The Bootcamp Club B.V. (hereafter: TBCC) is located in Amsterdam and registered with number 50447009 at the trade register of the Chamber of Commerce in Amsterdam.
1. APPLICABILITY TERMS AND CONDITIONS BOOTCAMP
a. These Terms and Conditions Bootcamp apply to every legal relation between TBCC and a consumer (a Participant) who takes part in a fitness training and/or outdoor work (a Bootcamp) offered and organised by TBCC.
b. A Bootcamp is (i) a Regular Bootcamp, (ii) a Special Bootcamp, or (iii) a Programme. The content of every Bootcamp - and whether it concerns a Regular or Special Bootcamp or a Programme - is published on TBCC's website.
c. These Terms and Conditions Bootcamp apply to every Ticket, Subscription and Programme Subscription enabling a Participant to take part in a Bootcamp.
d. Both by purchasing a Ticket, Subscription or Programme Subscription, and by participating in a Bootcamp, the Participant indicates that he/she agrees with these Terms and Conditions Bootcamp.
e. These Terms and Conditions Bootcamp are partly or entirely discarded only if they have been deviated from in writing.
f. TBCC can adjust these Terms and Conditions Bootcamp every once in a while. The latest version prevails at all times and is always available on TBCC's website. On request, a copy of the Terms and Conditions Bootcamp is availed.
g. In case a provision or part of a provision of these Terms and Conditions Bootcamp (i) violates a resolution, law, regulation, treaty or European guideline, (ii) is deemed unreasonably onerous or (iii) is void or annulled on the basis of any resolution, law, regulation, treaty or European guideline, then only the void or annulled part of that provision will not be applicable, and TBCC will be allowed to apply a replacing provision which will be legally applicable and which, as much as possible, will be in line with the content of the (partially) void or annulled provision.
a. An agreement between TBCC and a Participant comes into existence through an accordance between both parties, which becomes apparent through the (online) registration of a Participant. During the registration, a Participant receives a login name and password for TBCC’s registration system.
b. For TBCC, obligations are derived from an agreement only after a Participant has met all his/her obligations, including payment.
c. An existing agreement can only be adjusted upon TBCC's written permission. A Participant may incur costs as a result of adjustments to the agreement.
d. An agreement between TBCC and a Participant consists of:
(i) a Ticket, enabling participation in a limited number of Regular Bootcamps during a specific period; or
(ii) a Subscription, consisting of:
(a) a Budget Subscription or Budget Yearly Subscription, enabling participation in a Regular Bootcamp once per calendar week in every region during a specific period; or
(b) a Basic Subscription or Basic Yearly Subscription, enabling unlimited participation in an unlimited number of Regular and Special Bootcamps on all locations during a specific period; or
(c) a Premium Yearly Subscription, enabling unlimited participation in an unlimited number of Regular and Special Bootcamps and participation in one Programme on all locations during a specific period; or
(iii) a Programme Subscription, enabling participation in one Programme during a specific period.
e. Subject to the conditions below, a Participant can at all times upgrade a Subscription (Budget to Basic or Premium, and Basic to Premium). Replacing a Subscription with a lower one (from Basic to Budget, and from Premium to Budget or Basic) is only possible towards the end of the term of the Subscription:
(i) in the case of a Yearly Subscription, the new Subscription has a term of at least one year;
(ii) if the old Subscription expires at the start date of the new Subscription; and
(iii) in case a Subscription is upgraded to a Premium Subscription the Participant receives one 8-week programme (value €249). NOTE: the free programme does not cover out of pocket costs (such as a stamp card or costs of materials).
3. SUBSCRIPTIONS AND TICKETS
a. A Ticket, (Yearly) Subscription and Programme Subscription are personal and non-transferable.
b. A Ticket, (Yearly) Subscription and Programme Subscription have limited validity. The individual validity is indicated on TBCC's website in the Participant's account in the section 'Validity Period'. Once a Ticket, (Yearly) Subscription or Programme Subscription is finished or has expired, a Participant will not be able to register for a Bootcamp anymore.
c. In case of serious injuries, long-term illness, pregnancy or a long-term stay abroad, the validity of a Ticket, (Yearly) Subscription and Programme Subscription (the latter, due to a changing offer of Programmes, only if reasonably possible) can be extended. TBCC has the right to demand proof before approving a request for extension.
d. If a Participant takes a (Yearly) Subscription while he/she still has a valid Ticket, the balance on the Ticket will be used before the (Yearly) Subscription commences.
e. If a Participant takes a (new) (Yearly) Subscription (the Second Subscription) while he/she still has a valid (Yearly) Subscription (the First Subscription), then:
(i) in case of a Budget (Yearly) Subscription, first the First (Yearly) Subscription is concluded, after which the Second (Yearly) Subscription commences;
f. A participant who purchased a (Yearly) Subscription within a deal period can only claim the merchandise coming with the subscription within a month from the date of purchase.
g. The validity of a (Yearly) Subscription will not be extended if a Participant purchases a Programme Subscription during its term.
h. A Ticket expires automatically. A Ticket is not automatically extended.
i. A Subscription has a validity of one (1) year. Upon expiration, the Subscription extends automatically and indefinitely.
j. A Subscription for a specific duration can always be cancelled towards the end of the Subscription term, subject to a notice period of one (1) month.
k. A Subscription for an indefinite duration can be cancelled anytime, subject to a notice period of one (1) month. The procedure takes place through a cancellation form.
4. REGISTRATION FEE, PRICES AND PAYMENT
a. A Participant pays the registration fee at once when purchasing a Ticket, (Yearly) Subscription or Programme Subscription.
b. The current prices of (i) registration, (ii) the Tickets, (iii) the (Yearly) Subscriptions and (iv) the Programme Subscriptions are published on TBCC's website. TBCC has the right to raise these prices unilaterally. The latest prices prevail at all times and are always published on TBCC's website. Price increases do not affect current and paid Tickets, (Yearly) Subscriptions and Programme Subscriptions.
c. A Participant owning a Premium or Basic Yearly Subscription receives, during the term of that Yearly Subscription, a discount in TBCC's web shop and on a Programme Subscription for the same Participant.
d. Unless otherwise agreed on, payments should be made through TBCC's online payment system.
e. A Ticket should be paid at once in advance.
f. A (Yearly) Subscription and a Programme Subscription can be paid at once in advance, or through a monthly direct debit.
In case of a payment at once in advance, TBCC doesn't charge additional costs.
In case of a monthly direct debit, the first month the Participant pays through iDEAL. The remainder of the term of the (Yearly) Subscription or Programme Subscription, TBCC every month automatically collects the amount.
g. The fees for a (Yearly) Subscription and Programme Subscription are - with the exception of the first month, which is paid immediately upon registration - paid monthly through a direct debit from the Participant's bank account at the 1st or 15th day of each month. In case the amount to be paid is not available on the bank account, a €25 administration fee will be charged and collected during the very next monthly payment.
h. Respecting applicable legislation, the Participant is liable to pay all costs incurred by TBCC, or a third party working on behalf of TBCC, resulting from collecting any amount owed by a Participant to TBCC.
i. In case a Participant does not fulfil his/her obligations on time, TBCC has the right to suspend the execution of its obligations.
5. CANCELLATION PROGRAMME SUBSCRIPTION
a. A Participant can cancel a Programme Subscription in its entirety in writing only before the Programme starts. TBCC will confirm the cancellation in writing.
b. In case of a cancellation, the Participant will be charged the following costs:
- up to at least 4 weeks before the start of the Programme: free of charge;
- from 2 to 4 weeks before the start of the Programme: 50% of the invoiced amount;
- from 0 to 2 weeks before the start of the Programme: the entire invoiced amount.
a. The Participant can dissolve an agreement with TBCC with a period of one month, counting from the day the agreement between both parties was entered into.
b. The Participant dissolves the agreement by sending TBCC the filled sample form dissolution or another similar unequivocal declaration with a period of one month. Click here to view the sample instruction for dissolution.
c. If the Participant sends TBCC a declaration of dissolution through its website, then TBCC will confirm receipt of this declaration via email.
d. The Participant has the burden of proof for a correct and timely execution of the dissolution.
e. In case the Participant executes his/her right to dissolution, the Participant will refund TBCC any costs so far reasonably made with regards to the agreement.
f. Once the period of fourteen (14) days after the entering into agreement has passed, a Participant is no longer able to dissolve the agreement with TBCC..
g. The right to dissolve expires before the period of fourteen (14) days has passed as soon as a Participant takes part in a training.
h. In case a (Yearly) Subscription is purchased after previously cancelling the same, The Bootcamp Club will charge the registration fee afresh.
i. After dissolution participants are always allowed to purchase a new (Yearly) Subscription. However, participants cannot purchase a (Yearly) Subscription from a deal period within three (3) months after the original starting date.
7. PARTICIPATION IN AND CANCELLATION OF A BOOTCAMP
a. A Participant should register himself in advance for a Bootcamp through the designated online registration system. Without a registration, a Participant doesn't have the right to participate in a Bootcamp.
b. Up to two (2) hours in advance, a Participant can unsubscribe him- or herself from a Bootcamp. If the Participant does not unsubscribe, in case of a Ticket one (1) credit will be charged, and in case of a (Yearly) Subscription the Participant will not be able to participate in this Bootcamp for a period of four weeks.
c. TBCC has the right to adjust the training schedule and/or training locations intermittently without stating any reasons. The latest schedules and locations prevail at all times and are always published on TBCC's website.
d. In case of insufficient interest, until the starting time TBCC has the right to cancel a regular training or training trajectory. In that case, charged Ticket credits will be refunded.
e. For TBCC, exceptional circumstances always result in force majeure and relieve TBCC from its obligations. In case of permanent force majeure, TBCC does not have to fulfil the obligations derived from the agreement.
f. In case of dangerous weather circumstances, including thunderstorms, storms, extreme heat, snow or glaze, a training can be cancelled. TBCC is not liable for cancellation of a Bootcamp due to dangerous weather conditions.
g. In case a Participant causes nuisance or trouble to such an extent that a proper execution of a Bootcamp is hindered, TBCC may suspend him/her from the Bootcamp. All incurred costs will be collected from the Participant.
a. Participation in a Bootcamp is at one's own risk.
b. TBCC, its employees and trainers are not liable for personal injuries or damage to belongings of a Bootcamp Participant.
c. TBCC, its employees and trainers are also not liable for any damage as a result of other services or advice provided by TBCC.
d. TBCC is not liable for any injury or other damage a Participant may get during or as a result of a Bootcamp. Advice is always free of obligations and followed at one's own risk.
e. TBCC is not liable for damage to and/or missing personal belongings as a result of a Bootcamp, regardless of the cause. Bootcamps are intensive and may cause injuries. A Participant should assess by him- or herself whether he/she is able to participate in a Bootcamp. In case a Participant has health issues, or in case a Participant has other reasons to reconsider his/her participation, the Participant should seek medical advice.
f. TBCC retains the right to exclude participants it assesses as unsuitable for participation in a Bootcamp.
g. TBCC is not insured for damages to a Participant. A Participant, contract partner or other party declares to be insured for damage resulting from participation in a Bootcamp.
h. Hereby the Participant unconditionally and irrevocably waives his/her right to compensation for any direct or indirect damage (whether based on this agreement or resulting from unlawful conduct), arisen, arising or to arise in relation to a Bootcamp.
9. WEBSITE; DISCLAIMER AND PRIVACY
a. TBCC respects the privacy of its Participant and ensures that the provided and/or collected personal and/or confidential information (the Data) is handled confidentially.
b. TBCC uses this Data solely to execute the agreement with the Participant as quickly and successfully as possible. For the remainder, TBCC will use this Data exclusively upon prior permission from the Participant.
c. TBCC will not sell the Data to third parties and will only avail it to third parties which are involved in the execution of the agreement.
d. TBCC's employees and involved third parties are obliged to respect the private nature and/or confidentiality of the Data.
e. The information provided on the website www.thebootcampclub.nl is exclusively meant for general information purposes. As a result of external circumstances, with regards to the provided information delays, failures and/or other imperfections may occur.
f. Although TBCC dedicates the greatest possible care to the compilation and maintenance of its website, TBCC cannot guaranty the provided information to be complete, current and/or accurate. Hereby the Participant unconditionally and irrevocably waives his/her right to compensation for any direct or indirect damage arisen, arising or to arise in relation to utilisation of the Data, except in cases of intent or gross negligence on the part of TBCC.
g. The websites of third parties to which the website www.thebootcampclub.nl links are not checked, made and/or maintained by TBCC. TBCC does not accept any liability with regards to the content of these linked websites.
h. The website www.thebootcampclub.nl and its content are subject to copyright, trademark and other intellectual property rights. No part of this website or its content may be reproduced, stored in a retrieval system, or published in any form or by any means, including electronic, mechanical, photocopying and recording, without TBCC’s prior permission.
i. The Participant declares that he/she has read and accepted the Privacy Declaration Bootcamp.
a. A Participant should notify TBCC about a complaint related to any performance of TBCC as soon as possible after the shortcoming or damage has been noted, and at the latest within fourteen (14) days from the moment since the Participant has noted the shortcomings or damages. The complaint will be filed to TBCC over the phone or in writing (IJsbaanpad 9-12, +(31) 020 – 760 67 60), and should include a location and a description of the complaint.
b. The complaint should be complete, clearly described and any means of proof should be included.
c. TBCC will respond to the Participant's complaint as soon as possible, but at the latest within four (4) weeks from the date of receipt. In case TBCC expects to require more time to process the complaint, it will send a notification through email to the Participant as soon as it realises so.
d. If the complaint cannot be solved through mutual consultation, in accordance with article 11 section c of these Terms and Conditions Bootcamp, a dispute will arise.
11. DISPUTES AND APPLICABLE LAW
a. These Terms and Conditions Bootcamp can only be deviated from upon TBCC's written confirmation.
b. The Dutch Law applies to this agreement.
c. Disputes arising from this agreement which cannot be solved through mutual consultation, will be presented to the competent court in Amsterdam.