General Terms and Conditions (GTC)

Pro Icon SD e.U., Owner Ahmed Mansour, Maroltingergasse 88/1, 1160 Vienna, Austria.

Subject of the contract are, depending on the chosen offer, in particular EMS training, fitness studio memberships, trial training, appointment management, training support, and organizational secondary services. EMS training does not constitute medical treatment and replaces neither medical diagnosis nor therapy.

The representation of services on the website does not yet constitute a legally binding offer. A contract only comes into existence when we expressly confirm a booking or application, a membership form is signed by both sides, or the service is actually rendered.

The prices expressly agreed upon at the time of contract conclusion apply. All prices are in Euro inclusive of statutory value added tax, unless otherwise stated in individual cases. Price changes for already existing consumer contracts are not carried out unilaterally on the basis of indefinite or intransparent clauses. Changes are only permissible if they are individually agreed upon or mandatory by law.

Memberships are concluded either for an indefinite period with an agreed minimum binding period or for an expressly agreed specific term. The specific contract variant, the minimum binding, the tariff, the scope of services, and the cancellation options are recorded in the registration form or in the booking confirmation. A tacit automatic renewal of fixed-term consumer contracts beyond the legally permissible limits is not agreed upon. Insofar as a legally permissible renewal regulation is used, the cancellation option is clearly and transparently highlighted.

Indefinite contracts can be terminated by both sides after expiry of any minimum binding period with a notice period of one month to the end of a month in text form, unless a more favorable regulation for consumers is agreed upon in the individual contract. The right to extraordinary termination for good cause remains unaffected. A good cause can exist in particular in the case of permanent medically confirmed training unsuitability, officially ordered closure of the operation for a significant period, or serious breach of contract by a contracting party.

A temporary suspension of membership can be granted out of goodwill or on the basis of a separate agreement, in particular in the case of proven pregnancy, prolonged illness, military or civilian service, or prolonged professional stay abroad. Legal rights remain unaffected. Details, duration, and evidence are determined in writing in individual cases.

Insofar as appointments must be booked in advance, appointments are made according to availability, personnel capacities, safety requirements, and opening hours. A claim to a specific trainer, day of the week, or a specific time exists only with express agreement. Agreed individual or personal appointments can be postponed or canceled free of charge up to 24 hours before start. In case of later cancellation or unexcused no-show, a booked individual appointment may be considered consumed, insofar as this is provided for in the respective tariff and is objectively justified towards consumers. A membership as such does not lapse due to a single no-show.

Participants are obliged to disclose all circumstances essential for safe EMS training completely and truthfully and to notify changes immediately. In case of doubt about training suitability, medical clarification may be requested before starting training. We are entitled to reject, postpone, or cancel the training entirely or partially for safety reasons if, according to technical assessment, there are health risks.

We are liable without limitation for damages from injury to life, body, or health that we have caused intentionally or through negligence, as well as according to mandatory legal provisions. For other damages we are liable without limitation for intent and gross negligence. In case of slight negligence we are liable – except for personal injury – only for violation of essential contractual obligations and only for the typically foreseeable damage. Liability for damages based on incorrect or incomplete details by the member regarding safety-relevant health circumstances, on grossly anti-training behavior, or on non-observance of binding safety instructions is excluded to the legally permissible extent. For brought-along items, in particular money, jewelry, or other valuables, liability is only assumed according to the legal provisions; further custody is only assumed if this was expressly agreed in writing.

In case of default of payment, the legal consequences of default can be asserted. Costs of a justified return debit or appropriate legal prosecution are only charged to the legally permissible extent.

Possible house rules are part of the usage relationship, as far as they are made accessible to the customer before contract conclusion or at the latest at the start of the contract and do not contain any surprising or grossly disadvantageous provisions.

Consumers have a statutory right of withdrawal in the case of distance selling or contracts concluded outside of business premises in accordance with the withdrawal information in Section 4.

Austrian law applies to the exclusion of the referral norms and the UN Sales Convention, as far as mandatory consumer-protecting provisions of the state in which a consumer has their habitual residence are not withdrawn thereby. For consumers, the legal jurisdictions apply. A jurisdiction agreement at the expense of consumers is not made. Towards entrepreneurs – as far as legally permissible – the objectively competent court at the headquarters of Pro Icon SD e.U. is exclusively competent.

Should a provision of these GTC be or become entirely or partially invalid, the validity of the remaining provisions remains unaffected. The statutory regulation takes the place of the invalid provision.