These General Terms and Conditions of Sale (hereinafter "GTC") govern the contractual relationship between TOTEM (Urban Climbing SA and its subsidiaries, TOTEM Sport & Access SA, TOTEM Escalade SA, TOTEM Blocparks SA and Le Moll SA) and any user of its services.
Any order, reservation or use of the facilities constitutes full and unconditional acceptance of the GTC.
The applicable GTC are those published on totem.ch/cgv.
General Provisions
TOTEM reserves the right to modify the GTC, prices and offers at any time.
Prices are indicated in Swiss francs (CHF) including applicable tax rates in Switzerland.
Service Offering
TOTEM grants its users non-exclusive use of its facilities, equipment and exercise apparatus during opening hours, in accordance with the applicable rate paid.
Promotional offers are only valid within the limits of the contract and cannot be combined.
Specific discounts for groups of people (senior, student, corporate membership, etc.) will only be validated upon presentation of valid supporting documents for the duration of the subscription.
Entries
An entry is registered to the holder (nominative) and does not entitle the client to leave the facility and return to use the installations later in the same day.
Subscriptions
The contract or subscription is personal and transferable, except where a suspensive condition is expressly stated in the offer.
Minors may subscribe to a membership upon obtaining prior consent from a legal guardian.
No refund shall be granted in the event of non-use.
Any subscription commits its holder to payment of the full service amount for the entire duration of the subscription.
A subscription may be upgraded only (Local → Global → Addict); downgrading is not permitted.
Suspension and Freeze
In the event of a valid reason (e.g. illness, pregnancy, accident, military service, extended business trip abroad), the subscription may be suspended for a maximum period of 12 months.
The request must be supported by a medical certificate or other official document.
All members holding a subscription of 6 months or more may request a Freeze of their subscription for personal reasons.
The minimum suspension period is 1 month.
The maximum suspension period may vary depending on conditions set for each subscription at the time of purchase.
The Freeze request must be submitted by email to [email protected] and shall under no circumstances be retroactive.
Subscription Transfer
A subscription is transferable to a third party, who thereby assumes the terms of use and the obligation to pay the remaining monthly instalments.
The terms of transfer shall be negotiated directly between the transferor and the transferee.
A subscription may only be transferred to a third party provided that:
The request is made by email ([email protected]) with a copy to all parties involved.
The specific conditions described in the subscription allow it (some subscriptions sold during promotions are not transferable).
The beneficiaries must be in the same categories (age group, student, senior, etc.) to qualify for the transfer.
Contract Duration and Termination
Termination of a contract is expressly excluded, except in cases of long-term illness or accident, or permanent change of domicile outside the TOTEM service area (>50 kilometres).
Any termination request must be submitted by email ([email protected]) accompanied by all requisite supporting documents.
Multi-Entry Cards
Multi-entry cards are registered to the holder but it is possible to invite third parties to use them, provided they are accompanied by the primary beneficiary.
No refund shall be granted in the event of non-use.
A client may permanently transfer their multi-entry card to a third party under the same conditions, upon written request by email ([email protected]).
Children's Entries
Children under 12 years of age may only use the facilities under the responsibility of an accompanying adult. Said adult undertakes to remain present for the entire duration of the activity to ensure supervision.
Each person accompanying a child under 12 thereby authorises the child to use the premises.
From the age of 12, children may use the facilities without supervision, subject to prior written authorisation from a parent or legal guardian.
Holiday Camps
Outside the time slots reserved for camp activities, children remain under parental responsibility.
Outside the defined childcare hours, children remain under parental responsibility.
As the participant's place is reserved, missed sessions shall be neither replaced nor refunded, save for the special conditions detailed hereinafter.
The reservation includes a deposit (defined in advance for each service), required to validate the booking. The deposit is non-refundable and applies per reservation and per week.
Cancellation of a camp is permitted up to 30 days before the service date. After this deadline, the full amount is due, irrespective of whether the child participates.
In the event of cancellation after full payment, the deposit of CHF 90 shall not be refunded.
Children's Courses (Kids TEAM and BabyMove)
Outside the time slots reserved for TEAM courses, children remain under parental responsibility.
Enrolled participants have a reserved course place for the selected duration, thereby committing the parent for the full season. It is not possible to freeze a Kids TEAM or BabyMove semester or annual subscription.
The organiser reserves the right to modify course schedules, in particular where enrolment is insufficient.
No refund or reduction shall be granted in the event of absence or occasional illness.
It is possible to make up a course in another time slot, within the same semester only and subject to availability.
Birthday Parties
Outside the time slots reserved for the birthday service, children remain under parental responsibility.
As the birthday slot is reserved, if missed, it shall be neither replaced nor refunded.
A deposit (defined for each service) is required to validate the reservation and is non-refundable.
Full payment is due no later than 30 days before the service date.
Cancellation of a birthday party is permitted up to 30 days before the service date. After this deadline, the full amount is due, irrespective of whether the children participate. In the event of cancellation after full payment, the deposit shall not be refunded.
Adult Courses
Cancellation of a group course must be notified at least 5 days prior to the course start date by email (date of receipt); failing which, the full course fee shall be due.
External Groups
The group leader bears responsibility for the safety of all participants in the group.
Payment of Services
The service amount is determined in accordance with the applicable price list (totem.ch/tarifs).
Advance Payments:
The full subscription amount must be paid by the member at the time of subscription or renewal, prior to the commencement of the service.
Monthly Instalments:
For subscriptions with monthly payment, the instalment must be paid within 10 days of the 1st of each month.
Invoices shall be sent exclusively by email.
Invoicing on Quotation:
For invoices issued pursuant to a quotation, the client undertakes to settle payment within 15 days of the invoice sent by email.
Late Payment:
In the event of serious default, TOTEM reserves the right to terminate the contractual relationship and to exclude the member from future membership.
Following the first reminder, TOTEM reserves the right to suspend the member's access to all services until all outstanding amounts, including reminder fees, have been settled in full.
Reminders shall be sent to the member (reminder fees: first reminder free of charge, first formal notice CHF 25.00, second formal notice CHF 50.00).
Liability
Use of TOTEM's services, including the use of facilities, training equipment and participation in courses, is entirely at the user's own risk and peril.
TOTEM shall not be held liable for any direct or indirect damages.
Obtaining appropriate insurance coverage is the sole responsibility of the user.
TOTEM declines all liability for loss of personal belongings, valuables, money, clothing, etc.
TOTEM further declines all liability for objects left at the reception, in the changing rooms or in the children's area.
The user is liable for any damage caused to facilities and training equipment, as well as for the loss of borrowed items, and shall fully reimburse TOTEM for all repair and/or replacement costs.
The user is obligated to notify TOTEM of any changes to contract-relevant data (e.g. name, address, email) within 14 days.
In the event of inappropriate behaviour on the premises, TOTEM reserves the right to terminate the contractual relationship with immediate effect, without refund, and to exclude the individual from future membership, including by imposing a ban on access to all facilities.
Damage to Infrastructure and Equipment
TOTEM reserves the right to claim compensation for any damage caused.
The client is responsible for rented equipment for the duration of the rental period and must notify reception staff immediately in the event of damage.
In the event of loss, the replacement value of the item shall be invoiced.
Lost and Found
TOTEM recommends that valuables (money, phone, jewellery, etc.) and technical equipment be kept securely in the lockers provided.
TOTEM accepts no liability for items left on its premises.
Where lost items are found, TOTEM undertakes to keep valuables and technical equipment under lock for 12 months, or 1 month and 1 day for clothing. After expiry of this period, the items shall be deemed abandoned and TOTEM shall be free to dispose of them as it sees fit.
Opening Hours and Service Interruption
Facilities and training equipment are made available for non-exclusive use by members during the opening hours indicated for each TOTEM establishment.
TOTEM reserves the right to modify opening hours and days at any time without prior notice.
TOTEM further reserves the right to temporarily close its establishments for maintenance, cleaning, renovation, or special events.
The right to temporarily or permanently close, in whole or in part, one or more establishments or areas is expressly reserved.
An interruption of service shall not give rise to any entitlement to a refund of amounts paid in advance, nor to any extension of the contract duration.
An interruption of service due to force majeure (e.g. fire, epidemics, pandemics, restrictions imposed by the State, strike) and/or government decree or other measure of the State authorities shall not give rise to any entitlement to a refund of amounts paid in advance, nor to any extension of the contract duration.
Safety
The member acknowledges and consents to certain areas of TOTEM facilities being monitored by video surveillance cameras for protection and safety purposes. Changing rooms and sanitary facilities are not subject to video surveillance.
Clients must not be under the influence of alcohol or narcotics when using TOTEM facilities. Smoking and vaping are strictly prohibited in all establishments.
Applicable Law and Jurisdiction
These GTC and any membership contracts concluded thereunder are exclusively governed by Swiss substantive law, to the complete exclusion of the conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
The exclusive place of jurisdiction for any dispute arising out of or in connection with these GTC and the membership contracts is Gland, Switzerland.