TERMS ANS CONDITIONS HEALTH CLUB JORDAAN
Article 1 Applicability
These terms and conditions apply to all Agreements which are concluded between Health Club Jordaan (from now on: HCJ) and the Consumer.
Article 2 The Agreement
The Agreement is adopted through the acceptance of the offer by the Consumer, either by signing the membership form or, when purchasing from a distance through HCJ’s website, by accepting the terms and conditions. The Agreement is strictly personal.
Article 3 Reflection period
- For the duration of a reflection period of 7 calendar days after adopting the Agreement, the Consumer may revoke the Agreement. This right ends the moment that the Consumer accesses HCJ’s location earlier.
- For Agreements adopted through HCJ’s website a reflection period of 14 calendar days after adopting the Agreement applies. During that period the Consumer has the right to revoke the Agreement. If the Consumer accesses HCJ’s location during the reflection period, and he subsequently invokes his revocation right, he will owe HCJ proportional compensation for the period during which he has made use of the latter’s services.
Article 4 Duration and cancellation
- HCJ offers the Consumer the following options:
- An Agreement for 4 weeks (Flex);
- eGym upgrade: for the eGym training circle an upgrade is required, which has a minimum duration of 12 weeks. The upgrade can be canceled with a Written 4 weeks’ notice before the end date of the upgrade.
If the Consumer wants to cancel a Flex Agreement, then he must take into account a 2 weeks’ notice towards the end date of the Agreement, in conformity with section 4 of the present article. If the Consumer wants to cancel a Result or Lifestyle Agreement, then he must take into account a 4 weeks’ notice towards the end date of the Agreement, in conformity with section 4 of the present article.
It applies to all Agreements (and the eGym upgrade) that if the Consumer does not cancel in time, the Agreement will continue indefinitely after its initial duration without prior notice, by 4 weeks at a time. The Consumer can cancel an Agreement for an indefinite period at all times, with a 2 weeks’ notice for a Flex Agreement or a 4 weeks’ notice for the eGym upgrade and Result and Lifestyle Agreements, towards the end of the membership period, in conformity with section 4 of the present article.
– the Consumer can provide Written evidence that he is moving/moved to a different address more than 5 kilometers away from the HCJ’s location.
– it has become impossible for the Consumer, due to a provable injury or illness at the moment of cancellation, to make use of the facilities during the remaining membership period.
Cancellation must take place in writing 4 weeks towards the end of the current 4 week membership period, in conformity with section 4 of the present article. In the event of a cancellation on grounds of a provable injury and/or illness, the notice period will commence at the moment of cancellation under the simultaneous submittal of the required documentation (statement from a physician or other certified specialist) which at least shows that the Consumer is unable to exercise in the foreseeable future due to injury and/or illness.
Article 5 Price and price changes
- The membership fee is established prior to the adoption of the Agreement. HCJ will duly announce price increases 2 weeks in advance.
- In the event of a price increase the Consumer has the right to cancel the Agreement within 2 weeks after notification of that price increase by HCJ. The membership fee paid in advance which regards the period after cancellation will then be refunded by HCJ.
- The option to cancel as described in section 2 is not applicable to price adjustments on the basis of the price index as published by the statistics institute CBS for household consumption, nor to price adjustments which result directly from legislation, such as a VAT increase .
Article 6 Obligations of HCJ
- HCJ guarantees that the facilities and services provided comply with the Agreement.
- HCJ subjects the facilities to the required maintenance.
- HCJ guarantees that the instructors and/or assistants have sufficient knowledge, as may be expected of them.
- HCJ makes sure that sufficient first-aid material is available.
- HCJ takes sufficient measures to prevent damage to or loss of property of Consumers.
Article 7 Obligations of the Consumer
- The Consumer follows the instructions and the house rules issued by HCJ. The house rules can be found on HCJ’s website.
- The Consumer must timely communicate changes in his address, e-mail address, bank account number and phone number to HCJ.
Article 8 Changes
- HCJ can make changes in the facilities, classes and opening hours. If the change is to the disadvantage of the Consumer, the Consumer will have the right for a period of 2 weeks after the made change to cancel the membership without a notice period, unless the change does not justify cancellation. For example when there is a change in instructor. In case aforementioned cancellation is justified, the membership fee paid in advance will be refunded.
Article 9 Certificate of participation
- After payment of the amount due and upon presentation of a valid ID, the Consumer will receive a certificate of participation (club card). It is mandatory to use the certificate of participation to register visits upon entry.
- In case the certificate of participation has gone lost or is damaged, a new certificate must be requested. HCJ has the right to charge reasonable costs for this.
- The certificate of participation is strictly personal and is property of the Consumer. There is no deposit on the card when the Consumer returns it.
Article 10 Payment
- The due membership fees will be invoiced and settled in the established manner.
- In the event of late payment, Consumer will fall into default after being accordingly warned by HCJ in writing and having been offered the opportunity to still settle the amount owed within 2 weeks.
- After expiry of the new payment term, HCJ has the right to apply statutory interest and extrajudicial costs, pursuant to article 6:96 section 2 under c, and section 5 BW (Netherlands Civil Code). Furthermore, HCJ will be authorized to deny the Consumer access to the fitness facilities and to charge the remaining payments at once and in full.
Article 11 Liability
- HCJ is liable towards Consumer for damage resulting from an attributable shortcoming in compliance with his obligations pursuant to the Agreement, and for damage which is at the expense and risk of HCJ. HCJ is not liable for injuries of the Consumer, damage to or the loss of his property, unless there has been unlawful action on HCJ’s part.
- The Consumer is liable towards HCJ for damage resulting from an attributable shortcoming in compliance with his obligations pursuant to the Agreement, and for damage which is at the expense and risk of the Consumer.
Article 12 Applicable law
To all Agreements to which these terms and conditions have been declared applicable, Dutch legislation applies.