General conditions

Terms and Conditions | General Terms and Conditions of Delivery NL Actief

 

These General Terms and Conditions of Delivery of NL Actief have been drawn up in consultation with the Dutch Consumers' Association within the framework of the Coordination Group for Self-Regulation Consultation of the Social and Economic Council and will come into effect on January 1, 2012.

 

Article 1 Definitions

Sportcentrum Hoorn SCH: Natural or legal person who, as a member of NL Actief, enters into an agreement concerning fitness activities.

The Member: Natural person who is not acting in the course of a profession or business and who enters into an agreement relating to fitness activities.

Fitness: A service focused on physical and/or mental activity. The Agreement: Agreement between SCH and the Member regarding fitness.

 

Article 2 Applicability

These General Terms and Conditions of Delivery apply to the conclusion and execution of all agreements concerning Fitness that are concluded between SCH and the Member.

 

Article 3 The offer

1. SCH's offer is made in writing or electronically and is valid for a period specified by SCH. If no period for acceptance is specified, the offer remains valid for two weeks after the date of issue.
2. After the offer has been made, the Member completes a medical questionnaire provided by SCH.
3. The offer shall include at least:

– Mention of the possibility to view the fitness room(s) and facilities;

– The cooling-off 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 of the subscription and the consequences for the costs in the event of early termination on the basis of Article.

4. The offer clearly states whether the costs are periodic or one-off;

– At what point the costs may be increased annually by SCH pursuant to Article 7;

– The method of payment and the payment term; – The term of the Agreement and the associated notice period or, in the case of a strip card, the period of validity; and

– The internal regulations.

5. The description of the offer must be sufficient to enable the Member to properly assess the offer.
6. The offer shall be accompanied—in writing or electronically—by a copy of these general terms and conditions.

 

Article 4 The Agreement

The Agreement is concluded upon signing the offer. The Agreement is strictly personal.

 

Article 5 Cooling-off period

During a cooling-off period of one week after signing the Agreement, the Member has the option to revoke the Agreement free of charge. The aforementioned right of revocation ends at the moment the Member makes use of the fitness facilities. For Agreements concluded entirely at a distance (such as via the Entrepreneur's website), a cooling-off period of fourteen calendar days applies.

 

Article 6 Duration and termination

1. SCH offers the Member at least the following options:

– An agreement of 3 months or less and;

– A long-term agreement. Unless otherwise agreed, the agreement must be terminated for a period of 1 year or less, subject to a notice period of 1 month before the end of the subscription period, in accordance with paragraph 4 of this article. If notice of termination is not given in time, the Agreement will be continued for an indefinite period after the agreed period. An agreement for an indefinite period may be terminated at any time with one month's notice, in accordance with paragraph 4 of this article.

2. If the Agreement is concluded for a period longer than one year, the Member shall have the option to terminate the Agreement after one year, subject to a notice period of one month, in accordance with paragraph 4 of this article.
3. Early termination by the Member is possible if:

– The Member moves to a different residential address and, as a result of the increased travel time, it is no longer possible for the Member to make use of the fitness activities under reasonable conditions. If another branch of the company in question with equivalent facilities and service levels is located within a reasonable travel time from the new place of residence, then this situation does not apply.

– It has become impossible for the Member to use the fitness activities for the remainder of the subscription period as a result of a demonstrable injury or illness.

This termination must be effected with due observance of the one-month notice period to the end of the month, all in accordance with paragraph 4 of this article.

4. The Agreement must be terminated in writing or, if the Agreement was entered into digitally, digitally or in writing.
5. In the event of termination as referred to in paragraphs 2 and 3, SCH is entitled to recalculate the contribution for the subscription period that has elapsed on the basis of the actual period used and the associated demonstrable (higher) subscription contribution and/or registration fee.
6. In addition to the termination option referred to in paragraph 3, the Member also has the option of freezing their membership. If the Member is unable to use the fitness facilities for a period of more than one month due to a demonstrable injury or illness, the contract period will be extended by this period without any additional membership fees being charged for this period.
7. SCH may terminate the agreement with immediate effect if:

– The Member violates one or more provisions of these terms and conditions of the applicable (internal) regulations, unless the violation does not justify interim termination; or

– The Member has behaved unlawfully towards SCH or towards a contractor of SCH. In such cases, the remaining subscription fee will be refunded, less any demonstrable damage suffered by SCH.

8. If SCH terminates its business, SCH may give notice of termination during the term of the agreement, subject to a notice period of one month. In that case, the remaining subscription fee will be refunded.

 

Article 7 Price and price changes

1. The subscription fee is agreed in advance.
2. Any price increases will be announced by SCH two weeks in advance.
3. If a price increase occurs, the Member has the right to terminate the Agreement within 4 weeks of the announcement. The prepaid subscription fee will be refunded.
4. The option to terminate the Agreement referred to in paragraph 3 does not apply to price adjustments based on the CBS price index for household consumption, nor to price adjustments that result directly from legislation, such as those relating to VAT. If this price increase takes place within 3 months of the conclusion of the Agreement, there is a right to terminate the Agreement as referred to in paragraph 3.

 

Article 8 Obligation of SCH

1. SCH guarantees that the facilities and services provided comply with the Agreement.
2. SCH subjects the facilities to the required maintenance.
3. SCH guarantees that coaches or supervisors have sufficient knowledge that can reasonably be expected.
4. SCH ensures that sufficient first aid supplies are available.
5. SCH will adhere to the quality protocol of NL Actief, namely: "Lerf Basis" (source: www.keurmerkfitness.nl), which also includes the anti-doping agreement.
6. SCH takes measures to prevent damage to or loss of members' property.

 

Article 9 Obligations of the Member

1. The Member shall comply with the instructions given by SCH and the (internal) regulations.
2. The Member must notify SCH of any medical contraindications to fitness.
3. The Member must follow the instructions of SCH or its designated employees. The Member is not permitted to use equipment or facilities with which the Member is unfamiliar. If the Member is unfamiliar with one or more pieces of equipment or facilities, he must inform SCH so that SCH can provide an explanation.
4. Members are not permitted to use the equipment and facilities if they are under the influence of alcohol, drugs, medication, or substances classified as doping.
5. Members are not permitted to smoke in the fitness room provided by SCH.
6. The Member must notify SCH in writing or digitally of any changes to their postal address, email address, bank account number, and telephone number in a timely manner.

 

Article 10 Interim changes

1. SCH may make interim changes to the facilities offered, class schedules, programs, and opening hours. SCH will announce the proposed changes at least 4 weeks in advance in a satisfactory manner.
2. In the event of changes as referred to in paragraph 1 that are to the detriment of the Member, the Member has the right to terminate the subscription without notice within four weeks of notification, unless the change does not justify termination. If the aforementioned termination is justified, the prepaid subscription fee will be refunded.

 

Article 11 Proof of participation

1. After payment of the amount due and upon presentation of valid identification, the Member will receive a certificate of participation. Upon request, the certificate of participation will be used to register the visit upon arrival.
2. If the proof of participation has been lost or damaged, a new proof can be requested. SCH is entitled to charge reasonable costs for this.

 

Article 12 Payment

1. The subscription fees owed will be charged and paid in the manner agreed upon.
2. In the event of late payment, the Member shall be in default by operation of law. SCH shall notify the Member of this in writing, and the Member shall then still have the opportunity to pay the outstanding amount within two weeks.
3. After the new payment date has passed, SCH is entitled to charge statutory interest and reasonable (extrajudicial) costs pursuant to Article 6:96(2) of the Dutch Civil Code, all this from the date on which the original payment date expired. Furthermore, SCH is authorized to deny the Member access to the fitness facilities.
4. If the Member fails to meet its payment obligations, SCH is entitled to take legal action.

 

Article 13 Liability

1. SCH is liable to the Member for damage resulting from an attributable failure to fulfill its obligations under the Agreement and for damage that is at SCH's expense and risk. SCH is not liable for damage to or loss of property, insofar as SCH has taken measures to prevent damage to or loss of property.
2. SCH will take out adequate insurance against its business risks. The coverage of this insurance amounts to at least €1,000,000 per case. SCH's liability is limited to the insured amount, plus the deductible.
3. The Member is liable to SCH for damage resulting from an attributable failure to fulfill its obligations under the Agreement and for damage that is at the expense and risk of the Member.

 

Article 14 Complaints

1. SCH has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
2. The Member must submit complaints about the performance of the Agreement to SCH as soon as possible—but no later than two months after the Member has discovered the defects—unless this cannot reasonably be expected of him. These complaints must be fully and clearly described and accompanied by any evidence.
3. Failure to submit a complaint in a timely manner may result in the Member losing their rights in this regard.
4. SCH will respond to complaints submitted by Members as quickly as possible, but no later than four weeks from the date of receipt. If a complaint requires a foreseeable longer processing time, SCH will respond immediately with a confirmation of receipt and an indication of the period within which a more detailed response can be expected.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the Dispute Resolution Procedure.

 

 

 

Article 15 Disputes Committee

1. Disputes between SCH and Member relating to:

– the conclusion of agreements or;

– The implementation of agreements may be brought before the Sports & Exercise Disputes Committee, Bordewijklaan 46, 2509 LP The Hague (www.degeschillencommissie.nl), by both the Member and SCH.

2. A dispute will only be considered by the Disputes Committee if the Member has first submitted their complaint to SCH in full and clearly described in accordance with Article 14.
3. A dispute must be submitted to the Disputes Committee within 12 months of the date on which the consumer submitted the complaint to the entrepreneur. The dispute must be submitted in writing, stating the name of the Member and SCH, a clear and complete description of the dispute, and any evidence.
4. When the Member submits a dispute to the Disputes Committee, SCH is bound by this choice. If SCH wishes to submit a dispute to the Disputes Committee, it must ask the Member to indicate within five weeks whether it agrees to this. SCH must announce that, after the aforementioned period has expired, it will consider itself free to bring the dispute before the court.
5. Disputes relating to non-payment of the subscription fee that are not based on a substantive complaint, or relating to death, physical injury, or illness, shall be settled by the court, to the exclusion of the Disputes Committee.
6. The Disputes Committee will issue its ruling in accordance with the provisions of its regulations. The regulations of the Disputes Committee will be sent on request. A fee is payable for the handling of a dispute.
7. The committee issues its ruling in the form of a binding opinion. The ruling is binding on both parties. The binding opinion can only be overturned by submitting it to the court within two months of its dispatch. The court can only overturn the binding opinion if the ruling is unacceptable in terms of its content or the manner in which it was reached in the given circumstances, according to standards of reasonableness and fairness.

 

Article 16 Performance guarantee

1. NL Actief guarantees compliance with the binding opinion unless one of the parties submits the binding opinion to the court for review within two months of its dispatch. This guarantee is revived if the binding opinion remains in force after review by the court and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding opinion, this amount will be paid by NL Actief to the Member on condition that, at the same time as honoring the appeal to the performance guarantee, the Member assigns its claim under the binding opinion to NL Actief in the amount of the amount paid. For amounts exceeding €10,000 per binding opinion, the Member will be paid an amount of €10,000. For the excess amount, NL Actief has a best efforts obligation to ensure that the Member complies with the binding opinion. This best efforts obligation means that the Member will be offered the option of transferring its claim to NL Actief, after which this organization will, in its own name and at NL Actief's expense, seek payment in court in order to satisfy the Member, or the Member will be offered the option of NL Actief conducting the (extrajudicial) collection procedure on behalf of the Member and at NL Actief's expense, all of which is at the discretion of NL Actief.
2. NL Actief does not provide a performance guarantee if, before the dispute has been heard by the Sports and Exercise Disputes Committee and a final decision has been issued in the dispute at this hearing, one of the following situations applies: – SCH has been granted a moratorium on payments:

– SCH has been declared bankrupt;

– SCH's business activities have effectively ceased. The decisive factor in this situation is the date on which the cessation of business was entered in the Trade Register or an earlier date, which NL Actief can demonstrate to be the date on which the business activities effectively ceased.

 

General supplementary terms and conditions of delivery SCH

These General Additional Terms and Conditions of Delivery SCH were drawn up on October 4, 2021.

 

Article 17 Membership

1. The Agreement is entered into by the applicant completing and signing the SCH registration form fully and truthfully, presenting valid identification, and SCH subsequently accepting the application.
2. The Member is required to have a photograph taken of themselves, which will be included in the customer database.
3. The Member is obliged to provide SCH with a valid email address.

 

 

 

Article 18 Additional payment terms

1. Payment of all amounts owed by the Member to SCH must be made in advance, either by direct debit, by transfer to one of SCH's account numbers, or by an equivalent transaction, unless SCH and the Member have agreed in writing on a different method of payment.
2. Payment must be made without discount, claim for compensation or otherwise and, if applicable, within the payment term set by SCH.
3. Payment in installments is possible by means of advance payment per month on terms to be agreed in writing between the parties, including an authorization for the debit of the installments.
4. Recurring SEPA direct debits are processed every business day of the month, depending on the payment date of the subscription.
5. Once the registration form has been signed and the subscription fee has been received, the Member is entitled to use the facilities offered by SCH within the agreed framework.
6. Any price increase will take place once per calendar year (see also Article 7).

 

Article 19 Other provisions

1. For reasons of safety and prevention, specific areas of SCH are equipped with security equipment, including (video) cameras. SCH guarantees the Member that audio and/or video material will not be made available to third parties for inspection and/or use and will only serve as evidence for the purposes of justice in the event of reprehensible and/or criminal acts being detected at SCH. The Member hereby declares that they have no objection to this.
2. In the case of minors, a signature from a parent or guardian is required.
3. An add-on can be activated and deactivated by the customer themselves via the Sportivity app on the next payment date. Please note that direct debit means that the payment date is always extended by a few days with the usual payment period.
4. If you are also a member of SquasHoorn and/or Tennis en Padel Vereniging Hoorn, you do not pay any introduction fees.
5. Members who live in the same household at the same address may be eligible for a discount. You must provide recent proof of this. The joint discount only applies to 1-year unlimited sports memberships. If you are taking advantage of the joint discount and you move to a different address, you are required to notify us.
6. If you can demonstrate that you are enrolled in a full-time MBO, HBO, or university program, you are eligible for a student discount on the regular rate. At the start of each new academic year, no later than October 1, you must submit a recent proof of enrollment. Without a recent proof, the discount will expire on October 1. Subscriptions within the specified period must be completed at the regular rate. If you submit the proof later, the discount will be applied again from the next payment date.
7. From the age of 16, you can join the SCH Fitness Club. Members who are not yet 18 years old must always make an initial appointment. Members aged 16 to 21 are eligible for a discount on the regular membership fee. When they reach the age of 22, the discount will automatically expire, even if the membership is still within the specified period.
8. The Fitness Club is closed on public holidays. Opening hours and/or class schedules may be subject to change during school vacations and in special circumstances. Please check the website for current opening hours.

 

Article 20 Applicable law

All agreements to which these terms and conditions apply are governed by Dutch law, unless otherwise stipulated by mandatory law.

 

Internal regulations SCH

 

1. Membership card or membership wristband Sportcentrum Hoorn

To enter the Fitness Club, you will need your membership card or wristband. If you happen to forget these, please report to the fitness desk. You can add funds to your membership card or wristband in cash or by direct debit. You can then use your membership card or wristband to pay for drinks or snacks at the sports center without having to carry cash. It's convenient and secure.

 

2. Lockers

To store your clothing and valuables, you can use the lockers in the changing rooms and hallway at the Yoga and Reformer Studio free of charge. To use a locker in the changing room, you will need a euro coin or a locker token, which you will get back after use. You can use a two-euro coin for the lockers at the studio, which you will get back after use. You are not allowed to take the locker keys home with you. Use of the lockers is entirely at your own risk. SCH is not liable for loss, theft, or misappropriation of goods stored in the lockers (see also Article 13).

 

 

 

3. Clothing and footwear

Always wear clean indoor shoes. In the changing room, you can change from your outdoor shoes into your sports shoes so that the Fitness Club remains clean. For your own safety and that of others, you are not allowed to enter the Fitness Club wearing slippers.

 

4. Device hygiene and cleaning

The use of a towel as a mat is mandatory on all equipment. If you have forgotten your towel, you can borrow one free of charge at the fitness desk. After using the cardio equipment, strength machines, and exercise bikes, please wipe them down to ensure they are dry and clean. This ensures that the next person can also train on clean equipment. A tidy and organized fitness room is important. Everything has its place here, so everyone can quickly find what they need and there are no tripping hazards. After use, you must return the dumbbells, mats, ropes, discs, bars, and steps to their designated places.

 

5. Mobile calling

It is not permitted to make phone calls in the Fitness Club. In order to protect the privacy of visitors, it is not permitted to use your mobile phone to take photos and/or videos in the changing rooms.

 

6. Reservations

Reservations for group lessons and/or time slots can be made via our Sportivity app. Reservations must be confirmed at least 2 hours in advance by scanning your membership card or wristband at the reader at the entrance gates or access door. Once the group lesson has started, you will no longer be able to participate. If, in exceptional circumstances, you need to leave the lesson early, please discuss this with the relevant coach before the lesson starts.

You can reserve a group class 24 hours in advance via the Sportivity app or at the front desk. If you make a reservation after passing through the gate, you must check in again by swiping your membership card or wristband over the reader.

In the unlikely event that you are unable to attend the class, you can cancel a reserved class via the Sportivity app up to 3 hours before the start of the class. It is not possible to cancel within these 3 hours.

Abuse and no-shows will receive a warning by email within five working days. In the event of repeated abuse of the reservation option in the Sportivity app, Sportcentrum Hoorn is Sportcentrum Hoorn to withdraw this option for a certain period of time and to impose a fine.

 

7. Bring a guest

As a member of the Fitness Club, you may bring a guest twice per calendar year, with the exception of Reformer Pilates. Please note that these must be two different guests. You can make an appointment in advance at the front desk for your guest so that we can explain a few things, but this is not mandatory. Your guest is also welcome to train with you or take a group class.

 

8. Children

The childcare facility provides excellent care for your little ones up to the age of 4. However, we cannot guarantee their safety in the fitness room, where there is a risk of accidents. For this reason, children under the age of 13 are not allowed in the training room unless they are supervised by a teacher or fitness coach.

 

9. Sauna and changing rooms

After exercising, it is wonderful to relax in a clean sauna. Or perhaps you just want to take a refreshing shower in the fresh shower room. Please use these areas for these purposes and not for shaving, cutting your nails, or coloring your hair.

 

 

 

10. Prohibited to carry or use

– All types of glassware, (glass) bottles, food, alcoholic beverages, drugs, and similar items.

– Objects and items that could cause physical injury to guests and fellow visitors, such as weapons, knives, and syringes (except for medical use).

– Other items that do not belong in a Sports Center. This is at the discretion of the employee on duty.

 

11. Refusal of access and/or removal from the Sports Center

Access may be denied, or persons may be removed from the Sports Center, by the persons authorized to do so:

– In the event of failure to follow instructions/directions from staff and/or failure to comply with the rules and regulations and/or failure to comply with the instructions/directions stated on the signs displayed in the Sports Center.

– If one or more items as listed under point 11 are carried.

– If one is under the influence of alcohol and/or drugs.

– In case of misconduct.

– If you are suffering from contagious disease(s) or open wounds.

– Failure to comply with one or more of the aforementioned general terms and conditions.

 

12. Stay at the Sports Center

Emergency doors/fire hoses: These may only be used in emergencies. In the interests of your own safety and that of other visitors and staff, please ensure that emergency doors remain free of chairs, tables, and similar items.

Smoking: Smoking is only permitted at the designated smoking tables.

General: Offices, staff rooms, and technical rooms are not accessible to visitors.

Safety: If the Sports Center becomes too crowded, the number of visitors may be limited. In order to maintain visitor safety, or for periodic maintenance, management reserves the right to change the opening hours of the Sports Center and to close the complex in whole or in part.

 

13. Complaints

In the unlikely event that you have a complaint during your stay, you can report this at the reception desk of our Sports Center. If it cannot be resolved on site as you would expect, we request that you inform the management in writing as soon as possible. You can do this using the complaint form available at the reception desk. It is also possible to send a letter or email to Sportcentrum Hoorn, attn. management, Holenweg 14a, 1624 PB Hoorn, contact@sportcentrumhoorn.nl (see also Article 14 of .

 

14. Sexual harassment

In this context, sexual harassment refers to unwanted/inappropriate sexual activities, or sexually suggestive behavior between visitors. Sexual harassment can occur in various ways. The behavior varies from sexual comments and propositions, unwanted touching, indecent exposure, sexual assault, rape, etc. If sexual harassment is reported, or if a person is caught doing so by staff, management will be called in immediately. The situation will be assessed and a decision will be made as to whether the police should be notified.

 

15. Denial

Visitors are responsible for complying with the internal regulations and the supervision plan, which are available for inspection at the Sports Center reception desk. The supervision plan is also part of the internal regulations. Individuals and/or groups who appear or are expected to disturb the peace and order may be denied access to the Sports Center. All visitors must behave in such a way as to ensure order, safety, and hygiene. In the event of misconduct, vandalism, theft, and/or violence by visitors toward employees and/or violence by visitors toward employees and/or third parties who are not employees, the management will determine the duration of the ban.