Terms & Conditions of Health Club Membership

TERMS AND CONDITIONS OF HEALTH CLUB MEMBERSHIP

1. Barceló Hotels Health & Leisure Clubs

1.1 Barceló Hotels Health & Leisure Clubs, herein referred to as the Club, are operated by Barceló General Partners Ltd (the proprietor).

1.2 All entrance fees, subscriptions and other receipts shall become the property of the Proprietor and on cancellation or termination of any membership no refund will be madeto the member of any part of the initial subscription fee or monthly membership fee payments.

1.3 It is a condition of acceptance of membership that the member agrees to pay the initial subscription fee and agrees to be bound by these terms and conditions.

2. Payment

2.1 The initial subscription fee must be submitted either:

2.1.1 in full on acceptance by the Club Management of an application for membership; or

2.1.2 by entering into an approved Club payment plan on the day of joining.

2.2 In all clubs, the member agrees to maintain membership for a minimum period of 12 (twelve) months from the date of joining. In the event of the member terminating membership during this period, the member agrees to immediately pay a cancellation fee set by the Club Management.

2.3 The Proprietor reserves the right to specify or amend the form in which payment shall be made eg from bankers standing order to direct debit.

3. Membership/Assignment

3.1 The Proprietor reserves the right to reject any application for membership of the Club, without giving any prior notice.

3.2 Membership is personal to the member at the Club premises for which membership is granted and cannot be transferred.

3.3 The Proprietor may assign the benefit of this agreement to any person, firm or company at any time and will use its reasonable endeavours to give each member prior written notice of any assignment.

3.4 The Club offers the following types of membership:

3.4.1 Individual Membership.
Available to individuals of at least 16 (sixteen) years of age. An Individual Member is entitled to the full use of all club facilities during opening hours.

3.4.2 Joint Membership.
Available to two people from the same address of at least 16 (sixteen) years of age. Joint Members are each entitled to full use of the Club facilities during opening hours.

3.4.3 Corporate Membership.
A Corporate Member is entitled to all the privileges of Individual or Joint Membership. It is available only where at least 6 (six) individuals from one organisation take up and maintain
membership. The membership is nontransferable, except where the initial subscription fee and monthly dues are paid by one organisation, in which case the individual entitlement may be transferred at the nomination of the organisation. The Corporate Membership shall not be transferred from one organisation to another. A small charge will be made for transferring memberships.

3.4.4 Off-Peak Membership.
Off-Peak Membership is available either to an Individual Member or to Joint Members who will be entitled to full use of Club facilities during offpeak hours only, as displayed on the Club
noticeboard from time to time.

3.4.5 Child Membership.
Child members are children under the age of 16 (sixteen) who are permanently resident in the household of parents who are members.

3.5 Any change in a Member’s address, telephone or bank details should be given in writing to the Club Management at the Club premises where the membership was entered into.

4. Fees

4.1 An initial subscription fee and monthly membership fee (which may change from time to time) shall be payable for each class of membership. The Club Management shall give 30
(thirty) days written notice of any changes in the monthly membership fee. The Club facilities not included within the monthly membership fee (and charges for their use) may change from time to time. Separate charges will be levied for beauty therapy, tanning and bar / restaurant facilities which are not included in the monthly membership fee.

4.2 The Club Management has the right to increase the monthly membership fee once in a 12 (twelve) month period. Notification or price increases will appear on the club noticeboard.

5. Admission to the Club Premises

5.1 Members may use the facilities at any Club premises other than the Club premises for which membership has been granted in accordance with clause 3.2 up to 3 (three) times per month, subject to available facilities.

6. Termination

6.1 Membership may be terminated by the Club Management or the Proprietor:

6.1.1 without notice in the event of such member committing a serious or repeated breach of the Club rules (as may be amended from time to time);

6.1.2 by notice in writing if any payment owing to the Club by the member remains unpaid for 30 (thirty) days after the due date for payment; or

6.1.3 upon not less than 30 (thirty) days notice in writing if the Proprietor believes that the member(s) is not a suitable individual for continued membership of the club.

6.2 Membership may be terminated by the member on giving at least 30 (thirty) days written notice to the Club Management to expire on or any day after the first anniversary of the date of joining.

7. Guests

7.1 Members escorting guests on the Club premises shall ensure that guests complete a guest pass and pay the current guest fee.

7.2 Guests must always be accompanied by the member introducing them who will then be responsible for their guests actions and safety whilst on the Club premises.

7.3 No more than 2 (two) guests may be introduced to the Club at any one time by the same member. Prior approval may be granted by the Club Management for additional guest entry.

7.4 Guests with a valid guest pass will have the same membership privileges as the member who is escorting them and will be subject to the same rules. The management may refuse entry to any guest to any the Club premises without giving any reason. Guest charges and admission hours may vary from time to time.

8. Children

8.1 Child members may use certain facilities (as determined by the Club Management). Child members must be accompanied by the adult member at all times who will be responsible for
the conduct, safety and supervision of the child. The hours during which children may be admitted may vary from time to time.

8.2 Child members under 16 (sixteen) years of age may only use the swimming pool with adult supervision.

9. Dress

9.1 Appropriate dress must be worn at all times on the Club premises and during activity classes. Trainers must be worn when using the equipment within the Club gymnasium.

10. Reservations

10.1 All reservations for services and/or programmes shall be made up to 1 (one) week in advance. 24 (twenty four) hours notice is required to cancel reservations and upon shorter notice the member who made the reservation will be charged the full amount unless the appointment can be refilled.

10.2 The Club Management can refuse to rebook a member who repeatedly cancels or repeatedly fails to keep an appointment for the Club services and/or programmes.

11. Conduct of Members

11.1 Members and guests are expected to behave in an orderly fashion at all times whilst on the Club premises. Any damage to Club property shall be paid for by the member (or their guest) who is responsible.

11.2 No alcohol or food can be brought by members onto the Club premises and smoking is strictly forbidden anywhere on Club premises.

11.3 Members and their guests shall shower prior to entering the swimming pool, whirlpool, steam or sauna areas, and again upon leaving the steam and sauna areas and before re-entering the swimming pool or whirlpool.

11.4 Members may not enter the club under the influence of alcohol or under the influence of any non-prescription drugs or other illegal substances.

12. Disclaimer of Liability

12.1 All members and guests use the Club facilities at their own risk. Neither the Proprietor nor any company within the Barceló General Partners Ltd of companies or agents or employees of either shall be liable for:

12.1.1 the personal injury or death of any member or guest whilst on the Club premises or while using the Club facilities, except to the extent that death or personal injury arises from any negligent act or omission of the Proprietor or any agent or employee of the Proprietor; or

12.1.2 any loss, damage or theft of personal property belonging to the member or any guest occurring on Club premises.

12.2 Members and/or guests are advised to undergo a medical examination prior to beginning any physical activity programme. Members with diabetes, or who suffer from heart disease, high or low blood pressure or pregnant women should consult with their doctor to check which Club facilities should not be used.

13. Restriction/Closure of Club Facilities

13.1 The Club Management reserves the right to show potential members around the Club premises and allow them to use the Club facilities on a trial basis from time to time.

13.2 The hours during which the Club premises are open for use by members will be shown to members on joining. Members will be given reasonable prior notice of any intended closure
for additional cleaning requirements (not day to day cleaning) or staff training requirements.

13.3 The Proprietor and the Club Management will use their reasonable endeavours to ensure that the Club facilities are in working order and available for use by members during such times as the Club premises may be open. There may be occasions when Club facilities may be out of order or not be available for reasons beyond the control of the Proprietor, such as for reasons of servicing or refurbishment. Members entitlement to use of the Club facilities is therefore limited to those Club facilities which are available for use at the time they wish to use the facilities.

14. Disputes

Any dispute or indifference which may arise in regard to the interpretation of these terms and
conditions shall be determined by the Proprietor whose decision shall be final.

15. Temporary Membership Freeze

15.1 If a member is unable to use the Club facilities then they may freeze their membership for a nominal charge of £15.00 per month for an Individual Membership or £20.00 per month for a Joint Membership. 30 (thirty) days written notice is required before the first day of the month from which the member(s) wishes to freeze their membership.

15.1.1 If a member loses their membership card, then a £10 administration fee will be charged for a replacement.

15.2 A membership may be frozen for a minimum of 3 (three) months and a maximum of 1 (one) year only. Should a member subsequently rejoin after 13 (thirteen) months they will have to pay the initial subscription fee (at the current fee at that time).

16. Waiver

The failure of the Proprietor to enforce any of its rights at any time for any period shall not be
construed as a waiver of such rights.

17. Severability

17.1 If any of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

17.2 If any of these terms and conditions is so found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.