General terms and conditions
§ 1 Scope of application
The mobile application (hereinafter “App”) of MyFitMap Inc. serves exclusively as a mediation platform between customers and service providers. For the use of this app and the business relations between MyFitMap Inc., Alemannenstreet 47, 3018 Berne and its customers, The following general terms and conditions (GTC) in the version currently available and valid when the app is called or when a service is booked apply. The offer on this app is directed exclusively at customers with Swiss residence. By accessing and using the Services, you agree to be bound by these Terms and Conditions, which constitutes a contractual relationship between you and MyFitMap. A customer is any natural or legal person who maintains business relations with MyFitMap. The general terms and conditions, the terms of delivery and payment as well as the data protection regulations may be adjusted from time to time. MyFitMap asks you to read these terms and conditions carefully each time you visit the website or use the application. These GTC apply exclusively. Opposing, supplementary or deviating conditions require the express written confirmation by MyFitMap to be valid. When using this app or booking, the customer confirms to fully accept these terms and conditions including terms of payment. Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The operator of this app is MyFitMap Inc. (See the imprint).
§ 2 The service
The service consists in the provision of an app which serves as a platform for customers and service providers. Each person can offer a service after registration and examination by means of identification card, passport, driver’s license or a certificate. The service includes guided sports activities that the provider can publish independently via the platform provided by the app. All prices, conditions of participation and other requirements are determined by the service provider. As soon as the customer books such a service via the app and accepts the general terms and conditions, the customer is obliged to perform and the trainer is obliged to provide the service. If the customer cannot perform the booked service on time, the following cancellation conditions apply.
§ 3 Cancellation conditions
.1 The customer
By clicking on the “Book Session and Pay” button, the customer undertakes to participate in the booked service. This can be cancelled without cancellation costs as long as the customer cancels the service with the “Cancel” button more than 12 hours before the scheduled start of the training. However, if the cancellation time is less than 12 hours before the scheduled start of the training, half the price of the service will automatically be due and the amount will be invoiced to the customer, including credit card fees. If the booked service is not cancelled and the customer also does not participate, the full price of the service is automatically owed, which is accordingly charged to the customer including the credit card fees.
.2 The service provider (trainer)
With the app, the trainer has the possibility to cancel the planned services at any time and without prior notice. There is no right of replacement for the customer, but the trainer will compensate him appropriately.
§ 4 Your use of the services
The app can be tested without having to have a customer account. However, as soon as a service is booked or offered, a customer account must be created. You must be at least 18 years old to create an account. For registration, personal data must be provided, such as name, address, telephone number, an identification such as passport or ID and a valid means of payment (credit card). All users of the application are obliged to keep the access data safe and secret at all times. By using the app, you agree that you may receive text messages (SMS) or e-mail as part of your normal business operations.
§ 5 Payments
By using the app, you agree that the purchase of services through the app may incur costs. The MyFitMap app serves as a payment intermediary between customer and service provider. The costs paid by the customer are final and non-refundable once the service has been provided. The customer has the option of submitting a written complaint within 24 hours after the start of training in order to prevent automatic payment after the deadline. This must be justified and will be checked individually by a specialist. If a service provider offers its services on the app, it agrees that the costs less a service fee of 8% will be fully transferred to it as soon as the service has been provided. In the relationship between all service providers and MyFitMap, MyFitMap reserves the right to change the costs for the brokerage at any time at its sole discretion.
§ 6 Information on this app
MyFitMapcontains information about products and services. Prices and technical changes are subject to change without notice. MyFitMap makes every effort to provide all information and data on this website correctly, completely, up-to-date and clearly arranged, however, MyFitMap neither expressly nor tacitly guarantees this. All offers on this app are non-binding and are not to be understood as a binding offer. MyFitMap does not guarantee that the listed service providers will be available at the desired time. Therefore, all information on availability is without guarantee and may change at any time and without notice.
§ 7 Prices
The prices of the services offered are determined individually by the service providers and include only the service offered, including a service fee of 8% per service booked. The service fee is automatically invoiced to the service provider upon completion. Prices are to be paid net and in Swiss francs (CHF). We reserve the right to make technical changes, errors and printing errors, in particular price changes. MyFitMap may make changes to the Service Fee at any time and without notice.
§ 8 Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to purchase services via the app. With the purchase of a service via this app including the acceptance of these GTC, the customer makes a legally binding offer to conclude a contract. MyFitMap then sends an automatic “order confirmation” by e-mail confirming that the customer’s offer has been received by MyFitMap. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal. The individually defined cancellation conditions of the service providers apply. The contract is concluded as soon as MyFitMap sends a declaration of acceptance by e-mail in which a service is booked with a service provider. The service is paid by credit card. The service will be carried out before full payment has been received. If it becomes apparent after conclusion of the contract that the service cannot be provided or cannot be provided in full, MyFitMap is entitled to withdraw from the entire contract or from one part of the contract. If the customer’s payment has already been received by the service provider, the payment will be refunded to the customer. If payment has not yet been made, the customer shall be released from the obligation to pay. MyFitMap is not obliged to make a replacement payment in the event of contract termination.
§ 9 Payment options and retention of title
The payment options specified in the order process are available to the customer. MyFitMap reserves the right to exclude customers from individual payment options without giving reasons. MyFitMap has the right to change or remove all offered services as well as profiles of users and service providers at any time and without prior notice. In this case, the persons concerned will be notified.
§ 10 Warranty
MyFitMap makes no representations or warranties as to the timeliness, completeness and correctness of the data or for the permanent or undisturbed availability of the app, its functionalities, integrated hyperlinks and other contents. In particular, no representation or guarantee is made that the use of the website will not infringe any rights of third parties that are not owned by MyFitMap.
§ 11 Liability
MyFitMap excludes any liability, regardless of its legal basis, as well as claims for damages against MyFitMap and possible auxiliary persons and vicarious agents. MyFitMap is also not liable for indirect damages and consequential harm caused by a defect, lost profit or other personal, property and pure financial damages of the customer. Reserved is a further compelling legal liability, for example for gross negligence or intention. MyFitMap uses hyperlinks only for the simplified access of the customer to other web offers. MyFitMap can neither know the contents of these web offers in detail, nor take over the liability or other responsibility for the contents of these web pages. In analogous application to the above exclusions, the customer waives, as far as possible, any liability claims against the fitness providers and recognizes their terms and conditions as an integral part. However, this rule is in no way to be understood as MyFitMap being responsible for the liability of the fitness centers or the fitness trainers. Finally, it should be noted that liability is excluded even if no separate disclaimer is signed either on the MyFitMap page or directly with the fitness centers.
§ 12 Data protection
§ 13 Independence of the trainers
The trainers who use this platform to acquire customers are considered to be self-employed. In particular, they are not bound by any instructions and do not have to fulfil any requirements apart from proof of identity and technical knowledge. They are free in the planning of the time and assert thus in no way as dependent acquirers, particularly since they also receive no payment from the switching platform. Therefore, all claims regarding social security and holidays by the provider of the app are unnecessary.
§ 14 Further provisions
MyFitMap expressly reserves the right to amend these GTC at any time and to bring them into force without notice. In the event of disputes, only substantive Swiss law shall apply to the exclusion of conflict of laws provisions. The UN Sales Convention (CISG, Vienna Sales Convention) is explicitly excluded. The place of jurisdiction shall be Berne, unless the law provides for mandatory places of jurisdiction. The ambiguity regulation and the unusual page regulation are explicitly excluded and do not apply to these GTC.
§ 15 Severability Clause
Should any provision of these GTC be invalid or void, this shall have no influence on the remaining provisions. Any gaps are filled by means of Swiss Code of Obligations and other applicable statutes, as well as with traffic exercise.
If you have any questions about these terms and conditions, please contact us at: firstname.lastname@example.org