Terms and Conditions
Online Booking & Services Purchases
Please read our terms and conditions (the “Terms”) carefully and in full. The use of this Site (see definition below), the creation of an account for our booking/purchase service and use of them, the purchase of any products or services via the Sites and/or our online booking service, the making of a booking or purchase via the Sites and/or our online booking service, email or over the telephone are all subject to the Terms and you hereby agree and confirm by continuing to use the Sites, make purchases and book Services with us that you have read the Terms, understand the importance of them and agree to be bound by them.
Please check the Terms on every purchase or booking, as they may change from time to time without notice.
The Services offered by Studio Australia Barcelona at any venue are supplied by Studio Australia Barcelona subject to the following express Terms.
1. INJURIES / HEALTH AND IMPORTANT WAIVER / LIMITATION LIABILITY
• It is your sole responsibility to:
▪ Check with your doctor or medical practitioner about your suitability for our Services and to obtain their written consent where necessary prior to making a purchase. While we take care to ensure safe practise, there are inherent risks in any strenuous exercise programme and we, nor our instructors, accept any liability whatsoever for any injury or illness you incur through taking our Services or purchasing our products and/or by your failure to notify us of any existing injuries or health problems or special needs before you attend your class with us, or to notify your instructor prior to the class start.
▪ Notify us by email, following creation of your account and prior to purchasing any Services; of pregnancy, any health problem or injury you may have (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy), which may affect your participation in, or may be exacerbated by, any Services at Studio Australia Barcelona. Please also notify the instructor teaching your class at the beginning of every class.
▪ Notify us by email and the instructor teaching your class before attending or participating in any class of any new circumstances affecting your health which may be affect your ability to participate or be exacerbated through attending or continued use of Studio Australia Barcelona and/or which may have arisen or worsened since your last class at Studio Australia Barcelona (if any).
• You accept the risk of injury from performing exercises and using specialist equipment and participating in our Services and you acknowledge and accept that any advice provided by us, or our instructors at no time constitute as professional medical advice or substitution for your own professional medical advice.
• You agree and understand that following the strict instructions of your instructor in each and every Service you take. Neither we, our directors, nor our instructors can be held responsible for any injury arising or being made worse by your failure to do so.
IMPORTANT WAIVER AND LIABILITY STATEMENTS
• Your Waiver: By purchasing a Service or Services and booking Services with us either via our Site, online booking system, or via us, you accept that in consideration of being permitted to participate in our Services, and use our equipment and facilities that on your own behalf and that of any heirs and assigns you covenant not to sue us, our directors or our instructors and hold us, our directors and our instructors harmless against, and waive and discharge us and our instructors, against all responsibility or liability for injuries, health issues, or damages, loss or death resulting from your participation in any of our Services or use of our equipment or facilities or products.
• Our Liability: We, our directors and our instructors, exclude all responsibility and/or liability for injuries, health issues, or damages, loss or death resulting from, or exacerbated by, your participation in any of our Services or use of our equipment or facilities, or products whether or not caused by our negligence.
2. ARRIVING ON TIME
• Please ensure you arrive on time for your Service as a courtesy to the instructor and your fellow students.
• If it is your First Class, please arrive at least 5 minutes prior to your scheduled class time to complete your registration forms.
• It’s important you complete the warm-up part of the class, which is designed to help with the avoidance of injury. Thank you in advance for understanding the need for this condition, which is designed to protect you from injury.
• Note that if you are late, your session will be in the allotted time reserved and you will still be charged for the full Service. It is your sole responsibility to ensure you arrive on time.
3. CREATING AN ACCOUNT, BOOKING AND PAYMENT
• You must be 16 or over to create an account online with us, and you can only create an account in your own name, and for your own account. If you create an account for a third party, you agree to indemnify us against all liability, costs or claims incurred by your creation of this account. Please notify us immediately if you have created this account for a third party.
• Our online booking facility shows the availability of Services on the date and time you select. Service availability changes as and when bookings are made or cancelled by clients. It is your responsibility to ensure that you have made your booking and payment correctly. If you notify us within 24 hours of your incorrectly scheduled class, we will return the class to your account for re-booking. No refunds can be given where you have incorrectly booked a Service, or made a payment. We can only credit your account with an amount equal to your purchase to be set against a future package or class.
• You can pay for your Service or Services using PayPal, credit or debit card but not American Express. All prices are final and classes are non-refundable, save as detailed elsewhere in these Terms. We reserve the right to change our prices without prior notice. None of your credit details are collected or stored on our server.
• The Service(s) commence from and including the date of purchase of the Service(s) and not the date of your first booking.
4. CHANGING OR CANCELLING BOOKINGS / MISSED BOOKINGS / REFUNDS
• Changes / Cancellations (more than 24 hours notice):
All Pilates classes and wellness sessions may be cancelled with more than 24 hours notice without losing your Pilates class or wellness session via your online account. Instead, the class or session will be returned to your online account. Note: It will not be refunded.
You may change your booking at any time. To change/cancel a booking, LOG IN to your online account and proceed to the YOUR INFO tab, click on the SCHEDULE tab and click early (not charged) /late (charged) cancellation, as applicable, besides the reservation you wish to amend/cancel. If you have any problems, please contact the relevant studio immediately allowing us to cancel this reservation via the studio. We cannot be responsible for “late cancellations” if you do not contact the studio in writing prior to the 24-hour cancellation period.
• Refunds: The rights of cancellation and refund and any limitation in these Terms do not affect your statutory rights as a consumer. Refunds may only be credited to the credit or debit card originally used to make the purchase.
You agree that you are responsible for checking the details of your booking at each stage of the booking and payment process. Refunds are only available where your Services have not expired. Refunds are discretionary and are not in any event given after 14 days from the date of the purchase of the Services. All refunds are subject to a 15 euro charge + charging full price for any class booking reserved, which you will be required to authorise, and permit us to process prior to the refund.
We cannot process partial refunds. If we, in our sole discretion refund a partially used package, you agree to us refunding the full amount to the card used to make the purchase and then to us making an immediate purchase to the same card equal to the used credit and admin fee as described below. Alternatively, we may in our sole discretion credit you by alternative means after deduction of our admin fee.
If you request a refund when a package has been partially used, and we agree to refund you, you agree that the classes already used will revert to the single class price prevailing at the time of refund request, as bundles incorporate a discount to thank you for supporting us by buying in bulk. The balance, if any, following deduction of our admin fee will be returned in accordance with these Terms.
5 – RIGHTS WHERE WE CANCEL YOUR BOOKING, ALTER SCHEDULE TIMES OR CHANGE THE INSTRUCTOR
• A binding contract is not formed until we accept your offer to make a booking for a Service or block of Services. An offer will be deemed to have been accepted by us once we have issued a booking confirmation or a wait list confirmation via email, text or orally to you, from us or our online booking/purchase system.
• Notwithstanding the above, in the event of a Site error or inaccuracy, due to instructor unavailability, we reserve the right to cancel all confirmed class bookings up to 30 minutes prior to the scheduled Service time. In the event of cancellation, whether or not in accordance with the above, our only liability to you shall be to return your class to your online account for rebooking. No further compensation shall be due to you. In particular, no refund is available where a class is cancelled.
• All Services are subject to availability. We will try to accommodate your preference, but this cannot be guaranteed. The schedule of Services is subject to change without notice, please ensure that there are a number of days and class times which fit your own schedule, as we cannot offer refunds because a particular time slot on a particular day becomes unavailable, whether on a temporary or permanent basis.
• In the event that we cancel a Service or Services that you have booked, we will contact you by e-mail or telephone and return your credit to your account for re-booking at your convenience. It is your responsibility to ensure that your details in your online account are up to date, as we use them for all communication between us and you, and all communication from the booking system to you. Please remember to check your spam.
• When you purchase a Service, you are paying for a Service and not an instructor. Instructors are subject to change without notice, and no refund, class alteration or compensation is due or available for instructor changes. This is to ensure that we are able to keep as many classes open and available for booking by our students.
• If you book into a Service to which your Service package does not apply, you will be removed from that Service without notice. It is your responsibility to ensure that you have selected a Service appropriate to your package.
6 – HOLIDAY PERIODS / FREEZING YOUR PACKAGE / EXTENSIONS / INJURIES / SHARING PACKAGES
• All Packages – cannot be extended or frozen for free because of closure or restricted hours over Bank Holidays, or the Christmas
7 – PRICES AND EXPIRY PERIODS
• All Prices – are subject to change without notice and special offers may be withdrawn at any time without notice.
• All Classes/Workshops/Treatments – are non-transferable and subject to our 24-hour cancellation policy.
• Regular Classes/Workshops/Treatments – valid 52 weeks from and including the purchase date, unless otherwise stipulated.
• Special Offers – valid for the period of time stipulated in the offer from and including the purchase date unless otherwise stipulated in the offer. If you are unsure of the validity of a class or wellness session – please contact us prior to purchase.
• All Classes – Are only valid at the studio for which the Services were purchased, unless otherwise stipulated on the purchase.
• It is your sole responsibility to check your account and keep abreast of your Services expiration date. We do not remind you of these.
8 – WAITING LISTS
• More than 12 hours to scheduled Service time. You will receive an email from our online booking system telling you that you have been moved to the Service. You can early cancel via your online account. It is your responsibility to check your email and spam box to see whether you have been added to the class and that your email address details are current. We may text you as a polite reminder, but this does not override your obligation to check your email and class schedule. Failure to respond may mean your slot is offered to another or released for general booking.
• Less than 12 hours to scheduled Service time. We will text you telling you that you have been added to the Service. You have 1 hour from that text to cancel the booking by emailing the studio or replying to the text. Failure to do so means space will be released to other students for booking. Until you have confirmed your reservation, any other person may book your space on that day.
• Note: By adding yourself to the waiting list you grant us permission to subscribe you to email reminders & notifications. This will allow us to notify you if space becomes available.
9 – PERSONAL BELONGINGS
All personal belongings are left at our studio during or outside of Service and opening hours at your sole risk and we, our directors and our instructors, are in no way responsibility for their theft, loss or damage and you acknowledge that no claim may be brought for any loss, theft or damage to personal belongings or loss suffered as a result of any loss, theft or damage to personal belongings left with at the studio at any time.
10 – ENTRY
We reserve the right to refuse entry.
11 – FORCE MAJEURE
We shall not be liable to you or deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations in relation to these Terms, if the delay or failure was due to any cause beyond our reasonable control, including, but not limited to, Acts of God, explosion, flood, tempest, fire or accident, war or threat of war, riot, sabotage, insurrection, civil disturbance, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any government, parliamentary, or local authority, strikes, lockouts or other industrial action or trade disputes (whether involving our employees or those of any third party), I.T. viruses, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery.
12 – SEVERABILITY
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part will be severed from these Terms, the remainder of which will continue to be valid and enforceable to the fullest extent permitted by law.
13 – SITE USAGE / INTELLECTUAL PROPERTY RIGHTS
• You may use the Site, our Facebook page and Instagram and booking/purchase sites (together with our “Social Media”) for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from our Social Media for any commercial purpose.
• The intellectual property rights in all contents of our Social Media and supplied as part of the products or Services, and in the Studio Australia Barcelona brands, trade marks and logos (“Materials”) are owned by us. Except to the extent expressly set out in these terms and conditions, you are not allowed to make any copies of any part of any Materials, or remove or change anything on our Social Media, include or create links to or from our Social Media without our written authority, or remove or change any copyright, trade mark or other intellectual property right notices contained in any Materials or copies thereof. “Studio Australia Barcelona” is a registered trade mark or application for a registered trade marks owned by us. Please refrain from using the Studio Australia Barcelona brand, logos or marks without written licence.
• Please refrain from using our Social Media to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into our Social Media or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying our Social Media or any other web site or damage or destroy our reputation.
• We accept no obligation to monitor the use of our Social Media. However, Studio Australia Barcelona reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. Studio Australia Barcelona will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security. As we may change our Social Media from time to time, it is recommended that you refresh your browser each time you visit our sites to ensure that you download the most up to date version.
14 – LIABILITY
You are referred to the important liability statement in paragraph 1 at the top of these Terms in addition to this paragraph 15. You agree to these Terms that your use of this Site and the Services are on an “as is” and “as available” basis. On that basis, except as expressly set out in these Terms, we do not enter into conditions, warranties or other terms in relation to the Site or the products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result. The Site and Social Media may include links to external sites and co-branded pages. We have included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting, however, we are not responsible for the content of these sites and pages or for anything provided by them. Subject to the important liability statement, we are not liable for failure to comply with these Terms due to any event beyond our reasonable control, including, without limitation, the input of incorrect information by you.
15 – YOUR PERSONAL INFORMATION
16 – ENTIRE AGREEMENT
These Terms together with our booking/wait list confirmation constitute the entire agreement between the parties unless otherwise expressly agreed in writing between the parties.
17 – GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with European law and the parties hereby agree to submit to the exclusive jurisdiction of the European courts.
What do we collect and use personal information for? In order to:
• Administer your accounts and subscriptions with us
• Process orders, payments or applications submitted by you
• Customise the service we provide to you
• Administrate or otherwise carry out our obligations in relation to any agreement you have with us including any subscription to our service
• Verify your identity (for example, in the event you are a competition winner)
• Anticipate and resolve problems with any services supplied to you
• Carry out market research and tracking of sales data
• Send you information about our services (if you have chosen to receive such information);
Although we do not make it compulsory to give us every item of information we ask for, the more information you volunteer (and the more accurate it is), the better we can tailor our services for you.
At Studio Australia Barcelona we don’t share your data with any third party other than those utilised to service our business.
Third party sites
We cannot be responsible for the privacy policies and practices of other websites even if you access them using links from our Sites and recommend that you check the policy of each site you visit.
Log files/IP addresses
When you visit our site, we may automatically log your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by our web server. We use IP addresses to help us administer the Site and to collect broad demographic information for aggregate use.
We may automatically collect non-personal information about you such as the type of internet browsers you use or the site from which you linked to our Sites. You cannot be identified from this information and it is only used to assist us in providing an effective service on our Sites. We may from time to time supply the owners or operators of third party sites from which it is possible to link to our Sites with information relating to the number of users linking to our Sites from their sites. You cannot be identified from this information.
Information placed on your computer
We may store some information (commonly known as a cookie) on your computer when you look at our site. This information facilitates your use of our Sites and helps us to provide you with the best level of service.
You can erase or block cookies from your computer if you want to (your help screen or manual should tell you how to do this), but certain Studio Australia Barcelona services may not work correctly if you set your browser not to accept cookies.
Improving our service
If you have agreed that we can, staff from Studio Australia Barcelona may contact you from time to time by e-mail or by telephone in order to get your feedback on the service we provide to you.
Information about products and services.
It is very important to us that we provide you with the highest level of service. In order to help us do this, where you have agreed to receive such information, from time to time we may send you details of products and services which we think may be of interest to you.
Keeping our records accurate
We aim to keep our information about you as accurate as possible. If you would like to review or change the details you have supplied us with, you may do so at any time by simply contacting us. If you have another query relating to your information, please contact us.
Disclosing your information to others
Other than the disclosures referred to in this policy, we will not disclose any personal information without your permission unless we are legally entitled or obliged to do so (for example, if required to do so by Court order or for the purposes of prevention of fraud or other crime). Our policy is not to sell or share data.