1.1. These general terms and conditions apply to all persons using Gym Eesti services.
1.2. When using Gym Eesti services, the client undertakes to comply with these general terms and conditions and the gym’s internal regulations.
2.1. In the Agreement, General Terms and Conditions and Internal Rules, the following terms are used with the following meanings:
2.2. Gym Estonia – Gym Estonia OÜ, registry code 14304459;
2.3. gym – gym(s) operated by Gym Eesti;
2.4. client – a person using Gym Eesti services;
2.5. Agreement – a customer agreement concluded between Gym Eesti and the client for the use of Gym Eesti services;
2.6. internal rules – the rules established by Gym Eesti for using the gym and consuming services, which can be viewed in the gym premises and on the Gym Eesti website;
2.7. general terms and conditions – these general terms and conditions.
3.1. The contract is concluded on the Gym Eesti website gymeesti.ee .
3.2. To conclude a contract, the client selects a suitable service or training package, enters the necessary personal data, confirms that they have read the general terms and conditions and internal rules, and adds payment card details to pay for the service.
3.3. The contract is considered concluded after payment is confirmed.
3.4. After signing the contract, a confirmation letter and information about the options for saving the contract will be sent to the customer’s email address.
3.5. Gym Eesti services can be used by persons at least 15 years of age.
3.6. In the case of a minor customer, prior consent to the conclusion of the contract is given by the parent or legal guardian, who is jointly and severally liable with the customer for the fulfillment of all obligations arising from the contract until the customer reaches the age of majority.
4.1. These general terms and conditions and internal rules form part of the contract.
4.2. All contract documents are available on the Gym Eesti website.
4.3. In the event of a conflict between documents, the contract will be used first, then the general terms and conditions, and then the internal rules.
4.4. Gym Eesti has the right to change the general terms and conditions, internal regulations, packages, services, prices and gym opening hours. During the validity of the “365 days” package and the binding period of the “Lifestyle” package, the price agreed upon when the client joined remains unchanged, unless the price change results from legislation or changes in taxes.
4.5. The customer will be notified of significant changes at least 30 days in advance via email or mobile application.
4.6. If the change has an unreasonably detrimental effect on the customer, the customer has the right to cancel the contract before the change enters into force.
4.7. If the client does not submit a cancellation statement in a form that allows for at least written reproduction before the change enters into force, he or she will be deemed to have agreed to the changes.
5.1. The Client can choose between the following services:
5.1.1. The “Trial Training ” is valid for 3 (three) consecutive calendar days, including the first day of use. For example, if the client concludes the contract on the 10th at 22:00, the service will expire on the 12th at 23:59 ;
5.1.2. “365 days” package is paid in full as a one-time advance payment. The package is valid for 12 months from the date of signing the contract.
5.1.3. “ Lifestyle ” package is fixed at the price or campaign offer published on the Gym Eesti website at the time of signing the contract. The package comes with a 12-month commitment period. If the client does not notify Gym Eesti of their wish to terminate the contract no later than the last day of the calendar month preceding the end of the commitment period, the contract will become indefinite. The customer may cancel an open-ended contract at any time by notifying the customer portal or by email no later than the last day of the calendar month preceding the termination. The contract will expire at the end of the calendar month following the cancellation. During the binding period, the contract can be terminated early by paying an early termination fee of 57 euros. An application for early termination must be submitted to the e-mail address info@gymeesti.ee .
6.1. After registering on the Gym Eesti website, the client can download and use the Gym! EE mobile application and create a personal QR code to enter the gym and use Gym Eesti services up to 2 times a day. The access code is personal and its transfer to third parties is not allowed. Multiple people are not allowed to enter the gym with one access code.
6.2. Gym Eesti has the right to change or replace access solutions by notifying the client.
6.3. Gym Eesti may offer an optional facial recognition-based access system.
6.4. A member account can only be used on one mobile device at a time. For security reasons, Gym Eesti may temporarily block the account if the same account is detected to be used on multiple devices. To restore the account, the customer must contact customer support at info@gymeesti.ee .
6.5. In the event of account sharing or abuse, Gym Eesti has the right to:
6.5.1. impose a contractual penalty of up to 100 euros for each violation;
6.5.2. suspend customer access;
6.5.3. to terminate the contract.
7.1. The client confirms that his/her health condition allows him/her to use the gym services and that he/she exercises at his/her own risk.
7.2. The client undertakes to follow the internal regulations and lawful instructions of Gym Eesti employees.
7.3. Gym Eesti has the right to organize events, maintenance work and other activities in the gym, which may entail temporary access restrictions or changes to opening hours. Gym Eesti will notify the client of this within a reasonable time in advance via the mobile application, website or email. The client undertakes to tolerate temporary restrictions and has no right to demand a reduction in the service fee, refund or other compensation due to them.
7.4. Gym Eesti is not responsible for items left or stored in the gym premises, unless the damage is caused by Gym Eesti’s intent or gross negligence.
8.1. Payment for Gym Eesti services is made by credit card. To use the services, the client is obliged to add a valid credit card.
8.2. By entering into the contract, the client gives Gym Eesti consent to use the payment card details entered by them to make payments under the contract in accordance with the selected service and these terms and conditions.
8.3. The Client agrees that Gym Eesti may use an authorized third-party payment service provider to process payments, acting on behalf of and on behalf of Gym Eesti. The Client agrees that Gym Eesti or Gym Eesti’s authorized payment service provider has the right to make automatic and recurring payments without additional confirmation from the Client for each individual payment, unless the terms of the specific service provide for a different payment procedure. Gym Eesti does not store the Client’s full payment card details. Payment data is processed in accordance with applicable legislation and security requirements.
8.4. Amounts payable under the contract are considered paid from the moment the corresponding amount is received in Gym Eesti’s bank account.
8.5. The fee for the trial training and the “365 days” package will be charged to the client’s payment card immediately after signing the contract.
8.6. For the “Lifestyle” package, the first month’s monthly fee will be charged to the customer’s payment card immediately after signing the contract. Subsequent monthly payments will be automatically charged to the customer’s payment card on the 1st of each calendar month.
8.7. The valid monthly fee published on the Gym Eesti website applies to the expired contract, and monthly payments are made in accordance with the procedure set out in this chapter.
8.8. Gym Eesti issues invoices to the client electronically after receipt of payment. The invoice is valid without a signature. The client undertakes to ensure that the account linked to the payment card has sufficient funds on the date of payment to pay all payments arising from the contract.
8.9. If payment fails for any reason, including lack of funds, Gym Eesti has the right to: (i) suspend the provision of the service; (ii) block the client’s access to the gym; and/or (iii) make repeated payment attempts during the term of the contract and up to one month after the contract ends. The client’s access will be restored after the debt is paid in full.
8.10. In the event of changes in tax rates or taxation principles, Gym Eesti has the right to change prices to the appropriate extent, notifying the customer at least 30 days in advance. Gym Eesti is not obliged to separately inform the customer of price reductions.
9.1. If the customer’s payment fails or the customer incurs any other contractual debt, Gym Eesti has the right to suspend the provision of the service and block the customer’s access to the gym until the debt is paid in full.
9.2. During service suspension:
9.2.1. the client does not have the right to use Gym Eesti services;
9.2.2. the calculation of contractual fees continues;
9.2.3. The client has no right to demand a reduction, recalculation or refund of the service fee.
9.3. Gym Eesti will notify the client of the suspension of the service and the debt within a reasonable time.
9.4. After the debt is paid in full, the customer’s access will be restored as soon as possible.
9.5. Suspension of the service or termination of the contract does not release the customer from fulfilling obligations that arose before the contract expired.
9.6. Gym Eesti retains the right to use the payment authorizations set out in clauses 2 and 8.3 and to make payment attempts for up to one month after the termination of the contract with the aim of paying the customer’s existing debt.
9.7. If the client does not use the services for reasons beyond the control of Gym Eesti, this does not release the client from the obligation to pay the fees or entitle them to a refund of the service fee.
9.8. In case of delay in payment, Gym Eesti has the right to demand interest of 0.15% of the unpaid amount for each day of delay until the debt is paid in full.
9.9. Upon receipt of payments, collection costs are covered first, followed by late payment interest and other ancillary claims, and finally the principal debt. The reimbursement of collection costs is based on the limits set out in legislation.
9.10. Gym Eesti has the right to refuse to enter into a new contract with the client until all debts have been paid in full.
10.1. Gym Eesti has the right to assign claims arising from the contract to third parties, including debt collection companies.
10.2. The client may transfer the contract to a third party only with the prior written consent of Gym Eesti.
11.1. Gym Eesti is liable to the client only if the damage is caused by intentional misconduct or gross negligence on the part of Gym Eesti. Gym Eesti is not liable for damage caused by the client’s health condition, the nature of the training, misuse of equipment, violation of internal rules or other circumstances beyond the control of Gym Eesti. The limitation of liability does not apply in the event of death or injury to health to the extent that limitation of liability is not permitted by law.
11.2. Gym Eesti is not liable for breach of contractual obligations if the breach is caused by force majeure circumstances. Force majeure circumstances include, among others, power outages, communication disruptions, fires, floods, epidemics, strikes, national restrictions and other circumstances beyond the control of Gym Eesti.
12.1. The contract shall terminate on the grounds and in accordance with the procedure set out in the package or these terms and conditions.
12.2. If the “Lifestyle” package becomes indefinite after the end of the binding period, the customer has the right to cancel the contract at any time by notifying the customer portal or by email no later than the last day of the calendar month preceding the termination. The contract ends at the end of the calendar month following the termination.
12.3. Gym Eesti has the right to terminate the contract exceptionally and without notice if the client:
12.3.1. provides false, inaccurate or incomplete information;
12.3.2. uses the gym, access code or services contrary to the contract, internal rules or instructions of Gym Eesti, including allowing access to third parties;
12.3.3. endangers the safety of oneself or others or significantly disrupts the normal use of the gym;
12.3.4. provides services in the gym without the prior written consent of Gym Eesti;
12.3.5. is in default for at least 30 consecutive days or more than three times within a calendar year;
12.3.6. otherwise materially breaches the contract.
12.4. In the event of a material breach of the contract, Gym Eesti has the right to:
12.4.1. to apply a contractual penalty as provided for in the general terms and conditions or internal rules;
12.4.2. restrict or prohibit a client’s access to the gym indefinitely;
12.4.3. refuse to enter into a new contract with the client in the future.
12.5. If Gym Eesti terminates the contract due to a material breach by the client, the service fees paid by the client are not refundable for the unused period.
12.6. Gym Eesti has the right to terminate the contract by giving the client at least two months’ notice.
12.7. The termination of the contract does not release the customer from the obligation to pay any debts, late payments or other obligations arising from the contract that arose before the termination of the contract.
12.8. The customer may withdraw from the initial contract concluded by means of communication within 14 days from the conclusion of the contract without giving a reason. By concluding the contract, the customer consents to the commencement of the service provision before the 14-day withdrawal period has expired.
12.9. If the client withdraws from the contract after starting to use the service, the client undertakes to pay for the service in proportion to the time or volume used until withdrawal. The withdrawal application can be submitted to the e-mail address info@gymeesti.ee .
12.10. It is not possible to withdraw from the trial training after the service has been fully used.
13.1. Gym Eesti processes the customer’s personal data in accordance with applicable legislation and the terms and conditions set out in the Gym Eesti privacy notice, which is available on the Gym Eesti website.
14.1. Gym Eesti will send notifications to the customer to the contact details provided by the customer.
14.2. The client undertakes to immediately notify us of any changes to their contact details.
14.3. Gym Eesti may publish general notices on the website, mobile application, or by email.
14.4. A notice sent electronically is deemed to have been delivered 5 calendar days after it was sent.
15.1. Gym Eesti has the right to organize campaigns and special offers.
15.2. The terms, prices and validity periods of the campaigns are determined in the terms and conditions of the respective campaign.
15.3. Promotions may apply only to new customers or to specified customer groups.
15.4. Gym Eesti has the right to refuse to apply a campaign discount if there is a reasonable suspicion that the client has terminated the contract solely for the purpose of participating in the campaign.
16.1. The law of the Republic of Estonia applies to the agreement.
16.2. Disputes are first resolved through negotiations. If an agreement is not reached, the customer has the right to appeal to the Consumer Disputes Commission or a competent court.
16.3. The contacts of the Consumer Disputes Commission are published on the website of the Consumer Protection and Technical Surveillance Authority ttja.ee.
