Terms & Conditions

Terms and Conditions Hilton Health Club Cardiff : Membership Terms and Conditions PLEASE ENSURE YOU READ AND UNDERSTAND THESE TERMS BEFORE YOU ENTER INTO THE MEMBERSHIP AGREEMENT. IF YOU APPLY FOR MEMBERSHIP ONLINE, BY POST OR BY TELEPHONE, YOU HAVE LEGAL RIGHTS AS A CONSUMER TO CANCEL THIS CONTRACT. THIS IS SET OUT INSECTION 2(C). DEFINITIONS AND INTERPRETATION: (A) Application Form - your paper form, electronic form or online form to apply for membership of a Club. (B) Club - A facility which is part of the Hilton Health Clubs. (C) Club Rules - The rules and regulations governing the use of the Club’s facilities and your conduct. (D) Home Club - The Club to which you applied for membership, owned and operated by Us, or the Club to which you subsequently transfer your membership under the terms of the Membership Agreement. (E) Membership Agreement - The agreement between you and Us compromising your Application Form (including any direct debit instruction), these Membership Terms and Conditions, the Health Commitment Statement (HCS), or the physical activity readiness (PAR) questionnaire and the Club Rules, Health Club Under 18 Declaration (if applicable) and notices provided to you including in accordance with these terms. (F) Us, Our or We - the business, whose details are provided on the Application Form, which owns and/or operates the Club to which you applied for membership. 

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1. THE MEMBERSHIP AGREEMENT: (A) The Membership Agreement is between you, the person or persons on the Application Form, and Us. You have indicated your acceptance of the terms of the Membership Agreement by signing the application form, providing your digital signature on the electronic application form or clicking ‘I agree’ in the declaration section of the online application process. Your membership will either be on a fixed term basis (in which case you will have paid for the full annual membership fee in advance) or (ii) on a monthly basis for an initial minimum term of 6 or 12 months as indicated on the Application form or (iii) on a flexible monthly membership with no initial minimum term. (B) The Membership Agreement will become binding both on you and Us when We contact you to confirm your application has been accepted, at which point a contract will come into existence between you and Us. (C) As a consumer, if you applied for membership online, by post or by telephone, you have a legal right to cancel the Membership Agreement within 14 days of Our contacting you to confirm your application has been accepted. If you wish to cancel within this 14 day period, you must inform Us by sending a clear statement concerning your exercise of the right to cancel before the 14 day period has expired. Your cancellation statement can be sent to Us (i) as a letter by hand or post at Our address provided in the Application Form (ii) or as an email to Our email address provided on the Website (iii) or you may use the cancellation form at www.eforeaspahealthclub.com (but it is not obligatory). Your cancellation statement must provide your membership number and contact details so you can be identified. Please see section 11 (Cancellation) for more information and any right you have to a refund. 2. CONTACTING US: (A) We are your Home Club unless you subsequently transfer your membership to another Club under the terms of the Membership Agreement. (B) If you have any questions or if you have any complaints, please contact Us by telephoning or emailing your Home Club using the contact details provided on the Application Form or the Website. (C) Any complaints will be handled by the Manager of the Home Club and they will attempt to provide a resolution. If they are unable to provide a resolution, the matter may be escalated to the Hotel Manager. (D) If any clause in these Membership Terms and Conditions requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail to Our email address provided on the Website or by hand or by post to Our address provided in the Application Form. We will confirm receipt of this notice by contacting you in writing (including by email). If We have Logo Page 1/3 to contact you, including to give you notice in writing, you will be contacted by e-mail, by hand, or by post to the address you provide in the Application Form. 3. YOUR MEMBERSHIP: (A) It is your responsibility to ensure that you do not exercise beyond your capabilities, and to refer to a medical professional if you have any health concerns prior to joining a Club, and at any stage during the term of your membership. You agree to make yourself aware of any relevant rules, warning notices and instructions displayed within any Club you use. You agree to accurately complete any relevant questionnaires which may be issued by a Club in relation to your health. We reserve the right to terminate your membership for safety reasons in the event that a relevant medical professional advises that use of the Home Club is unsuitable for you and/or you have a disability for which reasonable adjustments cannot be made by the Home Club. (B) By entering into the Membership Agreement and every time you enter a Club during your membership, you warrant and represent to Us and the Club you are entering that you are in good physical shape and that you are capable of all forms of exercise and that such exercise will not be detrimental to your health. (C) You will receive a membership card when you join. You must present your membership card to get into any Club. If you forget your card, the Club may need to see proof of identity. If you have lost your card, the Club may charge you a fee for a replacement. (D) Except if your Home Club is an unmanned Club (see section 7(F), your membership allows you to access your Home Club in accordance with the type of membership you have selected and to access other Clubs for up to four times in a calendar month at each Club in accordance with the type of membership you have selected. (E) You may decide to transfer your Home Club to another Club. You must give your Home Club at least one month’s prior written notice of a transfer, and such transfers may only take place at the start of a calendar month. The new Club may also vary your membership fee if you transfer your Home Club so please check this before transferring. (F) We may transfer the benefit of your Membership Agreement or the ownership of Our Club to another person, firm or company at any time. We will notify you if this happens. (G) Upon transfer under section 4(F), your rights and Our obligations under the Membership Agreement will continue to be valid but your right to use other Clubs will then end unless you are otherwise notified. When your right to use other Clubs ends following transfer under section 4(F), you will be entitled to cancel your membership by requesting such cancellation in writing to Us via the manager of your Home Club. You must give Us one full calendar months’ notice. (H) Your membership applies to you; you cannot loan or transfer it to another person. (I) As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Membership Terms and Conditions will affect these legal rights. 4. PAYMENT OF FEES: (A) By signing the application form, providing your digital signature on the electronic application form or clicking ‘I agree’ in the declaration section of the online application process, you agree to pay all membership fees and other fees as provided to you on the Application Form before you entered into the Membership Agreement and you agree to pay those fees on time. (B) For UK members only: If your membership is on a monthly basis and you have agreed to pay your membership fees by monthly direct debit (normally taken at the end of the calendar month), you must pay for each month of membership in advance. You will be charged £15 if your direct debit is rejected. If you have cancelled your direct debit or your direct debit is rejected, We may cancel your membership immediately on written notice to you. If you want to reinstate your membership, you will have to pay the amounts owed plus an administration fee. (C) We reserve the right to change fees from time to time with at least one month’s prior written notice to you. You agree to increases of up to 3% per annum. If the increase notified to you is by more than 3% and you do not wish to accept the increase in membership fees, you may cancel your membership by giving one month’s written notice to Us before the date on which the fee increase takes effect. (D) You will be charged membership fees, any suspension fees and joining fees by Us in respect of use of the Home Club. In addition, any Club you use may also charge you administration fees, guest fees, card replacement and fees for additional services you use including locker rental, towel rental, beauty therapy, tanning, bar or restaurant, crèche and any other services the Club may provide. These fees may vary between Clubs. (E) We may terminate the Membership Agreement immediately on the provision of notice to you if any part of your fees remains unpaid 30 days after its due date for payment. 5. CLUB RULES: (A) Members must obey the Club Rules at all times. We may cancel or suspend your membership if you or any of your guests repeatedly or seriously break the Club Rules. We will contact you in writing to notify you of any such cancellation or suspension, which will commence immediately on the provision of such notice. No refund will be given if your membership is cancelled or suspended under these circumstances. (B) The Club Rules are prominently displayed at the Club. You must familiarise yourself with the relevant Club Rules before you use the Club. (C) If a Club is going to change the Club Rules temporarily, the Club will prominently display any amendments in the reception. A Club will only make changes to its operating hours or any other permanent changes to the Club Rules after giving at least one month’s notice by prominently displaying the changes and notifying you in writing of the changes one month before they are to take effect. If the Home Club’s operating hours are significantly and adversely changed, you can cancel your membership by giving one month’s notice in writing. 6.USE OF THE CLUB: (A) Your property is left in these lockers at your own risk. The Club reserves the right to inspect the contents of all lockers for security reasons at any time. The Club may remove any items you leave in lockers overnight. You can claim the contents the Club has removed from the Club’s reception for up to six weeks after removal. After this time, neither We nor the Club will be responsible for any contents removed from the locker. (B) Subject to availability, you can book for any class you want to attend up to six days before that class. If you repeatedly cancel your advance bookings, the relevant Club may refuse to take further bookings from you. (C) Bags are not permitted onto the gym floor and correct attire must be worn when exercising i.e. suitable comfortable exercise clothing and appropriate footwear. Clothing such as jeans, boots, flip-flops/sandals or work wear is not permitted. In the interest of health and hygiene, you must shower before entering the pool, whirlpool, steam or sauna areas. (D) You and your guests must not: • Abuse property or equipment or facilities of a Club (you will be liable to pay for any negligent or deliberate damage to property); • use, block or interfere with fire, emergency or disabled access doors or alarms (except in a genuine emergency); • behave in a violent or rude way which distresses or annoys anyone else; • use cameras or phones within restricted areas of a Club; • smoke or vape in any part of a Club; • bring alcoholic drinks, drugs or other mood-altering substances into a Club; • use the facilities of a Club while under the influence of alcohol, narcotics or other mood-altering substances; or • drink alcohol in any areas other than those the relevant Club allows. The Club may refuse admission to or ask you or your guest to leave the relevant Club if the Club reasonably believe that you or they have broken any of this section 7(D). No refund will be given if you are asked to leave a Club in such circumstances. We have the right to terminate the Membership Agreement in the event of a material or repeated breach of section 7, and any such termination will be treated as a cancellation by you in accordance with section 11 of these Membership Terms and Conditions. (E) To provide the highest standards of facilities, each Club may need to close certain facilities temporarily for decorating, cleaning, essential repairs or maintenance of equipment and special events, or if there are technical problems. Where this occurs at your Home Club, We will prominently display a notice at the Home Club at least 2 weeks in advance unless the problem is urgent or an emergency. If the Home Club is substantially unusable, We will try to provide facilities at another Club. If suitable facilities cannot be provided at another Club, you will be entitled to apply for an extension to your membership renewals date equivalent to the period for which the Home Club was substantially unusable. We can terminate the Membership Agreement if the technical problem at the Home Club continues for longer than 4 weeks. (F) Unmanned Clubs - Some of the Clubs are unmanned, meaning that there will not be any member of staff in the Club when you are using it. By using an unmanned Club, you acknowledge and agree to the additional risks of doing so. Without prejudice to the other terms of the Membership Agreement, the following terms apply to unmanned Clubs: • You must read all instructions provided in relation to use any piece of equipment before you use it. Each Club offers inductions approximately once per week and you are encouraged to attend an induction prior to using the equipment. The Club will not accept any liability for any claim for loss or personal injury caused as a result of your failure to use the gym equipment otherwise in accordance with the instructions on the equipment or the guidance given in the induction. • Particularly as the Club is an unmanned Club, you are solely responsible for your belongings whilst visiting the Club and you must use the lockers for personal items left unattended. • Members whose Home Club is an unmanned Club will not have reciprocal rights to use other Clubs as set out in section 4(D). 7. GUESTS: (A) You may bring guests to Clubs. The Club will charge you a fee. Each guest must fill in the relevant forms. You must stay with your guests and make sure they keep to the Club Rules. The Club can refuse your guest entry to the Club for reasons of health or safety or if your guest does not keep to the Club Rules. (B) In bringing a guest to the Club, you warrant and represent to Us and the Club that the guest is in a physical condition suitable for the type of exercise or activity in which the guest engages at the Club. (C) The Club may restrict guest admission at certain peak times. Please check before you visit the Club to make sure the Club will accept your guests and the applicable fee. 8.CHILDREN: (A) Children between the age of 16 and 18 can be members of a Club strictly provided (i) a parent or guardian consents signing a Health Club Declaration; and (ii) payment of fees is made by that parent or guardian on behalf of the child. Children between the age of 16 and 18 may use the facility unaccompanied. (B) Children under the age of 16 must have an adult Club member with them, and it is the responsibility of the adult to supervise them at all times. You must make sure that such children only use the facilities which are clearly Page 2/3 marked as being suitable for use by children. (C) The Club may provide crèche facilities for some children aged one to seven. Subject to availability, you may use the crèche for up to three hours per day. Please check with the relevant Club for availability and any crèche rules. You may not leave the Club premises if you have children in the crèche. 9. DATA COLLECTION: (A) In the course of your membership, We and/or the Clubs together with Our/its group companies may collect and use certain personal information about you, including personal details, financial details and information about your health, in accordance Our Privacy Statement (updated April 2018 and posted at http://hiltonhonors3.hilton.com/en/ policy/global-privacy-statement/index.html). This personal information will be used to manage your membership and communicate with you, as well as for other purposes detailed in our Privacy Statement, and this may include sharing your personal information with Our business partners. You will always be given the opportunity to opt out of such communications by notifying your Home Club. In the event that such communication is by email, you will have the option to unsubscribe within each email sent to you. You have the duty to keep your personal information up to date and to inform Us of any significant changes. (B) The collection and use of your personal information will be limited to Our/the Club employees and our business partners on a need to know basis in order to provide services to you. From time to time, We/the Club may need to make your personal information available to other third parties such as legal authorities, Our/its group companies and professional advisors. In addition, your personal information will be entered into Our database controlled by Hilton Worldwide at its headquarters in the U.S. The information will be used by Hilton Worldwide companies, owners and operators of Our franchised and managed hotels, and service providers, and will be accessed globally, including from countries where data protection laws may differ from those of your home country. (C) Please contact Us if you have any questions or concerns about how We will collect and use your personal information or if you wish to exercise your right to access, modify, object to the use of or request the deletion of your personal information. (D) By signing your application form, providing your digital signature on the electronic application form or clicking ‘I agree’ in the declaration section of the online application process, you acknowledge that you have read and understand the provisions of this paragraph 10 and Our Privacy Statement and that you agree that We and/or the Club may collect, use, process and disclose your personal information as described in this paragraph 10 and Our Privacy Statement. 9. CANCELLATION OF MEMBERSHIP: (A) When you entered into the Membership Agreement you agreed to a rolling monthly contract (B) If you want to cancel your membership, you must request such cancellation in writing to Us via the manager of the club. You must give Us one full calendar months’ notice. (C) If you cancel during a suspension period under section 12 (see below), you will be charged the monthly membership fee in line with the minimum notice period of one full calendar month. (D) Despite the above, if you chose to cancel the Membership Agreement within the 14 day cancellation period set out in section 2(C), you will receive a full refund of any membership fees and/or any other fees paid. However, if you have requested or selected to commence your membership within this 14 day period, in the event of the cancellation within the 14 day period, you will be refunded any membership fees paid, less an amount for your actual use of any Club during the 14 day period up to the point of your cancellation. Any refund will be made without undue delay, and not later than 14 days after the day on which We are informed about your decision to cancel this Membership Agreement. The refund will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund. (E) If your membership is cancelled on medical advice or due to a technical problem in accordance with section 7(E),you will be refunded for any advanced payment of membership not used using the same means of payment as you used for the initial transaction. 9. SUSPENSION OF YOUR MEMBERSHIP: (A) You may suspend your membership for at least two but not more than six months on the payment of a suspension charge of a reduced membership fee of £10 per month for a single membership and £15 for a joint membership during the suspension period. All suspensions must start on the first day of a calendar month. You may also suspend your membership if you have a six - or twelve - month initial contract period. When We receive the suspension charge, We will extend your membership by the length of the suspension period. (B) If you want to suspend your membership please liaise with the manager of your Home Club. (C) We cannot suspend your membership retrospectively; you cannot suspend your membership for a period which has passed when you did not visit and use the facilities for any reason. (D) If one person who has joint membership suspends, the other person’s membership will change over to the individual membership fee rate at the then applicable rate. 9. GENERAL: (A) Nothing in the Membership Agreement excludes or limits Our liability for (i) death or personal injury caused by Our negligence; or (ii) for fraud or fraudulent misrepresentation. (B) We are responsible to you for loss or damage you suffer that is a foreseeable result of Our breach of the Membership Agreement or due to Our negligence, but We are not responsible for any loss or damage that is (i) not foreseeable or (ii) attributable to your own fault. Loss or damage is foreseeable if it is an obvious consequence Our breach of the Membership Agreement or if the loss or damage was contemplated by you and Us at the time the Membership Agreement was entered into. (C) Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by Us’. (D) We will not be liable to you for any failure or delay in performing any of Our obligations under this Membership Agreement if the failure or delay was due to any cause or event beyond Our reasonable control. (E) Amendments to the Membership Agreement (including these Membership Terms and Conditions) may be required when you renew your membership with Us or if transfer it to another Club. (F) If two or more people sign the Membership Agreement (as joint members or otherwise), their obligations and liabilities shall be deemed to have been undertaken by both jointly and severally. (G) The Membership Agreement will be governed by the laws of England and Wales. If a dispute arises, you agree to submit to the exclusive jurisdiction of the English Courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.