Contractual Conditions

GENERAL CONTRACTUAL MEMBERSHIP CONDITIONS
For the purpose of these General Contractual Membership Conditions, the following explanations of terms shall apply:
1. "Company " - company SHC Prague TRS, a.s., the operator of the hotel InterContinental Praha, with the place of business at Praha 1, Nám. Curieových 43/5.
2. "Health Club & Spa" - premises of the sports-relaxation center of the hotel InterContinental Praha situated at Pařížská 30, 110 00
Praha 1.
3. "Member" - a physical entity of at least 16 years of age, who is entitled to use the services provided within the Health Club & Spa.
4. "Responsible Person" - an employee of the Company or any other person, who has been authorized by the Company to carry out supervision of the way services are used by the Member or by other persons, to provide counsels, instructions or any other activities immediately relating to the stay of the Member or of other persons in the Health Club & Spa and with the utilization of the services rendered by the Company.
5. "Membership" - the obtaining of a long-term membership card entitling to the use of the services provided by the Health Club & Spa, valid from 1 month to 1 year as of the date of its buying, or the pre-paying of at least 10 entries.
6. "Operating Rules" - a summary of rights and obligations of the Member, or of any other person using the services of the Health Club & Spa, drawn up by the Company, which, besides other things, sets out in more detail the conditions binding upon the provision of the services. A thorough and sufficient familiarization with the Operating Rules is an essential prerequisite of the Member's or any other person's entrance to the Health Club & Spa. By entering the Health Club & Spa, the Member or any other person acknowledges that he/she has familiarized self with all provisions of the Operating Rules in their full scope, and that he/she is aware of them.
7. "Price List" - a summary of the rates charged for the services provided, which is available at the reception of the Health Club & Spa.

COMMENCEMENT OF MEMBERSHIP
1. Club membership commences by concluding a written contract drafted on an approved corporate form (Application Form), by completing the Health Questionnaire and by settling the membership card issuance fee.
2. Membership shall only apply to an individual - member, by principle it may not be transferred or assigned and it does not carry over to the legal successors of the Member.

VALIDITY OF MEMBERSHIP
1. The validity of membership is always indicated on the membership card issued by the Health Club & Spa reception desk.
2. The membership card also contains a specification of the services that the membership encompasses.
3. Upon request from a Member, his/her membership may be extended in scope, subject though to the proper settlement of a proportional amount pursuant to the valid tariffs.

DISCONTINUATION OF MEMBERSHIP
1. Upon request from a Member, the Health Club & Spa may agree to discontinue the validity of a long-term membership card for a definite period of time, however only for the following maximum periods:
  14 days on six-month memberships
  1 month on annual memberships.
2. To "freeze" and subsequently renew membership is only possible if an application has been filled in advance and the Member card has been left in custody at the Health Club & Spa reception desk for the whole period of absence of the Member.
3. If a Member submits a medical certificate corroborating his/her health incapacity to use the services provided by the Health Club & Spa, the membership may be prolonged for a proportionate period of time, not to exceed six months after the original expiration of the membership.
4. During the period of discontinued membership, the Member shall not be entitled to use the services provided by the Health Club & Spa or any other benefits resulting from a membership.
5. If not stated otherwise, the membership period will be extended for a period equivalent to the period of discontinuation.

RIGHTS AND OBLIGATIONS OF THE MEMBER
1. Having produced the membership card at the Health Club & Spa reception desk, the Member shall be entitled (but not obliged) to enjoy the services provided by the Company on a daily basis, within the scope specified on his/her membership card.
2. Excluded from the Club memberships are the ancillary services, namely the consuming of beverages or food, use of massage services (except of the Platinum membership), personal trainer services, etc. If interested in any of these, the Member has to settle the ancillary services separately at rates specified by the valid price lists.
3. Unless prior consent is obtained from the Responsible Person, the use of services provided by one's own personal trainers who are not the staff or associates of the Health Club & Spa is prohibited.
4. Any sports activities executed by the members are carried out solely within the Members' own responsibility and at their own risk. The members are namely obliged to take their own skills, experience, health and physical and mental condition into consideration.
5. If there is concern on the part of the Company that the performance of sports activities by a Member could, in view of his/her health condition, endanger the health of him/herself or of any third parties, the Company shall be entitled to ask such a Member to produce a medical certificate corroborating the fact that such performing of sportive activities cannot have any negative effect on his/her health. If asked by the Company to do so, the Member is obliged to provide such a medical certificate within 15 days as a maximum. Until the certificate has been produced, the Company shall be entitled to withhold the membership or to make access to the use of the services provided by the Health Club & Spa otherwise impossible for the Member concerned.
6. Members are obliged to comply with these Membership Conditions and abide by the Health Club & Spa Operating Rules, as well as to obey by the instructions given by the Responsible Person.
7. Members are not allowed to carry out any sports activities in case they are ill, injured, under the influence of alcohol, narcotics or medical drugs that may in any way have impact on, or may put at risk, their physical or mental faculties, their abilities to control self, their recognition skills, their judgement or their ability to realistically estimate the level of one's own skill. In any of these cases, the Company shall be authorized to make execution of sports activities by members impossible or unavailable.
8. Members are responsible for any damage brought on the Company as a result of wrongful act and violation of pertinent legal regulations, contractual terms, ethic codes or by breaching any of the obligations resulting from the Health Club & Spa membership. Similarly, the members are responsible for any damage brought on the assets of the Health Club & Spa, namely on its equipment and furnishing.

CESSATION OF MEMBERSHIP
1. Membership comes to an end when the effective period of membership indicated on the membership card has elapsed.
2. Upon premature termination of a membership by the client, or upon its incomplete use, the Member shall not be entitled to redemption of the fee charged for his/her membership card.
3. The Company is authorized to terminate membership with immediate effect in the following cases:
a. Member has repeatedly breached these Conditions, the Operating Rules or is on default concerning the compliance with any of his/her liabilities towards the Company.
b. Member has violated the rules of proper manners within the areas of the Health Club & Spa (offensive or rude behavior towards the Company's staff or customers, drunkenness, use of narcotics, damage brought on the facilities, etc.).
c. Member has disobeyed the instructions given by the Company management or by the Responsible Person, namely such instructions that refer to safety and to the maintenance of fire or hygienic rules.
d. On entering the Health Club & Spa, the Member has refused to prove his/her identity when asked to do so by the Company representative, or he/she has withheld the approval of his/her personal data processing.
If the membership ceases to exist for any of the above given reasons, the Member shall not be entitled to redemption of the fee charged for his/her membership card.

MEMBERSHIP CARD
1. The Company will issue a membership card on behalf of the Member as soon as the membership fee has been duly settled.
2. Membership card is personal, non-transferable and may only be used by the Member it has been issued to.
3. If any abuse of the member card is discovered, the Health Club & Spa personnel shall be entitled to withhold the card.
4. Members are obliged to show their own membership cards at the reception desk upon entering the Health Club & Spa . If asked by the Responsible Person to do so, the Member is also obliged to prove his/her identity by means of a valid government-issued proof of ID bearing a photograph of the respective Member (ID card, travel passport, gun license, driver's license, etc.). If the Member refuses to do so, or if the Responsible Person does not consider the way in which the member's identity has been proved sufficient, he/she is authorized to deny the member's access to the use of Health Club & Spa services or, alternatively, to put a stop on the membership card.
5. Member's rights may not be asserted unless a valid membership card has been produced. If the Member fails to produce such a membership card, he/she has no entitlement to enjoy the membership rights.
6. Members are obliged to protect the cards from damage, destruction, abstraction or abuse by third party.
7. If another member's card is found, the finder shall be obliged to hand the card over to the Health Club & Spa reception desk.
8. In case a long-term membership card gets damaged, destroyed, lost or stolen, the Member shall be obliged to inform the Health Club & Spa reception without delay, where a duplicate card will be issued.
9. In case a prepaid entry membership card gets damaged, destroyed, lost or stolen, the prepaid but unused entries will not be compensated for.

FINAL PROVISIONS
1. Member is obliged to inform the Company without undue delay of any changes concerning his/her contact address and telephone number which he/she provided when the contract was first concluded.
2. By attaching his/her signature to the contract, the Member agrees that the Company may, for its internal use, process the Member's personal data (first name and surname, personal identification number or date of birth, contact address disclosed by the Member, telephone contact or other data provided by the Member), namely for the purpose of maintaining the Health Club & Spa membership base tracking system.
a. Pursuant to the Personal data protection Act, the Company shall be the administrator of the collected data.
b. This approval is being bestowed for the period covering the whole duration of the particular Health Club & Spa membership plus an additional period of one year subsequent to the year when the membership has ceased to exist.
c. Should any of the liabilities of the Member towards the Company fail to be honored, the Company shall be entitled to continue with the processing of the Member's personal data until all Member's liabilities toward the Company have been entirely satisfied.
3. The Company has the right to change or amend these Condition at its own discretion (hereinafter referred to as "changes to the Conditions").
4. Any changes to the Conditions, as well as all important information and announcements, will be communicated by displaying them inside the Health Club & Spa areas or, alternatively, through communicating them on the appropriate Internet site. Any such changes affecting the members shall take effect as of the first day of a month subsequent to their publication.
5. The Company reserves the right to alter the Health Club & Spa 's operating hours.
6. In addition, the Company is entitled to temporarily restrict or discontinue the operations of the Health Club & Spa. Such discontinuation of the operations of the Health Club & Spa, if not in excess of 3 days in length, shall not affect the rights or obligations of the members and shall not entitle them to any extension of the validity of their membership cards or to any other form of compensation.
7. Potential ineffectiveness of one single provision of these Conditions shall not affect the validity of the other provisions.
8. These Conditions and the legal relationship existing between the Member and the Company are both governed by the jurisdiction of the Czech Republic.
9. Member undertakes that prior to signing this Contract, he/she has thoroughly acquainted self with the contents of the provisions herein and declares that he/she agrees with them and undertakes to abide by them.