General Terms and Conditions

of Emanate s.r.o., located at Zadunajská cesta 3434/8, 851 01 Bratislava – district of Petržalka, ICO: 56 459 955, registered in the Commercial Register of the District Court Bratislava III, section: Sro, insert no.: 180975/

1.         GENERAL PROVISIONS

1.1. The purpose of these general terms and conditions is to govern the mutual rights and obligations of the Operator and the Client (as those terms are defined below) in connection with the ordering of Services in the Operator's Booking System and the provision of Services (as that term is defined below) by the Operator.

1.2. Before submitting an Order, the Client has the opportunity to acquaint itself with these GTC, the Price List, the Operating Rules and the information on the processing of personal data, as well as with any other documents of the Operator published on the Operator's website www.emanate.sk. By submitting an Order, the Client confirms that it has acquainted itself with these documents and consents to their application for the purposes of the conclusion and performance of the Contract. This is without prejudice to the Consumer's rights under mandatory provisions of applicable legal regulations.

2.         DEFINITIONS

For the purposes of these GTC, the following terms shall have the meanings set out below:

2.1. “Application” means the Operator's mobile application intended for mobile devices, available for download in the App Store operated by Apple Inc., by means of which the Client may, in the same manner as through the Website, complete Registration, create an Account, access the Booking System and place Orders and Bookings,

2.2. “Price List” means the overview of prices for the Services provided by the Operator, which is available to the Client on the Operator's Website and in the Booking System,

2.3. “Availability” means the Client's ability to place an Order for the Premises for the date, time and duration requested by the Client,

2.4. “Invoice” means an accounting or tax document issued in accordance with the applicable legal regulations,

2.5. “Premises” means the Operator's self-service fitness centre facility at Steinov dvor 7880/3, 811 07 Bratislava, Slovak Republic, or any other facility expressly identified in the Booking System at the time of the Order,

2.6. “Client” means a natural person, a natural person – entrepreneur, or a legal entity that concludes the Contract or uses the Services provided by the Operator; where a given provision governs rights vested exclusively in a natural person not acting within the scope of its business activity, the term Consumer is used,

2.7. “Account” means the Client's user account created in the Booking System on the basis of Registration, by means of which the Client accesses the Booking System, the Website and/or the Application and uses the Services.

2.8. “Order” means a proposal to conclude the Contract, expressing an interest in the binding conclusion of the Contract and the provision of the Services by the Operator, made by entering the Booking Details and confirming their correctness by the Client.

2.9. “Fee” means the Operator's remuneration for the provision of the Services.

2.10. “Payment Details” means the details required for payment of the Fee for the provision of the Services.

2.11. “Login Credentials” means the Client's e-mail address and password, or such other means of authentication as determined by the Operator, which serve to access the Account,

2.12. “Operator” means the business company Emanate s.r.o., with its registered office at Zadunajská cesta 3434/8, 851 01 Bratislava – Petržalka district, Company ID No. (IČO): 56 459 955, registered in the Commercial Register maintained by the Bratislava III City Court, Section: Sro, Insert No.: 180975/B,

2.13. “Operating Rules” means the rules governing the safe use of the Premises and the equipment, conduct within the self-service facility and the procedure to be followed in the event of an emergency; they are available at the Premises and on the Website or in the Application,

2.14. “Opening Hours” means the hours during which the Premises are open to Clients and which are set out in the Operating Rules,

2.15. “Complaints Procedure” means the manner of asserting the Client's claims arising from the Operator's liability for deficiencies in and defects of the Service provided, and of settling complaints,

2.16. “Booking System” means the online system available on the Website or in the Application, in which the Client may ascertain Availability, create an Order, make a Booking and pay the Fee,

2.17. “Booking Details” means the details which the Client is obliged to enter in the Booking System when creating an Order and which are set out in Article 5, clause 5.1 of these GTC,

2.18. “Services” means the services provided by the Operator within the scope of its business activity in the field of sporting activities, whether directly at the Operator's Premises or through the Operator's Website,

2.19. “Consumer” means a natural person who, when concluding and performing a consumer contract, is not acting within the scope of its trade or other business activity,

2.20. “GTC” means these general terms and conditions of the Operator, available on the Website and in the Application; they shall also be provided in electronic form at the Client's request,

2.21. “Force Majeure” means circumstances beyond the Operator's control as a result of which the provision of the Operator's Services becomes temporarily impossible for a definite or indefinite period, such as decisions or measures of state administration authorities in connection with the restriction or closure of the Operator's facility, war, natural disasters, acts of God, strikes, traffic accidents, or unforeseeable malfunctions at the Operator's facility,

2.22. “Website” means the Operator's website www.emanate.sk, through which the Operator provides information about the Services and access to the Booking System,

2.23. “Consumer Protection Act” means Act No. 108/2024 Coll. on Consumer Protection and on Amendments to Certain Acts, as amended,

2.24. “Contract” means the contract concluded between the Operator and the Client, the subject matter of which is the Operator's undertaking to provide the Services to the Client and, at the same time, the Client's undertaking to pay the Fee for those Services.

3.         CLIENT REGISTRATION AND CLIENT LOG-IN TO THE BOOKING SYSTEM AND OPERATION OF THE BOOKING SYSTEM

3.1 The Client is obliged to use the Booking System in such a manner as to prevent unauthorised access by third parties to its Account, and to protect its login credentials and password against disclosure. In the event of unauthorised access to its Account or unauthorised use of its login credentials, the Client is obliged to inform the Operator immediately. The Client bears full responsibility for all activities carried out under its login name and password within its Account.

3.2 The Operator undertakes to provide the User with access to the Booking System through the website www.emanate.sk and/or through the Application.

3.3 In order to use the Booking System and the Services, the Client is obliged to complete Registration in accordance with the Operator's instructions given during Registration.

3.4 In the course of Registration, the Operator requests only such data as are necessary for the creation of the Account, the conclusion and performance of the Contract, secure entry to the self-service Premises and compliance with statutory obligations, in particular first name, surname, telephone number, e-mail address and password.

3.5 Where verification of the Client's identity or age is necessary for the protection of persons and property, the Operator shall use a proportionate method of verification, minimising the data processed. The Operator shall not retain a copy or photograph of an identity card or travel document unless it has a specific legal basis for doing so; the manner, purpose and period of retention of the data obtained from such verification shall be set out in the information on the processing of personal data.

3.6 The Client is obliged to provide true and up-to-date information. The Account is personal and non-transferable. The Operator may verify the Registration to a reasonable extent and, upon its successful completion, shall make the Account available to the Client. Once the registration has been verified, the Client's Account is created, and the Client thereafter logs in to the Booking System using the Access Credentials created upon registration.

3.7 Only a person who has reached the age of 18 may register and use the Premises independently. Minors may enter only under the conditions expressly laid down in the Operating Rules and accompanied by a person who is legally responsible for them.

3.8 The Operator may temporarily restrict or cancel the Account in the event of a serious or repeated breach of the Contract, of the safety rules or of legal regulations. Save where there is an urgent safety risk or a suspicion of misuse, the Operator shall give the Client prior notice and a reasonable period in which to remedy the breach. The Operator shall inform the Client of the measure, its reason and its consequences for the Client's Bookings already paid for.

4.         ORDER AND BOOKING OF SERVICES IN THE BOOKING SYSTEM

4.1 In the Booking System, the Client selects the Premises, the date and start time, the duration of the Booking and, where applicable, the number of persons. Before the Order is submitted, the Client is shown the main characteristics of the Service, the total price including taxes and charges, the cancellation terms and any other information required by legal regulations.

4.2 The Operator may change or cancel an available time slot or a confirmed Booking only for operational, safety or technical reasons, for maintenance, on the grounds of Force Majeure or by reason of another objective circumstance. The Operator shall inform the Client of the cancellation of a confirmed Booking without undue delay and shall, at the Client's option, offer a reasonable alternative time slot or refund the Fee paid.

4.3 A Service may be booked through the Booking System on the Website or in the Application, subject to current Availability.

4.4 The Client may bring no more than three additional persons to the Premises, and only where the selected type of Service and the Price List so permit. The Client is obliged to acquaint accompanying persons with the Operating Rules and the safety rules. Each person is responsible for its own conduct; the Client is liable for an accompanied person to the extent provided by legal regulations.

4.5 Before submitting the Order, the Client may check and correct the details entered. The Client submits the Order by means of a button or a similar function unambiguously labelled so as to indicate that its use gives rise to an obligation to pay the price. The Contract is concluded upon delivery of the confirmation of the Order to the Client's e-mail address; the confirmation contains or makes available the GTC and the details of the Booking on a durable medium. The entry QR code is made available upon successful payment of the Fee.

4.6 The Client may store and reproduce the electronic confirmation of the Contract and the GTC. The Operator retains data concerning the Contract for the period necessary for its performance and for compliance with statutory obligations; the accessibility of the text of the Contract in the Account is governed by the functionality of the Booking System.

5.         PAYMENT FOR THE PROVISION OF SERVICES

5.1 The Client makes payment in the Booking System directly by payment card through a payment gateway.

5.2 The available payment methods and the payment service provider are displayed to the Client in the Booking System before the Order is submitted.

5.3 The Client is obliged to provide the correct details required to effect payment. The Client's liability for incorrectly entered details shall be assessed in accordance with generally binding legal regulations.

5.4 The payment is processed by the payment service provider as a third party under its own contractual and security terms. The Operator does not process full payment card details unless the Booking System expressly states otherwise.

5.5 No additional charges are levied by the Operator on the Client for making an online payment.

5.6 Upon successful completion of the payment, a confirmation of payment will be sent to the Client at the e-mail address provided upon registration, together with an electronic invoice issued by the Operator.

5.7 The Operator is not liable for technical problems on the part of the payment gateway provider, nor for failures of payment operations caused by the Client's incorrect use of a payment card.

5.8 The Client is entitled to cancel an Order and to request a refund of the payment in accordance with the cancellation terms set out in these GTC.

5.9 If the Client withdraws from the Contract or cancels a booking in accordance with the applicable rules, the Operator shall arrange for the payment to be refunded to the account from which the payment was made within 15 days of receipt of the request for cancellation of the booking.

6.         ENTRY TO THE PREMISES AND PROVISION OF SERVICES

6.1 Upon successful payment, the Operator shall make available to the Client a unique QR code or other entry credential. The entry credential is personal, is valid only for the confirmed Booking, and the Client may not transfer it to any person who is not entitled to enter under that Booking.

6.2 Upon entry, the Client shall use the QR code reader or other designated access system and is obliged to prevent the entry of any unauthorised person. Any malfunction of the entry system shall be reported to the contact number provided or to support@emanate.sk.

6.3 The Premises are self-service and no personnel need be present during the Booking. The Client is obliged to comply with these General Terms and Conditions, the Operating Rules, the instructions posted at the equipment, the rules on health protection, fire protection and evacuation, and all other applicable legal regulations, and to act so as not to damage property or to endanger itself or any other person.

6.4      By accepting these GTC, the Client undertakes to use the Premises solely for purposes that are consistent with the applicable legal regulations, technical standards, safety rules, these GTC and good morals. Throughout the provision of the Services, the Client is obliged to act so as to avoid the destruction of or damage to the Premises, or the excessive soiling of the Premises.

6.4 The Client may use only such equipment whose safe operation it is familiar with and which shows no apparent damage. Equipment with an apparent defect must not be used and the defect must be reported to the Operator without undue delay. Where the Client's state of health requires expert assessment, the Client shall consult a physician before exercising.

6.4a In the event of injury, fire, danger to life or any other imminent danger, the Client shall immediately call the emergency line 112, 150 or 155, shall use the emergency features in the Premises as the circumstances require, and shall subsequently inform the Operator at support@emanate.sk or at another contact made available.

6.4b The Client may not admit any additional person beyond the permitted number, allow such person to use its entry credential, or block the entrance or the doors to the Premises. Smoking, consuming alcohol or narcotic substances and exercising under their influence are prohibited in the Premises; further prohibitions may be reasonably laid down by the Operating Rules.

6.5 The Client may enter no earlier than the beginning of the booked time and is obliged to vacate the Premises no later than upon its expiry.

6.6 Where the booked time is exceeded, the Operator may require payment of the price for unauthorised use in accordance with the Price List, or the Operator is entitled to restrict the Client's Account. The Operator is entitled to intervene without prior notice where this is necessary to protect safety, persons or property. The Client shall be informed of the reason for and the duration of any restriction.

6.7 During the night-time quiet period from 22:00 to 06:00, the Client is obliged to limit noise and to refrain from activities that unreasonably disturb other persons or the surrounding area.

6.8 The Client is obliged to ensure that all persons who enter the Premises with it comply with the rules laid down by these GTC, the Operating Rules, the Operator's other instructions, the documents issued or made available by the Operator and the applicable legal regulations.

6.9 If the Client repeatedly breaches the night-time quiet rules, the Operator reserves the right to terminate the Client's booking without any entitlement to a refund of the fee.

7.         WITHDRAWAL FROM A CONTRACT CONCLUDED AT A DISTANCE

7.1 A Contract concluded through the Website or the Application between the Operator and a Consumer is a contract concluded at a distance within the meaning of Section 14 of the Consumer Protection Act.

7.2 Pursuant to the provisions of Section 19(1)(l), the Consumer has no right to withdraw from the Contract. This is without prejudice to the Client's right to cancel a Booking under clause 7.4, or to rights arising from defective performance.

7.3 Where the exception under clause 7.2 does not apply to a particular Contract, the Consumer may withdraw from the Contract without giving a reason within the statutory period. If the provision of the Service is to commence before that period expires, the Operator shall begin performance on the basis of the Consumer's consent or conduct, with the Consumer being obliged to pay the price for the performance actually provided and losing the right of withdrawal once the Service has been provided.

7.4 Irrespective of the statutory right of withdrawal, the Client may cancel a Booking no later than 48 hours before its commencement and is entitled to a refund of the Fee paid. Where a Booking is cancelled less than 48 hours before the commencement of the Booking, the Fee is forfeited as a cancellation fee, unless the Price List or the special terms of the selected Service lay down a rule more favourable to the Client. No cancellation fee shall apply to the extent that it would, in the circumstances, be disproportionate or contrary to the mandatory rights conferred on Consumers by the applicable legal regulations.

8.         COMPLAINTS CONCERNING SERVICES

8.1      Complaints, and the conditions and manner of settling them, are set out in the Operator's Complaints Procedure, which is available on the Operator's website.

9.         LIABILITY FOR DAMAGE

9.1      The Client is liable to the full extent for any damage caused to the Operator's property, including where such damage is caused by negligence, as well as for any damage to the property and/or health of third persons present in the Premises at the time of its Booking, irrespective of whether such third persons are present in the Premises for the purpose of receiving the Services together with the Client, including where such damage is caused by negligence. The Client undertakes to compensate the injured party in full for any damage so caused.

9.2 The Operator is not liable for personal injury or for damage to property caused by any act or omission of the Client, or of a person whom the Client has allowed to enter the Premises, which is contrary to the Contract, these GTC, the Operating Rules, the Operator's instructions or generally binding legal regulations. The Client is obliged to use the Premises and the equipment located in the Premises properly, in accordance with their intended purpose, the operating instructions and the safety instructions. This provision does not exclude the Operator's liability for a breach of its obligations where such liability cannot be excluded or limited under generally binding legal regulations.

9.3 The Operator's liability for items brought into or deposited in the Premises is governed by Section 433 et seq. of the Civil Code. The Client is obliged to use the place designated for depositing items, where available, and not to leave valuables unattended.

9.4 The Operator is not liable for the manner in which the Client uses the Services provided and is under no obligation to provide the Client with instruction or advice.

9.5 The Operator is not liable for any delay in, or inability to effect, the provision of a Service caused by Force Majeure, to the extent that it could not reasonably have averted the consequences thereof. If a Service is not provided by reason of Force Majeure, the Client is entitled to an alternative time slot or to a refund of the price for the part of the Service not provided, unless the legal regulations or the nature of the Force Majeure preclude such a claim. The Operator is not liable for the temporary unavailability or malfunctioning of the Website.

9.6 Upon arrival at the premises, the Client is obliged to inspect their condition thoroughly and to identify any damage.

9.7 If the Client identifies any damage to property in the Premises, the Client is obliged to:

a) take a photograph of the damage as evidence;

b) inform the Operator of the damage identified without undue delay by e-mail to support@emanate.sk.

9.8 The Operator undertakes to respond to a notification of damage within a reasonable time and to assess the situation.

9.9 On the basis of the Client's notification, the Operator shall arrange the measures necessary to remedy the damage or otherwise rectify the situation.

9.10 Where the Client has failed to report identified damage in accordance with these terms and conditions, the Client may be held liable for the costs associated with the repair or replacement of the damaged property.

10. PROTECTION OF PERSONAL DATA

10.1 The Operator processes Clients' personal data in accordance with Regulation (EU) 2016/679 (GDPR), Act No. 18/2018 Coll. and the principles of lawfulness, transparency, data minimisation, purpose limitation and storage limitation.

10.2 Detailed information on the purposes, legal bases, recipients, retention periods, any monitoring of the Premises and the rights of data subjects is set out in the separate information on the processing of personal data available on the Website.

11. CANCELLATION OF THE ACCOUNT AND ERASURE OF PERSONAL DATA

11.1 The Client is entitled to cancel its Account permanently at any time, directly by means of the account deletion function available in the Application. A Client who created an Account solely through the Website without using the Application may request cancellation of the Account by sending a request to the e-mail address support@emanate.sk. Before the cancellation of the Account is confirmed, the Client will be invited to confirm its decision; following confirmation, the Operator shall complete the account cancellation process without undue delay.

11.2 Cancellation of the Account extinguishes the ability to use the functions tied to the Account. Personal data are not erased automatically in their entirety; the Operator shall erase or anonymise them once the relevant purpose has ceased to apply and the statutory or legitimate retention period under clause 11.8 and the information on the processing of personal data has elapsed.

11.3 Cancellation of the Account does not affect the rights and obligations of the contracting parties which arose before the cancellation of the Account, in particular the Client's obligation to settle its due liabilities towards the Operator, including the Fee for Services already used, the Operator's claims arising from the Client's breach of these GTC, or any other rights and obligations which, by their nature or under the legal regulations, survive the cancellation of the Account.

11.4 Where the Client has acquired credits or a similar balance by paying a Fee, such credits constitute value intended to be applied towards Services through the Account; the cancellation of the Account alone does not extinguish any proprietary claims of the Client relating to such paid credits, where those claims arise under generally binding legal regulations, and the conditions for their use, validity and any refund are governed by these GTC.

11.5 Bonus, registration or other credits provided free of charge, promotional benefits, rewards and loyalty benefits expire upon the cancellation of the Account, without compensation, without any entitlement to their exchange for a monetary payment and without any entitlement to their reinstatement upon the creation of a new Account.

11.6 Where the Client uses a membership, a subscription or other time-limited access to the Services, the cancellation of the Account terminates the ability to use them through that Account; the Client's rights to Services already paid for and any refund shall be assessed under these GTC and the special terms of the particular Service.

11.7 If, as at the date of cancellation of the Account, the Client has a future or otherwise outstanding Booking, such Booking is cancelled upon the cancellation of the Account. The rights and obligations concerning cancellation, refunds or the use of credits are governed by Articles 5 and 7 of these GTC and by the cancellation and refund rules in force at the time the Booking was made.

11.8 Even after the cancellation of the Account, the Operator is entitled to retain such personal data and documents of the Client as are required or permitted to be retained by specific legal regulations or by the Operator's legitimate interests, in particular: a) for the fulfilment of tax and accounting obligations, including the retention of Invoices for 10 years following the year to which they relate, in accordance with Act No. 431/2002 Coll. on Accounting and Act No. 222/2004 Coll. on Value Added Tax; b) for the settlement of the Client's complaints or grievances under the Complaints Procedure and the Consumer Protection Act; c) for demonstrating compliance with contractual or statutory obligations; d) for the establishment, exercise or defence of the Operator's legal claims, for the duration of the limitation period applicable to such claim under the generally binding legal regulations. Upon expiry of the relevant retention period, the Operator shall securely erase or anonymise such data.

11.9 Following the cancellation of the Account, it may not be possible to restore its technical content. If the Client completes a new Registration, the transfer of history, credits, membership or other benefits is governed by the rules applicable to the relevant Service and by the legal regulations; this is without prejudice to the Client's proprietary or consumer claims.

11.10 Details concerning the processing of Clients' personal data, in particular the purposes and legal bases of processing, the categories of data processed, the retention periods and the rights of data subjects, are set out in Article 10 of these GTC and in the Operator's personal data protection terms available on the Website and in the Application.

11.11 Where the Operator enables payment for Services, membership or a subscription through the In-App Purchases system of Apple Inc. or through another comparable third-party platform, neither the cancellation of the Account nor the deletion of the Application in itself results in the cancellation of such subscription or in the discontinuation of its automatic renewal. The Client acknowledges that a subscription concluded through the App Store platform must be cancelled in the manner determined by Apple Inc., in particular through the settings of the Client's Apple ID. The Operator is not authorised to modify, terminate or otherwise administer a subscription concluded through the In-App Purchases system. This provision applies only where the Operator enables the purchase of Services or of a subscription through the App Store platform or another comparable third-party platform.

12. FINAL PROVISIONS

12.1 Contact details of the Operator: Emanate s.r.o., Zadunajská cesta 3434/8, 851 01 Bratislava – Petržalka district, e-mail: support@emanate.sk, telephone: +421 918 836 898.

12.2 Legal relations not governed by the Contract and these GTC shall be governed by the laws of the Slovak Republic. In relation to a Consumer, this choice of law shall not apply to the extent that it would deprive the Consumer of the protection afforded by the mandatory provisions of the law that would otherwise apply.

12.3 If a Consumer is dissatisfied with the manner in which its complaint has been settled, or considers that the Operator has infringed its rights, the Consumer may request the Operator to remedy the situation. If the Operator responds in the negative or fails to respond within the statutory period, the Consumer may submit a proposal for the commencement of alternative dispute resolution to the competent entity; a list of such entities and further information are available at www.soi.sk.

12.4 The invalidity or unenforceability of any individual provision shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by the legal rule which most closely approximates its purpose and preserves the Consumer's rights.

12.5 The Operator may amend the GTC for an objective reason, in particular by reason of a change in legal regulations, technology or the scope of the Services. The wording in force at the time of the conclusion of the Contract shall apply to a one-off Booking already concluded. In the case of a continuing contractual relationship, the Operator shall notify the amendment on a durable medium with reasonable advance notice and shall state its effective date and the Client's rights.

12.6 These GTC come into force and take effect on August 5th 2026. As of the date on which they take effect, they replace in full the Operator's previous general terms and conditions.

12.7 From the date on which they take effect, these GTC shall also apply to continuing Contracts concluded for an indefinite period before that date, provided that the Contract or the previous general terms and conditions permit their unilateral amendment. The new GTC have no retroactive effect on rights and obligations already established. The Operator shall notify the Client of the new wording of the GTC and of the date on which it takes effect by e-mail at least 30 days in advance, and shall at the same time publish it on the Website. One-off Bookings made before these GTC take effect shall be governed by the general terms and conditions in force at the time the Booking was made. If the Client does not agree with the amendment of the GTC, the Client is entitled to terminate the Contract free of charge with effect no later than the date on which these GTC take effect. The Operator shall inform the Client of this right and of the manner of its exercise in the notice of amendment of the GTC. If the Client does not exercise its right to terminate the Contract within the stated period, the new wording of the GTC shall, as of the date on which it takes effect, become part of the Contract. If neither the Contract nor the general terms and conditions in force at the time of the conclusion of the Contract permit the unilateral amendment of the contractual terms, the new wording of the GTC shall apply to such Contract only on the basis of the Client's express consent. The Client's first use of a Service after the date on which these GTC take effect shall also be deemed to constitute the granting of the Client's express consent to the wording of these GTC.

12.8 The Operator archives previous versions of the general terms and conditions in such a manner that it is possible to determine the version valid and in force at the time a particular Contract was concluded or a Booking was made. The replacement of the previous general terms and conditions is without prejudice to the rights and obligations which arose during their validity and effectiveness, or to those rights of the Client which cannot be excluded or limited by agreement.