General terms and conditions of Padelwerk GmbH and Padelwerk Finance
GmbH (hereinafter jointly: Padelwerk GmbH or “we”)
1. General provisions
These terms and conditions apply to every person who visits our sports facilities. Persons who use our services consent to these general terms and conditions. The provisions apply to all rooms belonging to the sports facility (incl. showers, lounge, etc.).
Our courts offer various sports (padel, pickleball, etc.). Persons wishing to play the respective sports do so at their own risk.
Every player is aware and cognisant of the fact that they can injure themselves or other players during the game. Every player is required to prevent the risk of self-injury and
injury to others as far as possible. In particular, the courts and wet areas must be entered with care and care must be taken to ensure that no accidents
occur.
The courts must only be entered in sports clothing and with clean, non-marking sports shoes.
Smoking is prohibited on all premises. Animals are prohibited from entering.
Insurance against accidents of all kinds is the responsibility of the players.
The courts and lounge area are monitored by automatic video systems.
By entering our sports facilities, players consent to presence of the systems and their activities being automatically recorded.
For ease of reading, gender-neutral language is not used. All formulations apply to all genders / orientations.
2. Bookings, electronically controlled systems
Bookings are made exclusively via Playtomic or another booking platform provided by Padelwerk. All bookings are binding. The terms and conditions and guidelines of Playtomic shall have secondary priority, unless Padelwerk issues other terms and conditions and guidelines. Cancellations at short notice (less than 24 hours
before the start of the event) cannot be accepted and will be charged in full and without refund.
Our halls are fully electronically controlled and supervised. If a player notices any problems or defects on site, our hotline must be informed via WhatsApp at
(079 598 20 20).
If an outdoor court cannot be used due to bad weather, a cancellation of the reservation is only possible if the cancellation is sent to our hotline at least three hours before the start of play. Late cancellations are not accepted.
3. Spash and other apps, data collection, images and videos
Some courts in our halls are equipped with Spash and other electronic
recording devices.
Spash allows the respective players of the court to record their game or individual sequences thereof. By using Spash, the players agree to the current licence conditions and the terms and conditions of Spash (www.spash.com).
The respective players on the court are themselves responsible for the recordings made by Spash, in particular their content and length, and Padelwerk assumes no responsibility for the content, functionality, quality or the existence, nor for the deletability of the recordings. In addition, the players themselves have to agree among themselves whether and if so, which sequences / games they record and put on the internet.
Padelwerk GmbH may link entire games or sequences of games recorded by Spash or use them for its own or third party purposes (including for data collection, etc.). Players and teams who use Spash agree to the aforementioned use of the images, videos, content, etc. by Padelwerk GmbH.
In addition, the player agrees that we may use media files (photos, videos, etc.), which
are recorded by our automatic systems, as well as data that we receive through the reservations, for our own purposes.
In particular, we may use this data for targeted advertising or to show photographs or moving images on our homepage or in our social media.
4. Minors
Our halls and our reservation systems (Playtomic, etc.) are operated automatically / electronically. Accordingly, it cannot be ensured that no underage players book or play on courts. Accordingly, Padelwerk cannot assume any duty of supervision; rather, this duty remains with the parents or, if applicable, with the minor’s adult playing partners. Parents/
guardians are required to ensure that supervision is guaranteed at all times before, during and after play. Padelwerk does not assume any liability.
5 Prices / payment / cancellation
Binding prices can be found in our current price lists. The hire price for booked courts is paid directly by credit card in the online booking system Playtomic (or via another system provided by Padelwerk GmbH).
The provisions of Playtomic apply secondarily.
If a reservation is cancelled at least 24 hours before the starting time, the amount paid will be automatically refunded within 10 days.
Reservations cannot be cancelled due to illness/accident or for other reasons if they are not made via the booking system at least 24 hours before the starting time.
6. Padel and pickleball lessons
Unless otherwise stated, all prices are per court. The price includes court hire and, if offered free of charge, balls and rackets.
The booking of padel or pickleball lessons is the responsibility of the player. A corresponding contractual relationship is established exclusively between the player and the coach / instructor.
7. Member cards, subscriptions, etc.
A member card is non-transferable and cannot be converted or refunded. It is valid for one year, unless otherwise agreed.
All prices are per person and not per court. This means that a player can only claim the discounts/packages for themselves. The playing partner, if they not have a member card, must pay the regular costs that apply to them.
Thus if a member card holder plays with a player who does not have a member card, the latter must pay half of the court fee in the case of two players, a third in the case of three players and a quarter in the case of four players. Any costs are automatically borne by the player making the booking.
The playing times for the various member cards can be found on our homepage and in the agreement on which the member card is based.
In the event of repeated breaches of the rules, the member card may be deactivated
without compensation.
For subscriptions, the rules agreed for the subscription when the contract was concluded apply.
8. Opening and playing times
The facilities are generally open between 6.00 a.m. and 11.00 p.m.; details of the opening hours can be found on Playtomic. The facilities are generally operated automatically. This means that the reserved court is illuminated during the reserved time.
If the booked court is free before or after this time, the playing time cannot be extended if there is a subsequent booking. The court must therefore be vacated punctually, even if there is no subsequent booking. If the playing time is exceeded, the player may be admonished. In the event of a repeat offence, a fine of CHF 100 per player will be imposed. Padelwerk reserves the right to charge players who continue to play on a free court after the reserved time has expired for the remaining playing time without prior notice.
9. Liability
Players train and play at Padelwerk at their own risk. For accidents
during play / training and while on the premises of Padelwerk, any liability is excluded to the extent permitted by law.
Insurance is the responsibility of the players. There is no liability for personal injury and property damage, theft, loss and damage to effects and personal
items of the players.
Should Padelwerk GmbH nevertheless be liable, this liability will be excluded or reduced to the extent permitted by law.
If a player discovers defects in the facility, these must be reported immediately to our hotline via WhatsApp (079 598 20 20). If a player has caused damage,
we must be informed immediately.
10. Violations
Violations of these terms and conditions may result in exclusion from further use of the court without exemption from the obligation to pay, immediate cancellation of the member card or subscription without compensation and a ban from the premises. Padelwerk reserves the right to claim damages.
11. Media
Photo or video recordings of third parties by players / teams are not permitted. The privacy of third parties must be respected. Padelwerk GmbH may request players / teams to delete any such photo and video recordings.
The company name “Padelwerk” may be used to label media files. In justified cases, Padelwerk GmbH may request the removal of the company name and this request must be complied with within 72 hours.
Players may upload recordings of their games to Padelwerk’s social media channels.
Padelwerk may use such media at its own discretion.
12. Other provisions
If a court is not available due to an official order, no compensation will be paid.
The wet areas must only be entered with non-slip flip-flops and with care.
13. Special occasions
Padelwerk GmbH reserves the right to restrict reservations due to special events (events, tournaments, etc.). Courts reserved by players for this time will be refunded.
14. Final provisions
These general terms and conditions may be updated and amended by Padelwerk GmbH at any time.
Should one or more provisions of these general terms and conditions be or become legally invalid, this shall not affect the validity of the remaining provisions. In such a case, the invalid provision shall be interpreted in such a way that that most closely approximates its economic purpose.
Swiss substantive law shall apply exclusively, to the exclusion of LugC and PILA. The exclusive place of jurisdiction is the registered office of Padelwerk GmbH, unless another place of jurisdiction is mandatory.
Münchenstein, 31 January 2025