General Terms and Conditions Better Tennis Academy GmbH and BTA Training GmbH (hereinafter referred to as BTA)

Conclusion of contract, scope, inclusion of the terms and conditions

The following conditions apply to all contracts concluded in connection with BTA Training GmbH or Better Tennis Academy GmbH (hereinafter referred to as BTA). Collateral agreements, changes or additions are only valid if confirmed by us in writing. The contract with the BTA comes after verbal / written registration through our verbal / written confirmation. The BTA is free in accepting an order. Upon conclusion of the contract, the terms and conditions of the BTA apply as recognized. BTA is entitled to change or amend these GTC at any time.

Training

The BTA offers individual, group, performance and team training, as well as ball school courses, tennis camps and tournament coaching. It also organizes tournaments, workshops, winter cups and various other events. A detailed overview of services can be found on our website at https://better-tennis.at.

The BTA divides the lesson groups according to practical needs, in particular playing strength and age. The BTA tries to take the customer's wishes into consideration as far as possible. A right to occupy training hours with certain coaches does not exist on the part of the customer. However, BTA endeavors to meet customer wishes in the best possible way; these must be communicated in writing by the customer.

If necessary, the classification can still be changed after the start of training. This concerns both the group composition and the group size. Such a change does not constitute a ground for termination. If the size of the group changes, any price differences arising from the BTA (with the addition of an additional player) or the customer (in the event of a player's failure) must be compensated.

The BTA reserves the disposition and naming of the trainer, as well as the right of a trainer change during an ongoing training or course.

Duration of the training session

The duration of the training session is 55 minutes 

Prices / Payments

The prices of all services are always up to date https://better-tennis.at seen. The prices apply at the time the contract is concluded.

All prices of the BTA are non-binding, non-binding and can be changed at any time, all prices quoted include the Austrian value added tax (gross prices).

All courses, blocks, lessons or other services of the BTA are to be paid in advance in full. For players who participate in the performance training of the BTA billing takes place monthly in advance. The fee for performance training is to be regarded as the annual training fee, which is broken down into monthly installments.

The agreed training fee must be paid at the beginning of each course, training or service or at the latest 14 days from the invoice date.

In special cases partial payments can be agreed with the BTA on course costs, the agreed payment terms are to be kept by the customer exactly otherwise the part payment agreement expires.

In the event of a delay of more than 14 days, the tennis school is entitled to charge a default interest of 6%.

In case of default of payment, all reminder and collection charges, in particular pre-litigation reminder fees, shall be reimbursed. For each reminder by BTA, the customer will be charged for reminder and postage costs.

If a player has not fulfilled his payment obligation within 21 days, BTA reserves the right to exclude the player from the training until the deposit has been paid. In this case the performance obligation of the BTA does not apply to performance and group training, but the entitlement to the training fee remains.

Cancellation / cancellation of training sessions

If agreed training dates can not be met, the customer must notify them immediately, but no later than 24 hours before the training. Otherwise, the performance obligation of BTA will be canceled, while the entitlement to a training fee (hereinafter always including the space rent incurred) will be retained for the BTA.

With individual training a cancellation is possible up to 24 hours before the training date. In case of cancellation less than 24 hours, the complete training fee incl. Space rental will be charged.

Customers who participate in a group training or service (2 or more people) can not make up for lost time for another appointment free of charge, or later receive a partial refund of the purchase price or a partial credit when they receive it missed lesson (s) with other members of the training group. This also applies if the individual customer cancels 24 hours or earlier. If all members of the training group cancel 24 hours before the start of the training, then a free shift of the canceled training session is possible.

In performance training, which is a monthly training with a monthly payment, the customer's monthly payments remain in force, even if some training weeks are canceled due to holidays or other reasons.

In case of prolonged failure of a customer (from 4 weeks) due to injury, illness or similar. An agreement can be made upon presentation of a medical certificate to credit the already paid and not used training sessions.

Non-recurring training sessions due to the prevention of a trainer or non-playability of the places will be made up.

If the training must be stopped due to adverse weather conditions after a training period of at least 30 minutes, the training session is considered fully consumed.

Discounts or other credits will be credited towards future benefits and will not be redeemed in cash.

The following rules apply to the cancellation of holiday camps:

From 14 days to 7 days before the camp begins: 20%

From 6 days to 3 days before the camp begins: 30%

From the 3rd day before the camp begins: 50%

If the customer stays away from the camp without notifying the organizer. In this case 100% of the camp contribution has to be paid.

Duty of supervision of minors children

The duty of supervision for underage children is limited to the duration of the training session (at holiday camps, depending on the program, including advertised childcare periods, provided they have been booked and paid for).

The parents / guardians must ensure that the supervision of their child is ensured seamlessly before or after the training. They must inform their children that they can not leave the training area and that they must follow the instructions of the trainer. The BTA accepts no liability if a child leaves the training area.

Exclusion from training

In individual cases, we reserve the right to exclude participants from a group or a training if, despite admonishment, they do not follow the instructions of the trainer or disturb the training. Parents agree that their child must remain in the training area in such a case until it is picked up. In this case, the excluded person is not entitled to reimbursement of his (pro rata) training allowance.

Health / ownership

The customer assures that he is in a good health condition to participate in a sports training. He does this on his own responsibility. Both health problems before training and health or condition problems that occur during training, he is obliged to communicate this to the coach immediately.

Liability

The liability of BTA for damages in connection with the training is limited to the duration of the training session, the training site as well as intent and gross negligence. BTA is not liable for injuries or accidents that occur to a customer in the course of the contractual performance of the service. For damages caused by persons with whom the BTA is not in a contractual relationship, the BTA assumes no liability.

The customer is liable for damages caused by him on the training material loaned by BTA. The customer is also liable for any damages to the tennis school or its customers caused by third parties or animals taken by him or by him.

Warranty

Complaints about poor or missing performance of the BTA or any damage caused to persons or during a training session must be reported in writing to the tennis school within 72 hours of this training session. Upon expiry of this period, BTA's performance will be deemed approved.

Privacy policy

See our privacy policy at https://better-tennis.at/datenschutz

Rental of tennis courts by the Better Tennis Academy GmbH (hereinafter BTA) on the tennis courts Better Tennis Center Alt Erlaa and Traiskirchen

By entering the tennis courts Better Tennis Center Alt Erlaa and Traiskirchen by tenants, teammates, club members, season ticket holders and visitors or the booking of seats, the terms and conditions of the BTA in all points as known and take effect.

The opening hours of the facilities Better Tennis Center Alt Erlaa and Traiskirchen can be found on the attachments or on the homepage https://better-tennis.at be taken in the online reservation system (Eversports) of each tennis facility.

Every booking represents the conclusion of a rental contract, which is based on the terms and conditions. The landlord reserves the right to change assigned seats or to use assigned seats for special purposes and events themselves, as long as the renter is informed at least 24 hours in advance about the claim.

Individual lessons:

Bookings of individual lessons are made by name. Booked individual lessons must be paid before the game begins. If the renter partially or not at all uses the booked hour, any claim for reimbursement of the rental price is void. If the hour has not yet been paid, the renter will be charged the rental price. Booked hours can be canceled up to 24 hours before the start of the game in order to cancel the payment obligation.

If a member or a season ticket holder places a seat and plays with one or more non-member or seasonal ticket holders, these must be indicated in the online booking system and the system will automatically calculate the seat rental

Subscribed:

Subscriptions entitle the customer to regularly play on the agreed place at the agreed time. They are legally binding and only valid for the completed period. The beginning and the end of each subscription season are determined by the management and announced in writing to the customer in a timely manner. If, for personal or health reasons, the customer is unable to use the booked lesson, he / she has the option to cancel the subscription hour at least 24 hours before the start of the subscription or to replay it on another day.

Game Unit:

The space rent is calculated per game unit = 60 minutes. The 60 minutes also include the required course care before leaving the course. Place maintenance means a large and complete deduction of the places with the Abziehmatte (also the play areas outside the lines are to be deducted!) The rented play time must not be exceeded, even if the place after the play time is not used.When played beyond the rented time, so every hour started is calculated.

Prices:

It applies to each on https://better-tennis.at announced or deposited in the online reservation system (Eversports) of the respective tennis facility prices. The offer of additional services (showers, toilet, hot water, etc.) is made available after best efforts, but is not contractually by booking a service and thus there is no claim, should the offer for technical reasons, once not be available on it or for damages. The lighting for the pitches is generally included in the winter season and also in the rental price for hall subscriptions or free space subscriptions with hall replacement seats in the summer season.

Payment / Cancellation:

The payment must always be made before the game starts online or at the reception or after receipt of the invoice. In any case, subscription fees must be paid in full before the first hour of play or at the latest 14 days after receipt of the invoice. Online bookings made are binding and subject to a charge, unless canceled again at least 24 hours before the start of the game.

data storage

By registering in the online booking system and booking, consent is given for the storage of personal data such as name, address, telephone number, e-mail address and bank details. These are stored exclusively for the purpose of booking and their processing. A transfer of personal data to third parties is not.

Using rules

The respective indoor courts and all facilities are functional and gentle to handle. Devices and equipment may only be used properly as intended. The renter of the place or each individual user is fully liable for any damage caused by it, contamination or damage to the building, furnishings and equipment, as far as it is not normal wear or material defects. Damage and contamination must be reported to the landlord or his staff and temporary help immediately.

The bringing of animals is not allowed.

The installation of posters etc. requires the prior and express approval of the BTA.

For lost or stolen objects no liability is accepted. It is recommended to wear sports bags with all valuables.

Bottles, jars, cans and other containers, other garbage, as well as food and chewing gum are to be disposed of appropriately in the garbage collection containers.

Smoking is generally prohibited in the hall, in the changing rooms and in the canteen.

Every visitor and user of the tennis courts must obey the instructions of the staff.

The course and the courts may only be entered with suitable and clean sports shoes (tennis shoes). The wearing of pimpled shoes, running shoes or street shoes is generally prohibited. The wearer of these shoes is liable for any damage resulting from the use of unsuitable footwear.

Entering and using the courses is at your own risk.

Parents are responsible for their children (exception during a tennis lesson).

Children are to be supervised by their parents on the tennis court, in the hall and in the other rooms (except in tennis lessons).

Unnecessary noise and raving is prohibited.

Climbing fences and walls is prohibited

In the case of assaults against players, spectators, staff or referees, or in the case of gross insults or unsportsmanlike conduct, an immediate reference is made to the tennis court and the resulting legal consequences

The use of the facilities or parts of these requires the prior reservation and registration and payment at the reception (canteen). If facilities are used without registration and / or payment, a replacement fee of € 100, - will be charged. At its discretion, a lawsuit can be brought and house ban (temporary or permanent) to be pronounced.

Users of the parking lot at the Better Tennis Center Alt Erlaa have to report the use at the reception (canteen) and a parking coin before leaving the pak place. On request, a seasonal parking card can be purchased. Vehicles without a valid parking permit may be towed at the expense of the keeper or their keeper may be sued for an infringement suit.

In the parking lot is walking speed and the STVO. The use is at your own risk and requires the solution of a parking coin or a season parking ticket at the reception (canteen).

Parking at the Better Tennis Center Traiskirchen is generally free of charge for customers staying in designated and available parking spaces. Only staff, coaches and customers of the Better Tennis Center Traskirchen are allowed to use these parking spaces for the duration of their stay. If other vehicles are parked in these parking spaces, they can be towed away at the expense of the owner or their owners can be sued for a lawsuit.

House right and disclaimer

The landlord and his authorized representatives exercise the rights of the landlords. Liability of the landlord and its employees and temporary staff, external organizers, the owner of the site, the visitors, players and helpers, authorities, sponsors or legal or natural persons who are in contact with the organization on the premises to tenants, teammates and Visitors to the air-inflated hall in the event of accidents, loss, theft, personal injury, property damage and financial loss both inside and outside the facilities, even on the driveways and parking lots for whatever reason is excluded in any case. In particular, there is no liability for injuries or theft / loss of clothing, equipment, valuables of any kind as well as for theft and damage of vehicles.

Violations

Should it be necessary due to the violation of these terms and conditions, the operator may grant the exclusion from the further use of the system without exemption from the obligation to pay the respectively valid rental price as well as further prohibition of the house. A claim for reimbursement of the fees already paid for the excluded use does not exist. The assertion of further claims for damages and other claims remains reserved.

Jurisdiction

The place of jurisdiction is Vienna as well as Austrian law

Final provision

By participating in the training, the terms and conditions are considered accepted.

Should provisions or essential parts of the GTC be or become legally ineffective, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the economic purpose of the ineffective provision.