circumstances.
4. Responsibilities of THE CLUB
THE CLUB guarantees the quality of the services provided to the Client. THE CLUB shall therefore be responsible for any breach of duty and damaged caused to the Client by defective products, as well as damages or injuries incurred during activities through willful intent or grave negligence.
All legal rights of consumers and customers are guaranteed by Law.
Failure to comply with these Terms and Conditions may result in the cancellation of the services contracted by the Client.
5. Responsibilities of the Client
The Client is obliged to make lawful use of the services provided, without contravening any current legislation, or damage to the rights ir interests of third parties.
The Client guarantees the veracity and accuracy of the information provided upon registration, and the provision of false information shall not be prejudicial to THE CLUB.
El Cliente asegura encontrarse en buenas condiciones físicas para disfrutar de los servicios prestado por EL CLUB bajo su propia responsabilidad. El Socio exonera a EL CLUB de cualquier responsabilidad por daños ocasionados por el uso inapropiado de las instalaciones o no adecuado para su estado físico. El Socio confirma que su estado de salud es el ideal para la práctica deportiva, y que en caso de limitaciones físicas por motivos de salud o por indicios de problemas de salud suspenderá la asistencia a las clases.
The Client is responsible for ensuring that they are in adequately good physical condition to enjoy the services provided by THE CLUB. The Client exonerates THE CLUB from any responsibility for damages caused by improper use of the installations, or use of installations not appropriate for their physical condition.
The Member is aware of and accepts the use of security cameras in THE CLUB´s installations, with exception of the changing rooms and sanitary installations.
The Member will not transfer their status of Member to another person, as it is not transferrable. In case of violation of this obligation, the Member shall pay a penalty fee to THE CLUB of 200€.
The Member can only use the lockers provided by THE CLUB during the time that they are inside THE CLUB´s installations, in case of non-compliance THE CLUB reserves the right to open them.
The Member agrees to immediately communicate to THE CLUB any changes to their personal information that are relevant to the contract, such as name, address, bank account number, telephone number, cancellation of contract, etc. In the event that these changes are not communicated, any costs incurred by THE CLUB will be charged to the Member.
Failure to comply with any of these Conditions may lead to the retraction or cancellation of services by THE CLUB without previous warning to the Client, who will not have any right to compensation.
6. Personal data and commercial communications
In accordance with the Ley Orgánica 15/1999, established on 13th December, of Personal Data Protection, THE CLUB informs the Client that the personal data provided by the Client will be retained as property of THE CLUB for the purpose of managing the commercial relationship, as well as to promote THE CLUB´s services, via both written and electronic communication, in a database known as “website users”.
The Client may exercise the rights of access, rectification, cancellation, and opposition, as well as withdrawing consent given to receive electronic communications, by giving written notice to THE CLUB, situated in Calle Girona, 46, principal, 08009 Barcelona, or by sending an email to: email@example.com, or by calling the Customer Service number: +34 (93) 7689650.
7. Good faith and Due Diligence
The Parties commit to respecting the Contract, exercising the rights, and completing the obligations therein at all times in compliance with the strictest application of good faith and due diligence.
8. Jurisdiction and Applicable Law
In the case that any conflict or discrepancy arises in the interpretation or application of the present Terms and Conditions, the competent courts and tribunals that may be made aware of the subject, will decide upon the applicable consumer law.
This does not affect the Client´s right to recur to the Consumer Arbitration Board.
In case the Client is a company, both Parties submit to the Courts and Tribunals of Barcelona (Spain), with an express waiver of any other jurisdiction.
II.- PERSONAL DATA PROTECTION POLICY
1.- Responsibility of the Data Holder
In compliance with Organic Law 15/1999 of 13th December regarding protection of data of a personal nature, and Law 34/2002 of 11th June regarding Information Society Services and E-Commerce, the Users are informed and give their explicit consent that any data of a personal nature which they provide through the Website www.ichbinbarcelona.com (hereafter the Website), and through printed forms which may be used for promotions, will be added to the file “WEB USERS” and/or “NEWSLETTER MAILING LIST”, responsibility of EDDYROOMS S.L., who guarantees compliance with the prevailing law regarding protection of data of a personal nature.
2.- Purposes of Data Processing
Visiting the Website does not oblige the User to share any personal data. EDDYROOMS S.L. informs the Users, and they give their express consent that any personal data provided to EDDYROOMS S.L. through ANY FORM provided by the company through the Website and/or in printed format for promotions, giveaways, etc, will be used in compliance with the legal and contractual obligations to the Users, particularly for newsletter mailings, and well as for commercial communications, including via email or other electronic means such as SMS or APPs in mobile phones, regarding the products and/or services offered by the EDDYROOMS chain, as well as to adapt our services to your preferences through the analysis of personal and commercial data stored on file and collected through the Website, including through questionnaires, always ensuring compliance with the limitations and rights set out in Organic Law 15/1999 regarding protection of data of a personal nature within the framework of Spanish law. If the User does not wish to receive commercial information via the means described he/she can check the corresponding boxes in the form, taking into account that they will not receive or benefit from our promotions.
At the moment the data is collected the User will be informed which data is voluntary and which is obligatory. Refusal to provide obligatory information will result in the User not being able to access the services requested. Obligatory information which must be provided to EDDYROOMS S.L. in order to benefit from promotions and make reservations for services through the Website are: full name, telephone number and email address.
3.- Sharing of Personal Data
The Client or User is informed and gives express consent that they personal data provided to EDDYROOMS S.L. may be shared, exclusively for the purposes described in the second parragraph, with other companies within the EDDYROOMS S.L. group or chain within the sector of alternative therapies for personal growth, as well as with other companies related to our activities and promotions (such as kinesiology or reflexology) which collaborate now or in the future with the activities or promotional campaigns carried out by EDDYROOMS S.L., thereby the Users expressly consent to receiving information on the products offered.
The User´s consent for their data to be shared or used as described above can be revoked at any moment, without retroactive effect, in accordance with articles 6 and 11 of Organic Law 15/1999 of 13th December.
4.- Responsibility of the User
It is forbidden for the User to enter personal data of third parties into the Website, as well as information regarding their ideology, union affiliation, religion, beliefs, racial origin, health, or sexual life. Failure to comply will make the User liable to EDDYROOMS S.L. and any third parties for any damage caused. The Users must act with utmost responsibility when accessing services, products, content, or registering any personal data through the website.
In the case of minors or disabled people, the parents, representatives or guardians will assume responsibility, and must always accompany and supervise the person during their use of the Website.
EDDYROOMS S.L. informs the Users that it is impossible to carry out checks regarding the veracity and accuracy of the personal data provided, and therefore recommends supervision in the case of children and wards. EDDYROOMS S.L. will administrate requests made by parents and/or guardians regarding access, cancellation, rectification, and opposition of personal data of children or disabled people, whilst also available to be contacted regarding any relevant issue via any of the means previously mentioned.
5. Access Rights, Rectification, Cancellation and Opposition
In compliance with Organic Law 15/1999 of 14th December regarding Protection of Data of a Personal Nature the Client or User is informed of their right of access, rectification, cancellation and opposition, within the limits of the prevailing law, to the data of which EDDYROOMS S.L. is responsible, and of the possibility to contact the company in writing, indicating the subject “Data Protection”, to the customer service department of EDDYROOMS S.L. C/ Girona 46 Principal, 08009 Barcelona, or by email with the subject “Data Protection” to the following address: firstname.lastname@example.org.
6.- Security of Personal Data
EDDYROOMS S.L. commits to ensuring complete confidentiality regarding the Users´ personal data, and to take all technical and organizational measures necessary to securely store all personal data and prevent any modification, loss, misuse, or unauthorised access to it, depending on the technology used, the nature of the stored data and the possible risks to which it is exposed, whether through human action or due to physical or natural causes.
8.- Safe Harbour and Servers outside the EU
EDDYROOMS S.L. informs the Users that all personal data collected will be stored on servers within the EU which comply with the prevailing laws regarding protection of personal data within the EU.
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