Terms and conditions
1. General
As soon as you sign the membership agreement (hereinafter referred to as the Agreement), you will become a member (hereinafter the “Member”) of SWITCH – the gym. (hereinafter “SWITCH – the gym”). Every SWITCH – the gym has its own legal entity, you become a member of the BV of the place where your SWITCH – the gym location is located.
2. Conditions
2.1. These terms and conditions apply to all services of SWITCH – the gym and therefore govern the legal relationship between SWITCH – the gym and the Member.
2.2. SWITCH – the gym is entitled to change the conditions applicable to membership. SWITCH – the gym will inform the member in a timely manner. The changes take effect one calendar month after the announcement, unless a different legal term is required, which is then applied. If a Member does not wish to accept a change that is disadvantageous to him, he can terminate his membership from the date on which the new terms and conditions take effect. The written cancellation must have been received by SWITCH – the gym before the effective date of the change.
3. Membership
3.1 Membership commences for the agreed contract term from the ‘Agreement Commencement Date’ stated in the Agreement.
3.2. The Member, not being a legal person, has the right to notify SWITCH – the gym within 14 days of the day of this registration that he has opted out of membership, without paying a fine and without giving any reason. . (This does not apply to other forms of registration and / or if there is a business membership (hereafter; “Business membership”).) This cancellation must be in accordance with the provisions of Article 7.2 of these general terms and conditions. If the 14th day falls on the weekend or on a national holiday, the period runs from 14 days up to and including the end of the next working day. If the Member decides to cancel membership within the 14-day cooling-off period, SWITCH – the gym is entitled to charge costs for the number of days the Member has been able to use the facilities of SWITCH – the gym ( registration fee and costs for the days that the facilities of SWITCH – the gym) could already be used.
3.3. The membership is strictly personal and can only be transferred after permission from SWITCH – the gym.
3.4. SWITCH – the gym reserves the right to ask for new members to register when registering.
3.5. SWITCH – the gym will be entitled to request identification of a Member at any time in order to verify whether the person entering actually concerns the Member.
3.6. The Member may train during opening hours in the club and other clubs of SWITCH – the gym mentioned in the Agreement, if this is included in the chosen membership. More information about the types of memberships can be found at www.switchthegym.nl.
4. Membership fees
4.1. The membership fee must be paid by the Member via SEPA direct debit or credit card for the entire contract period in advance, per month, or if desired for the initial contract duration (or an extension thereof).
4.2. If the membership is activated earlier than the commencement date of the Agreement and the Member can use the facilities of SWITCH – the gym a few days earlier, the Member will owe an additional membership fee for these extra days, calculated in proportion to the number of extra days.
4.3. The agreed registration and administration costs must be paid when registering at the club. Not paying these costs does not mean that the Agreement can be declared void.
4.4. SWITCH – the gym reserves the right to collect arrears via SEPA direct debit.
4.5. In the event of late payment, the Member will be in default without further notice of default. From the date on which the Member is in default, all installments due for the remaining duration of the membership become due and must be paid to SWITCH – the gym within 30 days of being due and payable by the Member. The Member cannot make use of the services and facilities of SWITCH – the gym until his due debt has been settled. SWITCH – the gym has the right to suspend its obligations as long as the member does not fulfill his obligations. After the member has fulfilled his obligations, namely the payment of all outstanding installments until the end of membership, SWITCH – the gym is obliged to fulfill its obligations under the agreement. The member will then be given the opportunity to make use of the sports facilities at SWITCH – the gym, whereby the period is set equal to the duration of the actual suspension.
4.6. If SWITCH – the gym has to proceed with the collection of its claim against the Member, the Member will also owe the administration costs and (extrajudicial) collection costs equal to the scale collection costs in accordance with the percentage referred to in the relevant collection legislation and regulations, or 15% of the outstanding amount, with a minimum of € 40. From the date on which an amount became due, SWITCH – the gym may charge the Member 1% interest per month or the statutory interest if it is higher. The Member cannot make use of the services and facilities of SWITCH – the gym until his expired debt is in accordance with the agreements with the collection agency or will be paid.
4.7. All prices include VAT. SWITCH – the gym is at all times entitled to adjust its rates in the event of changes in the amount of VAT.
4.8. SWITCH – the gym is authorized to index the membership price on January 1 of each calendar year with a maximum of 5%. If this price increase is implemented during the first 3 months from the “membership start date” specified in the Agreement, then the Member has the right to terminate his membership with immediate effect.
5. Privacy
5.1 SWITCH – the gym processes personal data of the Member or other data subject in a proper and careful manner and within the framework of the applicable laws and regulations, including at least the data protection laws and regulations, such as the General Data Protection Regulation (AVG).
5.2 The SWITCH – the gym Privacy Statement sets out which data are processed by SWITCH – the gym, for which purposes SWITCH – the gym does this and how the personal data is handled. In addition, it is explained in which way data subjects can exercise their rights to the processing of their personal data. You can always find the latest version of the Privacy Statement on our website.
6. Termination or cancellation of membership
6.1 If the member cancels his membership, a notice period of one calendar month applies, after the end of the initial contract term.
6.2. The cancellation can be done in writing by means of a cancellation form available at SWITCH – the gym / by means of a personal cancellation letter or by e-mail (place name) @ switchthegym.nl. The cancellation must be directed by the Member to the branch where the membership is concluded.
6.3. SWITCH – the gym may terminate the membership agreement without notice or notification:
a. if the Member has not fulfilled his payment obligations (in time);
b. if the Member withdraws the authorization for SEPA direct debit and / or reverses an amount;
c. in the event of bankruptcy, (provisional) suspension of payment, debt rescheduling or under guardianship of the Member;
7. Suspension (temporary suspension)
7.1. In the event of a long – term illness, injury, pregnancy or injury, written permission from SWITCH – the gym may temporarily suspend membership, up to a maximum of 6 months. Suspension is only possible after submitting a medical statement or other – to the satisfaction of SWITCH – the gym – sound evidence.
7.2. Suspension of membership can never be retroactive.
7.3. The payment obligation of the Member is suspended for the actual duration of the suspension.
8. Opening times
8.1. SWITCH – the gym is authorized to close clubs in whole or in part during generally recognized public holidays and school holidays.
8.2. SWITCH – the gym is authorized to change the opening hours of (or parts of) a club temporarily or permanently.
8.3. SWITCH – the gym is authorized to close the club mentioned in the Agreement for repair and maintenance work. If for any reason the club mentioned in the Agreement cannot provide sports facilities, the Member agrees that he / she can exercise at one of the other clubs of SWITCH – the gym, or a company affiliated with SWITCH – the gym. and, if this hindrance lasts longer than 14 days, automatically transfer to one of the other clubs of SWITCH – the gym or a company affiliated with SWITCH – the gym for the duration of the hindrance, the Agreement and the direct debit authorization. that other club is within a radius of 15 km from the club specified in the Agreement.
9. Complaints and Information obligation
9.1. Changes to the personal situation of the Member (including address or bank details) must be communicated directly, in writing or by e-mail, to the club mentioned in the Agreement.
9.2. If these changes are not communicated (in time) and if SWITCH – the gym has to incur costs to retrieve the new (personal) data, these costs will be charged to the Member.
9.3. In the event of complaints regarding SWITCH – the gym, the Member must first contact the receptionist and then SWITCH – the gym, as described on the website (www.switchthegym.nl).
10. Liability
10.1. SWITCH – the gym is not liable for any injury or accident or lost property of any nature and for any reason whatsoever, except in the case of intent or deliberate recklessness on the part of SWITCH – the gym or its managers.
10.2. Each Member is responsible for personal accidents and personal belongings. The Member is advised to take appropriate insurance for this. Neither SWITCH – the gym nor its employees can be held responsible for the loss, damage or theft of goods in the club’s territory.
11. House rules
11.1. The Member is familiar with the house rules used by SWITCH – the gym. These house rules are present in the club and can be requested at the reception of each club if desired. The Member is obliged to comply with these house rules.
11.2. The club can at any time refuse or deny access to persons whose behavior gives cause for it.
12. Final provisions
12.1. All membership contracts concluded by SWITCH – the gym are governed by Dutch law.
12.2. If one of the above provisions is invalid or illegal, the remaining provisions will continue to apply.