Terms & Conditions

1. The Swim Academy: The Swim Academy, established in Amsterdam under Chamber of Commerce no. 71117369.

2. Customer: the person with whom The Swim Academy has entered into an agreement.

3. Consumer: a customer who is also an individual and who acts as a private person.

4. Parties: The Swim Academy and the customer together.

5. Reflection period: the period within which the consumer can make use of his right of withdrawal.

6. Day: calendar day.

7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in if he wants to make use of his right of withdrawal.

8. The Swim Academy: the natural or legal person who offers products and/or services to consumers at a distance.

9. Member: any natural person who has agreed on a Membership Agreement with The Swim Academy, including a participant in a trial lesson or trial training.

10. Membership Agreement: the agreement between the Member and The Swim Academy on the basis of which The Swim Academy makes the Facilities available to the Member.

11. Facilities: that which is made available for the purpose of carrying out an activity.

12. Courses: all courses, training and clinics offered by The Swim Academy under the Courses menu on the website.

13. Personal Training: Private Lesson, Small Group Training and Video Analysis.

14. Personal data: all data relating to the person of the Member that the Member makes available to The Swim Academy.

15. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

16. Website: www.theswimacademy.nl

17. Written: both analogue (paper) and digital, or any other data carrier.

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of The Swim Academy.

2. The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.

3. The parties explicitly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

4. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the request of the consumer.

5. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be read by the consumer. consumer can be stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

6. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is the most appropriate for him. is most favorable.

7. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, then the remainder of the agreement and these terms and conditions will remain in effect and the relevant provision will be immediately replaced in mutual consultation by a provision that approached the purport of the original as much as possible.

8. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

9. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.

The Consumer can place an order, membership or registration with The Swim Academy by fully completing the appropriate order or registration form on www.theswimacademy.nl.

The Swim Academy sends an e-mail to the Consumer’s e-mail address stated in the order or registration form in which it confirms receipt of the relevant membership order or course participation. An order or registration will then only be processed by The Swim Academy if the Consumer has provided all the requested information on the order – whether you have completed the registration form completely.

The Agreement is concluded after The Swim Academy has accepted the order or registration from the Consumer (which acceptance is apparent from the confirmation e-mail referred to in paragraph 2) and the order or registration has been paid by the consumer.

In the event of force majeure, The Swim Academy has the right, at its own discretion, to suspend the execution of the order or registration, or to dissolve the agreement without judicial intervention, by notifying the Consumer in writing and without notice. that The Swim Academy is obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness. Force majeure is understood to mean any shortcoming that cannot be attributed to The Swim Academy, because it is not due to its fault and is not for its account under the law, legal act or generally accepted views.

Participation in The Swim Academy requires a minimum age of 18 years and a maximum age of 75 years.

Participation in The Swim Academy training is entirely at your own risk. The Swim Academy cannot accept liability for accidents and/or injuries to a consumer that occur during the course or as a result of the course. In the event of poor health, we advise participants to first seek advice from their GP whether participation in a training course of The Swim Academy is justified.

The consumer is obliged to report pain, discomfort or abnormal fatigue before, during and after the training, as well as changes in his physical condition during the term of the agreement.

Participation in The Swim Academy training is personal and non-transferable.

Participation in a course, training group or clinic of The Swim Academy are date/period bound and cannot be made up at a later date.

In the event of too few registrations for a course, training or clinic, The Swim Academy may decide to cancel the activities and refund of the registration fee will follow if this has already been paid.

If the maximum number of members has been reached, which is at the unilateral discretion of The Swim Academy, a natural person can be placed on a waiting list if desired.

Appointments must be canceled at least 48 hours in advance. If an appointment is canceled less than 48 hours in advance, the consumer loses the right to make up the appointment later and the lesson will be charged.

Personal Training from The Swim Academy must be completed within a certain time. For 1 – 5 private lessons, a validity period of 6 months applies. With 6 – 10 private lessons, a validity period of 12 months applies.

If deemed necessary, changes can be made (in mutual consultation) to the times and days on which the lessons take place.

1. All prices used by The Swim Academy are in euros, including VAT and excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.

2. All prices used by The Swim Academy for its products or services, on its website or otherwise made known, The Swim Academy can change at any time.

3. The price with regard to a service is determined by The Swim Academy on the basis of the hours actually spent.

4. The price is calculated according to the usual hourly rates of The Swim Academy, valid for the period in which it performs the work, unless a different hourly rate has been agreed.

5. If the parties have agreed on a total amount for a service provided by The Swim Academy, this is always a target price, unless the parties have explicitly agreed on a fixed price in writing, which cannot be deviated from.

6. The Swim Academy is entitled to deviate up to 10% from the target price.

7. If the target price is more than 10% higher, The Swim Academy must inform the customer in good time why a higher price is justified.

8. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price increased by 10%.

9. The Swim Academy has the right to adjust the prices annually.

10. Prior to its entry into force, The Swim Academy will communicate price adjustments to the customer.

11. The consumer has the right to terminate the agreement with The Swim Academy if he does not agree with the price increase.

1. If the customer does not pay within the agreed term, The Swim Academy is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.

2. When the customer is in default, he is also due to pay extrajudicial collection costs and any compensation to The Swim Academy.

3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. If the customer does not pay on time, The Swim Academy may suspend its obligations until the customer has fulfilled his payment obligation.

5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of The Swim Academy against the customer are immediately due and payable.

6. If the customer refuses to cooperate in the implementation of the agreement by The Swim Academy, he is still obliged to pay the agreed price to The Swim Academy.

The Swim Academy may film, photograph or otherwise record your attendance at courses, training and clinics and related activities for advertising and promotional purposes or for The Swim Academy’s internal purposes. To the maximum extent permitted by applicable law, you hereby irrevocably grant The Swim Academy the right to use any photograph, video, image or other captured media or portrait without compensation for advertising, promotional or any other commercial purposes.

All rights with regard to The Swim Academy (www.theswimacademy.nl), images, training, videos and other content are reserved to The Swim Academy. None of it may be reproduced, stored in an automated database or made public, in any form or by any means, without the prior written permission of The Swim Academy.

A User is not free to use logos or any reference to The Swim Academy or www.theswimacademy.nl for business purposes without prior written permission from The Swim Academy.

The User is liable for damage suffered by The Swim Academy, caused by a violation of what is described under “intellectual property rights” of these general terms and conditions.

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Unless the customer is a consumer, the customer waives his right to set off a debt to The Swim Academy against a claim against The Swim Academy.

1. The customer undertakes to insure the following items sufficiently and to keep them insured against, among other things, fire, explosion and water damage as well as theft:

a. delivered goods that are necessary for the implementation of the underlying agreement

b. items of The Swim Academy that are present at the customer

c. goods that have been delivered under retention of title

2. The customer will provide the policy of these insurance policies for inspection at The Swim Academy’s first request.

When the parties have entered into an agreement of a service nature, this only contains best efforts obligations for The Swim Academy, no result obligations.

1. The Swim Academy executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

2. The Swim Academy has the right to have the agreed services (partially) performed by third parties.

3. The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.

4. It is the responsibility of the customer that The Swim Academy can start the implementation of the agreement in time.

5. If the customer has not ensured that The Swim Academy can start the implementation of the agreement in time, the resulting extra costs and/or extra hours will be borne by the customer.

1. The customer shall make available to The Swim Academy all information, data and documents relevant to the correct execution of the agreement in a timely manner and in the desired form and manner.

2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.

3. If and insofar as the customer so requests, The Swim Academy will return the relevant documents.

4. If the customer does not, does not timely or does not properly provide the information, data or documents reasonably required by The Swim Academy and the implementation of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer. customer.

1. The agreement between The Swim Academy and the customer regarding a service or services is entered into for a period of 8 weeks, unless the nature of the agreement dictates otherwise or the parties have expressly agreed otherwise in writing.

2. After the term referred to in paragraph 1 of this article has expired, the agreement will be tacitly converted into an agreement for an indefinite period, unless 1 of the parties terminates the agreement with due observance of a notice period of months, or a consumer terminates the agreement with due observance of a notice period of 1 (one) month, as a result of which the agreement ends by operation of law.

3. If the parties have agreed on a term for the completion of certain work within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must declare The Swim Academy in default in writing.

1. The customer or consumer may not cancel an agreement regarding a service that has been entered into for a definite period of time before 1 (one) year.

2. After the minimum term of 1 (one) year, the aforementioned agreement can be terminated by the customer with due observance of a notice period of 3 months.

3. After the minimum term of 1 (one) year, the aforementioned agreement can be terminated by a consumer with due observance of a notice period of 1 (one) month.

4. If the agreement regarding a service has been entered into for less than 1 (one) year, the agreement cannot be terminated prematurely.

1. The Swim Academy retains all intellectual property rights (including copyright, patent law, trademark law, drawing and model law, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc., unless the parties have agreed otherwise in writing.

2. The customer may not copy or have copied, show to third parties and/or make available or use these intellectual property rights in any other way without the prior written permission of The Swim Academy.

1. If the other party violates the article of these general terms and conditions on secrecy or on intellectual property, it will forfeit an immediately due and payable penalty for each violation on behalf of the trade name.

a. if the other party is a consumer, this fine is € 1,000

b. if the other party is a legal entity, this fine is € 5,000

2. In addition, the other party will forfeit an amount of 5% of the amount referred to in paragraph 1 for each day that the violation continues.

3. No prior notice of default or legal proceedings are required for the forfeiture of this fine. Also, there does not have to be any form of damage.

4. The forfeiture of the fine referred to in the first paragraph of this article does not affect the other rights of The Swim Academy, including its right to claim compensation in addition to the fine.

2. disclaimer

The customer indemnifies The Swim Academy against all third-party claims related to the products and/or services supplied by The Swim Academy.

1. The customer must examine a product or service provided by The Swim Academy as soon as possible for any shortcomings.

2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform The Swim Academy of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. set.

3. Consumers must inform The Swim Academy of this within 2 months after the discovery of the shortcomings.

4. The customer provides a description of the shortcoming that is as detailed as possible, so that The Swim Academy is able to respond adequately.

5. The customer must demonstrate that the complaint relates to an agreement between the parties.

6. If a complaint relates to ongoing work, this can in any case not lead to The Swim Academy being forced to perform other work than has been agreed.

1. The customer must notify The Swim Academy of notice of default in writing.

2. It is the responsibility of the customer that a notice of default actually reaches The Swim Academy (in time).

If The Swim Academy enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to The Swim Academy under that agreement.

1. The Swim Academy is only liable for any damage suffered by the customer if and insofar as possible r that damage is caused by intent or deliberate recklessness.

2. If The Swim Academy is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.

3. The Swim Academy is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.

4. If The Swim Academy is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the ) invoice amount to which the liability relates.

5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Any right of the customer to compensation from The Swim Academy expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

1. The customer has the right to dissolve the agreement if The Swim Academy imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.

2. If the fulfillment of the obligations by The Swim Academy is not permanently or temporarily impossible, dissolution can only take place after The Swim Academy is in default.

3. The Swim Academy has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if The Swim Academy has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of The Swim Academy in the fulfillment of any obligation towards the customer cannot be attributed to The Swim Academy in any of The Swim Academy’s will. independent situation, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be required of The Swim Academy.

2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.

3. If a force majeure situation arises as a result of which The Swim Academy cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until The Swim Academy can meet them again.

4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.

5. The Swim Academy does not owe any (damage) compensation in a situation of force majeure, even if it enjoys any benefits as a result of the force majeure situation.

If, after concluding the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

1. The Swim Academy is entitled to change or supplement these general terms and conditions.

2. Changes of minor importance can be made at any time.

3. The Swim Academy will discuss major substantive changes with the customer in advance as much as possible.

4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of The Swim Academy. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Civil Code.

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.

2. A provision that is void or voidable shall be declared in that case with a provision that comes closest to what The Swim Academy had in mind when drafting the terms and conditions on that point.

1. Dutch law applies exclusively to every agreement between the parties.

2. The Dutch court in the district where The Swim Academy is established / has its practice / has its office has exclusive jurisdiction to take cognizance of any disputes between the parties, unless the law prescribes otherwise.

Drafted on April 10, 2021.