Terms and conditions (updated on 13 july 2020)
Article 1 Definitions
The Business: natural or legal person who enters into an Agreement with NL Actief regarding Fitness.
The Consumer: natural person not acting from the exercise of a profession or business, who enters into an Agreement regarding Fitness.
Fitness: a service focusing on physical and/or mental activity
The Agreement: Agreement between the Business and the Consumer regarding Fitness.
Written: intended by written are both hard (paper) and digital copies
Article 2 Applicability
These terms and conditions apply to the adoption and implementation of all Agreements regarding Fitness, which are concluded between the Business and the Consumer.
Article 3 The Agreement
The Agreement is closed when the Consumer has accepted the Business’ offer in writing. The Agreement is strictly personal.
Article 4 Reflection period
1. After signing the Agreement, the Consumer has a 1 week reflection period, in which he may revoke the Agreement free of charge. This revocation right ends if the Consumer visits the fitness location earlier.
2. For Agreements adopted from a distance (for instance through the website of the Business), a reflection period of 14 calendar days applies. During that term, the Consumer has the right to revoke the Agreement free of charge. In case the Consumer visits the fitness location earlier and he subsequently invokes his revocation right, he will owe the Business proportional compensation for the period in which he has made use of the latter’s services.
Article 5 Duration and termination
1. The Business at least offers the Consumer the following options:
– an Agreement for 3 months or less, and;
– an Agreement of longer duration.
If the Consumer wishes to cancel an Agreement then he must – unless agreed otherwise – do so taking into account a 4 week notice period. If the Agreement is for 28 weeks or 1 year then the Agreement can only be canceled after the full initial period, also taking into account a 4 week notice period.
2. If the Consumer does not cancel on time (Written), after the initial period is over the Agreement will extend without prior notice and by 4 weeks at a time for an indefinite period. The Consumer can cancel an Agreement for an indefinite period at all times, taking into account a notice period of 4 weeks.
3. An Agreement for less than 1 year cannot be canceled before the full initial period. An Agreement for 1 year or longer can be canceled in the initial period but only if:
– the Consumer (supported with Written evidence) is moving to a different address at least 4 kilometers from the location of the Business and – as a result of the increased travel time – it is no longer possible for the Consumer to make use of the facilities.
– the Consumer cannot make use of the facilities for the remainder of the membership because of a provable injury or illness.
The cancelation needs to be in Writing and taking into account a 4 week notice period. If the cancelation is based on an injury or relocating, the notice period commences when the Consumer provides the Business with written evidence (proof of moving or a statement from a physician or other medical specialist which shows that the Consumer is unable to make use of the facilities in the foreseeable future).
4. The Consumer must cancel the Agreement in Writing, after which the Business will also confirm the cancelation in writing. Without Written evidence the Business cannot assume that a cancelation did take place. In that case the Consumer is still a member and therefore obligated to pay the membership charges.
5. In case of a cancelation as intended in paragraph 3, the Business has the right to recalculate the charges based on the actually enjoyed membership period and the corresponding, higher membership charges. If the Consumer received extra time free of charge due to a promotional offer related to a longer membership this will become forfeit. The Business will charge this in retrospect.
6. Besides the possibility to cancel the Agreement as intended in article 3, the Consumer also has the option to freeze an Agreement for 1 year or longer if he is unable to use the facilities for 4 weeks or longer due to a provable injury or illness. The contract period can then be extended with the same period and free of charge. Freezing commences when the Business has received Written evidence (statement from a physician or other medical specialist which shows that the Consumer is unable to make use of the facilities). Freezing the Agreement in retrospect is not possible.
7. The Business can cancel the Agreement without a notice period when:
– the Consumer violates these terms and conditions or the house rules, unless the violation does not justify cancelation or;
– the Consumer has behaved unacceptable or unlawful against the Business or another member.
The Business will then not refund the collected or remaining membership charges. This does not exempt the Consumer from any possible damages done by him.
8. If the Business terminates the business premature cancelation by the Business if possible, taking into account a 4 week notice period. Any possible membership charges collected for periods after the termination will be refunded by the Business.
Article 6 Rates and rate changes
1. The membership charges are agreed upon when closing the Agreement.
2. The Business has the right to increase the rates with immediate effect but after a Written notice at least 2 weeks in advance.
3. In the case of a rate increase, the Consumer has the right to cancel the Agreement within 2 weeks of receiving the Written notice from the Business. Any paid membership charges for periods after the cancelation will be refunded by the Business. The membership charges owed by the Consumer will be recalculated based on the actual period of use.
4. The possibility to cancel the Agreement as intended in paragraph 3 does not apply to rate increases as a result of changes in the price index as published by the statistics institute CBS for household consumption, nor to rate adjustments which result directly from legislation, such as a VAT increase, unless such a rate increase is announced within 12 weeks after adoption of the Agreement. In the latter case, the Consumer has the right to rescind the Agreement until 12 weeks after adoption of the Agreement. The membership charges paid in advance for periods after cancelation will be refunded by the Business. The membership charges owed by the Consumer will however be recalculated based on the actual membership period of use.
Article 7 Obligations for the Business
1. The Business is responsible for making sure that the facilities and services meet the Agreement.
2. The Business will perform required maintenance.
3. If the Business hires instructors he will make sure that they have the proper knowledge and experience.
4. The Business has sufficient first aid kits.
5. The Business follows the quality protocol of NL Actief, knowing the ‘NL Actief certification’ including the doping convent.
6. The Business has measures in place to prevent damages and theft.
Article 8 Obligations for the Consumer
1. The Consumer will at all times follow the house rules and instructions from staff members.
2. The Consumer is obligated to inform the Business in case of any medical conditions that might affect Fitness.
3. The Consumer is not allowed to use equipment that he is not familiar with without guidance from the Business.
4. The Consumer cannot access the facility under the influence of alcohol, drugs or medication that might be dangerous in combination with exercise. Steroid use and smoking are also not allowed.
5. The Consumer has to inform the Business of any changes in email, phone number and bank account number.
Article 9 Premature changes
1. The Business can make changes in the terms and conditions, facilities and services. The Business will announce changes at least 2 weeks in advance.
2. If changes as intended in paragraph 1 are to the disadvantage of the Consumer, the Consumer has the right to cancel the Agreement without a notice period but only within 2 weeks after the announcement has been made and if the change justifies cancelation. The Business will then refund any paid membership charges for periods after the cancelation.
Article 10 Proof of membership
1. After paying the membership charges and showing a valid ID, the Consumer receives proof of membership in the form of a club card. This card has to be used to check-in for each visit upon entry.
2. If the club card is lost or damaged, the Business can provide a new card for a reasonable fee.
Article 11 Payment
1. The owed membership charges will be charged and paid as agreed.
2. If the Consumer does not pay (on time) he is at fault if he received Written notice and the possibility to pay the amount owed within 2 weeks after receiving the notice.
3. If the Consumer does not pay the amount owed within the set term, the Business can charge interest and legal fees based on article 6:96 section 2 under C and section 5 BW (Dutch legislation). Furthermore, the Business has the right to deny access to the Consumer.
Article 12 Liability
1. The Business can be held liable by the Consumer for any damages as a result of an attributable shortcoming in the compliance with the obligations from the Agreement or for damages that are the risk of the Business. The Business cannot be held liable for damage to or the missing of personal belongings of the Consumer, unless otherwise agreed upon or if the Business acted unlawful.
2. The Business has insurance against their risks. The liability for the Business is limited to the insured amount plus their own risk.
3. The Consumer can be held liable by the Business for any damages as a result of an attributable shortcoming in the compliance with the obligations from the Agreement or for damages that are the risk of the Consumer.
Article 13 Applicable law
Dutch legislation applies to all Agreements to which these terms and conditions apply, unless mandatory legislation stipulates otherwise.