This English version is provided for convenience only. In the event of any discrepancy, the German version shall prevail.
1. Inclusion of the Terms and Conditions
The following provisions apply to all contracts for the provision of training services by Tivia Tennisschule Zürich (hereinafter the "Tennis Academy").
Any amendments or supplements to the following provisions shall only be valid if confirmed in writing by the Tennis Academy.
The house rules of the respective club or tennis centre as well as all other regulations of the club or tennis centre remain unaffected.
2. Conclusion of the Contract
Registration for training takes place exclusively via the website of the Tennis Academy.
The Tennis Academy is not bound by the registration for training and is not obliged to accept it. A contract for the provision of training services is only concluded once the Tennis Academy has confirmed the registration in writing.
3. Organisation of the Training
The services offered by the Tennis Academy include private training and group training as well as holiday camps, events, products and other services. Private training can be booked as a single training session ("single session"), as a package of multiple training sessions or as seasonal training. Group training can only be booked as seasonal training. A seasonal training period corresponds either to an outdoor season (usually from April to October) or an indoor season (usually from October to April).
No training sessions take place on Sundays or on public holidays of the City of Zurich. For seasonal courses, the number of training weeks as well as the regulation regarding lessons during the school holidays of the City of Zurich are specified in the respective offer.
Unless otherwise agreed, the duration of a training session (whether a single session, a session within a package, or a group training session) is 60 minutes. Necessary court maintenance (in particular sweeping the court and collecting balls) shall be carried out by the participants under the guidance of the trainer during the training session.
Training groups for group sessions are organised according to practical criteria such as playing level and age. When registering, a preferred group size may be indicated; however, there is no entitlement to a specific group size. The Tennis Academy reserves the right to adjust group allocations at any time. In addition, courses may be rescheduled or merged. The Tennis Academy is free in the allocation of trainers and in the design of the training content.
The Tennis Academy reserves the right to exclude individual participants from training, in particular if they repeatedly fail to follow the trainer's instructions or continuously disrupt the training. In such cases, minor participants will remain on the training court until the end of the training session unless they are collected earlier by their legal representative. In the event of exclusion from training, the participant shall have no claim to reimbursement of the fee for the respective training session. The Tennis Academy expressly reserves the right to extraordinary termination of the contract. In the event of such termination, the fee for remaining training sessions will generally not be refunded.
4. Supervision of Minors
The duty of supervision for minor participants is limited to the duration of the respective training session.
The legal guardians of minor participants must ensure that the participants arrive at training on time and are collected promptly after the end of the training session.
5. Liability and Responsibility of Participants
Participation in the training takes place at the participant's own responsibility. In particular, each participant is responsible for ensuring that they are physically and medically fit to participate in the training. Any physical or health-related complaints occurring during the training session must be reported to the trainer immediately.
Participants are required to wear tennis shoes suitable for the respective court as well as appropriate sports clothing. The Tennis Academy reserves the right to exclude participants from a training session if their clothing is deemed unsuitable.
The liability of the Tennis Academy for damages in connection with the provision of training services is limited to intent and gross negligence. Furthermore, the Tennis Academy shall be released from all liability claims to the extent permitted by law.
Participants take part in training sessions (private or group training, holiday camps, events, etc.) at their own risk and are responsible for ensuring adequate insurance coverage against accidents and illness.
6. Cancellation and Cancellation of Training Sessions
For group training sessions, holiday camps and events the following cancellation conditions apply: Until the official registration deadline: no cancellation fee. Up to 30 days before the start of the event: 25% cancellation fee of the total price. Up to 15 days before the start: 50% cancellation fee of the total price. Up to 7 days before the start: 75% cancellation fee of the total price. Within 7 days before the start or in the event of non-attendance: 100% cancellation fee of the total price.
Cancellation of participation in a private training session by the participant must be made via the website at least 24 hours before the scheduled start of the training session and must include an appropriate reason. If a private training session is not cancelled in due time, the Tennis Academy retains the right to payment of the training fee.
In the case of group training sessions, the Tennis Academy retains the right to payment of the training fee even if the participant does not attend. If the cancellation is not made at least 24 hours before the scheduled start of the training session via the website and with an appropriate reason, an additional administrative fee of CHF 3 will be charged. Unexcused absence or unjustified lateness will not be tolerated and may lead to exclusion in accordance with Section 3 above.
Changes in the number of participants in group training sessions within the intended group size do not require special agreement; the course fee will be adjusted in accordance with the applicable price list. If the number of participants in a group training session is reduced from two to one participant, continuation of the group training will only take place after prior agreement with the remaining participant; in such a case, the course fee will increase according to the price list.
If a participant of a group training session must pause participation for at least three consecutive training dates due to illness or injury, only 50% of the agreed training fee for those sessions is owed, provided that the participant submits a medical certificate confirming the illness or accident.
If a training session (single session, session within a package, group training session, holiday camp or event) is cancelled by the Tennis Academy (for example due to insufficient number of participants, trainer absence or incompatible playing levels), the participant is entitled to a replacement session. If such a replacement is not possible, or not possible within the current season, the participant is entitled to reimbursement of the training fee.
If a training session is cancelled due to force majeure (in particular weather conditions, unplayable courts due to weather, darkness, technical disturbances or closure of the hall or club), the cancelled session will generally not be rescheduled unless otherwise agreed in the individual case. In such cases the Tennis Academy's entitlement to the training fee does not apply; any fee already paid will either be credited to the participant or refunded, at the participant's choice. By way of exception, for training sessions of minors and juniors up to the age of 20, an alternative training programme (such as fitness or athletic training) will be carried out where possible and reasonable. In this case the Tennis Academy remains entitled to the training fee as if the session had taken place regularly.
If a training session that has already begun cannot be continued due to force majeure (in particular weather conditions, unplayable courts due to weather, darkness, technical disturbances or closure of the hall or club), the training session will be terminated. In this case there is no entitlement to a replacement session and the Tennis Academy retains its entitlement to the training fee. By way of exception, for training sessions of minors and juniors up to the age of 20, an alternative training programme (such as fitness or athletic training) will be carried out where possible and appropriate, particularly with regard to the remaining training time. In this case the Tennis Academy remains entitled to the training fee as if the session had taken place regularly.
7. Training Fees and Payment
The applicable training fee is determined by the Tennis Academy's price list valid at the time the contract is concluded.
The prices relate exclusively to the provision of training services by the Tennis Academy. Participation may require additional club membership fees or court fees. The relevant provisions of the respective offer apply.
The agreed training fee becomes due upon receipt of the invoice issued by the Tennis Academy. As a rule, private training sessions become due after completion of the session. Packages, holiday camps and events become due before the start of the first training session. For group training sessions, invoicing usually takes place in two instalments: half after the first half of the season and half after the end of the season. The Tennis Academy reserves the right to invoice group training sessions on a monthly basis.
Payment of the training fee shall be made to the account specified in the respective invoice. In the event of late payment, reminder fees of CHF 15 per reminder will be charged from the second reminder onwards.
8. Final Provisions
By concluding the contract, these General Terms and Conditions are accepted.
Where written declarations are required under these General Terms and Conditions, transmission in text form, in particular by email, shall be sufficient.
The place of performance is the registered office of the Tennis Academy. Unless mandatory statutory provisions provide otherwise, Zurich shall be the exclusive place of jurisdiction.
Should individual provisions of these Terms and Conditions be legally invalid, the remaining provisions shall remain valid. In place of the invalid provisions, the applicable statutory provisions shall apply where available.