GENERAL TERMS AND CONDITIONS – ELYSIUM GYM
1. Purpose
These General Terms and Conditions (hereinafter “the GTC”) govern the contractual relationship between Gymbros S.à r.l., operating under the name “Elysium Gym,” and any natural person subscribing to a membership plan or purchasing an access pass (hereinafter “the Member”).
2. Types of Membership
Elysium Gym offers several categories of memberships, grouped as follows:
Fixed-term memberships (e.g., 12-month memberships, paid monthly or in a single upfront payment).
Open-ended memberships (e.g., flexible packages, student memberships, corporate memberships), automatically renewed on a monthly basis.
Prepaid access passes (e.g., day passes, multi-entry cards), valid for a limited period and without automatic renewal.
The specific conditions (duration, pricing, payment method) are those communicated to the Member at the time of subscription and form an integral part of the contract.
3. Duration, Renewal, and Termination
3.1 Fixed-Term Memberships
Fixed-term memberships are concluded for the duration specified at the time of subscription.
Early termination by the Member is not permitted, except in the situations provided under Article 7 (suspension for legitimate reasons).
At the end of the initial term, the contract is automatically renewed for an indefinite duration, and may thereafter be terminated in accordance with Article 3.3.
3.2 Open-Ended Memberships
Open-ended memberships renew automatically from month to month, until terminated by the Member in accordance with Article 3.3.
3.3 Termination Procedure and Notice Period
The Member may terminate an open-ended membership or a fixed-term membership that has renewed tacitly, at any time, subject to a notice period of fifteen (15) calendar days.
Termination must be made exclusively through one of the following channels:
Registered letter with acknowledgment of receipt sent to Elysium Gym;
Email sent to: info@elysium-gym.lu.
Any other form of communication (verbal messages, SMS, social media messages, etc.) has no legal effect.
Termination becomes effective 15 days after the date on which the request is received by Elysium Gym.
3.4 Prepaid Access Passes
Prepaid passes (e.g., day passes, multi-entry cards) automatically expire at the end of their validity period and are non-refundable.
3.5 Pre-Opening Subscriptions
For subscriptions taken out before the official opening of the club, payments are due immediately upon subscription, while the membership period begins only on the club’s official opening date.
This clause applies exclusively to subscriptions purchased before 25 October 2025.
3.6 Non-Refundability
All memberships and access passes are strictly non-refundable, unless required by mandatory law.
4. Payment and Fees
4.1 Payment Terms
Membership fees are payable in advance, either monthly via SEPA direct debit or, where applicable, in a single upfront payment.
4.2 Failed or Rejected Payments
In the event of a rejected SEPA payment or non-payment, administrative fees may be charged, and access to the club may be suspended until the outstanding amount is settled.
4.3 Full Amount Due
Monthly fees remain due even if the Member does not use the facilities.
4.4 Late Payment
Legal interest for late payment under Luxembourg law, as well as potential recovery fees, may be added to the outstanding amount.
5. Access and Services
5.1 Access to Facilities
Members have access to 2,500 m² of facilities across three floors and an outdoor terrace, subject to the published opening hours and possible modifications.
5.2 Personal and Non-Transferable Access
Access is strictly personal and non-transferable. Any fraudulent use (e.g., lending a badge) may result in immediate termination without refund.
5.3 Age Requirements
Access is permitted from 16 years of age.
Members under 18 must provide a written authorisation from a parent or legal guardian.
6. Conduct and Internal Rules
Members must comply with the internal rules, safety instructions, and directions given by staff.
Any behaviour that is dangerous, disrespectful, violent, or harmful to the club’s reputation may result in suspension or immediate termination without refund.
7. Suspension of Membership (Exceptional Cases)
Fixed-term memberships may be suspended only in the following duly justified cases:
Medical incapacity to engage in any physical activity for at least 30 days, certified by a clear and complete medical certificate;
Professional relocation requiring a move more than 15 km away from the club.
If approved, the membership will be extended for a period equivalent to the suspension.
Open-ended memberships cannot be suspended, but may be terminated in accordance with Article 3.3.
8. Liability and Insurance
Elysium Gym is liable only for damages resulting from gross negligence, wilful misconduct, or mandatory legal responsibility.
Use of the facilities is at the Member’s own risk.
Personal belongings must be stored in lockers; Elysium Gym assumes no responsibility for theft or loss, unless gross negligence is proven.
Damage caused intentionally or through gross negligence by a Member may be reported to the insurer or authorities, in compliance with the GDPR.
9. Personal Data
Elysium Gym processes personal data in accordance with the GDPR.
Data are used exclusively for administrative management, billing, and access control, and are retained for the duration of the contract, then archived for five (5) years for legal obligations.
Requests for access, rectification, deletion, portability, or objection must be made in writing.
10. Amendments and Force Majeure
Elysium Gym may amend these GTC, the services offered, or the opening hours.
Members will be informed beforehand. A substantial change grants the Member a right to terminate the contract within 14 days.
In cases of force majeure (pandemic, natural disaster, governmental decision, fire, mandated construction works), access may be suspended without indemnity or refund.
11. Applicable Law and Jurisdiction
These GTC are governed by Luxembourg law.
Any dispute falls under the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg, without prejudice to the consumer’s right to bring a claim before the courts of their domicile in accordance with applicable law.
