2.1.1Payment of the fee and effects of non-payment
By signing the Membership Contract, the USER undertakes to pay the amounts agreed with Point 2000 no later than the agreed due dates. Where recurring payment of the membership has been arranged through automatic systems for charging the installments or the periodic membership cost (credit card charge or bank direct debit), the user undertakes to ensure that each charge is successful. In particular, the user is responsible for: a) in the case of a credit card, checking that it has not expired and has sufficient funds and an adequate credit limit; b) in the case of bank direct debit, keeping the bank account active and sufficiently funded. The user accepts that late payment will always be considered their responsibility and will oblige them to reimburse Point 2000 without delay for all costs and expenses connected with the failed or late collection of the installment and with any enforced recovery of it, as well as default interest, except only in proven cases of force majeure; this, by specific agreement between the Parties, so as to hold the Company harmless from the consequences of non-payment
2.1.2Effects of Late Payment
The user also accepts that late payment will result in: - From the first day of delay, the immediate suspension of the services provided by Point 2000 at the sports center until the arrears are settled, pursuant to and for the purposes of Art. 1460 of the Civil Code. The Company will send a notice describing the reason for the unpaid balance with a request to settle it (hereinafter also simply โNoticeโ); - After 15 days of delay from the date scheduled for the charge, the automatic charge to the user of a penalty of 10.00 (ten/00) euros for the delay, which will be added to the amount of the unpaid installment; - From day 16 of the month onwards, the sending of a final reminder to settle the arrears voluntarily no later than 15 days from its receipt, with the warning that, should the arrears persist, the Membership Contract will be terminated by operation of law to the detriment of the user, pursuant to Article 1456 of the Civil Code, without the need for further warnings or notices, and the legal action necessary to recover the debt will be initiated, again without the need for further reminders and warnings, with the further costs for the user described in clause 2.1.1., last paragraph
2.1.3Use of the physical Access Card
Consequences in case of loss. With regard to the use, storage and safekeeping of the Access Card, the user must exercise the utmost care. If the Access Card is lost, the user must immediately notify the front desk in writing by email to desk@athlonroma.it. On receipt of the notice of loss, the lost Access Card will be deactivated, and only from that moment will the user no longer be exposed to the risk of any fraudulent use of the physical Access Card by third parties; they may request a duplicate on payment of โฌ5.00
2.2Email address and changes to user details
2.2.1Requirement of a valid email address
When signing the Membership Contract, the user is required to provide Point 2000 with a valid and active email address through which Point 2000 can send communications and which can be associated with the unique account for access to the user's personal member area. The user expressly agrees to receive legally relevant communications from Point 2000 (e.g. reminders, changes to the General Terms of Contract, etc.) by email
2.2.2Notification of changes to details
The user is required to notify Point 2000, without delay, of any change to the personal details previously provided for the purposes of the Membership Contract (such as: first name, last name, address, telephone, email address) through the member area on the website. Bank details may be changed by signing a new SEPA mandate online. The user accepts that any delay in notifying such changes will always be considered their responsibility and will result in the charging of all costs and/or expenses connected with such late notification, as well as default interest. Only proven cases of force majeure are excepted
2.3Prohibition on Transferring the Membership Contract and the Access Card
Penalty and further damages. The user's rights deriving from the Membership Contract, as well as from the Access Card, are to be understood as strictly personal and non-transferable to third parties. The user is therefore obliged to use the Access Card only personally and not to transfer or assign it to third parties (including other Members), even temporarily. Point 2000 reserves the right to verify the user's identity in the Gym by asking to see an identity document. In the event of breach of this provision, without prejudice to any liability arising from the commission of criminal offenses, the user will be required to pay Point 2000 the sum of โฌ100.00 as a penalty, without prejudice to the right of Point 2000 to compensation for further damages
2.4Prohibited Activities and Products
Sanction. Penalty and further damages. In the Club it is forbidden to smoke, to bring in weapons, to bring in and/or consume alcoholic drinks, and to use narcotics and pharmacological substances other than on medical prescription. It is also forbidden to bring into or carry within the Club any substances that enhance the user's physical performance (e.g. so-called anabolic substances). Likewise, it is forbidden to offer, make available, give and transfer such substances to third parties, or to acquire and purchase them from other Members or third parties โ whether for payment or free of charge. Failure by the user to comply with these provisions, without prejudice in this case too to any liability arising from the commission of criminal offenses, will result in the termination of the Membership Contract under Art. 1456 of the Civil Code and will entitle Point 2000 to claim from each user involved, in case of breach of the smoking ban, an administrative fine of โฌ 27.50 to โฌ 275.00 (the amount of the fine is doubled if the breach is committed in the presence of a visibly pregnant woman or in the presence of infants or children up to twelve years of age) pursuant to Art. 51 of Law 16.01.2003, no. 3 and subsequent amendments and additions, and, in other cases, a sum of โฌ100.00 as a penalty, without prejudice to the right of Point 2000 to compensation for further damages
2.5Prohibition on Offering Personal Trainer Services
Penalty and right of termination It is forbidden, within the Club, for a user to offer other user(s), whether for payment or free of charge, unauthorized personal trainer services, coaching, classes or individual consultations. Breach of this prohibition will result, at the discretion of the Management, in: the immediate suspension of access to the Club; the termination of the contract pursuant to Art. 1456 of the Civil Code; the payment, by the responsible user, of a penalty of โฌ150.00, without prejudice to the right of Point 2000 to compensation for any further damages
2.6Use of lockers
The lockable lockers provided by Point 2000 may be used by the user only while they are at the Club. It is expressly forbidden to leave personal belongings in the lockers outside the time spent at the Club; for this reason, Point 2000 reserves the right to open lockers that are occupied beyond the permitted time. Users must use the lockers properly and lock them with the security system provided. Bringing valuables, large sums of money or particularly expensive electronic devices into the Club is strongly discouraged. Point 2000 is in no way liable for any theft, damage and/or loss of personal belongings, whether within the Club or in the lockers, unless such events are directly attributable to willful misconduct or gross negligence of the Company, and in any case only within the limits provided by law
2.7User's physical condition
The User declares, under their own responsibility, that they are in good health and physically fit to practice sport; that they have never been found unfit in previous medical examinations; and that they have not suffered any disabling events that could compromise safety or their own physical well-being when practicing sport at the Club. To this end, the User undertakes to provide, on enrollment, the Medical Certificate of Fitness for NON-COMPETITIVE Sport (or Competitive, in the cases explicitly required). If the certificate is not provided, Point 2000 reserves the right to suspend the User's access to all activities, without this giving any right to a refund of the fees paid or to compensation for any damages. No liability may be attributed to Point 2000 for physical or financial consequences arising from participation in sports activities within the Club. In the event of subsequent physical unfitness, the User is obliged to stop all activity immediately and refrain from using the services, remaining personally responsible for any consequence connected with the breach of this obligation
2.8Rules of conduct
The Club Management, through the staff in charge, has the right to refuse entry to or expel, even permanently, any user who, through words, actions or behavior, causes disturbance, offense or discomfort to other users, to staff or to the normal running of the Club's activities. In particular, the following will be subject to immediate measures: rowdiness, dangerous games, aggressive or threatening behavior, vulgar or offensive language, acts contrary to morality or civil coexistence, as well as complaints or protests that go beyond the limits of good manners. The Management also reserves the right to refuse entry to or remove anyone who causes damage to the facility, furnishings or equipment. In such cases, the responsible user will be obliged to pay full compensation for the damage caused, material and/or financial, including any costs of restoration, suspension of activities or replacement of damaged goods. The Management may also order the suspension or termination of the contract pursuant to Art. 1456 of the Civil Code
2.9Injuries
In the event of injury, the user must immediately inform the management by sending an email to desk@athlonroma.it and, if the user is a registered athlete, follow the procedure set by the sports promotion body or federation for opening a claim. The Company is exempt from any liability for injuries or harm occurring during activities or within the Center due to improper or non-compliant use of the equipment and/or risks inherent in the specific activities carried out or due to use incompatible with the user's physical condition, without prejudice to any compensation provided by the insurance company