General terms and conditions Le Club de Sport
BRACH Paris (hereinafter the “Company”) is a société par action simplifiées [simplified joint-stock company] with capital of 15,118,097.20 euros, with registered offices at 1-7, rue Jean Richepin – 75116 Paris, France, registered with the register of trade and companies of PARIS under No. 803 406 685 and with intracommunity VAT No. FR – Tel.: +33 (0)1 44 30 10 00 – website: www.brachparis.com (the “Website”) – email: sport@brachparis.com.
The Company belongs to the EVOK COLLECTION group, which is committed to a corporate social responsibility (CSR) policy via its Charte Ethique – Ambitions pour un meilleur avenir du groupe [ethical charter: working towards a better future for the group], its adherence to the principles of the United Nations Global Compact, and by joining various French and international think tanks and professional bodies committed to human rights, international labour standards, environmental protection, and anti-corruption initiatives.
It operates the BRACH Hotel (hereinafter the “Hotel”), located at the same address and comprising, in addition to rooms designed for overnight stays, restaurants, lounges and a spa, as well as a sports club (Brach – Le Club de Sport) which may serve clients who are not staying at the Hotel.
Recitals – Scope of application.
These general terms and conditions concern the services provided by Brach – Le Club de Sport (hereinafter the “Club”). In addition to the terms of their membership contract, each Club member undertakes to comply with these general terms and conditions (hereinafter the “T&Cs”) and the Règlement Intérieur [internal regulations] appended hereto. Certain provisions of the T&Cs, indicated with the letter (C), may only concern clients acting as consumers within the meaning of the French consumer code, i.e., only natural persons acting for purposes that do not fall within their trade, industrial, craft, independent or agricultural business activity. When the law requires that these provisions extend to non-professionals within the meaning of the French consumer code, i.e., legal entities not acting for professional purposes, this is specified.
People who are not members but benefit from an invitation or trial session or are expressly authorised by the Company to attend the Club pursuant to specific agreements are subject to the same obligations as members.
Hereinafter, “client” means a member or non-member.
Members are given a detailed list of the sports activities that can be practised and their rates when they join the Club. They are, furthermore, available at the Club reception and on the website www.brachparis.com
Section 1 – Joining the Club – Membership
Article 1 – Admission
The Club is a private club which places limits on the number of members to maintain a high-quality service. It is expressly agreed that the Company remains entirely free to set the maximum number of members. A waiting list will be created once the maximum number has been reached.
Any membership application is subject to prior approval of the Company. The Company pays close attention to each application submitted. The joining process will take a minimum of 48 hours once the completed application has been received, and may be preceded by an interview.
Article 2 – Membership card
Each member receives their personal membership card upon payment of the fees and dues required under the contract. The card grants access to the facilities (fitness room, swimming pool, hot water bath, steam room, sauna and salt cave) as well as the water-based and fitness activities set out in the card’s sales documentation. The membership card must be shown at reception and can be requested at any time. The card is personal and cannot be transferred, except as stated in article 7. Loan of the card constitutes a violation of these T&Cs and could entail application of the termination clause.
The member is invited to provide their bank card details to the reception staff in order to make purchases at the Club. The amount of any purchase made thereafter will be automatically debited from the card. To validate the transaction, the client is invited to present their membership card and sign the corresponding receipt, an electronic version of which will be systematically archived.
Article 3 – Membership fee
The membership fee, regardless of the payment method, is contractually payable in full in one single transaction upon signing up for the duration of the membership, and upon each renewal. The price of the membership is that in force on the day the member signs up or on the membership renewal dates. It is expressly agreed that the Club reserves the right to reflect any change to the VAT rate applicable to Club services in the price of the membership. In the event of a payment incident, the member is invited to promptly rectify the situation so they can access the facilities and avoid implementation of article 7.
Each membership contract between the Club and one of its members is entered into on an intuitu personae basis.
Article 4 – Lost or stolen card
As soon as the member becomes aware of the theft or loss of the card, and except in the case of force majeure, they undertake to inform the Club’s staff in writing or at reception as soon as possible to prevent the card’s fraudulent use by a third party. Creation of a duplicate card may be invoiced at the current rate displayed in the Club during the event (administrative fees).
Article 5 – Changes during the membership
The member undertakes to inform the Club of any changes that take place over the course of the membership (name, address, bank details, etc.).
Article 6 – Membership / Renewal
The Club will inform the member in writing (by email or text message), at least one month before the expiry of their contract, of its date of expiry and the option of renewing their membership. Regardless of the payment terms in force, the contract can only be terminated subsequent to the contractual expiry of the membership, subject to application of the cases described in article 7.
Article 7 – Suspension / Termination / Freeze or cancellation of the membership
7.1 Suspension
In the event of the full or partial non-payment of any contractual instalment, the Company may suspend the Club services and the personal membership card may be temporarily deactivated. If applicable, any remaining amounts due until expiry of the contractual commitment period will remain payable. The member may benefit from the Club services again once the cause of the suspension has been remedied, and their personal membership card will, in this case, be automatically reactivated.
7.2 Termination / Freeze or cancellation of the membership
- By the Company:
If a member were to:
– loan their card to any other person;
– make aggressive, insulting remarks or act in an aggressive, insulting way towards the members, clients or staff of the Club and the Hotel, or behave in a way that disrupts or unsettles the peace of the other members or clients;
– act violently or offensively at the Club;
– steal or deliberately cause damage;
– dress indecently or offensively, or in a dangerous manner for the practise of the various activities;
– unfairly use Club facilities that require payment of an additional fee;
– violate these general terms and conditions of sale or the internal regulations and more generally the good conduct, health and safety guidelines displayed at the Club;
– have made a false declaration concerning all or part of the information in the membership contract;
the contract may be terminated by the Club as of right, five days after the violation has been acknowledged and after due process, except in the event of an urgent case or violation making it immediately impossible for the member to access the Club and the Club services and keep their card active, in which case termination may be immediate. In addition, the offending member will be prevented from accessing the facilities and must surrender their card to the Club, which will retain all the amounts paid and due for the contractual period.
- By the member:
The member can terminate the membership, before its expiry date, in the event of a serious illness or accident causing an incapacity that definitively prevents them from benefiting from all the Club services included in their membership. The membership will be automatically terminated if the member dies.
The member can also suspend and extend their membership, if, for the following reasons associated with their health, they are temporarily prevented from benefiting from all the Club services included in their membership:
– serious illness or accident making all sports activity impossible, on the condition that such impossibility exceeds three weeks, upon presentation of a medical certificate specifying and justifying the period of incapacity;
– pregnancy, if a doctor has advised against sports activity.
The following do not, therefore, give rise to the suspension, freeze or, a fortiori, cancellation of the membership:
– a temporary impossibility to undertake sports activity for a duration of less than three weeks;
– all reasons other than those exhaustively listed above (such as resignation or other professional reasons, relocation, etc.).
– any reason brought to the attention of the member before joining the Club.
The member (or their beneficiaries) must send via registered letter with acknowledgement of receipt to the Company, addressed to BRACH – Le Club de Sport at the address above, or, where applicable, via the electronic termination arrangement provided as described below, within 30 days of the event, the reason for their request. They must include any necessary evidence (excluding a declaration on honour) and, in the event of termination, return their membership card.
In the event of cancellation of the membership, termination will take effect no later than 21 days after the date of receipt by the Company (or the date of the event prompting the request if that is later) of the member’s completed, evidenced request. As the membership will have been paid in full at the start of the membership period, the member will be given the option of either transferring their membership to a third party, whose application must be validated by the Company, or receiving a partial reimbursement adjusted prorata temporis of the member’s membership up to the effective date of the termination.
If the membership is frozen, the freeze will take effect, from the Company’s receipt (or the date of the event prompting the request, if that is later) of the member’s completed, evidenced request, following a three-week waiting period (corresponding to the minimum duration of the prevention required for the request to be taken into account). The membership freeze will therefore be counted from the 22nd day of the prevention period indicated.
The membership freeze entails the freeze of the member’s access card. They cannot, therefore, use the Club’s facilities and services during this period.
(C) In addition, clients with the capacity of consumers or non-professionals within the meaning of the French consumer code are reminded of the following provisions of this code:
Article L. 215-1-1:
When a contract has been entered into electronically (or has been entered into by another means and the professional, on the day of termination by the consumer, offers the consumer the option of entering into contracts electronically), termination must be made possible under this same arrangement. As such, the professional must provide the consumer with a free, electronic means of announcing their wish to terminate the contract and perform the steps required to do so. When the consumer announces termination of the contract, the professional must confirm receipt of the announcement and inform the consumer, on a durable medium and within a reasonable time frame, of the date on which the contract comes to an end and the effects of the termination. A decree establishes the technical arrangements to identify the consumer and ensure easy, direct and constant access to the means mentioned in the second paragraph, as well as arrangements for its presentation and use. It sets out the information that must be provided by the consumer.
Article L. 215-3:
The provisions of this chapter also apply to contracts entered into between professionals and non-professionals.
Section 2 – Terms and conditions of use
Article 8 – Facility opening days and times
The opening days and times of the Club and its various facilities are available at the Club, in the sales brochure and on the website www.brachparis.com.
The Company will inform the members, in advance, through signage and on the internet, of any exceptional closures for technical, health or safety reasons, or to bring the Club into line with statutory requirements. In association with its services, the Evok Collection group also organises events and may exceptionally use all or part of the facilities for these events and inform the members thereof in advance.
Article 9 – Access
Access to the facilities (fitness room, swimming pool, hot water bath, steam room, sauna and salt cave) is exclusively reserved for paid-up members upon presentation of their membership card, as well as Hotel clients. Members have access to the Club at the times displayed at the Club reception. Hotel clients, however, have permanent access. Activities in the well-being /consultation area and the barbershop are open to non-members subject to reservation and payment of the corresponding fees.
Access is regulated and demands strict compliance with these T&Cs and the internal regulations, in the versions provided at the time of registration and, where applicable, amended or updated by display at the Club or on the website www.brachparis.com. The client, regardless of whether they are a member, undertakes to follow, in all circumstances and at all times, all the good conduct, health and safety guidelines given to them or sent to them by staff. Without prejudice to any remedies the Company may pursue for damages, the client, regardless of whether they are a member, acknowledges that the Company may, after due process, take any appropriate measure to ensure compliance with these provisions, including but not limited to issuing a warning to the client who breached the requirements, excluding them from the Club, or even terminating the membership contract as per article 7.
Article 10 – Medical certificate
The French Health Ministry and medical professionals often encourage regular physical activity and highlight its benefits. However, participants declare that they have previously had a check-up with a doctor to ensure they are fit to practise a sports activity and have a medical certificate issued within the last three months. This medical certificate may be requested by the Club. Notwithstanding the insurance taken out by the Club, participants also agree to take out any insurance provided for in regulations applicable to the practise of the chosen activities.
Article 11 – Children
Without prejudice to the Company’s liability, children remain the responsibility of the accompanying adult. Children under the age of 12 are not allowed to remain alone in the Club or move around it. Children under the age of 12 are only allowed in the aquatic area if accompanied by an adult. In addition, children under the age of three are not allowed in the aquatic area. The Company warns its clients of precautions to take when using certain services: in particular, children under the age of 16 cannot use the sauna or steam room or take part in fitness activities.
Article 12 – Security and personal belongings
Without prejudice to the Company’s liability, members are required to follow the good conduct, health and safety guidelines that may be given to them by the Club and of which they may be reminded by the staff, through signage or in any sales document. Inside the Club, members retain responsibility for everything that belongs to them. Lockers secured with a key or a code are located in the Club changing rooms and available to members, who are required to use them (keeping a close eye on the key). Valuable objects must be placed in the lockers, or in the Room safe for clients staying at the Hotel. Members and other clients are, in any event, required to keep their personal belongings safe and not leave them unattended anywhere in the Club or other areas of the Hotel. Members are also invited to avoid, whenever possible, bringing belongings into the Club that have no connection with the purpose and services of the Club. In any event, the Company will not accept any liability in the event of the theft, loss or other disappearance of or damage to members’ possessions.
Article 13 – Vehicles
Cars, motorcycles, bicycles and vehicles of any kind must be parked in the spaces solely provided for such use by the City of Paris and cannot be parked in the reserved parking area in front of the Hotel entrance. The Company reserves the right to have removed, at the cost of the driver, any vehicle in violation of these provisions.
Article 14 – Coaching
Only Club-approved coaches can teach in the Club, except by special authorisation of the Company. It is strictly forbidden to give classes or take classes given, in any form whatsoever, by another person. Any violation of this rule may lead to the termination of the membership of the people responsible.
Article 15 – Reservations
Some services offered by the Club, whether or not they are subject to payment of an additional fee, must be reserved. Members who have made reservations undertake to inform the Club at least 24 hours in advance (on an hour-by-hour basis) of any cancellation, regardless of the reason therefor. Any service reserved and not cancelled under these terms will be due.
Section 3 – General provisions
Article 16 – Intellectual property rights
The members are expressly informed that the Club and its various spaces in their capacity as architectural and decorative works, as well as the objects furnishing them and the Company’s promotional or advertising materials (hereinafter the Works, including the Website, catalogue, photographs, logos, furniture, accessories, decorative objects, works of art and the graphic elements used on these materials) are covered by intellectual property rights including authors’ royalties, design rights, marks and patents, held by the Company as well as third parties, particularly product managers and creators. Members and clients are therefore strictly forbidden from reproducing the Works and displaying them to the general public. Any disregard for the intellectual property rights mentioned above constitutes copyright infringement and is punishable by criminal sanctions and an order to pay damages.
Article 17 – Payment terms and means.
Payment can be made at the Club in cash (for amounts under 1,000 euros for clients who can prove their tax residence is in France or when the membership is for business purposes, or 10,000 euros for clients who can prove their tax residence is abroad and whose stay is not for business purposes) or by debit or credit card (Visa, Mastercard, American Express, Diners Club and JCB). Payment can also be made remotely by bank card using a 3Dsecure payment link or by bank transfer. Neither cheques nor chèques-vacances [holiday vouchers] are accepted. Payment will be considered received and effective:
– in the event of payment in cash, once the cash has been handed over;
– in the event of payment by bank card, once the payment provider has validated the payment order;
– in the event of payment by bank transfer, once the funds have been credited to the Company account. Membership is only effective and activated upon effective receipt of the payment.
Article 18 – Cooling-off period (C)
Membership begins as soon as it has been validated through payment of the required fees and dues. The client expressly accepts the immediate beginning of the membership. When the membership is taken out entirely through an exchange of emails with the Company, the client does however have the right to cancel within 14 days thereof. They can:
– either waive their right to the cooling-off period;
– or retain their right to a cooling-off period of 14 days by promising to pay an amount corresponding to the prorata temporis amount of the membership up to the day on which the member informs the Company that they want to exercise their right to cancel the membership.
If applicable, the client can exercise their right to cancel the membership without giving a reason. The client informs the Company of their decision to cancel by means of a declaration devoid of ambiguity (for example, a letter sent by post or an email) sent to the Company at the address indicated at the top of these T&Cs, within the cooling-off period stated above. The cancellation form below can be used but is not compulsory. It is also possible to fill in and send the cancellation form or any other statement devoid of ambiguity to sport@brachparis.com. If this option is used, the client will promptly receive an acknowledgement of receipt of the cancellation on a durable medium (email, for example).
Generally, no right to a cooling-off period will be granted for reserved services that must be performed on a specific date or during a specific period, or for those that have been performed in full within the cooling-off period for which the client has accepted the immediate start of performance.
Article 19 – Personal data
- Personal data disclosed when taking out memberships or making reservations at the Club are processed by the Company as described in these T&Cs and in the Company’s Charte de Traitement des Données Personnelles [personal data charter], which can be consulted at any time on the Website. The charter also includes the rights of the people concerned. The client is invited to consult the personal data charter prior to any reservation or membership. By taking out the membership or reserving a Club service, the client accepts the personal data charter, as well as the T&Cs in force. The client is reminded that they can sign up to the telemarketing call blocker via the website bloctel.gouv.fr. For more information, the client is invited to consult the personal data charter.
Article 20 – Storage of contracts entered into exclusively by email (C)
When a membership contract is entered into by exchange of emails, the Company stores and archives the contract for ten years after its subscription. The client can ask to consult it at any time by sending a request to BRACH PARIS – Le Club de Sport – 1-7, rue Jean Richepin – 75116 Paris, France or by email to booking@brachparis.com, specifying their name and contact details.
Article 21 – Handling complaints
The client must send any and all complaints by post to BRACH PARIS – Service Client – 1-7, rue Jean Richepin – 75116 Paris, France or by email to spa@brachparis.com no more than eight days after their visit to the Club that gave rise to the complaint, detailing the date, the place and, if applicable, the service in question, their details, and the email addresses, postal addresses and telephone numbers the Company can use to reply to them. The Company can use the means and address of its choice to reply to the client if the complaint gives several options. Complaints made more than 15 days after will not be considered.
The Company cannot favourably respond to any complaints that do not cite a right conferred upon the client under the contract or the statutory or regulatory provisions. Complaints citing such a right will be assessed by the Company as stated below.
The client undertakes to cooperate and respond promptly and in good faith to the Company’s requests so the complaint can be handled fairly and efficiently. After having obtained all the information needed to handle the complaint, the Company undertakes to inform the client as soon as possible, and at the latest within 15 days of receipt of all the necessary information, of the outcome of their complaint.
Article 22 – Settling disputes (C)
In the event of a disagreement, the client can access a conventional mediation procedure or any alternative way of settling differences of opinion.
Mediation. After having contacted the Company’s Customer Services department as indicated in article 8 – Handling complaints and in the absence of an agreement or a satisfactory response from the department within 60 days, the client can, in order to resolve the dispute out of court, contact the Company’s appointed consumer ombudsman free of charge, as follows: AME Conso – 11 Place Dauphine 75001 Paris, France – Telephone: +33 (0)9.53.01.02.60 – Website: www.mediationconso-ame.com. Non-professional clients, within the meaning of the French consumer code, can also contact the consumer ombudsman in the same way.
Settling disputes online. The client is informed of the existence of the Online Dispute Resolution (ODR) platform run by the European Commission. It can be accessed via this link:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. The Company’s email address for these purposes is sport@brachparis.com.
Article 23 – Law and jurisdiction
French law is alone applicable to the relationship between the Company and the client as regards the offer, the formation, the performance or discharge of the memberships and reservations, the T&Cs and the contract.
French courts alone have jurisdiction over disputes between the Company and the client arising from or relating to the offer, formation, performance or discharge of the contract, and more generally in the subject matter or interpretation of the contract, the quote or the T&Cs.
(C) However, if the client has the capacity of consumer under the meaning of the French consumer code, the following have jurisdiction:
- If the client was domiciled in France when the contract was entered into, French courts exclusively;
- If the client was not domiciled in France when the contract was entered into:
-
- If, at the time the case is brought before the court, the client is domiciled in the European Union, courts in the Member State in which the Client is domiciled; the client may also still bring a case before the French courts;
- If, at the time the case is brought before the court, the client is domiciled in Switzerland, Norway, Iceland or the United Kingdom, and they were already domiciled in the same State when the contract was entered into, the courts of the State in which the Client is domiciled; the client may also still bring a case before the French courts;
- If, at the time the case is brought before the court, the client is domiciled in territories other than those mentioned in the previous paragraphs, or if they are domiciled in Switzerland, Norway, Iceland or the United Kingdom but were not when the contract was entered into, French courts only.
When French courts are competent, the competent national court is determined pursuant to the French code of civil procedure. (C) The client can also bring a case before the court of the place where they were living when the harmful event occurred, if this place was in France.
In the event of a dispute, only the French version of these T&Cs will be binding; it will prevail between the parties over any other version or translation.
Appendix to article 18 – Cooling-off period: Cancellation form
Please only complete and send this form if you wish to cancel your contract.
For the attention of [name, physical address and email address of the establishment]:
I/we (*) hereby inform you (*) that we want to cancel the contract concerning the following membership:
Taken out on:
Membership No.:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s)
