Terms And Conditions
Article 1. Definitions
|The Entrepreneur:||THE FITNESSCLUB DELFT, Chamber of Commerce no. 53508106 in The Hague, located Schieweg 89a, 2627 AT in Delft, also referred to as The Fitnessclub and Collector.|
|The Consumer:||natural person who does not act in the exercise of a profession or business and who enters into an agreement with regard to sports or fitness activities, also referred to as a member or The Fitnessclub member.|
|Sport and fitness:||a service aimed at physical and / or mental activity.|
|The Agreement:||agreement between Entrepreneur and Consumer regarding Sports & Fitness, in the form of a subscription chosen by the Consumer.|
Article 2. Applicability
These general terms and conditions apply to the formation and implementation of all agreements regarding fitness and group lessons that are concluded between the Entrepreneur and the Consumer.
The Fitnessclub offers Consumers the opportunity to work on his / her fitness, figure, strength, relaxation, health and / or rehabilitation, among other things, with all the means available for this. The Consumer pays a fee / contribution to The Fitnessclub for this.
Article 3. The offer
- The offer of the Entrepreneur is made in writing or electronically and is valid for a period specified by the Entrepreneur. If no deadline has been set for acceptance, the offer will remain in effect for two weeks from the date.
- The offer includes at least:
- an indication of the possibility to visit the gym (s) and facilities;
- the reflection period, as referred to in Article 5;
- the facilities and guidance that can be used;
- the days and times when the facilities can be used;
- the costs for the subscription and at what time the costs may be increased annually by the Entrepreneur on the basis of Article 8. It is clear from the offer whether it concerns periodic costs or one-off costs;
- the method of payment and the payment term;
- the period of the agreement and the associated notice period or, in the case of a strip card, the period of validity and
- the house rules (the House Rules).
- The description of the offer must be sufficient to enable a proper assessment of the offer by the Consumer.
- The offer of these general terms and conditions is in writing or electronically sealed, which can also be viewed via the website www.thefitnessclubdelft.nl < / li>
- Upon registration, entrance and administration costs are charged.
- It is important that the Consumer provides his / her correct e-mail address because all important communication takes place via e-mail. In this way, the Consumer can be kept informed of all affairs and information regarding The Fitnessclub.
Change of e-mail address must be timely communicated by the user.
Article 4. The agreement
- The agreement is established by signing the agreement.
- The agreement is strictly personal and non-transferable.
- All personal data provided by the Consumer to the Entrepreneur will only be used for administrative purposes and to send digital information of the Entrepreneur and are strictly confidential. This data is not made available for commercial purposes to third parties.
- If The Fitnessclub asks to provide personal data, including data about the health of the Consumer, The Fitnessclub will only collect this data for security reasons and to draw up good and appropriate (fitness) advice for the Consumer. After all, The Fitnessclub can only provide the Consumer with (fitness) advice and / or adequate guidance if The Fitnessclub is aware of the health status and possible limitations. The information of the Consumer regarding his / her health is therefore exclusively used by The Fitnessclub for this purpose. The Fitnessclub will process personal data carefully and will not provide the data to third parties. The collected data will also not be kept longer than necessary and will be immediately removed from the files at the request of the Consumer.
The Fitnessclub will not process his / her personal data without the explicit consent of the Consumer. The Fitnessclub will not collect data from the Consumer if he / she does not have permission. By signing the Consumer agrees to the processing of his / her personal data by the fitness center as referred to above. See Privacy.
- Registration for membership of young people between the ages of 14 and 16 must be made by the parent / guardian and must be co-signed. This registration can only take place at the reception of The Fitnessclub. Persons who enter into this agreement for minors, regardless of position or capacity, are liable for all financial consequences associated with it.
- Young people from 14 to 16 years old can train at The Fitnessclub if they are in possession of a valid The Fitnessclub member pass only under the supervision and responsibility of a training The Fitnessclub member aged 16 or older.
- The agreement starts from the day of registration or a later chosen and agreed date.
Article 5. Reflection period
- During a cooling-off period of one week after signing the agreement, the Consumer has the option to withdraw from the agreement free of charge. The aforementioned right of withdrawal ends earlier if and at the moment that the Consumer uses the sports facilities (if they have come to exercise in that week, the withdrawal will lapse).
- For Agreements that are concluded remotely (such as via the Entrepreneur's website) a reflection period of fourteen calendar days applies. During that period, the Consumer has the option to withdraw from the Agreement free of charge. If the Consumer, at his own request, uses the services of the Entrepreneur during the reflection period and the Consumer subsequently makes use of his right of withdrawal, the Consumer will owe a proportional fee for the period in which the Consumer has used the services of the Entrepreneur.
Article 6. Duration of the Agreement
- The Fitnessclub offers the Consumer a choice of at least a three (3) or twelve (12) calendar month subscription. After expiry of the first term, the subscription will be extended indefinitely, each time with a calendar month until further notice, subject to a notice period of 1 calendar month.
- During the current term, the subscription cannot be canceled or canceled, with the exception of the provisions of Article 7, paragraph 2 and paragraph 4.
Article 7. Cancellation / temporary cessation
- You can cancel in person at the desk, via email or by means of send a letter to our head office: The Fitnessclub Delft attn. member administration, Schieweg 89-a, 2627 AT Delft. Consumer will receive confirmation of cancellation. A cancellation via social media will not be processed! The social media is used by us for marketing purposes and not as a means of communication.
A cancellation with retroactive effect is not accepted. In that case, the receipt date will be used as the cancellation date , taking into account the applicable cancellation period.
- Temporary cessation:
- In addition to the cancellation option, there is a freezing option for the Consumer in the event of an injury / illness, pregnancy or a stay abroad for work, school or internship. If the Consumer cannot make use of the fitness activities for a period of longer than a month, the contract period can be extended consecutively by this period without additional subscription costs being charged for this period. In all cases, proof must be provided.
- In case of an injury / illness this must be a medical statement or statement from the doctor.
- For a stay abroad, the Consumer must submit an employer's statement, a statement from the school or the internship place. A plane ticket is not sufficient proof.
- In case of pregnancy and an injury, the maximum interruption period is 3 months (if longer than 3 months, then in consultation with the management). The period stated in the statement is used for the stay abroad.
- Retroactive interruption is not possible. If the subscription is interrupted in the first contract term, the end date of the subscription will move with the interruption period.
- If the participant, for whatever reason, does not use the facilities in the club without notice, the participant does not release the obligation to pay the membership fee due and does not give the participant the right to any reduction thereof. / li>
- Interim cancellation by the Consumer only possible if:
- the Consumer receives a different home address, outside a radius of 12 kilometers and - as a result of the increased travel time - it is no longer possible for the Consumer to use the sports activities under reasonable conditions. If another branch of the company concerned with equivalent facilities and service level is located within a reasonable travel time from the new place of residence, this situation does not apply.
- it has become impossible for the Consumer as a result of a demonstrable injury or illness to make use of the fitness activities during the remainder of the subscription period. Consumer must submit written proof / statement from the doctor or specialist.
- In case of cancellation as referred to in paragraphs 2 and 4 of this article, the Entrepreneur is entitled to recalculate the subscription fee for the expired subscription period on the basis of the period actually purchased and the associated (higher) subscription fee.
- Early termination by the Entrepreneur is possible with immediate effect if: the Consumer violates one or more provisions of these terms and conditions or of the applicable (internal) regulations, unless the violation does not justify an early termination or the Consumer has acted unlawfully towards the Entrepreneur or towards a contractor of the Entrepreneur. In these cases, the remaining subscription fee will be refunded after deduction of the demonstrable damage suffered by the Entrepreneur.
Article 8. Price and price changes
- The subscription fee is agreed prior to the conclusion of the agreement.
- Any price increases will be sufficiently announced by the Entrepreneur at least 2 weeks in advance.
- If a price increase of subscription costs takes place, the Consumer has the right to dissolve the Agreement within one month after the announcement.
- The possibility of dissolution from paragraph 3 does not apply to price adjustments based on the price index figure for household consumption, nor to price adjustments arising directly from the law, such as those relating to VAT or other costs arising from this, such as administrative costs, etc. < / li>
Article 9. Payment
- The fee will be charged and paid in the manner agreed:
- through continuous mandate through automatic bank debit or through pin at the counter .
- Upon registration, the Consumer pays the month of registration and subsequent costs at the counter. The next month will be charged by automatic bank debit.
- When paying in one go per 1 year, the subscription will switch to automatic bank debit per month after 1 year, unless continued for 1 year and paid in advance in one go.
- By signing the agreement, the Consumer gives permission to The Fitnessclub to send continuous collection orders to its bank to have an amount debited from his / her account due to membership fees and / or purchased services / goods and the bank to continuously issue a to debit the amount from his / her account in accordance with the collection order.
- Upon signing, the consumer agrees that the collector waives prior notice of the collection order.
- The payment by direct debit is collected in advance around the 26th of the calendar month for the following month. If this date falls on a weekend or on a national holiday, the next working day will be started.
- If the Consumer does not agree with a debit, the Consumer can have it reversed. The consumer can contact the bank within eight weeks of the debit and inform the bank about the conditions. A cancellation, as well as a withdrawal of the authorization, does not grant an exemption or postponement of payment.
- In the event of late payment of amounts due, for example as a result of insufficient balance in the bank or reversal for whatever reason or for any other reason of late payment, the Consumer will be in default by operation of law without further notice of default. The Consumer will be informed of this in writing by the Entrepreneur and will then still have the option to pay the amount due within 2 weeks. An administration fee may be charged.
- If the Consumer remains in default, even after having been reminded to still fulfill his / her payment obligations, the option to pay in installments will automatically lapse and all installments due for the remainder of the membership become due and payable.
- In case the Consumer is in default with full payment, the Consumer will owe (among other things) the extrajudicial (collection) costs, as set out below:
- The entrepreneur is entitled to an amount equal to the statutory maximum permitted compensation with regard to the extrajudicial collection costs, as determined in and calculated in accordance with the Decree on compensation for extrajudicial collection costs, insofar as the outstanding day after the commencement of the default-not yet after reminder within 14 days calculated from the day after the day of reminder by the Consumer.
- The extrajudicial costs are as follows:
-minimum rate € 40, -
-15% over the first € 2,500
-10% over the next € 500, -
-5% over the next € 5,000
- If the payment term is exceeded, the Consumer owes the statutory interest on the invoice amount. The interest on the due amount will be calculated from the moment that the Consumer is in default until the moment of payment of the full amount due.
- If the Consumer does not fulfill his payment obligation, the Entrepreneur is authorized to refuse the Consumer access to the fitness center and to take extrajudicial and / or judicial measures to enforce his rights.
Article 10. Obligations of the Entrepreneur
- The Entrepreneur guarantees that the facilities and services provided comply with the agreement.
- The Entrepreneur submits the facilities to the required maintenance.
- The Entrepreneur guarantees that the instructors or supervisors have sufficient knowledge that can reasonably be expected.
- The Entrepreneur ensures that sufficient first aid equipment is available.
- The Entrepreneur takes measures to prevent damage to or loss of property of Consumers, but does not accept any liability in this regard, except for proven shortcomings.
Article 11. Obligations of the Consumer
- The Consumer complies with the instructions and the (household) regulations given by the Entrepreneur.
- The Consumer must report a medical contraindication to fitness to the Entrepreneur.
- The Consumer must follow the instructions of the Entrepreneur q. to follow up the employees appointed by him. The Consumer is not permitted to use equipment or facilities with which the Consumer is not familiar. To inform the Consumer of this to the Entrepreneur, so that the Entrepreneur can provide an explanation.
- The Consumer is not permitted to use the equipment and facilities if he is under the influence of alcohol, drugs, medicines or doping substances. See also art. 7 paragraph 6.
- The Consumer is not allowed to smoke in the premises of the Entrepreneur.
- The Consumer must notify the Entrepreneur in writing or electronically of any changes to the postal address, e-mail address, bank account number and telephone number.
Article 12. Interim changes
- The Entrepreneur can make interim changes to the facilities offered and the Entrepreneur will announce the intended changes in a timely manner in a satisfactory manner.
- In the event of changes, as referred to in paragraph 1 of this article, to the detriment of the Consumer, the Consumer has the right to terminate the subscription without notice during one month after the announcement, unless the change does not justify termination. li >
- The Consumer can upgrade or downgrade the 12-month agreement in the meantime. A change to the subscription always takes effect on the 1st of the following month. The subscription can be upgraded in the current contract year. A new 12-month subscription must be taken out for downgrading. Subscriptions shorter than the 12-month duration cannot be changed.
Article 13. Proof of participation / access pass
- After payment of the amount due, the Consumer will receive proof of participation. The proof of participation consists of a personal access pass that is used, among other things, for registration of the visit and the operation of the lockers in the changing rooms. Therefore, the Consumer must always have the access pass with him during the visit.
- The access pass is personal / strictly personal and not transferable .
- If the access pass is lost or damaged, a new one can be purchased. The Entrepreneur is entitled to charge € 10.00 for this.
Article 14. Risk and liability
- The Entrepreneur is liable to the Consumer for damage as a result of an attributable shortcoming in the fulfillment of his obligations under the agreement and for damage that is at the expense and risk of the Entrepreneur. The Entrepreneur is not liable for damage to or loss of property, insofar as the Entrepreneur has taken measures to prevent damage to or loss of property.
- The Entrepreneur will take out adequate insurance against his business risks. The liability of the Entrepreneur is limited to the amount for which the Entrepreneur can claim payment from the insurance company, with a maximum of 1,000,000 euros per case.
- The Consumer is liable to the Entrepreneur for damage as a result of an attributable shortcoming in the fulfillment of his obligations under the agreement and for damage that is at the expense and risk of the Consumer.
- The Consumer is aware that the practice of sports entails risks and declares that he / she will take at his / her own risk any accident, injury or damage that may occur as a result of the present sports instruction at The Fitnessclub.
Article 15. Applicable law
All agreements to which these terms and conditions have been declared applicable are subject to Dutch law, unless otherwise determined on the basis of mandatory law. The General Terms and Conditions and house rules of The Fitnessclub can be found on the website www.thefitnessclubdelft.nl and can be requested at the reception of The Fitnessclub. P >
Article 16. In conclusion
By signing the agreement, the Consumer declares these General Terms and Conditions and House Rules from The Fitnessclub. These General Terms and Conditions and house rules govern the legal relationship between The Fitnessclub and the Consumer.
The Fitnessclub attaches great importance to the protection of personal data. In this privacy statement, as described in a separate chapter Privacy, we want to provide clear and transparent information about how we handle personal data of Consumers.