General Terms and Conditions

Last modified: 12.11.2025

General Terms and Conditions of myClubs GmbH

Preamble

myClubs GmbH, based in Vienna, Austria ("myClubs"), offers a web-based platform ("Platform") at www.myclubs.com and via the myClubs app. The Platform mediates the range of courses (e.g., fitness or yoga courses) and sports facilities (e.g., fitness equipment, tennis courts, climbing halls) offered by sports providers cooperating with myClubs, such as operators of fitness studios, sports clubs, and other sports facilities ("Sports Providers"), as well as sports activities organized by myClubs itself. Anyone who is registered on the platform ("registered user") can view the sports offerings of all sports providers and search through them using various filter functions. Anyone who has concluded a membership contract with myClubs ("member") can also use the sports offerings of all sports providers within the scope of the tariff selected by the member.

myClubs acts as an intermediary for individual contracts between members and sports providers regarding sports services or the use of sports facilities. However, myClubs may also act as a sports provider itself. In this case, the contract is concluded directly between the members and myClubs.

The following General Terms and Conditions ("GTC") apply to the membership contract with myClubs.

§1 FREE REGISTRATION

  1. Users of the platform can set up personal access to the platform ("myClubs account") by entering their email address and choosing a personal password. Additional registration options, such as registration via external providers (e.g., Apple Login, Google Login), may also be offered. The availability and implementation of such registration options is at the discretion of the platform operator and may be introduced, changed, or discontinued by the operator at any time.

  2. Registration is free of charge and does not constitute membership.

  3. Users may only register in their own name. They must be of legal age and a natural person. The data provided to myClubs during registration must be complete and accurate. Registration under a pseudonym, an incorrect address, or email address is not permitted. Members must treat their personal access data as confidential and may not disclose it to third parties.

  4. myClubs reserves the right to refuse registration of users without giving reasons. In this case, the data transmitted by the user will be deleted immediately.

§2 MEMBERSHIP CONTRACT

  1. By concluding the membership agreement, the member is entitled to use the services of myClubs (see §§ 3, 4) in return for payment of a fee (see § 5). A registered user (see § 1) can apply for membership with myClubs by choosing a paid membership plan. The membership agreement is concluded when myClubs accepts the membership application. There is no entitlement to acceptance of the application. When redeeming a gift card, the new customer must first enter the voucher code. They must then register as a user. Upon completion of the checkout process, they become a member.

  2. The data requested by myClubs when applying for membership must be provided completely and truthfully and updated in the event of any changes. Members are free to upload a current photo of themselves via the platform. If the member does not upload a current photo of themselves via the platform, they must be able to prove their identity to the respective sports provider upon request by presenting official photo ID. If the member is culpably unable to prove their identity upon request, they will not be able to participate in the booked sports session. In this case, the corresponding sports session(s) will still be charged to the member in the FLEX and PREPAID tariffs (no successful check-in). In the UNLIMITED tariff, an incomplete checkin fee (no-show fee) will be charged (see § 5).

  3. Use of the myClubs sports offering requires an internet-enabled smartphone with a functioning camera. In addition, the myClubs app must be installed, which is available for devices with iOS and Android operating systems via the Apple App Store or Google Play Store.

  4. myClubs is entitled to limit the maximum number of check-ins (visits) per sports provider and membership month. The "membership month" begins on the day the membership contract is concluded or, in subsequent months, on the day that corresponds numerically to the day the contract was concluded, and ends at midnight on the previous day of the following calendar month. The relevant terms and conditions of the booking, in particular regarding reservation periods, cancellation periods, and visit limits, can be found on the platform.

  5. Members may voluntarily consent to the collection and use of location data by myClubs. Location data is collected solely for the purpose of improving the services offered, in particular to display nearby sports providers and to optimize location-based functions. Checking in at sports providers is possible at any time, regardless of location sharing. Members can revoke their consent at any time with future effect in the app settings. The use of the myClubs app and www.myclubs.com remains unrestricted even without consent. Location data is processed in compliance with data protection regulations and exclusively for the purposes stated.

  6. Members have the opportunity to participate in the myClubs referral program. As part of this program, members can receive a bonus visible in the myClubs app when they refer new members. The amount of the bonus may be adjusted by myClubs, or the referral program may be discontinued at any time. Members will be notified of this via email with 30 days' notice. Bonus amounts that have already been credited will be taken into account before the end of this period and settled accordingly. The bonus will be automatically credited to the referring member's monthly membership fee in the following month. If no debit is made in the following month, for example due to cancellation, a membership break, or any other reason, the bonus will expire. The bonus cannot be paid out or transferred.

  7. Members can participate in a loyalty program by expressly registering, either via <www.myclubs.com> or in the myClubs app. During the registration process, members are required to agree to the terms and conditions of participation in the loyalty program by giving their consent by placing a digital check mark in the registration form. Participation in the loyalty program is only possible after agreeing to the terms and conditions of participation. The currently valid version of the terms and conditions of participation is available at <www.myclubs.com> and in the myClubs app.

§3 MEDIATION SERVICE AND SPORTS OFFER/CHECK-IN WITH SPORTS PROVIDERS

  1. myClubs mediates individual contracts for sports services or the use of sports facilities between a member and a sports provider ("mediated sports contract") by presenting the sports providers' sports offerings on the platform. The type and scope of the sports providers' sports offerings can be found in the respective specific offer description on the platform. The sports offerings of a sports provider presented on the platform may differ from the offerings of the sports provider for its own customers (who are not members of myClubs).

  2. myClubs strives to offer as many sports activities as possible from sports providers via the platform and to continuously expand the number and variety of such sports activities by attracting additional sports providers. The sports provider independently decides which sports offers the platform mediates and manages its sports offers itself. myClubs can only mediate sports services and sports facilities from sports providers that the sports provider offers via the platform. When mediating sports contracts, myClubs is bound by the participant capacity reported as available by the sports provider.

  3. A sports contract mediated by myClubs between a member and a sports provider is concluded through the process of the member checking in with the sports provider ("check-in"). The check-in takes place when the member creates a ticket with the sports provider using the check-in system provided by myClubs. A separate check-in takes place for each course unit. When using sports facilities (e.g. squash, badminton, fitness studio), check-in takes place for a period defined on the platform. Also when using of sports facilities, a ticket must be issued. This constitutes acceptance of the specific sports offer from the sports provider. Every myClubs member undertakes to carry out the myClubs check-in on site at the sports provider using their smartphone and create a valid ticket before participating in the booked session. The check-in a ticket for the booked sports session.

  4. A sports contract brokered by myClubs between a member and a sports provider is subject to the applicable terms and conditions of the sports provider (e.g. house rules, terms of use, participation requirements, or general terms and conditions). These can be viewed on the homepage of the respective sports provider or on site at check-in.

  5. All contractual claims, rights, and obligations arising from a sports contract brokered by myClubs exist exclusively between the member and the sports provider. In particular, myClubs does not guarantee the availability of the sports provider's sports offerings, for example, in the event of fully booked courses or course cancellations.

  6. If there are any last-minute changes to the sports offering, such as schedule changes, cancellations, overbooking, or similar, myClubs will forward such information—if available—to members with an active reservation.

§4 USE OF THE PLATFORM

  1. myClubs endeavors to make the platform available for use 24 hours a day, 7 days a week. Due to maintenance work or technical malfunctions, the platform may be temporarily unavailable.

  2. The platform is protected by copyright and may not be used or modified beyond the granted right of use without the prior written consent of myClubs. Similarly, the design of the platform and, in particular, the content posted on the platform (e.g., databases, photos, images, videos, or texts) are protected by copyright or subject to other laws protecting intellectual property and, unless otherwise indicated, are the property of myClubs. Trademarks used on the platform are protected by trademark law; the term and the "myClubs" logo are protected by various registered word and figurative marks.

  3. The member grants myClubs the free, non-exclusive, irrevocable, and perpetual right to use, modify, copy, reproduce, and, in particular, make permanently available on the platform and publicly accessible all content posted by the member on the platform. myClubs has the right to move posts within the platform and combine them with other content. The member waives the right to copyright attribution and declares, where applicable, that they have obtained such a waiver from the copyright holder.

  4. If the member evaluates sports offers and sports providers, they must refrain from posting content that constitutes a criminal offense or an administrative offense, violates patent, copyright, trademark, or competition law, is inaccurate, misleading, offensive, threatening, racist, discriminatory, abusive, defamatory, pornographic, obscene, or vulgar, if the posts are mass posts with the same content or with advertising content, or if they are likely to impede or delay the technical operation and availability of the platform.

  5. Members are only permitted to reproduce personal data with the express permission of the person concerned.

  6. myClubs is entitled to delete posts that violate applicable law or these Terms and Conditions.

§5 DURATION OF CONTRACT, REMUNERATION AND PAYMENT MODALITIES

  1. The membership agreement is valid for an indefinite period. Members will be charged a fee for using myClubs services in accordance with the prices listed on the platform ("membership fee"). Members can choose one of the following rates (see §§ 5.2, 5.3) for the calculation of the fee. A restriction on the maximum number of check-ins (visits) per sports provider and membership month is possible.

  2. With the FLEX and PREPAID tariffs, members have a certain number of units at their disposal that can be used to access the sports facilities ("sports units"). One or more sports units are charged for each check-in (see § 3). The scope of services that can be used with sports units is defined individually for each sports offering and can be found in the offering or course description on the platform. For certain sports offerings or additional services, a surcharge may be required, provided this is indicated on the platform.

    1. "FLEX" tariffs: The member pays a fixed amount per membership month and, in addition to using the platform per membership month (see § 2. 4), can use a certain number of sports units. Any sports units not used within a membership month expire at the end of the membership month.

    2. "PREPAID" tariffs: The member pays a one-time amount and can use sports units to the extent shown on the platform. Once the quota of sports units has been used up, the member can purchase additional sports units.

  3. The following applies to the "UNLIMITED" tariffs:

    1. The member pays a fixed amount for a month of membership and, in addition to using the platform, can take advantage of one sports offering per day (fair use rule) in the form of a check-in. The scope of services that can be used in a membership month, as well as specific booking restrictions, are defined individually for each sports offer and can be found in the offer or course description on the platform. For certain sports offers or additional services, a surcharge may be required, provided this is indicated on the platform.

    2. myClubs expressly reserves the right to terminate the contract without notice in the event of violations of the fair use rule.

    3. UNLIMITED members are obliged to pay a fee ("Incomplete Check-In Fee (No-Show Fee)") in the amount of EUR 13.75 if a booked service is not used or the check-in on site is not completed. myClubs will inform the member within 24 hours by email of any Incomplete Check-In Fee (No-Show Fee) due, which will be charged automatically. An Incomplete Check-In Fee (No-Show Fee) is due seven days after the incomplete check-in. If a technical error on the myClubs platform caused the incomplete check-in, no Incomplete Check-In Fee (No-Show Fee) will be charged. The member may object to the fee if they can prove that they were not at fault for the incomplete check-in. An objection is possible in particular if the sports provider has canceled the booked sports event.

  4. Payment for services provided by a sports provider under a sports contract concluded between a member and a sports provider and brokered by myClubs is made by myClubs.

  5. For certain sports offers from sports providers, binding reservations may be required if this is indicated on the platform. Reservations can be canceled free of charge within the cancellation period specified on the platform. If the specified cancellation period is not observed or if the member culpably fails to make use of the sports provider's service despite a binding reservation (no successful check-in), the member will be charged for the corresponding sports unit or sports units in the FLEX and PREPAID tariffs. For the UNLIMITED tariff, an incomplete check-in fee (no-show fee) will be charged. In the event of repeated culpable non-use of reserved services during the contract period, myClubs reserves the right to terminate the contract without notice.

  6. For the FLEX and UNLIMITED tariffs, the monthly fixed amount is due on the day of the membership month. The member authorizes myClubs online via the platform to collect the fee payable by the member from the payment method specified in the membership application.

  7. myClubs is entitled to adjust the membership fee if the following circumstances specified in the contract change:

    • Changes to statutory or official regulations that make it necessary to adjust the fee,
    • Significant changes in market prices or production costs, including inflation rates or price increases for raw materials and energy,
    • Adjustments to tax rates that affect remuneration,
    • Changes in infrastructure or platform costs.

    The adjustment (increase or decrease of the fee to be paid by the member) will only be made if these circumstances objectively and verifiably occur without them within the sphere of influence of myClubs. If a fee change is necessary, myClubs will adjust the fee accordingly and inform the member at least 30 days before the change comes into effect. If a reduction in the relevant costs, myClubs will reduce the fee accordingly. If the member does not agree to the price increase within 30 days, myClubs may terminate the contract.

  8. The member authorizes myClubs to collect the fee payable and the incomplete check-in fee (No-Show Fee) via the platform using the payment method specified in the membership application. If the collection of the fee or an incomplete check-in fee (no-show fee) fails, the member shall reimburse myClubs for the "chargeback fee" incurred by myClubs (bank charges due to failed SEPA direct debit) incurred by myClubs, insofar as the member caused the failure at least through slight negligence and did not demonstrably prevent the collection of the claim in a lawful manner. In the event of a chargeback (e.g., due to insufficient funds in the checking account or credit card, closure of the checking account, or unauthorized objection by the account holder), the member authorizes myClubs to resubmit the respective payment obligation up to three additional times.

  9. In the event of late payment by the member, the member shall owe the statutory default interest at the rate applicable to the member. Furthermore, in the event of late payment caused by at least slight negligence on the part of the member, the member undertakes to reimburse myClubs for the reminder and collection costs incurred, insofar as these are necessary for appropriate legal action.

  10. Vouchers and discount codes cannot be exchanged for cash. There is no entitlement to a voucher or discount code.

§6 MEMBERSHIP RIGHTS NON-TRANSFERABLE

  1. All rights of the member arising from the membership agreement are strictly personal and non-transferable. The member is prohibited from using myClubs services outside the scope of the agreement without the express consent of myClubs. In particular, the member may not disclose their login details to third parties or allow them access to their myClubs app. The QR code, which is available at the sports providers and which the member uses to check in with a camera and the myClubs app within 30 minutes before and after the sports session, may only be used by the member. In addition, the member is prohibited from allowing third parties to use the device used to access myClubs.

  2. Services provided by myClubs, in particular access to the personal myClubs account, may not be resold, transferred to third parties free of charge or in return for payment, or used in any other way directly for the purpose of making a profit. The member is liable to myClubs for any damage caused by the intentional or grossly negligent unauthorized transfer of access to the platform.

§7 PROVISIONAL EXCLUSION AND EXTRAORDINARY TERMINATION BY MYCLUBS AND BY THE MEMBER

  1. In the event of a member's breach of contractual obligations (including these GTC), myClubs is entitled to issue a warning to the member and, in the event of a continuing breach, to exclude the member from further use of the platform and from the use of myClubs services until the breach of duty has been remedied or eliminated.

  2. myClubs is entitled to terminate the membership agreement for good cause. In the event of termination of the membership agreement for good cause by myClubs, any sports sessions that have already been paid for but not used will be refunded on a pro rata basis, unless the termination is due to culpable behavior on the part of the member. Good cause shall be deemed to exist in the event of repeated breaches of contractual obligations (including these General Terms and Conditions, which form an integral part of the contract), despite prior warning. Good cause shall also be deemed to exist in particular

    1. if the member intentionally provides false or incomplete contact details,

    2. if the member passes on their personal myClubs access (login details) to third parties or otherwise makes it accessible to unauthorized persons; in this case, myClubs also reserves the right to claim damages,

    3. if the member is in arrears with the payment of the fixed amount for two consecutive dates or fails to pay the fixed amount for membership three times within the specified period,

    4. if the member repeatedly fails to make use of reserved services under the UNLIMITED tariff through their own fault,

    5. in the event of gross misconduct by the member towards sports providers, myClubs, or other members, or

    6. if the member commits intentional deception through their behavior (e.g., by providing false information or concealing relevant information in order to gain unauthorized advantages for themselves or third parties), misuses services, manipulates the myClubs platform, or commits geolocation fraud by providing false location data or manipulating it in order to gain unauthorized advantages for themselves or third parties.

  3. The member has the right to terminate the membership agreement extraordinarily and without notice if there is good cause. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the member cannot reasonably be expected to continue the contractual relationship until the end of the notice period. Good cause includes, in particular:

    1. breaches of contract by myClubs,

    2. loss of trust in the contractual partner (e.g., in the event of serious breaches of duty),

    3. serious changes in the contractual relationship that significantly impair the member's legitimate use of the services.

    In such a case, the member is entitled to terminate their membership with immediate effect without having to observe a notice period.

§8 ORDINARY TERMINATION BY THE MEMBER AND BY MYCLUBS

  1. Members can terminate their membership agreement for the FLEX or UNLIMITED tariffs at any time with seven days' notice to the end of the membership month. Written notification via chat in the myClubs app, on the website, or by email to support@myclubs.com is sufficient for the notice of termination. The timeliness of the termination is determined by the date of receipt of the termination by myClubs, not the date of dispatch.

  2. myClubs may terminate the membership contract for the FLEX or UNLIMITED tariffs at the end of the membership month with one month's notice.

  3. This does not affect myClubs' right to extraordinary termination.

  4. Upon termination, all rights and obligations arising from the membership agreement shall cease to apply. This does not apply to claims for damages, reimbursement, or outstanding payment claims, provided these are based on legally incurred obligations.

§9 PAUSE AND TERMINATION DURING THE PAUSE

  1. Each member in one of the FLEX or UNLIMITED tariffs is entitled to suspend their membership for up to 2 full membership months per year ("suspension") without giving reasons. The member does not owe any fixed monthly amount for this period. The suspension can be created in the myClubs app with a notice period of seven days until the end of the current membership month.

  2. Ordinary termination during the pause by the member is possible if the pause was registered more than 7 days before the membership date. If the pause was registered less than 7 days before the membership date, an additional membership month must be purchased after the pause.

§10 RIGHT OF WITHDRAWAL FOR CONSUMERS

  1. In the event that the member concludes the membership contract as a consumer within the meaning of the Consumer Protection Act (BGBl. 140/1979 in the version of BGBl. I No. 85/2024), he/she shall be entitled to the following right of withdrawal in accordance with Section 11 of the Distance and Off-Premises Transactions Act (BGBl. I No. 33/2014 in the version of BGBl. I No. 109/2022):

  2. The member has the right to withdraw from the membership contract within 14 calendar days without giving reasons.

  3. The withdrawal period is 14 days from the date of conclusion of the contract (see § 2).

  4. If the member withdraws from the UNLIMITED subscription after requesting myClubs, in the course of concluding the UNLIMITED subscription, to begin fulfilling the contract before the end of the withdrawal period, and myClubs has complied with this request, myClubs is entitled to retain from the refundable fee an amount that corresponds proportionally to the total fee paid for the services provided by myClubs up to the time of withdrawal. The amount to be retained is calculated on the basis of a flat rate of €15.00 including 20% VAT for each check-in carried out up to the time of withdrawal. However, a maximum of half of the monthly fee will be deducted as a prorata payment. If the member has not checked in at the time of exercising the right of withdrawal, myClubs will not retain any pro-rata fee. The remaining amount will be refunded after deduction of the abovementioned proportionate amount without additional costs for the administrative processing of the refund.

  5. If the member withdraws from the FLEX subscription after requesting myClubs, during the conclusion of the FLEX subscription, to begin fulfilling the contract before the end of the withdrawal period, and myClubs has complied with this request and the member has acknowledged that in the event of partial consumption, they must also pay the proportionate costs, myClubs is entitled to retain from the refundable fee an amount that corresponds proportionally to the services provided by myClubs up to the time of withdrawal in relation to the total fee paid. In doing so, it shall take into account how many of the total available units have already been consumed. If, for example, two of four units have been used, the refund shall only be made for the value of the remaining two units.

  6. If the member withdraws from the PREPAID subscription after requesting myClubs, in the course of concluding the PREPAID subscription, to begin fulfilling the contract before the expiry of the withdrawal period, and myClubs has complied with this request and the member has acknowledged that in the event of partial consumption, they must also pay the proportionate costs, myClubs is entitled to retain from the refundable fee an amount that corresponds proportionally to the services provided by myClubs up to the time of withdrawal in relation to the total fee paid. For example, if three out of ten booked training sessions have already been consumed, the refund will only be for the value of the remaining seven sessions.

§11 LIABILITY PROVISIONS

  1. myClubs shall only be liable for damages incurred by the member if the damage was caused by gross negligence or intent on the part of myClubs or a person attributable to myClubs. Liability is excluded for damages caused by slight negligence. Slight negligence is defined as an error that could also occur occasionally to a careful person. In such cases, the occurrence of damage is usually unforeseeable, and an averagely attentive person could make the same mistake. However, this restriction does not apply to personal injury or damage incurred by the member as a result of myClubs' breach of its main obligations under the membership agreement (provision of the platform and brokerage of sports contracts).

  2. myClubs expressly accepts no liability for the fulfillment of contractual and other obligations of the sports provider towards the member. In particular, myClubs is not liable for the availability of the services offered by the sports providers and any damage, including injuries to a member, arising in connection with the use of the sports provider's services.

  3. myClubs shall only be liable for damages resulting from any misuse of the member's access data in cases of intent or gross negligence. Liability is excluded for damages caused by slight negligence. Slight negligence occurs when a mistake is made that could occasionally happen even to a careful person. In such cases, the occurrence of damage is usually unforeseeable, and an averagely attentive person could make the same mistake. This restriction applies not for personal injury. myClubs is not liable for any damage incurred as a result of the user's failure to exercise due care.

  4. The member is obliged to comply with applicable legal provisions when using the platform. myClubs is not liable for violations of legal regulations by the member, unless myClubs has contributed to such violations through insufficient information, faulty platform design, or its own actions.

  5. The member undertakes to indemnify myClubs against claims by third parties insofar as these are based on the member infringing the rights of third parties through their own content, behavior, or actions. This includes, in particular, claims for damages, injunctive relief, warning costs, and other costs that may arise from the infringement of third-party rights (such as copyrights, trademark rights, personal rights, or other intangible rights). However, this only applies if myClubs itself was not aware of the infringement or could not have recognized it with reasonable care. The member is not obliged to indemnify myClubs if and to the extent that myClubs has contributed to the claims of third parties through its own knowledge or grossly negligent ignorance of a legal violation or through failure to take measures to prevent the legal violation despite knowledge or grossly negligent ignorance.

  6. myClubs is obliged to take appropriate measures immediately upon becoming aware of illegal content, such as deleting or blocking this content.

§12 DATA PROTECTION

The data protection provisions of myClubs apply to all registered users and are an integral part of the membership agreement. They are available at www.myclubs.com/at/en/data-protection. Data is processed exclusively in accordance with the provisions of Austrian data protection law.

§13 APPLICABLE LAW

All agreements made between myClubs and the member, as well as these GTC, are subject exclusively to Austrian law, excluding the conflict of law rules of the IPRG and the UN Convention on Contracts for the International Sale of Goods.

§14 AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS AND POSSIBILITY OF OBJECTION

  1. The provisions of these Terms and Conditions may be amended by myClubs if this is necessary for an objectively justified reason that is current at the time of the amendment. Such reasons exist in particular if amendments are necessary in order to:

    • comply with new legal or regulatory requirements (e.g., changes in tax law, data protection regulations);
    • respond to technical developments that require adjustments to the services or functions offered (e.g., improved security standards, new digital infrastructure);
    • adapt the services to objectively changed market conditions (e.g., increased operating costs due to inflation or changed market standards); or
    • introduce new, advantageous, or neutral functions or services for members (e.g., additional sports offerings, improved booking tools).

  2. Content restriction: Changes must not unreasonably affect the essential rights and obligations of the parties or the contractual balance. In particular, price changes are only permissible if they are based on objective and transparent criteria within the meaning of Section 6 (3) of the Austrian Consumer Protection Act (KSchG) (e.g., an annual adjustment to the consumer price index) and these criteria are clearly communicated to the member in advance.

  3. Time limit: Changes to the General Terms and Conditions may be made at the earliest six months after the last adjustment, unless mandatory legal or regulatory requirements necessitate faster implementation.

  4. Communication of changes: Changes shall be communicated to members in a timely and transparent manner at least 30 days before their planned entry into force. This shall be done by publication on the platform and by email to the address provided by the member. The notification shall contain a clear and comprehensible explanation of the reasons for the changes and an overview of their effects on the contractual relationship.

  5. Consent to changes and rights of the member: Changes shall only come into effect if the member expressly agrees to them in writing within 30 days of receiving notification of the change. Without such consent, the previous conditions shall remain unchanged. If the member does not give their consent, they have the right to continue their membership in compliance with the 30-day notice period or to terminate their membership with immediate effect.

  6. Other restrictions: myClubs undertakes to make changes in a proportionate manner and to ensure that the essential purpose of the contractual relationship is maintained. Changes that exclusively benefit myClubs or cause disproportionate disadvantages for the member are inadmissible within the meaning of § 879 (3) ABGB (Austrian Civil Code).

  7. The member undertakes to indemnify myClubs against claims by third parties insofar as these are based on the member infringing the rights of third parties through their own content, behavior, or actions. This includes, in particular, claims for damages, injunctive relief, warning costs, and other costs that may arise from the infringement of third-party rights (such as copyrights, trademark rights, personal rights, or other intangible rights). However, this only applies if myClubs itself was not aware of the infringement or could not have recognized it with the exercise of reasonable care.

  8. The member shall not be obliged to indemnify myClubs if and to the extent that myClubs has contributed to third-party claims through its own culpable conduct, in particular through knowledge or grossly negligent ignorance of a legal violation or through failure to take measures to prevent the legal violation. In such cases, myClubs shall be liable within the scope of the statutory provisions.

  9. myClubs remains obliged to take appropriate measures immediately upon becoming aware of or grossly negligent ignorance of illegal content, such as deleting or blocking this content, in order to avoid liability as an accomplice.

Current Terms and Conditions as PDF

Current General Terms and Conditions (PDF)

Older Versions of the Terms and Conditions