Terms and conditions FitenFast.nl
National Chamber of Commerce: 70632197
VAT number: NL858401320B01
Article 1: definitions
In these terms and conditions, the following terms are used with the meaning stated below, unless stated otherwise.
Client: customer of FitenFast.nl that is treated/trained by an employee of FitenFast.nl.
Order: training by appointment with Miha Bodytec and/or other services/activities from FitenFast.nl.
Location: place where the assignment is exercised.
Article 2. general
1. The terms and conditions apply to all offers, quotations, work, assignments and agreements between contractor and client(s), respectively their legal successor(s).
2. These terms and conditions also apply to contracts with the contractor, in which third parties are involved.
3. If one or more of the provisions in these general terms and conditions expire, the other provisions of these general terms and conditions will continue to apply. In that case, the parties will consult with each other to agree on replacement provisions, taking as far as possible the purpose and intent of the original provision.
4. The contractor offers the opportunity to receive treatment at the location specified as such, unless agreed otherwise. The client will immediately be informed of any change to the location.
Article 3: provision of information and cooperation
The client provides the contractor with all personal information necessary for the proper performance of the assignment.
Article 4: execution of the assignment
1. The contractor carries out the assignment to the best of its knowledge, expertise and ability.
2. The contractor is not liable for damage that has arisen because it was based on incorrect and / or incomplete information provided by the client, unless the incorrectness or incompleteness of the data should have been known to him.
3. The contractor always carries out the assignment by appointment, under supervision and with a maximum number of participants.
4. Opening hours are set by the contractor. The contractor is closed during public holidays. The contractor reserves the right to use an adjusted agenda during official school holidays, without this leading to a reduction of the subscription costs or a refund.
Article 5: change and cancelation policy
1. Client makes a treatment appointment with contractor on location, by telephone or online via the website. The contractor reserves at all times the right to change or cancel an assignment for any reason whatsoever.
2. If the client is unable to attend the agreed date and time, he / she must notify the contractor accordingly.
3. The client can change or cancel the assignment free of charge up to 48 hours before the appointment. If the appointment is changed or canceled within 48 hours, the assignment will be charged to the client.
Article 6: validity of membership / rides card
1. The period of validity of the membership and the rides card starts from the date of purchase unless otherwise agreed.
2. Trainings within the membership remain valid during the month in which they were taken.
3. Purchased 5-ride tickets remain valid for 2 months.
4. When accepting a membership, the client agrees to the automatic continuation of the membership.
5. The fee for membership must be paid by direct debit.
6. The membership can be terminated after the agreed period per calendar month. Termination of a membership must be announced at least 1 calendar month in writing or via email.
Article 7: pricing
1. Prices shown include VAT.
2. The contractor will not charge a registration fee or other extra costs.
3. The contractor reserves the right to adjust pricing. In the event of a price increase, the agreed prices will be maintained at the time of the conclusion of the agreement and the new prices will apply to the next invoice.
4. The contractor also reserves the right to terminate the agreement in whole or in part without judicial intervention.
Article 8: payment
1. The client can pay 5-ride tickets by means of direct debit or iDeal.
2. The fee for membership must be paid by direct debit. Refused or reversed direct debits are increased by € 5.00 administration costs.
3. Payment must be made within 14 days of the invoice date.
4. After the expiry of 14 days after the invoice date, the client is legally in default. From the moment of default, the client owes interest of 2% per month on the due and payable amount, unless the statutory interest is higher. If the statutory interest rate is higher, the statutory interest rate applies.
5. In case of notice of default of the payment due for a period longer than 2 weeks, the contractor is entitled to refuse access.
Article 9: collection costs
If the client is in default or omission in the (timely) fulfillment of his obligations, then all reasonable costs incurred in obtaining payment are on behalf of the client. In any case, the client owes collection costs. The collection costs are calculated in accordance with the collection rate as advised by The Netherlands Bar Association in collection cases. If the contractor demonstrates that he has incurred higher costs, which were reasonably necessary, these are also eligible for reimbursement. Any reasonable legal and execution costs incurred will also be charged to the client.
Article 10: liability
1. If an event occurs unexpectedly during the execution of the agreement, which leads to liability of the contractor, then that liability is at all times limited to the amount insured under the liability insurance taken out.
2. Contrary to Article 10.1, the contractor excludes all liability that arises or is (in) directly related:
- with the incorrect or incomplete information provided by or on behalf of the client of whatever nature;
- with or is due to the failure of the client to follow an oral or written instruction by or on behalf of the contractor;
- with or resulting from the physical or mental condition of the client, if it is not demonstrably (timely) communicated to the contractor by the client.
3. If, for any reason whatsoever, no insurance payment takes place, the liability of the contractor is limited to the amount that the client has been charged, with a maximum of € 2,000.00, except in case of intent or gross negligence.
4. The contractor expressly excludes any liability for indirect damage, as well as for damage caused by theft of goods from the client.
Article 11: rules on location of the contractor
1. The client must handle the property of the contractor carefully.
2. In the event of missing of towels and / or other property of the contractor, these will be charged to the client.
3. The client does not exhibit undesirable and / or lewd behavior, not to other clients and not to employees of the contractor. Upon observation, the contractor will request the client to leave the location. In this case, the contractor is entitled to collect the full treatment price.
4. No food or drinks brought along may be eaten, upon observation of which the contractor will address the client.
5. It is expressly forbidden to use the equipment in any other way than for which it was designed.
6. Client must appear in the right clothing at the agreed time. The contractor reserves the right to to charge extra costs if the agreed time is exceeded.
7. If the client is present at the agreed time and location more than five minutes later, the contractor may shorten the lost time on the treatment and still calculate the entire agreed fee. With more than ten minutes later than the agreed time, the contractor can cancel the appointment and calculate the entire agreed fee.
8. Clients must at all times follow the instructions given by employees of the contractor. Clients who do not comply with these instructions can be denied access.
Article 12: sold product
Sold product cannot be returned.
Article 13: force majeure
Force majeure are circumstances that prevent the fulfillment of the obligation and which cannot be attributed to the contractor.
During force majeure, the delivery and other obligations of the contractor are suspended. If the period of force majeure lasts longer than 30 days, both the contractor and the client are entitled to dissolve the agreement, without there being an obligation to pay compensation in the case.
Article 14: complaints
If the client has a complaint about the treatment or a product, this must be reported to the contractor in writing as soon as possible, but within five working days after discovery. The contractor must provide the complainant with an adequate response within five working days.
If a complaint is well-founded, the contractor will perform the treatment again as agreed, unless this has become demonstrably useless for the client and the client makes this known in writing. If the contractor and the complainant cannot come to an agreement, the complainant can submit the dispute to the legislator or mediator.
Article 15: choice of law
Dutch law applies to every agreement between contractor and client. The applicability of the Vienna Sales Convention is explicitly excluded. Applicable is always the last deposited version or the version that applied at the time of the conclusion of the agreement.
Last modified: Juni 2018.