General Terms and Conditions valid

General Terms and Conditions

Provision of Services in the GOLEM CLUB Establishments

(hereinafter referred to as the "GTC")

1. Subject of the GTC

1.1 The subject of these GTC is the regulation of the rights and obligations between PREMIUM FIT, s.r.o. with its registered office at Einsteinova 18, 851 01 Bratislava, ID No.: 35 817 721, registered

in the Commercial Register maintained by the City Court Bratislava III, Section Sro, Entry No. 24671/B, which operates the individual physical education and sports facilities of GOLEM CLUB and the Client

a) a domestic legal person or natural person entrepreneur pursuant to generally binding legislation of the Slovak Republic, or a foreign legal person or natural person who meets the characteristics of an entrepreneur according to the relevant foreign legal regulations governing it and these persons act within the scope of their profession, business or entrepreneurial activity,

b) a domestic or foreign natural person who is not an entrepreneur pursuant to the relevant generally binding legal regulations and does not act within the scope of a profession, business or entrepreneurial activity

in the provision of services and sale of goods by the Operator. The GTC are published in each establishment in an accessible place, as well as on the Operator's Website: https://www.golemclub.sk/sk and in the Kiosk.

1.2 By signing the registration form or by other demonstrable means of consent to these GTC (but no later than each time by starting to use the Operator's Services or by purchasing goods from the Operator), the Client confirms that he/she has read the GTC, the terms and conditions of personal data protection, the Operating Regulations, the Operator's Complaints Procedure, the Operator's Security and other regulations, or other documents of the Operator which are available on the Operator's Website https://www.golemclub.sk/sk

1.3 Unless otherwise agreed in writing, these GTC apply to the legal relationship between the Client and the Operator.

2. Definitions and Conditions of Use

2.1 "Promotion" means a one-off product or Service with special terms and conditions that is not specified in the Price List. The event is charged at a special price and does not apply to Corporate Clients. The terms and conditions of the Promotion, including the price and time limitation of its use, will be published by the Operator on selected Sites and the Website.

2.2 "Service Activation" means the act of the Client that makes the Service functionally available, either by indicating the start of its use through the Customer Account at the time of the Order or immediately in the case of a time-limited Service without indicating its start, which will enable the Client to actually use the Service.

2.3 "Benefit Voucher" means a selected voucher accepted by the Operator on the basis of a contractual relationship with a third party, which is eligible to top up the Credit on the Credit Account for the Client indicated on the Benefit Voucher or has a special code on the Benefit Voucher. The Operator undertakes, upon delivery of the benefit voucher to a specific Operator's Establishment and its inspection by an authorized person, to recharge the Credit in the relevant amount to the Client's Credit Account within 72 hours.

2.4 "Safety and Other Regulations" means the laws, regulations, standards and other rules for the protection of life and health in force and in effect at the time of the Client's use of the Services, which the Client is obliged to comply with, and which relate directly or indirectly to the safety and protection of life and health when using the Services at the respective Establishments. By entering the Centre, the Client confirms that he/she has familiarized himself/herself with all security and other regulations published in the selected Facilities for the selected Services of the Operator, and that he/she agrees with them and undertakes to comply with them in their entirety.

2.5 The "Service Price" is negotiated in accordance with Act No. 18/1996 Coll. on prices as amended as a contractual price and consists of the sum of prices in accordance with the current Price List for all individual acts provided within the Service, or for the price of an individual Service. The price of the Service is set out in the currently valid Price List for the provision of Services, including the relevant value added tax rate according to the legal provisions in force at the time of provision of the Service.

2.6 "Price of the Goods" is negotiated in accordance with Act No. 18/1996 Coll. on prices as amended as the contract price. The price of the goods is quoted in the currently valid Price List, including the applicable value added tax rate according to the legal provisions in force at the time of purchase.

2.7 "Price List" means a list of the Services and goods provided by the Operator, including prices for the individual Services provided, goods sold, surcharges, by the Operator in the Centre, and may also indicate the duration of the Service and other conditions of its use of selected services, purchase options, cancellation terms of Reservations and other terms and conditions of individual services. The price list is available online on the Web site as well as in a prominent place in each Centre. The Operator reserves the right to unilaterally change the information contained in the Price List.

2.8 "Centre" or "Facility" means the GOLEM CLUB physical education and sports facility operated in the following facilities:

a) Golem Club AUPARK, Bratislava, Einsteinova 18,

b) Golem Club AVION, Bratislava, Ivánska cesta 16,

c) Golem Club CENTRAL, Bratislava, Metodova ul.6,

d) Golem Club BORY MALL, Bratislava, Lamač 6683,

e) Golem Club Relaxx, Bratislava, Einsteinova 7,

f) Golem Club TOWER, Bratislava, Pribinova 25,

g) Golem Club Žilina, Žilina, Veľká Okružná 59/A,

h) Golem Club AUPARK, Košice, Osloboditeľov Square 1,

i) Golem Club MARTIN, Martin, Pltníky 2,

j) Golem Club Poprad, Poprad, Námestie Svätého Egídia 3290/124.

2.9 "Membership" shall be created by the execution of a written Membership Agreement.

2.10 "Membership Fee" represents the remuneration for the Operator for entry to the fitness center. The price of entry to the fitness center (selected Facility) may also include ancillary, additional services if the given Facility provides them to the Clients at the time of using the fitness center services and they are an ancillary part of it (for example cardio, sauna, swimming pool, jacuzzi, aerobics, group exercise, etc.). It is one-off payment, the payment of which entitles the Client to use the Services within the scope of the relevant category of Membership as defined in the Terms and Conditions.

2.11 "Service Period" means the period of time from the effective date of the Contract to the date of its termination during which the Client is entitled to use the selected Service of the Operator according to the selected Service and its duration.

2.12 "Golem Card" is an electronic barcode generated by the Operator for the Client stored electronically or on a fixed medium (plastic card). The Golem Card is personalized, established for the benefit of the Client by the Operator and is a condition for the Client to enter the facility and use the Services, unless otherwise stated, and is the result of the successful creation of a Customer Account.

2.13 "External Trainer" is a person providing personal training in the Facility and does not have a contractual relationship with the Operator.

2.14 "Company Discount" preferential conditions for Clients - legal entities, whose employees or members as independent Clients are required to prove the document that entitles them to use the preferential conditions (employee card, login via the company's or employer's email address or according to the agreement with the Client - legal entity)

2.15 "Guest" means a person who, after fulfilling the conditions set by the Operator, is accompanied by a Client with a valid Membership or a Client in the selected Establishments and is entitled to use the Services in the selected Establishment to the same extent as the Client. The Guest is required to complete and sign a paper registration form prior to entering the Facility; however, the Guest is not required to create a Customer Account. The Guest is fully subject to these GTC as the Client. The Guest is obliged to comply with all obligations set forth in the GTC, Terms and Conditions, Operating Regulations, Security and other regulations and to follow the instructions of the Responsible Person.

2.16 "Kiosk" MINI CASH SLIM (including hardware and related software) is a self-service device of the Operator, which is used for (i) registration of Clients to the Customer Account, (ii) as a payment terminal for the purpose of payment of prices for the Services and also serves as (iii) a verification identification tool to enable access to the Establishments.

2.17 The "Client" means:

a) a natural person over 15 years of age or a legal person who is entitled to use the services provided by the Operator in the individual Centres.

b) a natural person over 3 years of age and under 15 years of age who is allowed to enter the Centre exclusively accompanied and supervised by the Coach, unless otherwise stated in the Contract.

Unless otherwise specified in these GTC or by the Operator at selected Services, the Client's identification at each entry to the Service shall be verified by a Valid Identification Document or by means of a mobile application. In view of the fact that the legal entity as such, due to its existence, is unable to use the Services, the Services shall be used on behalf of the legal entity by a natural person designated by it, who shall also be subject to the rights and obligations under these GTC. The conditions of access for selected Facilities and Services may be regulated differently by the Operator for the safety and health of Clients at individual Facilities.

2.18 "Credit" means funds credited to the Client's Credit Account depending on the amount specified by the Client and the Client's payment of the corresponding amount to the Operator via the available payment options. The credit can be topped up in the ways allowed by the Operator, in particular by credit card. The Client will be issued a confirmation of the top-up of the Credit. Topping up the Credit does not lead to the purchase of Services/Goods, it only represents an advance payment for the price of Services and Goods drawn by the Client. With the available Credit, the Client shall pay, or have deducted from the Credit, the price of each separately provided Services, Promotions or goods withdrawn by the Client in the amount according to the applicable Price List. The possibility of applying the Credit is limited to 1 year from the last day of using any Service/purchase of goods from the Operator (recorded in the Customer's Customer Account by the Operator), or making the last payment from the funds credited to the Customer's Customer Account for the use of any Service or purchase of goods from the Operator. In the event of a claim for the amount of the Credit balance on the Credit Account, the Client is obliged to present the Operator with the latest confirmation of the Credit top-up.

2.19 The "Credit Account" may be used by the Operator's Clients, provided that they comply with these GTC. The Credit Account is accessible to the Client who has created a Customer Account and is part of it. The Credit Account is activated when the first Credit deposit is credited to the Credit Account. Before the first deposit via the Customer Account, the Client must have a verified email in the Customer Account. The Client's Credit Account shows the amount of the Client's Credit, i.e. the actual amount of funds (Credit) that the Client has deposited into his/her Customer Account, after deducting payments for selected Services or goods ordered/drawn by the Client.

2.20 "Order" means a proposal for the conclusion of the Contract, which takes the form, in particular, of a written, verbal or telephonic interest in the binding conclusion of the Contract and the provision of selected Services and Goods by the Operator

2.21 "Supervisory Authority" means the Slovak Trade Inspection Authority, Central Inspectorate of the Slovak Trade Inspection, P.O. BOX 29, Bajkalská 21/A, 827 99 Bratislava, or the competent Inspectorate of the Slovak Trade Inspection according to the local jurisdiction of the Establishments

2.22 “Patient” means any individual who uses specified Services of the Operator and to whom healthcare is provided at any of the Operator’s designated Facilities. For the purposes of these Terms and Conditions, the Client shall be deemed a Patient. The provisions of these Terms and Conditions applicable to Patients shall apply mutatis mutandis.

2.23"PASS" means the designation of the selected Service with a time-limited prepaid access to the selected Centre of the Client's choice in the specification according to the Price List, which forms part of these GTC. The Operator does not allow the extension of the validity of the PASS/Service or its exchange for Credit or cash. Prepaid Service (PASS paid by the Client, regardless of whether or not the Client has performed the Service Activation) can only be exchanged for a PASS of a higher value (not lower). The validity period of the originally purchased PASS does not change by changing the type of PASS.

2.24 "Valid Identification Document" means an identity card pursuant to Act No. 395/2019 Coll. Act No. 647/2007 Coll. on Travel Documents and on Amendments and Additions to Certain Acts, as amended, or a passport as a travel document within the meaning of Act No. 647/2007 Coll. on Travel Documents and on Amendments and Additions to Certain Acts, as amended, or a passport as a travel document within the meaning of Act No. 647/2007 Coll. on Travel Documents.

2.25 "Terms and Conditions" are the specific terms and conditions of the selected GOLEM CLUB RELAXX Establishment in the Relaxx building at Einsteinova Street No. 7 in Bratislava, as set out in Article 11 of these GTC, which the Client, through the Responsible Person, is made aware of when first entering the GOLEM CLUB RELAXX Centre, but no later than when signing the Membership Agreement, and which, as terms and conditions known to the parties, become part of the Membership Agreement and determine part of its content.

2.26 "Operator" is the business company PREMIUM FIT, s.r.o. with its registered office at Einsteinova 18, 851 01 Bratislava, ID No.: 35 817 721, registered in the Commercial Register maintained by the City Court Bratislava III, Section Sro, Entry No. 24671/B. The Operator provides Services related to a healthy lifestyle, in particular Gym Services, fitness, cardio zones, group exercises, swimming pool (artificial swimming pool), wellness, sauna, massage, squash and other Services, while providing access to these selected Services, their purchase, Reservation. The method of provision of Services means enabling Clients to use individual parts of the Centres or to draw on their Services.

2.27 "Operating Regulations" means the summary of rights and obligations of the Client or other person entering the Centre and/or using the selected Services in the selected Centres of the Operator drawn up by the Operator. By entering the Centre, the Client confirms that he/she is familiar with all the provisions of the Operating Regulations, agrees with them and undertakes to comply with them in their entirety. The operating rules are available at the reception or at the entrance to the selected centres. The Operator reserves the right to change the Operating Regulations

2.28 "Promo Entry," unless otherwise stated in the Price List, is a free one-time entry to the Centre for the use of the Service - fitness provided by the Operator to a new Client. The condition for free one-time access is the creation of a Customer Account, the issuance of a Golem card and the fulfilment of all the conditions for the Client's entry to the selected Establishments. The Client may use this Promo Entry free of charge only once on the day of setting up the Customer Account.

2.29 "Reservation" means the reservation of the selected Service by the Client through the options specified by the Operator and on the terms and conditions specified in the Price List.

2.30 "Service" means a service provided by the Operator at the Centre during the Centre’s operating hours (which may be provided separately or as a group of services according to the Client's choice of PASS), which represents the Operator's obligation to provide the Client with the selected Services (access to the selected Establishments of the Centre and use of its services in accordance with the selected PASSes and provision of other related services to the Client to the agreed extent) under the terms and conditions set out in the Contract and these GTC. With the exception of persons under 3 years of age and Guests, the Service is exclusively bound to registered Clients who have a validly established Customer Account.

2.31 "Consumer" means a natural person who is not an entrepreneur pursuant to the relevant generally binding legislation and is not acting within the scope of his/her business, occupation or profession when concluding and performing the Contract and/or the Membership Agreement.

2.32 "Order Cancellation" the possibility of cancelling the ordered Service until the start of its use as specified by the Client and according to the terms and conditions specified for the specific Service in the Price List.

2.33 “Service Cancellation” means the option to cancel an ordered Service prior to the start time selected by the Client and in accordance with the conditions specified for the particular Service in the Price List.

2.34 "Cancellation of Reservation" means cancellation of a Reservation in the Client's Customer Account in accordance with these GTC.

2.35 "Trainer" is a person who provides personal individual or group training at the Centre and has a contractual relationship with the Operator.

2.36 "Website" means the website of the Operator, www.golemclub.sk , through which the Client's Customer Account can be accessed via the relevant interface of the Website/Internet application and the Client's selected actions enabled by the Operator can be performed at

2.37 "Customer Account" means an account created by the Client by one of the methods provided by the Operator, namely (i) through the Kiosk in the Operator's Establishments, or (ii) the Operator's website using standard internet browsers, or (iii) through the reception, or (iv) in another way if technically enabled by the Operator (e.g., through the Operator's mobile application), always with a verified email. Unless otherwise stated, the existence of a Customer Account is a condition for the use of the Operator's Services. The Customer Account is accessible to the Client via the Operator's mobile application, the Website after entering the registered email address and entering the selected password, and also at selected Locations via the Kiosk after loading the Golem card and identifying the Client via a Valid Identification Document.

2.38 "Contract" means the Services/Purchase of Goods Contract, the Membership Agreement Privacy and Personal Data Protection Policy (Privacy Policy), the Operator's Complaints Policy, the Operating Regulations and other contractual documents which apply to the selected Services, and which are identified as part of the legal relationship between the Client and the Operator.

2.39 "Responsible Person" means an employee of the Operator, or any other person authorized by the Operator to supervise the Client's use of the Services, to advise, instruct, or any other activity directly related to the Client's activities at the Centre and use of the Services provided by the Operator.

2.40 "Act on Remote Sales" means Act No. 102/2014 Coll. on Consumer Protection in the Sale of Goods or Provision of Services under a Distance Selling Contract or a Contract Concluded Outside the Seller's Establishments and on Amendments and Additions to Certain Acts.

2.41 "Membership Agreement" is a special contract concluded between the Operator and the Client exclusively for the use of selected services provided by the Operator in the GOLEM CLUB RELAXX in the Relaxx building at Einsteinova Street No. 7 in Bratislava.

3. Conclusion of the Contract

3.1 The contract is concluded on the basis of the Operator's offer, the subsequent Order by the Client and its acceptance by the Operator.

The Client may order the provision of selected Services from the Operator and the Operator may confirm the provision of the Services in particular:

a) via the Website

b) via a self-service point of sale (Kiosk) at selected outlets,

c) directly at the reception in the establishment (valid only for selected Establishments)

d) by the written conclusion of a Contract and/or Membership Agreement.

4. Client Registration

4.1 As a condition of registration and creation of a Customer Account, the Client is obliged to fill in all required data truthfully in each selected form of registration and is also obliged to submit all required documents (e.g., submission of a Valid Identification Document). In the event that the Client refuses to comply with all the conditions required for that form of registration or refuses to submit the requested documents, the Client will not be allowed to enter the Service and/or will not be allowed to use the Service.

4.2 A new Client who is not a user of the Operator's services, i.e., does not have a validly established Customer Account, is obliged to register/establish a Customer Account in one of the ways offered by the Operator in selected Establishments, in particular:

a) through the Kiosk by inserting a Valid identification document

b) via the Website

c) through the reception

d) in another way if it is technically possible for the Operatorenabled (for example, through mobile application of the Operator)

5. Payments for Services and Payment Terms

5.1 The Client pays the price for the Services in priority:

a) on the basis of a concluded Contract concluded remotely/off-premises (via the Website or also via the Operator's mobile application and through the payment gateway and payment card if it is technically enabled by the Operator), in accordance with the GTC and the generally binding legal regulations in force in the Slovak Republic,

b) on the basis of a Contract concluded directly at the selected Site For the avoidance of doubt, when concluding a Contract pursuant to (b), this legal act shall not fall under the application of the provisions of the Act on Remote Sales.

5.2 It is not possible to pay the price for services or goods in the Facility with selected vouchers of companies (e.g., Benefit vouchers) with which the Operator has not concluded a contract.

5.3 In the event that it is not possible to use one of the methods of payment in accordance with the preceding paragraphs, the Client is obliged to use another of these payment methods that is available. The fees for the transfer of funds shall be borne by the Client, and any fees shall not be charged by the Operator, but by the entity arranging the transfer of funds.

5.4 The Client is obliged to comply with the terms and conditions of the Service. In case of exceeding the specified time / number of possibilities to use selected Services (for example, time-limited access to the Wellness or swimming pool), the Client is obliged to pay the additional fee in accordance with the Price List or purchase a new Service.

5.5 All fees which the Client is obliged to pay to the Operator, and which are related to the conditions of use of the Client's Services at the Operator are specified in these GTC and in the Price List.

6. Entry into Facility and the Provision of Services

6.1 The access to the Site and the provision of the Services by the Operator will occur only after the Client has fulfilled all the conditions in accordance with the GTC.

6.2 Unless otherwise specified by the Operator, the Client who has a validly established Customer Account and has downloaded the mobile application on his/her device, enters the Facility after its authentication based on the code generated by the mobile application.

6.3 The Client, who has a valid Customer Account and does not have the Operator's mobile application downloaded on his device, is obliged to present a valid identification document every time he enters the Service in order to identify the Client and check the data entered in the Customer Account.

In case if:

(i) The Client does not present a valid identification document, or this document will not be valid, the Operator is entitled to refuse the Client's entry into the Business,

(ii) it will not be possible to verify and identify the Client by checking the data entered in the Customer Account and the data obtained from the Valid Identification Document, or the data will not match/will not be correct, the Operator is entitled to overwrite the data in the Client's Customer Account so that the data matches the data in A valid identification document or the Operator is entitled to refuse the Client's entry into the Operation and provide Services.

6.4 Upon successful verification of the Client by the Operator and unless otherwise agreed, upon payment of the Service(s) Price, the Client is entitled to enter the Facility.

6.5 Persons under 3 years of age are entitled to enter the Facility solely for the purpose of using selected Services intended for such persons and only with a legal representative, the Client, after meeting all the conditions set out in the GTC.

6.6 The Client - older than 3 years and younger than 15 years, is allowed to enter the Centre only accompanied and supervised by the Trainer, unless otherwise specified in the Contract. In the event that it is subsequently proven that the person who accompanied the persons over 3 years of age and under 15 years of age did not have the authorisation from the legal representative within the meaning of the preceding sentence, he/she shall be liable for such accompanied person in relation to the Operator in its entirety.

6.7 By entering the premises, the Client, or the Client's legal representative, the legal representative of a person defined in clause 6.5 or another person responsible for the Client confirms that the Client's health condition is sufficiently known to the Client, and that this health condition does not in any way, even partially, prevent the Client from using the Operator's Services. In the event of any doubt in relation to the circumstances preventing the use of the Services, the Client, the legal representative of the person defined in clause 6.5 or any other person responsible for the Client shall notify the Responsible Person of such fact.

6.8 The Client is obliged to observe the opening hours of the individual Facilities. The opening hours during which it is possible to use the Services in the Facility are indicated at the entrance to the Facility. If the Client exceeds the opening hours and stays in the premises outside the opening hours, the Operator shall be entitled to charge a fee for late departure from the premises in accordance with the applicable Price List.

7. Defects in the Services, Warranty Period and the Client's Preventive Obligation

7.1 In the event of a defect in the Services provided by the Operator, the Client is obliged to follow the valid Complaints Procedure of the Operator.

7.2 If the Client makes use of the Services, despite the fact that the Client claims them to be defective, the Client waives the right to claim for them and the provision of the Services will be deemed to. have been accepted without reservation by the Client.

7.3 The method of complaint handling is regulated by the Operator's Complaints Procedure, which is part of the Contract.

8. Liability for Damage

8.1 The Operator shall be responsible for fulfilling its contractual obligations with professional diligence.

8.2 The Client has no right to compensation for damages caused by his/her own intentional or negligent actions or the intentional/negligent actions of third parties who are present in the Centre with his/her knowledge.

8.3 The Client shall be fully liable for (i) damage caused to the property of the Operator, even if caused by negligent, unprofessional treatment, as well as for (ii) damage to the property and/or health of third parties located in the Centre, even if caused by negligent, unprofessional treatment. The Client undertakes to compensate the injured party in full for the damage thus incurred. The Client is obliged to treat the Operator's equipment/property or equipment/property used/rented/rented/maintained by the Operator and kept in the premises of the Centre with care. The Operator does not accept liability for damage to health or belongings caused by treatment by the Client in breach of the Contract.

8.4 The Operator shall not be liable for damage to items brought in or left in the premises during the use of the Services, if these are left outside the places reserved by the Operator. If during the use of the Services the Client places items in the places reserved by the Operator, which individually or in the sum of two or more items exceed the value of EUR 100 (valuable item), he/she is obliged to notify the Responsible Person and place them in the safe deposit box, otherwise the Operator is not liable for any damage, theft, devaluation exceeding the given amount. The Operator shall be liable for damage to items pursuant to the Contract and the provisions of the relevant generally binding legal regulation. The right to compensation must be exercised with the Operator without undue delay.

8.5 Neither the Responsible Person nor the Operator shall be responsible for the Client's use of the Services, nor shall the Responsible Person be obliged to provide the Client with advice, instruction or any other activity directly related to the Client's activities at the Centre.

8.6 In the event that, through no fault of the Operator, or due to decisions of state authorities (for example, in connection with the prevention of the consequences of the spread of a dangerous contagious human disease COVID-19 by the measures of state authorities in the field of public health), or force majeure, the Subscriber will not be able to use the ordered / prepaid Services in the originally agreed date or scope, the Client acknowledges that in these cases the Operator insists on the performance of the remainder of the Contract, unless otherwise agreed with the Client. For the avoidance of doubt, in cases under the preceding sentence, the Operator shall notify the Client that it insists on the remainder of the performance.

8.7 The Client who causes damage to the Operator and/or third parties is liable for it in accordance with the provisions of § 420 of Act No. 40/1964 Coll. (Civil Code) as amended.

8.8 The Operator assumes no responsibility for the content, error-freeness, correctness and functionality of third-party websites to which links are provided on the Website.

9. Special Provisions for Contracts Remotely Concluded by Consumers

9.1 If the Contract has been concluded between the Operator and the Consumer exclusively through one or more means of remote communication without the simultaneous physical presence of the Operator and the Consumer, in particular by using the Operator's website or mobile application, it is deemed that the Contract has been concluded within the meaning of the Act on Remote Sales or the Contract concluded outside the Operator's premises and on amendment and supplementation of certain laws.

9.2 If the provision of the Service is to commence under the Contract before the expiry of the withdrawal period, or if the Consumer requests the provision of the Service before the expiry of the withdrawal period, the Operator hereby:

a) instructs the Consumer that by agreeing to commence the provision of the Service before the expiry of the withdrawal period, the Consumer loses the right to withdraw from the Contract once the Service has been fully provided; and

b) The Consumer expressly agrees to commence the provision of the Service prior to the expiry of the withdrawal period and declares that he/she has been duly instructed pursuant to paragraph (a).

9.3 The Consumer acknowledges that he/she loses the right to withdraw from the Contract after the full provision of the Service and is obliged to pay the price for the actual performance provided, namely:

a) if the Consumer enters into the Contract in which the Consumer has requested the provision of the Services within the 14-day withdrawal period commencing with the conclusion of the Contract,

b) if the provision of the Service has been commenced with the Consumer's express consent and the Consumer has declared that he/she has been duly informed that by expressing such consent he/she loses the right to withdraw from the Contract once the Service has been fully provided.

9.4 Except for the provisions of clauses 9.2 and 9.3, the Consumer is entitled to withdraw from the Contract concluded at a distance or from the Contract concluded outside the Operator's premises without giving any reason and within 14 (in words: fourteen) days from the conclusion of the Contract, the Consumer has the right to exercise the withdrawal from the Contract in paper form or in the form of a notation on another durable medium. The Consumer may use the withdrawal form and send it by post or email to the email address provided when placing the Order - pomoc@golemclub.sk .

9.5 The Consumer does not have the right to withdraw from the Contract concluded through vending machines, Kiosk or premises with automated sales system within the meaning of Section 1, Par. 3(a) or in other cases referred to in the Act on Remote Sales.

9.6 By concluding a distance contract, the Consumer agrees to the delivery of the information pursuant to Section 3, Par. 1 of the Act on Remote Sales, such as a confirmation of the conclusion of the Contract, a form for withdrawal from the Contract in the form of a notation on another durable medium.

9.7 In the case of a contract concluded at a distance, the subject of which will be the cost of returning the goods or Services, the Consumer is obliged to bear the cost of returning the goods or Services, and if he withdraws from the contract concluded at a distance, also the cost of returning the goods, which, due to their nature, cannot be returned by post.

10. Special Provisions

10.1 The Operator reserves the right to restrict the sale of individual Services/provision of selected Services to selected Centres.

10.2 The Operator may provide the Client with a discount when purchasing multiple Services. Discounts are granted according to the Operator's current offer, there is no legal entitlement to a discount.

10.3 The Operator shall provide the Services to the Client at the Price for the Services as set out in the Operator's Price List and in accordance with the Contract and the GTC/Conditions.

10.4 The Client is entitled to use the Services only to the extent and in the manner specified in these GTC, the Contract. If this method is not specified, the Client is entitled to use it exclusively in the manner that is customary for the use of the Services.

10.5 Upon request, the Operator shall provide the Client with a confirmation of the drawdown of Credit from the Client's Credit Account, but no more than 12 months back from the last drawdown from the Client's Credit.

10.6 Unless otherwise unilaterally determined by the Operator, in the event of additional obligations of the Operator arising, which will be related to decisions of public authorities (state or local government authorities) or force majeure interventions on the basis of which it will be temporarily impossible to provide the Services of the Operator for a certain, or at the time of issuance of such a decision, indefinite period, the Client acknowledges and agrees that the Services, respectively the Services, will not be provided by the Operator for a certain, or at the time of the issuance of such a decision, period. The period of availability of the Subscription Services shall not be extended in direct proportion to the period during which the provision of the Services by the Operator is not possible (e.g. the obligation to temporarily limit or close the Services in connection with the spread of the COVID - 19 disease).

10.7 The Operator does not provide information about third parties, the amount of Credit, contact details, visit history.

10.8 The Client acknowledges that each group exercise (as a Service) is limited to the maximum number of Clients on that group exercise. In the event that the capacity of a given group exercise is reached, the Operator may refuse the Reservation and/or the provision of the Service to the Client without any right to a refund and without any right to extend the validity of the pre-paid Service.

10.9 The Operator reserves the right to reschedule selected Services, such as group exercise classes, without refund of the Subscription Service Fee. The above also applies to those Services for which the Client has made a Reservation. Special Provisions in Relation to Reservation of Services.

Special Provisions Relating to Service Reservations

10.10 Reservations for Services that allow the option of a Price List Reservation, unless otherwise stated in the Price List, may be made for a maximum of 2 group sessions. If the Client does not attend the booked Service, the Golem card will be blocked. Unblocking is only possible by visiting the Center in person. The first unblocking of the Golem Card as a penalty for non-attendance at the booked Service is free of charge. Any further non-attendance at the booked Service will result in the Golem Card being blocked and its unblocking will be charged in accordance with the applicable Price List.

10.11 A Service reservation that allows for the option of a Price List Reservation, unless otherwise specified in the Price List, may be cancelled by the Client without charge prior to its scheduled commencement no later than the time period specified in the Price List.

10.12 In the event that the Client fails to arrive on time for the booked Services, the Reservation will be cancelled at the moment of its commencement, without the right to a refund of the Service Price if it was a prepaid Service or the relevant Service Price will be charged to the Credit if it was not a prepaid Service.

10.13 Reservation of the Services can be made through the Website or in any other way that is available at the time at the selected Operator's premises. The prerequisite for successful Reservation of selected Services is the provision of the requested data, in particular the Golem card number, proof of purchase of the Service and its subscription for a certain period of time in which the Service is to be reserved. Special Provisions in Relation to the Rights and Obligations of the Clients and the Operator.

Special Provisions Concerning the Rights and Obligations of Clients and the Operator

10.14 The Operator is entitled to control the compliance with the obligations of the Clients or persons using the Operator's Services specified in these GTC. In the event of non-compliance with the Client's obligations, the Operator is entitled to take adequate measures, including refusal to provide the Service, without any claims by the Client against the Operator.

10.15 In the event of a breach of the Client's obligations under these GTC, as well as in the event of a registered outstanding obligation of the Client towards the Operator on the Customer's account, the Operator reserves the right to deny the Client access to the Operator's premises and the provision of selected Services of the Operator.

10.16 In the event of a serious breach of the Client's obligation, the Operator is entitled to withdraw from the Contract. A serious breach of the Contract shall be understood in particular as:

a) providing false information about his/her person

b) repeated violation of the provisions of the Contract (min. 2 times)

c) failure to respect the Operating Regulations

d) failure to respect the instructions of the Responsible Person

e) culpable damage to the property of the Operator

f) causing damage to the health of third parties located in the Centre

g) delay in payment of monetary obligations for more than 10 days,

h) advertising of another fitness centre or provider of similar services as the Operator in the Centre

i) enticing other Clients to use services of third parties that are competitive to the Operator's Services

j) application of stimulants in the premises by needles or other external (out-of-body) means,

k) sale or provision of prohibited substances or other goods to Clients,

l) misuse of Valid Identification Documents belonging to other persons for the purpose of obtaining Promo Entries or access to the Facility;
m) use of corporate benefits by unauthorised persons.
Withdrawal from the Contract becomes effective at the moment it is communicated to the Client.

Withdrawal from the Contract is effective from the moment of its notification to the Client. In the event of withdrawal from the Contract by the Operator for the above reasons, the Client shall not be entitled to compensation for damages or to a refund of the Service Price, even its pro rata part, unless otherwise decided by the Operator. However, the withdrawal from the Contract does not affect the rights and obligations arising until the effective date of withdrawal from the Contract, the right to compensation for damages, as well as the settlement of disputes between the Client and the Operator. The Contracting Parties shall not be obliged to reimburse each other for the mutual performance provided up to the time of the effective date of withdrawal from the Contract.

10.17 If the Client wishes to cancel the Customer Account with the Operator, he/she is obliged to exhaust all funds on the Credit Account before such cancellation. Credit on the Credit Account cannot be refunded or withdrawn. If the Client is unable to draw down the funds in justified cases, it is possible, at the Operator's discretion and at the Client's written request, to transfer these funds to the Credit Account of another Client who is able to draw down all these funds. The application form can be found at the reception desk of each Facility. The transfer of Credit to the Credit Account of another Customer is only possible if the Customer's Customer Account requesting the transfer of Credit does not have the Service activated.

10.18 In the event that the Client is unable to continue to use the Services provided by the Operator due to ill health or in other justified cases and is unable to transfer funds from his/her Credit Account to the Credit Accounts of other Clients pursuant to clause 10.17, it is possible for the Client to use the funds to purchase products provided by the Operator at selected Centres.

10.19 In the event of duplicate Customer Accounts being set up by the Client, the Operator shall be entitled to merge the Client's Customer Account into a single Client Account.

11. Special Terms and Conditions of the GOLEM CLUB RELAXX Membership Agreement

11.1By entering into the Membership Agreement, the Client undertakes to comply with the provisions of the Membership Agreement, these GTC including the relevant Operating Regulations, Security and other regulations, these Terms and Conditions as well as the instructions of the Responsible Person and other relevant provisions of generally binding legislation. In the event of a conflict between the provisions of the GTC and the Terms and Conditions, the provisions of the Terms and Conditions shall prevail.

11.2 A natural person over 15 years of age is entitled to conclude a membership contract. For persons under 18 years of age, a legal representative is required to conclude the Membership Agreement.

11.3 The Membership Agreement may be concluded for a fixed period of time with a binding duration specified in the Membership Agreement.

11.4 In the case of a Membership Agreement concluded for a definite period of time, the Client is entitled to access to the selected sports facility with the possibility to using the entrance to the fitness center (Facility) and also ancillary, additional Services for the price according to the valid Price List. The Client is not entitled to terminate the Membership Agreement during the term of the binding period. The Client shall be obliged to comply with its payment and other obligations throughout the duration of the Membership Agreement until its proper termination, whether or not it uses the Services.

11.5 The Operator shall issue the Client with a GOLEM CLUB RELAXX membership card after the Client has registered, created a Client Customer Account and paid the Membership Fee in accordance with clause 11.12 or 11.13. A prerequisite for the issuance of a GOLEM CLUB RELAXX membership card is the taking of a photograph of the Client's face for identification purposes at the Operator's expense. The GOLEM CLUB RELAXX membership card is personalized and is the property of the Operator. Presentation of the GOLEM CLUB RELAXX membership card by the Client to the Responsible Person is a condition for entering the Facility and using the Services provided. In case of loss or theft of the GOLEM CLUB RELAXX Membership Card, the Client is obliged to inform the Operator immediately upon discovering such fact. In this case, the Client may request a duplicate GOLEM CLUB RELAXX membership card for a one-time fee according to the current Operator's Price List. The Client is obliged to return the GOLEM CLUB RELAXX membership card to the Operator upon termination of the contractual relationship. The Client is obliged to protect the membership card against damage, loss, destruction and misuse.

11.6 Upon presentation of the GOLEM CLUB RELAXX membership card, the Client is entitled to enter the sports facility and use the Services under the Membership Contract provided by the Provider to the extent and under the terms and conditions set out for each category of Membership.

11.7 The Client is entitled, within the scope of any Membership, to borrow one piece of sheet free of charge with every entry to the wellness at the GOLEM CLUB RELAXX. Each additional sheet rental is charged according to the current Price List.

11.8 The Operator may, on the basis of a special voucher of the Operator and at its discretion, in particular taking into account the free capacity of the Facility, allow the Client to enter the Facility with a Guest of the Client, who is entitled, after the registration of the Guest in paper form at the reception and the assignment of a guest card, to subsequently use free of charge together with the Client the Services provided by the Operator to the same extent and under the same conditions as the Client.

11.9 The Operator shall be entitled, but not obliged, to conclude an agreement for early termination of the Membership Agreement upon the Client's reasoned written request in serious cases (the assessment of which shall be at the Operator's discretion). For the avoidance of doubt, the Client shall have no claim against the Operator in respect of the failure to enter into an agreement for early termination of the Membership Agreement.

11.10 In relation to the Operator's right to withdraw from the Membership Agreement, the provisions of clause 10.16 shall apply mutatis mutandis.

11.11 The amount of the Membership Fee is set out in the Membership Agreement.

11.12 The Member shall pay the remuneration to the Operator arising from the Contract (Membership Fee, Service Fee, or any additional charges as set out in the Price List) in advance, unless otherwise specified in clause 11.13.

11.13 The Operator shall also allow the payment of the Membership Fee through a consumer credit provided to the Client by a cooperating licensed trading company of the Operator, the services of which shall be intermediated by the Operator. For the avoidance of doubt, the terms and conditions of the loan and its repayment (as well as the rights and obligations arising therefrom) are subject to the agreement of the Client and the provider of the consumer credit.

11.14 The Client will be issued a GOLEM CLUB RELAXX membership card for access to the selected Facility, or will be granted access to the selected Facility or use of the Services (in the case of Membership renewal) only after payment of the Membership Fee. An exception to the issuance of a GOLEM CLUB RELAXX Membership Card prior to the payment of the Membership Fee is an approved Committed Consumer Credit (for the payment of the Membership Fee) pursuant to clause 11.13.

11.15 The Client, who has concluded the Membership Agreement, has the possibility to purchase a Credit on his Customer Account, with which he will subsequently pay for the purchased goods or Services provided by the Operator.

11.16 Upon the Client's written request (submitted in advance), the period of provision of the Services under the Membership Agreement may be interrupted without giving any reason up to two times for a minimum duration of 15 days per 12 months. The first month of interruption is free of charge (interruption period - multiples of 15 days, 1x 15 days, 2x 15 days, 1x 30 days). For the second month of interruption of the period of provision of Services under the Membership Agreement, a fee will be charged in accordance with the applicable Price List. The total period of interruption of the Service Period under the Membership Agreement shall not exceed 60 days in aggregate in any 12-month period. During the interruption of the period of provision of Services under the Membership Agreement, the Client shall be prevented from receiving the Services offered by the Operator under the Membership Agreement. The duration of the Membership Contract shall in such case be extended by the period of interruption.

11.17 Based on a written and reasoned request of the Client and in case of serious reasons on the Client's side objectively preventing the use of the Membership (for example, health problems), the interruption of the provision of Services will be considered by the Operator individually. The basis for the assessment of the request by the Operator will be all the documents received which the Client decides to make available to the Operator (for example, the Client's medical report or other documents proving serious reasons on the part of the Client). For the avoidance of doubt, unless otherwise stated in these GTC, the Client shall not be entitled to discontinue a Service/Membership already purchased upon the Client's written and reasoned request.

11.18 In exceptional cases, upon approval by the Operator, it is possible to allow the Client to transfer the Membership to a third party who undertakes to assume all rights and obligations arising from the concluded Membership Agreement by a written addendum. You may transfer your Membership to a third party only once during the term of your Membership. In the event of transferring the Membership to a third party, it is no longer possible to return/transfer the Membership back to the original Client. The Operator reserves the right to refuse the transfer of Membership to the proposed third party without giving any reason.

11.19 With the Operator's approval, it is possible to change Membership categories during the term of the Membership Agreement, however, the change of category is possible only in ascending order (to more expensive Memberships). The Contracting Parties shall enter into an addendum on the change of the Membership, on the basis of which the Client shall make the payment of the additional Membership Fee.

11.20 In the event of non-use of the Services in accordance with the Membership Agreement, the Client has no right to claim any financial compensation from the Operator (not even for a refund of part of the Membership Fee).

11.21 The Client subscribing to the Services in the form of a Membership - NETWORK is allowed in the Facilities: NC Aupark BA, OC Avion, OC Bory Mall, NC Central, OC Aupark Žilina, NC Aupark Košice and FORUM POPRAD, Tulip Center Martin subscribe to Fitness Services (entry to sports facilities) with 100% discount.

12. Common, Transitional and Final Provisions

12.1 These Terms and Conditions apply and replace in their entirety the validity of the previously published General Terms and Conditions of Services (GTC) of the GOLEM CLUB sports and fitness facilities.

12.2 The Operator reserves the right to unilaterally change these GTC at any time during the term of the Contract or the use of the Services. The Operator will announce the change of the GTC at individual Sites as well as by means of a notice published on the Website.

12.3 If there is a unilateral change in the provisions of the GTC, the Client has the right to terminate the Contract in writing within 14 days from the moment of notification of this change; if the Contract is not terminated, the Client's action shall be deemed to be acceptance of the new version of the GTC. The rights and obligations of the Clients (Consumers) arising from a distance contract within the meaning of Article 9 are not affected.

12.4 The Operator and the Client are always bound by the currently valid provisions of the GTC.

12.5 Legal relations concluded on the basis of the Contract and/or the GTC not expressly regulated shall be governed exclusively by the law of the Slovak Republic:

a) in relation to Consumers by the rules of civil law, namely the Civil Code;

b) in relation to other persons (not mentioned in (a) above) by the rules of commercial law, namely the Commercial Code and other generally binding legal regulations

12.6 Legal relations between the Operator and the Client from a contract concluded remotely (for example, through the Operator's website) are governed by the provisions of the Contract, as well as these GTC and the relevant provisions of the legislation of the Slovak Republic, in particular the provisions of the Distance Selling Act and the Civil Code.

12.7 The Controller ensures the protection of personal data of persons (Clients) who are natural persons in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), whereby the Client provides more detailed information on the processing of his/her/their personal data in the document "Principles of personal data processing", which is published on the Website.

12.8 The Operator accepts Client's suggestions at the address indicated in the identification of the Operator in these GTC and at the e-mail address pomoc@golemclub.sk .

12.9 Unless otherwise stated in the GTC, the Operator and the Client agree that mutual communication and delivery of documents may be by means of documents sent:

a) in person, by post - to the address of the registered office entered in the relevant commercial register or other register, or to the address of permanent residence,

b) by electronic mail (email) - to the address specified by the Operator and the Client

12.10 A document/notification shall be deemed to have been duly delivered (i) when sent by email, at the moment when the confirmation is generated by the machine through which the document/notification is sent, (ii) when sent by post on the seventh day after the day of dispatch by registered mail with acknowledgement of receipt, (iii) in person on the day of receipt or refusal of receipt by the addressee. Any change of address for delivery of documents shall be notified immediately by both the Operator and the Client.

12.11 If circumstances arise, the occurrence, course and consequence of which are not dependent on the actions and procedures of the Operator (vis major) or circumstances on the part of the Client, on the basis of which the Client does not use the ordered, paid and provided Services in whole or in part, the Client shall not be entitled to a refund or discount on the Price of the Services, nor shall the Client be entitled to compensation or compensation for damages to any extent whatsoever. The Operator shall not be liable for short-term reduced quality of the Services, outages and also damages caused by force majeure (vis major). Force majeure (vis major) means in particular natural disasters, natural calamities, strikes, traffic accidents, unforeseeable failures at the Operator's Facilities (e.g., interrupted supply of utilities, water, etc.), obligations imposed on the Operator by a decision of public authorities, as well as others.

12.12 If any provision of the GTC becomes invalid, ineffective or unenforceable to the extent specified, the remaining provisions, unaffected thereby, shall remain in full force and effect. In such a case, the Operator shall replace such provision with a valid, effective and enforceable provision that deviates as little as possible from the principles agreed in these GTC, while maintaining the economic and legal purpose and meaning of the provision being replaced.

12.13 All disputes arising between the Operator and the Client arising out of or relating to the Contract and/or the T&Cs, including disputes concerning the validity, interpretation, termination of the Contract and/or the T&Cs, shall be resolved by the parties primarily by agreement. If no agreement is reached, the case will be referred to the competent court in the Slovak Republic.

12.14 Any disputes between the Operator and the Consumer may be resolved by means of alternative dispute resolution in accordance with Act No. 391/2015 Coll. on alternative dispute resolution of consumer disputes and on amendment and supplementation of certain acts. Prior to the intended initiation of alternative dispute resolution, it is recommended that the Consumer contact the Operator by e-mail at the address indicated on the Web site in order to resolve the situation by agreement in the first instance. The ADR entity is, for example, the Supervisory Authority or another authorised legal entity. The list of alternative dispute resolution entities can be found on the website of the Ministry of Economy of the Slovak Republic https://www.mhsr.sk/obchod/ochrana- spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1.

Valid from 1 January 2025

PREMIUM FIT, s.r.o. with registered office at Einsteinova 18, 851 01 Bratislava, ID No: 35 817 721, registered in the Commercial Register of the City Court Bratislava III, Section Sro, Entry No. 24671/B, VAT No: 2020284618, VAT NUMBER: SK2020284618