Terms and conditions

Last Updated: 10 March, 2017

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the ‘website’) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).

These pages, the content and infrastructure of these pages, and the online facility / service reservation service provided on these pages and through the website (the ‘service’) are owned, operated and provided by GymScanner (‘GymScanner.com’, ‘us’, ‘we’ or ‘our’) and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below. Gyms, fitness centers and personal trainers will be referred to as ‘Facility / Facilities’

1. Scope of our Service
Through the website we (GymScanner and its affiliate (distribution) partners) provide an online platform through which all types of fitness centers and fitness individuals (for example, gyms, personal trainers) can advertise their services and facilities, and through which visitors to the website can make such reservations. By making a reservation through Gymscanner, you enter into a direct (legally binding) contractual relationship with the facility / service provider which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the facility / service, transmitting the details of your reservation to the relevant facility / service provider and sending you a confirmation email for and on behalf of the facility / service provider.

When rendering our services, the information that we disclose is based on the information provided to us by the facility / service providers. As such, the facilities are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each facility / service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any facility / service made available.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.

2. Prices
The prices on our site are highly competitive. All prices on the GymScanner website are displayed including VAT and all other taxes (subject to change of such taxes), unless stated differently on our website or the confirmation email.

Sometimes cheaper rates are available on our website for a specific use at an facility / service premises, however, these rates made by facilities may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the rate details thoroughly for any such conditions prior to making your reservation.

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary. Obvious errors and mistakes (including misprints) are not binding. All special offers and promotions are marked as such.

3. Privacy and cookies
GymScanner respects your privacy. Please have a look at our privacy and cookies policy for further information.

4. Free of charge
Our service is free of charge. Unlike many other parties, we will not charge you for our service.

5. Credit card or bank transfer
If applicable and available, certain facilities offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the facility / service) to the facility / service provider during the reservation process by means of secure online payment (all to the extent offered and supported by your bank). Payment is safely processed from your credit/debit card or bank account to the bank account of the facility / service provider through a third party payment processor.

For certain (non-refundable) rates or special offers, please note that facility / service providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the reservation. Please check the details thoroughly for any such conditions prior to making your reservation.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email ([email protected]). Please state ‘credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible. This indemnification only applies to credit card reservations made using GymScanner’s secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

6. Cancellation
By making a reservation with an facility, you accept and agree to the relevant cancellation and no-show policy of that facility, and to any additional (delivery) terms and conditions of the facility / service provider that may apply to your reservation or during your subscription, including for services rendered and/or products offered by the facility / service provider (the delivery terms and conditions of an facility can be obtained with the relevant facility). Please note that certain rates or special offers are not eligible for cancellation or change. Please check the details thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the facility / service and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the facility / service agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and contact Gymscanner accordingly. Please note that you may be charged for your cancellation in accordance with the facility / service provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount.

7. Further correspondence
By completing a reservation, you agree to receive (i) an email which we may send you shortly prior to your start date, giving you information on your selected facility and providing you with certain information and offers (including third party offers) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your start of use at the facility inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.

8. Ranking and customer reviews
Gymscanner.com does not, currently, rank facilities in any fashion and the listing of gyms, fitness centers, personal trainers in any order is not to be understood as a ranking system of any sort.

The completed guest review may be (a) uploaded onto the relevant facility / service property’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the facility / service provider, and (b) (wholly or partly) used and placed by GymScanner at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by GymScanner and our business partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion.

All customer / user reviews are the opinions and views of the customers themselves and Gymscanner does not endorse / share / support any customer review whatsoever. No facility can demand / expect / claim any measure of compensation from Gymscanner due to a negative review posted on Gysmcanner. By registering on Gymscanner.com, you agree to hold Gymscanner harmless and free of all and any liability whatsoever of user / customer review and any negative impact this may have on your business.

9. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, physical injury, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the facility / service as made available on our website, (iii) the services rendered or the products offered by the facility / service provider, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, distort or strict liability by or (wholly or partly) attributable to the facility / service (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

10. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by GymScanner, its suppliers or providers.

GymScanner exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

All logos, imagery and information provided by suppliers (gyms, fitness centers and personal trainers) are properties of their respective owners. Any conflict pertaining to ownership / copyright violation with regards to such imagery must be raised with the concerned supplier and not with Gymscanner.

11. Miscellaneous
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with United States law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the United States.

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.