General Contract Terms - Orange Torino S.r.l.
Company: Orange Torino S.r.l., with headquarters in Turin (TO), Piazza Nizza 44, VAT no. 10849120018 (hereinafter, the “Company”).
“User” refers to the individual who signs the Membership Contract, or any person legally authorised to perform acts and conduct transactions on their behalf (hereinafter, the “User”).
These General Conditions are an integral part of the contract (the "Contract") between the Company and the User. The Membership Contract is deemed concluded upon signature, and the User acknowledges having fully understood and accepted its contents.
All rules governing the relationship between the Company and the User, as set forth in these General Conditions, the Membership Contract, and the Club’s Internal Regulations (as applicable from time to time and displayed within the Club and on the Company’s website), constitute an integral and essential part of the Contract.
No person under the age of fourteen may enter into a contract or attend the Club. Persons aged fourteen to seventeen, and any other legally incapacitated individuals, may enter into the Contract solely through a parent or legal guardian, who will be responsible for their conduct and safety during Club activities.
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The User may subscribe to a membership with the Company, with a duration set forth in the Membership Contract. The membership fee shall be paid according to the following terms:
• in monthly instalments by debiting a current account or credit/debit card (the “Monthly Debit Agreement”); and/or
• with advance payment upon signing the Contract (the "Prepaid Contract").
If the User does not terminate the Contract pursuant to Article 17 upon the expiry of the Contract Period, it shall automatically renew for an indefinite term (the “Indefinite Contract Period”) at the rates and conditions in effect at that time.
The Contract shall enter into force on the Effective Date specified in the Membership Contract. Should the User fail to express their decision not to adhere to the Contract within fourteen (14) days from signing the Membership Contract, and to provide written justification via registered letter or certified email, the Contract shall be considered validly executed as of the date of signature.
The User may revoke their Membership Contract at any time within fourteen (14) days from the date of signing, by sending a registered letter or a certified email. In the event of cancellation by the User, any sums already paid
as the Activation Fee and Pro-Rata shall not be refunded.
Should the Effective Date not coincide with the first day of a calendar month, the Contract will begin on the first day of the subsequent month. In this case, the Company may charge a proportional fee for the period between the Effective Date and the first day of the subsequent month (“Pro-Rata”),
without prejudice to any applicable promotions.
1.bis Fee payment
The User expressly agrees to the payment method specified in this Article. Payment transactions may be processed by a payment service provider within the Single Euro Payments Area (SEPA), in full compliance with current regulatory requirements.
The Monthly Charge will be processed at the beginning of each month by direct debit or by a debit to the credit/debit card provided by the User, who acknowledges prior notification of this payment method. The debit shall be applied to the bank account indicated in the Contract, which specifies the initial debit date and the amount of the monthly payments.
The fee for the first month, or the Pro-Rata if applicable, must be paid
upon signing the Contract.
It is understood that the relationship with the bank is governed by the contract entered into by the User with the bank itself. If a SEPA direct debit is made in error, the User may seek reimbursement from their bank under the applicable banking terms.
1 ter Insolvency/Default
The Company reserves the right to charge the User a fixed fee of €7.00 (seven/00) for each month of unpaid or partially paid fees, as partial reimbursement of administrative costs incurred. This is without prejudice to any additional amounts that may be charged if debt recovery is assigned to third parties.
If the User pays by direct debit from a bank account or by credit/debit card charged within the first 10 days of each month and defaults on two consecutive instalments, due to reasons attributable to the User and in any case not attributable to the Company, the Company shall be entitled to terminate the Contract pursuant to Article 1456 of the Italian Civil Code, following written notice of default.
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To obtain User status and access the services included in the membership, the Company may require payment of an Activation Fee, the amount of which is specified in the Membership Contract. The Activation Fee remains effective for the full term during which the User maintains a valid membership status.
In the case of withdrawal, membership cancellation, or termination of the Contract in any of the situations provided for herein, the User shall lose their membership status. In such cases, the Activation Fee must be paid again in order to enter into a new Contract with the Company.
2.bis Multiclub
For the full duration of the membership, the User is granted the right to access and utilise the services offered by all Clubs classified within the same rate level as their membership, in addition to those classified in lower rate levels. The exercise of this right is conditional upon the User maintaining a regular administrative status, with no defaults or overdue payments.
The User may request an upgrade to a higher membership level, subject to payment of the corresponding fee adjustment based on the price list in effect at the time of the request.
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Memberships are personal and not transferable. The User confirms that they have examined and discussed with the Club’s staff the present General Conditions and the Club’s Internal Regulations (posted in the Club and published on the Company’s website), and expressly approves and undertakes to comply with all provisions, which are hereby deemed fully incorporated into the Contract.
The Company, at its discretion, may vary the Club's Internal Rules. Amendments shall be communicated to Members by means of posting on the Club’s premises and shall become effective after 30 (thirty) days from the date of such posting.
3.bis Email Contact/Data Updates
Upon signing the Contract, the User must provide a valid and active telephone number and email address for the delivery of all Company communications. The User expressly accepts that all communications with legal effects (such as payment reminders or amendments to these General Conditions) may be sent by postal mail to the most recently provided address or email address.
The User is obliged to immediately notify the Company of any changes to the personal details relevant to the performance of the Contract (such as name, surname, domicile or residence, telephone number, and email address). In the event of any change to payment details, the User must promptly update such information through their reserved area or by notifying the relevant Club. Any costs resulting from the delayed communication of such changes shall be borne by the User.
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The User is entitled to suspend the Monthly Charge Contract through the Company’s website or mobile application, by accessing the appropriate section, provided the request is submitted at least one (1) day before the Contract Period expires. Requests cannot be submitted on the last day of the membership term.
The suspension shall have a fixed term of thirty (30) days, during which the Contract Period shall be extended accordingly. The request must be made exclusively via the app/personal area. During the suspension period, the User may not request the cancellation of the Monthly Charge Contract.
Under the Prepaid Contract, the User may request suspension upon payment of the fee specified at the time of the request, which is available in the reserved area. The User under a Prepaid Contract is not entitled to any full or partial refund of the amounts paid, nor to the reinstatement or transfer of any unused activities.
Exception – Pregnancy: Upon submission of appropriate documentation, a suspension may be granted for a maximum period of one year, during which the Contract shall be extended for an equivalent duration. During the suspension period, the User is exempt from payment obligations and shall have no entitlement to access or use the services.
Trial Membership: The Company permits the activation of a trial membership during which the User may access all services offered by the selected Club without incurring any membership fees, with the sole exception of the cost of Euro 5.00 (five/00) for the Device. The Membership Form will indicate the duration of the Trial Period. If the User provides notice of termination no later than the day preceding the expiration of the Trial Period, pursuant to Art. 17, no Contract shall be deemed to have been concluded. In the absence of such notice, a Monthly Charge Contract shall automatically be established.
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Upon registration and payment of Euro 5.00 (five/00), the User shall be issued a strictly personal, non-transferable device (the “Device”) granting access to the selected Club(s).
Unauthorised use by third parties (except where expressly permitted under specific formulas or promotions) shall result in the immediate confiscation of the Device by staff and the legal termination of the Contract due to the User’s breach. The User shall be required to pay a penalty equal to one month of the Contract value, without prejudice to the Company’s right to claim additional damages.
The Device is controlled by the electronic pass at each entrance. In the event of loss or damage, the User shall promptly report the incident and, in the case of loss, shall pay a fee of Euro 10.00 (ten/00) for the issuance of a duplicate and the deactivation of the original Device.
The Device is also provided for the Trial Membership Period. A User who does not possess the Device may request, upon payment of Euro 1.00 (one/00), a temporary device valid for a single entry. The correct use of the Device is governed by the Club's Internal Regulations.
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Exclusively with respect to Monthly Charge Contracts, the Company may introduce new membership plans, revoke or amend existing plans, and modify contractual terms for regulatory compliance, or for technical, operational, organisational, or management-cost related reasons. Any modification shall be communicated at least 30 (thirty) days prior to its effective date, by written notice displayed at the Clubs premises,
within the reserved area, or by email to the address provided by the User.
A User whose membership plan is cancelled or materially altered in a manner that objectively affects the services provided, or whose fees are increased to an excessive extent compared to the original pricing, may choose an alternative membership plan or withdraw from the Contract without penalty. Withdrawal must be communicated by certified email or registered letter to the Club’s address(es) within 30 (thirty) days from receipt of the notice, and shall take effect at the end of the month in which the withdrawal is communicated.
The Company may increase the amount provided for in the Membership Form if the VAT rate is increased by law; the increase will correspond to that of the law and will be communicated in writing. The increase shall take effect on the first day of the month following the date on which the notice is sent. In the event of a reduction in the VAT rate, the Company may correspondingly reduce the amount provided for in the Membership Form.
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Without prejudice to the provisions of Articles 4, 5, and 8, and in the event of any breach of Articles 13, 14, 15, 16, or the Internal Regulations, the Company may terminate the Contract pursuant to Article 1456 of the Italian Civil Code, following written notice of default. In such event, the User shall not be entitled to any reimbursement of fees already paid, without prejudice to the Company’s right to seek compensation for any additional damages. In the event of termination attributable to the User, the Company reserves the right to refuse future requests to join Clubs managed by the same.
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To access and attend the Clubs, the User must deliver to Reception, within 7 (seven) days from the execution of the Contract, a medical certificate or equivalent documentation recognised as valid by the Company (the “Health Certificate”), certifying the User’s good health. The Health Certificate must be renewed every 12 (twelve) months, or within any different term required by law, calculated from the date of issuance.
The User declares, under their sole responsibility, that they are physically fit to engage in gym-related sports activities and that they have not participated in events or experienced conditions that could compromise their fitness or endanger their health and safety while performing activities within the Club. Consequently, the Company shall bear no liability for any adverse physical and/or economic consequences suffered by the User.
In the event of any condition of unsuitability, the User shall immediately suspend all activities within the Club and refrain from using any facilities during periods in which they experience disorders or conditions that may pose risks to themselves or to others. Any concealment of previous or existing pathologies or medical conditions shall entitle the Company to terminate the Contract and to seek compensation for all resulting damages.
The User acknowledges that the use, even on an occasional basis, of non-sports facilities (including, by way of example, steam baths, saunas, sunbeds, and sun showers, where available) may involve risks for individuals with untreated or inadequately treated medical conditions. The User declares that they do not suffer from such conditions or, if otherwise affected, shall refrain from using such facilities.
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The Club may modify internal structures and divisions, replace equipment and machinery, in the interest of the members. It may temporarily limit the use of parts of the Club for maintenance and improvements. Activities cease half an hour before closing time. The Management reserves the right to temporarily modify opening hours, class schedules, and instructor assignments (due to cleaning, maintenance, special events, holidays, or the summer period), without creating any obligation to provide compensation. Reasonable notice will be given where possible.
The Management may host private events in the Club spaces, communicating any changes in advance. Guest access is permitted upon presentation by the User and is conditional upon the guest’s acceptance of the terms of the Contract.
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Except in cases of wilful misconduct or gross negligence by the Company, the User (or their representative) shall be solely liable for any damage caused to other Members, facilities, or equipment, and shall be liable for all associated compensation.
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The Company shall not be liable for any injuries sustained by the User during their presence on the Club premises. The Company is covered by liability insurance, which does not include injuries sustained by the User, but provides coverage for damages to persons or property resulting from the Company’s actions or from proven negligence of its staff. Accident coverage shall be the responsibility of the User’s personal insurance policies, if any.
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Lockers must be vacated upon leaving the Club. Management reserves the right to clear any lockers that have not been vacated, including those secured with padlocks, prior to closing time.
Except in cases of wilful misconduct or gross negligence, the Company shall not be liable for any loss or theft of personal belongings (including clothing, equipment, or valuables) within the Club. Safe deposit boxes are available for use for valuables, where provided. In the event of theft of valuables stored in the safes, the Company shall be liable, by analogy, within the limits of Article 1783 of the Civil Code, with reference to the value of a single day’s entry.
Lost and found items will be held at Reception for 15 (fifteen) days; thereafter, Management shall have the authority to dispose of them at its discretion.
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The following are strictly prohibited in the Club:
• wearing athletic footwear that have also been used outdoors;
• pets;
• smoking;
• eating (except in the Bar area).
Appropriate attire must be worn, respecting the modesty and sensitivities of others, including minors and elderly individuals. The following behaviour is prohibited:
a) the introduction, consumption, offering, transfer to third parties, and/or purchase within the Club of weapons, alcoholic beverages, narcotic substances, or doping substances (e.g., anabolic steroids);
b) any behaviour that may compromise the physical or mental safety of Members or staff, including conduct with potential criminal implications (such as theft, indecent acts, property damage, defamation, assault, harassment, stalking, bodily injury, or fighting);
c) any acts of defamation or conduct otherwise detrimental to the Company.
The User agrees to strictly comply with all rules of conduct set forth in the Internal Regulations. The Company may terminate the Contract pursuant to Article 6 in the event of a breach of this Article. In the case of violations of the Internal Regulations, the Company may terminate the Contract if the User fails to rectify the conduct after receiving 2 (two) written warnings.
risolvere il contratto in caso di mancato adeguamento a seguito di 2 (due) contestazioni scritte.
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Staff members are authorised to issue instructions and enforce conduct requirements necessary to ensure the orderly conduct of activities, maintain order and safety, and ensure compliance with the Internal Regulations. The User is required to comply with these instructions.
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Members are strictly prohibited from providing assistance and/or instructional activities to other Members (commonly referred to as personal training), whether such activities are professional/paid or amateur/unpaid. Personal training activities are exclusively reserved for the instructors and personal trainers employed by the Clubs.
To ensure the proper and efficient use of facilities and equipment, the Clubs’ instructors and personal trainers are authorised to supervise the use of equipment and relaxation/pool areas, particularly in cases where Members use them incorrectly, recklessly, or excessively. In the event of a breach, Article 6 shall apply.
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Admission to the Club is allowed only for the activities provided by the Club. It is strictly prohibited to engage in any other activities, whether intellectual (including propaganda, promotional, or client-recruitment activities) or manual, without the prior authorisation of the Company. In the event of a breach, Article 6 shall apply.
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The User may notify the cancellation of a Monthly Charge Contract through the app, website, registered letter, or certified email, at least 1 (one) day prior to the expiration of the Contract Period. Cancellation is subject to the payment of an administrative fee for processing, the amount of which is indicated in the relevant section of the website. Withdrawal cannot be submitted on the last day of the membership or suspension term.
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The contract is governed by Italian law. For any disputes arising from or relating to the Contract, the courts of the User’s place of residence or domicile shall have exclusive jurisdiction.
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The invalidity or unenforceable nature of any provision of these General Conditions, whether original or subsequent, shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
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The fee specified in the Membership Form covers access to the services available within the Club and does not include the purchase of products or the use of additional services (e.g., parking, personal training, health certificate), which may be offered during the term of the Membership. Payment for such products and services shall be made separately.
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Pursuant to EU Regulation 679/2016 and of Legislative Decree 196/2003 and subsequent amendments and integrations (Privacy Code), the Company, as Data Controller, informs the User that any personal data provided during the establishment and/or execution of the Contract, or otherwise obtained in the course of the Company’s activities, will be processed for the following purposes:
(a) Management and performance of the contractual relationship (including access to the Club and fulfilment of administrative, accounting, and tax obligations) – Legal basis: execution and proper management of the Contract;
(b) Promotional and informational purposes regarding the products and services of the Company, its business partners, or affiliated group companies (direct and indirect marketing),
via automated channels (e-mail, SMS) and traditional channels
(telephone calls with an operator) – Legal basis: Users consent, freely revocable. Failure to provide consent shall not affect the execution of the Contract;
(c) Sending promotional communications via e-mail regarding products or
services of the Company that are similar to those already provided to the User within the existing contractual relationship – Legal basis: legitimate interest of the Company; each communication will include the option for the User to unsubscribe.
(d) Subject to the User’s consent, the transfer of data to the Company’s business partners, including affiliated group companies, for promotional and informational purposes – Legal basis: User’s consent, which may be revoked at any time;
(e) Management of litigation (including breaches, disputes, controversies, and settlements) – Legal basis: legitimate interest of the Company and/or third parties;
(f) Security and fraud prevention: safeguarding the premises against unauthorised access and preventing fraudulent use of services; access control through photo identification presented at entry – Legal basis: legitimate interest of the Company and third parties (other Users);
(g) Compliance with legal obligations (national and EU legislation, as well as directives from legitimate authorities) – Legal basis: fulfilment of legal obligations.
For these purposes, personal data (such as personal details, contact information, and bank details) and, where necessary, special categories of data (such as health information) that may be inferred from the medical certificate required for recreational sports activities will be processed.
For the purposes outlined in (a), (e), (f), and (g), the provision of data is mandatory, and failure to provide such data will render the execution of the Contract impossible. Objection to the purposes described in (c) or refusal to provide consent for the purposes outlined in (b) and (d) shall not prevent the execution of the Contract.
The data will not be disclosed and may be communicated to:
(i) Other group companies, where necessary, for administrative and accounting purposes;
(ii) Professionals and service providers (e.g., accountants, administrative personnel, legal advisers, etc.); (iii) Banking institutions and insurance companies; (iv) Subject to prior consent, the Company’s business partners (including group companies) for the purposes described in (d);
(v) Entities to whom access to data is required by law or authorities. The recipients will use the data as independent data controllers or Data Processors. The data may be known by the Company's authorised personnel.
The data will be processed for the entire duration of the contractual relationship. Thereafter, they will be retained in accordance with the ordinary limitation periods established by the Italian Civil Code or specific legal provisions, for administrative purposes and/or legal protection, and will be deleted once the purposes for which they were collected have been fulfilled. Data processed for promotional or informational purposes will be retained until the User objects to or withdraws their consent.
The User may exercise the rights provided under Articles 15 et seq. of the GDPR (including access, rectification, erasure, restriction, portability, and objection – including partial objection to marketing communications or specific channels) by submitting a request to info@orangepalestre.it. The User has the right to lodge a complaint with the Data Protection Authority (www.garanteprivacy.it).
Final declaration:
The User declares that they have fully understood the entire text of these General Conditions and acknowledge their content, having reviewed and discussed their meaning and implications with the Club’s representative.
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Specific acceptance pursuant to Articles 1341 and 1342 of the Italian Civil Code
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User further declares that they have fully understood and expressly accept the following clauses of these General Conditions: 1 (Validity and Effective Date), 1.bis (Fee Payment), 1.ter (Insolvency/Default), 4 (Suspension), 5 (Access Device), 6 (Variations), 7 (Termination), 8 (User's Physical Fitness and Health Condition), 10 (User Liability), 11 (User Injuries), 12 (Locker use), 13 (Prohibited Activities and Products; Rules of Conduct), 16 (Prohibition of Carrying Out Other Activities), 17 (User Cancellation and Withdrawal), 20 (Costs for Additional Services).
