General Terms and Conditions (GTC)

The Base Zell am See GmbH

Tennis · Functional Fitness · Padel

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts between The Base Zell am See GmbH (hereinafter "Operator" or "The Base") and its customers (hereinafter "Users") regarding the use of the tennis and padel courts as well as the functional fitness area, regardless of whether the booking is made online via the booking platform Eversports, in person on-site, or by any other means.

(2) Deviating, conflicting, or supplementary terms and conditions of the User shall not become part of the contract unless the Operator expressly agrees to their validity in writing.

(3) These GTC apply in the version current at the time the contract is concluded, as published on the website.

§ 2 Contracting Party

The Base Zell am See GmbH

Karl Vogt Straße 65, 5700 Zell am See

Commercial Register No. FN 682009 f, Commercial Court Salzburg

Tax No. 90 390/8440 · VAT ID: ATU83406903

Phone: +436645077648 · Email: office@thebase-zellamsee.at

§ 3 Range of Services

(1) The Operator runs a sports center under the name "The Base" at its location in Schüttdorf, Zell am See, consisting of two tennis courts (East Hall), two padel courts (West Hall), and a functional fitness and Hyrox training area (West Hall).

(2) Current opening hours, prices, and booking options can be found on the current website and the booking platform.

§ 4 Booking and Conclusion of Contract

(1) Individual bookings of tennis and padel courts, as well as the conclusion of functional fitness memberships, are made via the online booking platform Eversports. The contract is concluded upon the User's receipt of the booking or contract confirmation (by email or in the app).

(2) Payment is processed via the payment methods offered during the booking or registration process. The specific payment methods available may vary depending on the service (individual booking or membership) and are set out in the respective booking or contract confirmation.

(3) A prerequisite for a booking or membership is the truthful disclosure of personal data during registration.

(4) Users or members under the age of 18 require the consent of their legal representative to conclude a contract (individual booking or membership). This consent must be evidenced at the time of contract conclusion by the signature or digital confirmation of the legal representative.

§ 5 Individual Tennis & Padel Bookings – Prices, Payment, Cancellation

(1) Prices: The prices displayed on the booking platform at the time of booking apply, inclusive of statutory VAT.

(2) Payment: Individual bookings must be paid for in advance using the payment methods offered on Eversports (e.g., credit card, SEPA direct debit).

(3) Cancellation of individual bookings: Individual court bookings may be cancelled free of charge up to 24 hours before the start of the booked time. In the event of a later cancellation or non-attendance ("no-show"), the full price is due; a refund is excluded.

(4) Fixed, recurring booking slots (e.g., fixed-court subscriptions for tennis or padel) are excluded from the cancellation option under para. 3. Cancellation, rescheduling, or calling off individual subscription sessions by the User is not possible; missed sessions will not be credited or made up unless expressly agreed otherwise.

(5) The Operator is entitled to cancel or reschedule booked courts for good cause (e.g., maintenance work, tournaments, force majeure). In this case, the amount already paid will be refunded or an equivalent replacement appointment offered.

(6) The booked usage time must be observed. If a court is used beyond the end of the booked time, the Operator is entitled to charge an additional usage fee for the actual overrun time at the applicable standard rate (billed per commenced 30-minute period). If the overrun causes a subsequent booking by another User to not take place as agreed, the party responsible is obliged to compensate for the resulting damage (in particular, refunded fees for the subsequent user). Repeated violations of the usage time rules entitle the Operator to temporarily or permanently exclude the User from using the courts pursuant to § 9.

§ 6 Functional Fitness Memberships

(1) The Operator offers various membership models with different minimum contract terms (e.g., 3 months, 12 months). The applicable minimum contract term is set out in the individual membership contract or the current price list on the website.

(2) After the agreed minimum contract term expires, the membership automatically renews for an indefinite period and may thereafter be terminated monthly, effective at the end of a calendar month, unless otherwise agreed in the respective membership contract.

(3) Termination after the minimum contract term has expired must be given with one month's notice, effective at the end of the month, and must be in text form (email or written document).

(4) The right to extraordinary termination for good cause (e.g., permanent inability due to health reasons with medical certification, relocation outside the service area) remains unaffected.

(5) Unless otherwise agreed, membership fees are payable monthly in advance by bank transfer to the account specified by the Operator, due by the 5th of each month.

(6) In the event of payment default, the Operator is entitled, after prior reminder, to block access to the facility until payment is made in full; statutory default interest and reasonable reminder fees may be charged. If the member is in default for more than one month's fee, the Operator is entitled, after unsuccessfully setting a grace period of at least 14 days, to terminate the membership without notice; the obligation to pay fees already due remains unaffected.

(7) A suspension of membership (e.g., due to injury or illness) is possible upon request and upon submission of a medical certificate for the duration of the incapacity; details are governed by the membership contract.

(8) Courses (group classes) offered as part of the membership may be cancelled, in particular during public holidays, school or vacation periods, in the event of the trainer's unavailability, or in the case of insufficient participant numbers. A cancellation of courses of up to six weeks per calendar year does not entitle the member to a reduction in membership fees or to claims for damages, since the general training area (free training) remains unaffected and continues to be available without restriction. The Operator endeavors to announce course cancellations in a timely manner (e.g., via notice board, app, or website). If course cancellations exceed a total of six weeks in a calendar year, the member is entitled to reasonable compensation (e.g., a pro-rata credit or replacement session) for the additional time, at the Operator's discretion.

(9) The membership is not transferable to third parties.

(10) Due to limited spaces, participation in courses requires prior registration via the booking platform. A booked course spot that is not used without timely cancellation ("no-show") may be counted against the member's respective booking quota, or, in the case of repeated no-shows, may lead to a temporary restriction of booking privileges.

(11) The Operator is entitled to adjust the content, scope, times, and trainers of the courses offered at any time, provided that the overall membership offering is not materially diminished as a result. There is no entitlement to a specific trainer or a specific course time.

§ 7 House Rules and Terms of Use

(1) Users are obliged to comply with the current house rules and the instructions of staff.

(2) The sports facilities may only be entered wearing suitable sports clothing and clean footwear appropriate for indoor courts.

(3) Use is at the User's own responsibility. Each User must satisfy themselves as to their state of health prior to use and should only practice the relevant sport if physically fit to do so.

(4) Guests brought by a User are subject to the same rules as members/Users; the inviting User is liable for their guests' conduct.

(5) The facility and training equipment must be treated with care. Anyone who causes damage willfully or through gross negligence is liable for it.

(6) Upon conclusion of the contract, the User or member confirms that they have no health limitations that would preclude participation in the training offered (in particular intensive functional fitness or Hyrox training), or agrees to inform the Operator of any existing limitations prior to the first training session. In case of doubt about one's own physical fitness, prior consultation with a doctor is recommended.

(7) The consumption, possession, or trading of performance-enhancing or prohibited substances (e.g., anabolic steroids, doping agents) within the facility is strictly prohibited and entitles the Operator to terminate the membership without notice or to impose an immediate ban from the premises.

§ 8 Liability

(1) The Operator is liable for damages only in cases of intent or gross negligence. This does not apply to damages resulting from injury to life, body, or health.

(2) Use of the sports facilities and training equipment is at the User's own risk. The Operator assumes no liability for accidents resulting from improper or inappropriate use.

(3) The Operator is not liable for the loss of or damage to items brought onto the premises (e.g., clothing, valuables), except in cases of intent or gross negligence on the part of its vicarious agents.

(4) The Operator recommends taking out one's own sports accident or liability insurance.

§ 9 House Rules Authority (Right to Refuse Access)

The Operator is entitled to exclude persons who violate these GTC, the house rules, or staff instructions, or who significantly disrupt operations, from using the facility (ban from the premises). This includes, in particular, repeated overrun of booked usage time pursuant to § 5 para. 6. In such a case, there is no entitlement to a refund of fees already paid, insofar as this is justified due to the misconduct.

§ 10 Right of Withdrawal for Distance Contracts

(1) If a consumer concludes the contract at a distance (e.g., online booking via the booking platform or website), they are generally entitled to a right of withdrawal within 14 days pursuant to the Austrian Distance and Foreign Trade Transactions Act (FAGG).

(2) However, pursuant to § 18 para. 1 no. 10 FAGG, this right of withdrawal does NOT apply to services related to leisure activities where the contract provides for a specific date or period for performance. This applies in particular to bookings of specific court times for tennis and padel. For such bookings, only the cancellation rules under § 5 of these GTC apply.

(3) For the online conclusion of a functional fitness membership, the statutory right of withdrawal under FAGG applies, provided no exception applies. Further information is provided to the User in the separate withdrawal notice at the time the contract is concluded.

§ 11 Data Protection

(1) Personal data collected in connection with a booking or the conclusion of a membership is processed exclusively for the performance of the contract and, where consent has been given, for marketing purposes. Further information can be found in the privacy policy on the website.

(2) Parts of the facility are monitored by video for security and property protection purposes. The monitored areas are marked with appropriate signage before entry. Changing rooms, showers, and restroom areas are excluded from any camera surveillance. Further information on the purpose, legal basis, retention period, and rights of data subjects in connection with video surveillance can be found in the separate privacy policy on the website.

§ 12 Amendment of the GTC

The Operator reserves the right to amend these GTC with effect for the future. Active members will be informed of material changes at least four weeks before they take effect. If the User does not object within four weeks of receiving the notice, the change is deemed accepted; the notice will specifically draw attention to this right of objection and the legal consequences of silence.

§ 13 Final Provisions

(1) Austrian law applies, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods.

(2) The competent court at the Operator's registered seat shall have jurisdiction over all disputes arising from or in connection with this contract, to the extent legally permissible.

(3) The European Commission provides a platform for online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr. The Operator is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

(4) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

The Base Zell am See GmbH

Tennis · Functional Fitness · Padel

As of: July 2026