Date: January 8, 2021
Artikel 1 Definitions
Additions: the service(s) in addition to the Facilities which can be purchased by the Participant for an additional fee.
Facility: made available for the performance of an activity.
Participant: any person who has entered into a Participant Agreement with SwimGym, but also every participant in a trial lesson and other persons who use the facilities of SwimGym.
Participant Agreement: the agreement between SwimGym and a Participant based on which the Facilities and Additions are made available by SwimGym to the Participant.
Personal data: all data related to the Participant as provided by the Participant to SwimGym.
SwimGym: the private limited liability company under the laws of the Netherlands SwimGym B.V., established in Amsterdam with its offices in (1091 GL) Amsterdam at the Wibautstraat nr. 131B. Chamber of Commerce registration number: 67958311.
SwimGym pass: the entrance pass to enter SwimGym.
Website: the SwimGym websites www.swimgym.nl and www.swimgym.com.
Written: both analogue and digital, or any other data carrier.
Article 2 Applicability
2.1 These Terms and Conditions apply to the establishment and implementation of all agreements regarding the use of the Facilities and Additions concluded between SwimGym and the Participant.
Article 3 Participant Agreement
3.1 A Participant Agreement is entered into when:
i) the Participant has provided all the required information and has (electronically) signed for approval; or
ii) the Participant makes use of the Facilities and/or Additions.
The Participant Agreement is strictly personal.
3.2 Unless otherwise agreed upon, a Participant Agreement is entered into for an undetermined time and can be terminated in accordance with article 10 of these Terms and Conditions.
3.3 If the Participant Agreement is entered into by subscribing to a membership on the Website, the Participant shall have a period of fourteen days to withdraw from that agreement without a statement of reason or extra costs.
3.4 The Participant withdrawing in accordance with article 3.3 has the right to the refund of all payments made to SwimGym unless the Participant has already made use of the Facilities and/or Additions.
3.5 The Participant Agreement, the Terms and Conditions and the current product condition as published on the SwimGym-website together form the complete representation of the rights and obligations of SwimGym and the Participant and replace all earlier written and/or verbal announcements, agreements and all other correspondence.
3.6 Rights and obligations under the Participant Agreement and these Terms and Conditions cannot be transferred in whole or in part.
3.7 If the Participant enters into a new or additional Participant Agreement, then these Terms and Conditions and the current product conditions as published on the SwimGym website apply without reservation unless explicitly otherwise agreed upon in writing.
3.8 A person younger than 18 years old cannot enter into a Participant Agreement.
3.9 By using the Facilities and / or Additions of SwimGym, the Participant confirms that he/she at least meets the requirements of the Dutch swimming certificate A, as laid down in the Rules, Guidelines and Exam Programs Swimming ABC for Licensees of the National Swimming Pools Platform or that the Participant, in the opinion of SwimGym, has sufficient swimming skills. The Participant must have followed a trial lesson or a personal training session before being definitively admitted as a Participant.
Article 4 Membership
4.1 Membership starts on the first day of the first term and continues until the Participant Agreement ends in the agreed manner.
4.2 The Participant Agreement indicates the type of membership for which an agreement has been entered into.
Article 5 Payment
5.1 Payments to SwimGym must be made in accordance with the Participant Agreement. In any case, the costs associated with the membership must be paid to SwimGym before the Participant uses the Facilities and / or Additions that are the subject to the Participant Agreement.
When the Participant Agreement relates to Facilities and / or Additions for which a periodic payment must be made, the payment must be made by monthly direct debit in the first week in which the Facilities and / or Additions are used.
5.2 SwimGym is entitled to charge extrajudicial collection costs if the Participant fails to meet payment obligations in time.
5.3 Save for when article 3.4 is applicable, payments made by a Participant in accordance with a Participant Agreement shall not be refunded.
5.4 In the event that the Facilities and / or Additions cannot be used or cannot be fully used as a result of an indication from the competent authority, technical malfunction or other circumstances that can be regarded as force majeure, a Participant is not entitled to a refund of prepaid funds outside of compensation to be reasonably determined by SwimGym.
Article 6 SwimGym pass
6.1 The SwimGym pass is property of SwimGym and can be used only by the Participant and for the duration of the membership.
6.2 SwimGym can at all times ask for identification to verify that the SwimGym pass belongs to the Participant.
6.3 The SwimGym pass provides access to the agreed number of training sessions for the duration of the Participant Agreement.
6.4 If the Participant loses the SwimGym pass, it gets stolen or damaged otherwise than by normal use, a new SwimGym pass can be requested at the reception. The original SwimGym pass will be blocked.
SwimGym is entitled to charge a reasonable fee for a replacement SwimGym pass. The new SwimGym pass is activated as soon as the fee has been paid. Loss or damage does not suspend the payment obligation.
Article 7 Training schedules
7.1 In order to use the Facilities and / or Additions, the Participant must make a reservation in advance, it is not allowed to make a reservation by means of automatic bots. A maximum of one reservation for a group activity is allowed per day (SWOD).
7.2 To make a reservation as referred to in Article 7.1, the Participant must be in possession of credits associated with the membership. The validity of credits differs per product and laid down in the product conditions. With an unlimited membership, the number of credits is determined on the basis of reasonable use, at the discretion of SwimGym.
7.3 If the Participant intends not to use the Facilities and / or Additions despite a reservation, the Participant must cancel the reservation. The Participant can cancel a reservation free of charge up to eight hours before the start time of the activity. The cancellation is only free of charge for an individual activity or a trial lesson, up to 24 hours before the start time. For booked events such as Training Day, Clinics or workshops, cancellation applies in accordance with the purchase conditions.
7.4 If no timely cancellation has taken place, the activity which is not followed will be considered as followed.
7.5 If no cancellation has taken place more than twice, SwimGym will impose from the third time on a fine of EUR 7.50 every time the Participant does not cancel the reservation. SwimGym also has the right to change or suspend the Participant Agreement.
7.6 SwimGym has the right to change the group and training schedules.
Article 8 Lockers
8.1 Taking personal property to SwimGym is at the Participants own risk. Use of lockers is at the Participants own risk. SwimGym accepts no liability for loss or theft of property.
8.2 If the Participant loses or damages a key for a locker, the costs of replacing or repairing the key will be borne by the Participant.
8.3 The Participant is liable for the costs of repairing a locker that has been damaged as a result of negligence or deliberate recklessness.
8.4 Lockers may be used for the period in which the Participant is present at the SwimGym location.
8.5 SwimGym has the right to remove the contents of a locker when this locker is in use after closing time. SwimGym stores the contents of a locker in this situation for fourteen days.
8.6 Found property must be immediately handend off to a SwimGym employee. Lost properties are kept in custody by SwimGym for a maximum of two weeks.
8.7 There may be costs associated with the use of a locker.
Article 9 Risk and liability
9.1 By using the Facilities and / or Supplements, following a training program and / or participating in activities of any kind, including but not limited to swimming, at any location, including but not limited to the Facilities, the Participant accepts that SwimGym has excluded any liability and that the activities are carried out at the risk of the Participant, his or her guest, or visitor.
9.2 If the Participant is being trained, and/or participates in activities of any kind, including but not limited to swimming, by a SwimGym employee at any location, including but not limited to the Facilities, the Participant is obligated to alert the employee about physical conditions the trainer should reasonably be aware of, such as injury or illness before, during and after the training.
9.3 Neither SwimGym nor it’s employees accept liability for material or immaterial damage or (sport related) injury caused to a Participant and/or third parties.
9.4 Neither SwimGym nor it’s employees accept liability for any damage to or loss or theft of property of a Participant or a third party.
9.5 The Participant is liable for damage to the Facilities, locations or properties of SwimGym caused as a result of improper use, misconduct or intent of the Participant, as well as for injury to employees that is a direct result thereof.
9.6 The limitation to liability also extend to SwimGym employees and any other entities assisting SwimGym in executing the Participant Agreement.
Article 10 Termination of the Participant Agreement
10.1 When a Participant Agreement has been concluded for an undetermined period of time, the Participant Agreement has a minimal duration of two calendar months and can be terminated with due observance of a notice period of at least one calendar month. The cancellation must only take place via the website or via the SwimGym app. The Participant will automatically receive a confirmation of receipt with a date on which the membership ends. A Participant who has not received a confirmation of receipt must immediately contact SwimGym for unambiguous confirmation of the cancellation.
10.2 If a Participant Agreement has been concluded for a definite period of time and the Participant does not cancel the Participant Agreement in time, the Participant Agreement for a definite period automatically continues into a SwimGym monthly membership at the applicable rate and conditions. The Participant can terminate the Participant Agreement in accordance with Article 10.1.
In addition to the above, a punch card, trial lesson, (non) member personal training, drop-in, clinic, training day or events will end after the specified time without automatic extension. The access credit (s) expire after the expiry of the specified time as stated in the Participant Agreement.
10.3 In the event of illness, injury or pregnancy of the Participant, the Participant Agreement or at least the associated payment obligations can be suspended after the Participant has submitted a doctor's statement to SwimGym and this has been accepted by SwimGym. The suspension has a minimum duration of two months and a maximum duration of six months. The Participant Agreement cannot be canceled during suspension. In case of a Participant Agreement for the duration of one calendar year, the membership is extended for the duration of the suspension.
10.4 SwimGym is entitled to terminate the Participants Agreement with or without immediate effect when (non-exhaustive):
- the Participant acts in violation of the general Terms and Conditions or violates the published SwimGym house rules; or
- a third party uses the Facilities and / or Additions by posing as a Participant, for example by using a SwimGym pass and the Participant is aware of this or should be aware of this; or
- in the event of a conflict with a Participant, SwimGym cannot reasonably be expected to continue the membership.
10.5 When SwimGym receives a complaint about improper behavior or when the Participant behaves improperly, SwimGym has the right to suspend the Participant and start an investigation. SwimGym may terminate the membership on the basis of this investigation.
10.6 When a membership is terminated for a reason stated in Article 10.4 or 10.5, SwimGym reserves the right to use (part of) the received payment(s) for costs incurred by SwimGym. SwimGym will not process any future membership requests from the former Participant and the former Participant will be denied access to SwimGym.
10.7 If a Participant Agreement for a definite period of time is terminated before the end of the agreed membership period for a reason by all means stated in Article 10.4 or 10.5, the Participant remains due the payment for the period for which the membership was entered into.
10.8 If SwimGym ceases its activities, early termination by SwimGym is possible with due observance of a notice period of one calendar month. In that case, the payment obligation for the remainder of the membership expires.
Article 11 Changes
11.1. SwimGym can annually change the membership rates agreed on in the Participant Agreement. Adjustments of rates due to government measures can be implemented immediately irrespective of the amount.
11.2. If SwimGym intends to increase membership rates, it informs the Participant one month in advance. SwimGym will make this announcement to the Participant by means of a (digital) letter, via the site and by means of a statement on the information boards at SwimGym. The Participant is offered the opportunity to terminate the Participant Agreement with due observance of a reasonable period of no less than one calendar month.
11.3. SwimGym can amend these Terms and Conditions at all times, as long as those changes do not disproportionately affect the rights of Participants.
11.4. Different opening times and schedules may apply, for example but not exclusively during calamities or holidays or due to maintenance. The (changed) opening times and schedules can be found on the website and the SwimGym app.
11.5 The nature of the company means that SwimGym has to carry out major maintenance for at least one week per year, with the result that it has to temporarily close the facility. In that case the Participant is not entitled to a refund of the membership in addition to any compensation to be reasonably determined by SwimGym. In such a case SwimGym will give as much opportunity as possible to make up for missed training sessions as a result of the closure.
Article 12 Complaints
12.1 A complaint is submitted to a host or hostess. If the Participant is not satisfied with his or her reaction, the Participant contacts the duty manager. If this does not lead to a solution, the Participants steps to the management of SwimGym.
13.1. The Participant provides Personal data to SwimGym.
13.2. SwimGym processes the personal data provided by the Participant and stores the personal data while using the SwimGym Online Coaching Program.
13.3 By agreeing to these Terms and Conditions, the Participant gives SwimGym permission to process the personal data provided. SwimGym always processes personal data in accordance with the General Data Protection Regulation (Algemene Verordening Gegevensbescherming).
SwimGym destroys all personal data provided by the (inactive) Participant when a written request for cancellation is received after termination of the membership, but no longer than SwimGym needs for keeping proper administration and no longer than is necessary.
13.4. By agreeing to these Terms and Conditions, the Participant gives SwimGym permission to send offers and special promotions by e-mail or other means unless the Participant indicates otherwise.
13.5 For processing personal data, SwimGym can engage with service providers (processors) who process personal data exclusively on behalf of SwimGym. A processor agreement is concluded with the service provider. This agreement meets the requirements set by the General Data Protection Regulation (AVG). An example of a processor is an IT service provider who offers support in keeping SwimGym systems safe and stable. The data is processed in compliance with the terms and conditions of that third party. SwimGym accepts no liability.
Article 14 Dispute settlement
14.1 If any of the provisions of these Terms and Conditions are found to be unenforceable or void, the remainder shall be enforced as fully as possible.
14.2 The legal relationship between the Participant and SwimGym is governed by Dutch law.
14.3 Disputes arising in connection to that legal relationship between the Participant and SwimGym will be settled exclusively by the competent court in Amsterdam.
Article 15 Incorporation clause
15.1 The Terms and Conditions of Yellow Lane B.V., known as SwimGym.com, are an integral part of these Terms and Conditions. These Terms and Conditions can be found on the Website.
15.2 The SwimGym House Rules are an integral part of these Terms and Conditions.
Date: September 23rd, 2021
Date: January 8, 2021
Article 1 Contact details
1.1 SwimGym B.V. (SwimGym) is the controller and is located in (1091 GL) Amsterdam on the Wibautstraat no. 131B. SwimGym can be reached by telephone on 020 3331016 and by e-mail via email@example.com.
Article 2 Applicability
2.1 This Privacy Statement applies to all whose personal data is processed by SwimGym, with the exception of those who work at SwimGym. This Privacy Statement does not apply to (temporary) employees and applicants.
2.2 This Privacy Statement applies to:
all other persons who contact SwimGym or from whom SwimGym processes personal data.
Article 3 Types of personal data
3.1 The following personal data is being processed:
3.2 Personal data provided by the Participant means:
3.3 Personal data obtained via or generated by the website, electronic newsletters and commercial e-mails or related technology means:
3.4 Personal data obtained from other sources means:
Article 4 Use of personal data
4.1 Personal data is used by SwimGym for different purposes:
4.2 The following data is analyzed by SwimGym:
Article 5 Legal basis
5.1 A controller may only process personal data if this can be based on one of the limitative listed legal grounds in the General Data Protection Regulation (Algemene Verordening Gegevensbescherming (AVG)). The four legal bases on which SwimGym relies are:
Article 6 Processors
6.1 For processing personal data, SwimGym can engage with service providers (processors) who process personal data exclusively on behalf of SwimGym. A processor agreement is concluded with the service provider. This agreement meets the requirements set by the General Data Protection Regulation (AVG). An example of a processor is an IT service provider who offers support in keeping SwimGym systems safe and stable.
6.2 The data is processed in compliance with the terms and conditions of that third party. SwimGym accepts no liability.
Article 7 Sharing of personal data with third parties
7.1 It may be necessary to share personal data of the Participant with third parties, for example because of a court decision or any other legal obligation.
7.2 Personal data can be provided to third parties in the event of a reorganization or merger of SwimGym or the sale of (a part of) the company of SwimGym.
7.3 Personal data is not shared with third parties for commercial purposes.
Article 8 Cookies
8.2 Functional (necessary) cookies are placed via the websites of SwimGym as well as analytical cookies, cookies related to social media options and tracking cookies for offering relevant content.
8.3 The Participant can set the browser in such a way that no cookies are stored, that the Participant can allow or refuse any cookie or that all cookies are deleted when the browser is closed. Cookies are placed on every computer which the Participant uses to visit the websites. If the Participant does not wish to receive cookies, the Participant must adjust the settings on all computers which are being used by the Participant. If the Participant refuses and/or removes cookies, this also affects the strictly necessary cookies. This can place limitations on the possibilities to use the websites or parts thereof.
9.1 A Participant may exercise his rights based on the law with regard to personal data. For example, the Participant has the right to view, correct and delete personal data. The Participant can also object to the use of data or request SwimGym to limit this use. In certain cases, the Participant may request data. SwimGym can be reached by telephone on 020 3331016 and by e-mail via firstname.lastname@example.org.
10.1 In the event of complaints concerning the handling of personal data, SwimGym can be reached on 020 3331016 and by e-mail via email@example.com. If a solution cannot be found, the Participant can turn to the Dutch Data Protection Authority (de Autoriteit Persoonsgegevens).
Article 11 Changes
11.1 SwimGym informs Participants about major changes to regulations via the website.