General terms and conditions

1. Scope of application, changes to GTC, means of payment

- 1. The General Terms and Conditions (GTC) govern the legal relationship between ADV HORESPA SARL, Fleurs des Champs 17, 3963 Crans-Montana and its members. Where the company name ADV HORESPA SARL is used hereinafter, this applies to membership subscriptions both on the www.art-vivre.ch website and in the Art de vivre hotel.

Certain ADV HORESPA SARL products and services are subject to specific contractual terms and conditions. The member expressly declares that he/she is aware that changes to the GTC as well as other rules of use (internal rules and data protection declaration), which form an integral part of the GTC, may be made for justified reasons and that he/she will be informed of these changes in an appropriate manner. If the member rejects these in writing within 30 calendar days, the previous GTC will apply until the end of the contract period. The member is not entitled to any claims based on a change in the GTC. The current contractual provisions can be viewed at any time at www.art-vivre.ch.

       Membership

- 1. The contract (membership contract) is personal and non-transferable.

- 2. Membership is open to individuals aged 16 and over. The prerequisite is the agreement of a legal representative.

- 3. Membership contracts subscribed to online are considered legally subscribed upon receipt of payment by ADV HORESPA SARL.

The member is obliged to notify ADV HORESPA SARL of any changes to data relevant to the contract (e.g. name, address, e-mail) within 14 days.

- 1. Our spa offers various memberships and services. The offer varies according to the price paid. All other services offered directly by ADV HORESPA SARL are not included in the membership fee.

- 2. Any exchange or refund of additional services paid for is excluded. In the event of a delivery error, ADV HORESPA SARL must be notified by e-mail with supporting documents within 3 days of delivery.

- 3. Cancellation of chargeable services is possible up to 48 hours in advance. Appointments for chargeable services that are rescheduled too late or not kept will expire without replacement and will be invoiced.

- 4. ADV HORESPA SARL grants its members non-exclusive use, during opening hours, of the facilities and exercise equipment of its studios in accordance with the fee paid. ADV HORESPA SARL expressly reserves the right to change the location, opening hours and equipment of the studios. All other services offered by ADV HORESPA SARL, such as drinks, locks, towels or Personal Trainings, etc., are not included in the membership fee and must be paid for separately in advance.

- 5. The offer may change at any time without entitlement to any refund or extension of membership.

- 1. The smart card used as proof of membership and as an access card is given to the member only once and is included in the basic price. The conditions are set out in the current price list. It is generally issued when the member visits the site for the first time. Only one (1) smart card may be issued per member. In the event of loss, a new smart card must be collected and paid for at CHF 5.

- 2. The smart card must be presented spontaneously at each entrance, and the principle applies: no entry without a smart card.

- 3. Entry and exit times, as well as the use of services not included in the membership fee, are recorded on the smart card. The corresponding records are binding. This data is used as proof. They are automatically deleted one year after termination of the contract.

- 4. The member will be responsible for any damage or loss and must acquire a new smart card.

- 1. The member undertakes to comply with the GTC and to follow the instructions given by the staff. Local house rules apply, as do any other rules governing the use of the facility. These form an integral part of the membership contract.

- 2. The member undertakes to comply with the current hygiene regulations of the Swiss Federal Office of Public Health (FOPH) and with the directives of the company's personnel. Members showing symptoms of illness are not allowed to use the studios if there is a suspicion of a contagious disease and/or if quarantine has been imposed (by the authorities or on the member's own initiative). ADV HORESPA SARL accepts no liability in this respect, as the risk of contagion cannot be totally excluded by observing hygiene rules alone.

- 3. In the event of serious or repeated non-compliance with internal rules and/or staff directives, ADV HORESPA SARL is entitled to prohibit access to the building, terminate membership with immediate effect, and take back or declare invalid the smart bracelet or membership card of the person concerned. The member will not be reimbursed for any membership fees paid. In the event of serious disruption of training by the member, no prior warning is required.

- 4 Members and third parties are prohibited from offering goods or performing services on the studio premises, whether free of charge or in return for payment, without the express written permission of ADV HORESPA SARL.

- 1. The membership fee is determined according to the applicable price list. No access authorization will be granted if payment has not been received. Compensation is independent of actual use of the offer.

- 2. All spa services are prepaid: the one-off membership fee must be paid by the member at the start of the contract period, when the contract is taken out or extended.

- 3. Access is personal and non-transferable. Access gives the customer the right to access ADV HORESPA SARL.

- 4. Daily access is personal and non-transferable. Access begins with the scan of the smart card; it is considered to have ended as soon as the customer leaves the establishment.

- 1. Use of the services offered by ADV HORESPA SARL, in particular the use of training equipment and facilities and participation in courses, is at the user's own risk. Insofar as permitted by law, ADV HORESPA SARL cannot be held liable for direct or indirect damage. It is the member's responsibility to take out insurance.

- 2. ADV HORESPA SARL accepts no responsibility for the loss of personal belongings, valuables, money, clothing, membership cards, etc., nor for any items left at reception, in the cloakroom or in the children's area. ADV HORESPA SARL also accepts no responsibility for items left at reception, in the checkroom or in the children's area.

- 3. The member is liable for any damage caused by him/her to the training facilities and equipment, as well as for the loss of loaned items (value in accordance with internal rules), and must reimburse ADV HORESPA SARL in full for the cost of repair and/or replacement.

- 1. The facilities and training equipment are made available for non-exclusive use by the member every day during the opening hours specified for each sector, except in the event of servicing, cleaning, conversion, refurbishment, etc., for which the member is responsible.

- 2. ADV HORESPA SARL's studio locations, opening times and equipment, as well as the courses offered, are subject to change at any time.

- 3. Temporary or permanent closure or partial closure of one or more sectors remains reserved.

- 4. Interruption of operations (due to overhaul, maintenance or construction work, special events) does not entitle the customer to any refund of sums paid in advance or to any extension of the contract period.

- 5. Interruption of operations due to force majeure (e.g. fire, epidemics, pandemics, government restrictions, strikes) and/or decrees or other measures by government authorities do not entitle the customer to any reimbursement of sums paid in advance or to any extension of the contract period.

- 1. Non-use of ADV HORESPA SARL facilities or courses does not entitle the member to any reduction or refund of the membership fee.

- 2. All members are entitled to a suspension of the contract after a minimum contractual period of 12 months, subject to pre-defined conditions.

- 3. Members may suspend their membership for a minimum of 1 month and a maximum of 9 months (rest period) for valid reasons (illness, maternity, accident, military service), without this constituting a right. Time off must be requested prior to the absence, accompanied by the relevant confirmation/certificate.

- 4. Retroactive requests for time off may only be made in the event of illness or accident. Such requests must be made within one month of the expiry of the medical certificate stating that the employee is unfit to train. Requests submitted after this deadline will no longer be considered.

- 5. The time credit will be calculated without interruption over the existing contractual period. Cash compensation is excluded.

- 6 In the event of any suspicion of improper suspension of the contract, ADV HORESPA SARL reserves the right to terminate the membership contract without delay and without reimbursement of the membership fee.

- 7. If the member enters a studio during a contract suspension, the contract suspension will end immediately and irrevocably. Retroactive rest times can only be taken into account for periods during which no access to ADV HORESPA SARL's premises has taken place.

- 1. The duration of the contract depends on the contract; the contract takes effect upon subscription by the member.

- 2. Payment: Single-payment membership expires automatically without termination at the end of the contract term. The member may renew the membership contract, including the GTC, by paying the membership fee again for the chosen contract term, in accordance with the current price list (www.art-vivre.ch).

The member declares that he/she is aware of and agrees that certain areas of the ADV HORESPA SARL establishment may be monitored by cameras to ensure qualitop certification and for protection and security reasons. Checkrooms and washrooms will not be monitored by cameras.

The processing of personal data in connection with ADV HORESPA SARL membership contracts is subject to the company's data protection declaration. The data protection declaration explains how the company processes personal data, particularly in connection with ADV HORESPA SARL membership contracts, and in particular provides information on the purpose for which personal data is processed, whether it is passed on within ADV HORESPA SARL, and the rights of data subjects in relation to their personal data. By joining ADV HORESPA SARL, members accept that their personal data will be processed in accordance with the data protection declaration.

These General Terms and Conditions and any membership contracts concluded in accordance with them are subject exclusively to Swiss substantive law. The place of jurisdiction is Sierre (VS).