Terms and conditions Your Personal Swim Coach
This page contains important information about the swimming lessons provided by the swimming school "Your Personal Swim Coach" (registered in the commercial registry of the Chamber of Commerce of the Hague, under number 84767316 with tax Administration identification number: NL863357404B01) at various locations.
This page contains important information about the swimming lessons provided by the swimming school "Your Personal Swim Coach" (registered in the commercial registry of the Chamber of Commerce of the Hague, under number 84767316 with tax Administration identification number: NL863357404B01) at various locations.
Article 1. Definitions
1.1 In these terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise.
Agreement: the agreement between Your Personal Swim Coach and the Student regarding Swimming activities;
Student: natural person not acting in the exercise of a profession or business who enters into an Agreement regarding Swimming activities;
Parties: Your Personal Swim Coach and Student;
Swimming activity: a service aimed at physical and/or mental activities;
Website: the website of Your Personal Swim Coach;
Your Personal Swim Coach: legal entity that enters into a contract regarding swimming activities.
Article 2. General
2.1 These terms and conditions apply to all offers from Your Personal Swim Coach, to all agreements concluded by Your Personal Swim Coach and to all work, actions and/or services performed by Your Personal Swim Coach. These terms and conditions are provided to the Student in accordance with the legal requirements and are deemed to be known by Student.
2.2 If one or more provisions in these terms and conditions are at any time (wholly or partially) null and void or are annulled, the remainder of the Agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced by a provision approximates the scope of the original provision as much as possible.
2.3 Situations that are not regulated in these terms and conditions and uncertainties regarding the interpretation or content of one or more provisions must be assessed 'in the spirit' of these terms and conditions.
2.4 Your Personal Swim Coach is entitled at any time to unilaterally change the terms and conditions in whole or in part. Your Personal Swim Coach will notify Student of any such change. If Student believes that the new terms and conditions are unacceptable, he must notify Your Personal Swim Coach in writing within 5 (five) working days after notification. If he does not, Student will be deemed to have irrevocable accepted the new terms and conditions.
2.5 By booking or attending a swim lesson and/or course, and/or entering into an Agreement with Your Personal Swim Coach, Students automatically accept these terms and conditions which become part of the Agreement with Your Personal Swim Coach.
Article 3. Swimming activities
3.1 Your Personal Swim Coach provides swimming lessons to adults. Your Personal Swim Coach offers different classes at different levels. The aim of the Swimming activities is for Students to obtain swimming diploma’s. Your Personal Swim Coach has a best efforts obligation to achieve this goal. Your Personal Swim Coach is authorized to award diplomas to Students on behalf of ENVOZ[1] . The ENVOZ diplomas are internationally acknowledged by the International Federation of Swimming Teachers’ Associations.
3.2 Your Personal Swim Coach follows the Dutch ABC Swimming Guidelines of the National Platform Pools in the Netherlands | NRZ in order to complete the Swimming activities.
Article 4. Agreement
4.1 To enter into the Agreement, the Student must register on the Website.
4.2 The registration and lesson fees are detailed on the Website. After Your Personal Swim Coach confirms the registration in writing, the contract is finalized.
4.3 The final day, time, and location of the Swimming activity will be included in the written confirmation, taking the Students’ preference into account.
4.4 Membership cancellation is only possible with written notice and a one-month notice period beginning at the end of that month. Student’s payment will continue during this time. Student needs to make use of Student’s make-up credits ('inhaallessen') as they are non-refundable.
4.5 If a Student registers for a Swimming activity that turns out to be fully booked, the Student will be placed on the waiting list. Your Personal Swim Coach will inform the Student of this. Student gives Your Personal Swim Coach the opportunity to register the student for an available lesson as soon as possible. Provided that Student can be registered for an available Swimming acitivity within a reasonable period, Student cannot object to the waiting list.
Article 5. Rates, changes and payments
5.1 By registering on the Website, Students allow and authorize Your Personal Swim Coach to withdraw the enrolment fee of €30,50, followed by equal payments of membership fees from Student’s bank account every month at the start of a new period/month. Your Personal Swim Coach uses SEPA direct debit authorization forms for automatic payments. Student agrees that after signing this authorization form, Your Personal Swim Coach will automatically debit Student monthly payments. The Student will receive an e-mail notification before the fee is automatically taken from the Student’s account. Your Personal Swim Coach aims to withdraw the money within 10 working days from the start of the new month. These payments will not change regardless of whether or not Student attends. Your Personal Swim Coach does not refund any payments, no matter the circumstances. In order to keep the account active, paused and irregular Swimmers must pay a monthly administration fee of €2,50.
5.2 The enrollment fee can be paid through iDeal. In case necessary, a manual bank transfer of the registration fee is accepted, if Your Personal Swim Coach is notified in advance. As soon as the payment is received by Your Personal Swim Coach, Students’ enrolment is official, and Students’ name is registered for the Swimming activity.
5.3 The Students’ registration will remain in effect until the Student cancels in writing at least one month in advance.
5.4 After signing the Your Personal Swim Coach registration form, Your Personal Swim Coach reaches out to the Student to plan a try-out lesson. If the Student continues, the Student will receive an email with a personal log-in code to access their personal online Student account (Zwemscore).The Zwemscore platform is available to all Your Personal Swim Coach Students. You can find the link to the website here.
On the website of Zwemscore, Students can track their progress and provide feedback after each lesson, organize their payments and reschedule and cancel their lessons.
Article 6. Collection
6.1 If Student does not meet his payment obligation(s) on time Your Personal Swim Coach will inform him of the late payment and grant Student a period of 14 days to still meet his payment obligation(s). If payment is not made within this 14-day period, interest will be owed by Student on the amount still owed and Your Personal Swim Coach is entitled to charge the extrajudicial collection costs it has incurred. Interest is calculated in accordance with the guidelines that exist in Dutch (case) law, starting from 15% on the principal amount.
Article 7. Cancellation and rescheduling of classes
7.1 To cancel or reschedule a single lesson without cost, the Student must log in to their personal Zwemscore account and take needed actions. This is possible up to 8 hours before the scheduled Swimming activity starts. Lessons canceled within 8 hours will be charged in full. This means the Student will not receive a new lesson to catch up in return. Your Personal Swim Coach does not make any exceptions, no matter what the circumstances are. Students are entitled to a maximum of 7 make up lessons (credits/inhaallessen/). Cancellations via email, phone or any other way than through the Student’s Zwemscore account will not be accepted.
7.2 Your Personal Swim Coach always tries to be as flexible as possible within the operational constraints. The Swimmer can request to change lesson time, day, or pool by email. Your Personal Swim Coach will make every effort to accommodate each request, subject to a space being available.
7.3 Your Personal Swim Coach will make every effort not to cancel lessons. However, Your Personal Swim Coach reserves the right to change the time of a lesson and/or course if necessary due to staff illness, necessary pool maintenance, pool closure, or any other unforeseen circumstance. Your Personal Swim Coach will notify Student of any such cancellation or rescheduling as soon as possible.
7.4 Make up lessons cannot be used to pay for the next invoice.
Article 8. Privacy & Website
8.1 Your Personal Swim Coach collects Students’ information, including personal data, for administrative purposes, which is stored in the Your Personal Swim Coach's central customer records. All of Students' personal information will be treated with care and will not be shared with third parties unless Your Personal Swim Coach is required to do so by law.
8.2 Your Personal Swim Coach its instructors may occasionally take photographs and/or video at Your Personal Swim Coach venues for marketing, promotional purposes online, or educational purposes. If a Student is identifiable in a picture, their permission will always be sought before publication. After publication, Student may always request Your Personal Swim Coach to take down the published picture. Your Personal Swim Coach will respond to this request as soon as possible.
8.3 The content of all Your Personal Swim Coach website pages is solely for your general information and use. It is subject to change at any time. Neither Your Personal Swim Coach nor any third parties make any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any specific purpose. Students acknowledge that such information and material may contain inaccuracies or errors, for which we expressly disclaim liability to the fullest extent permitted by law.
8.4 Use any information or material on the Website entirely Student’s own risk, for which Your Personal Swim Coach accepts no responsibility. It is Students’ responsibility to ensure that any products, services, or information obtained from the Website meets his specific needs.
8.5 The Website contains content that Your Personal Swim Coach owns or has permission to use. This includes, but is not limited to, the design, layout, look, and appearance, as well as graphics. Other than in accordance with the copyright notice, which is part of these terms and conditions, reproduction is prohibited.
8.6 Without Your Personal Swim Coach's prior written consent, no one is allowed to create a link to this website from another website or document.
8.7 This Website may contain links to other websites from time to time. These links are provided for the convenience of the user of the website in order to provide additional information. They do not imply that Your Personal Swim Coach supports the website(s). Your Personal Swim Coach accepts no responsibility for the linked website's content(s).
8.8 Unauthorized use of this Website or any of its content may result in a claim for damages and/or a criminal offense.
Article 9. Risk & Health
9.1 All Students are required to complete the registration form with information about their health conditions that may concern and/or affect the Swimming activity and/or course. When enrolling, all relevant historical (health relating) background must be mentioned. Attendance at the Swimming activity and/or course is entirely voluntary. Your Personal Swim Coach must have at least one phone number, in the event of an accident. Your Personal Swim Coach is covered by AEGON indemnity insurance; 702893109.
9.2 Your Personal Swim Coach may trust that the information regarding Student’s health provided by Student is correct and complete. If incorrect or incomplete information is provided by Student, Your Personal Swim Coach cannot be liable for damage resulting from the provision of this incorrect and/or incomplete information.
Article 10. Safety
10.1 Students and other visitors are responsible for their own safety, actions, and behavior while on the property of the swimming pool, including the changing area. Before entering the pool, shoes must be removed, or shoe covers must be worn. Your Personal Swim Coach considers safety a top priority, and Your Personal Swim Coach reserves the right to remove anyone on, in, or near the pool who raises any safety concerns.
10.2 Swimmers and other visitors must not run or behave inappropriately once at the pool area. Your Personal Swim Coach will not be held liable for any injury or accident caused by Students or other visitors breaking these rules.
10.3 Your Personal Swim Coach accepts no liability for any Student’s or other visitors' illness, personal injury, or death unless caused directly by the company's or its employees' proven negligence. Your Personal Swim Coach and its employees accept no responsibility for personal injuries, loss, or damage to property while attending any Swimming activities and/or courses with Your Personal Swim Coach.
Article 11. Force Majeure
11.1 Situations in which Your Personal Swim Coach cannot fulfill its obligations under the Agreement concluded with the Student, not in a timely manner or without additional efforts and/or costs in its opinion due to unforeseen circumstances, will be regarded as situations of force majeure. Unforeseen circumstances include, but are not limited to: mobilization, war, molestation, terrorism, a day of national mourning, quarantine or other government measures, work strike, natural disasters, epidemics and pandemics, illness of the employees of Your Personal Swim Coach, failure by a third party, on whom Your Personal Swim Coach depends for the execution of the Agreement with the Student, to fulfill its obligations towards Your Personal Swim Coach, or not to do so in a timely or proper manner.
11.2 Taking into account the articles of the general terms and conditions, Your Personal Swim Coach is entitled in the event of force majeure: to (partially) terminate the Agreement with the Student, therefore without judicial intervention and without Your Personal Swim Coach becoming liable to pay damages to Student;
to postpone the execution of the Agreement to a new time or new date, in consultation with the Student;
Article 12. Valuables
12.1 Your Personal Swim Coach will not accept liability for the loss of or damage to any personal belongings brought to any session by Students or brought to the swimming school by other visitors. Everyone visiting the Swimming activity is therefore requested to ensure that no valuable items are brought to the swimming lessons.
12.2 All property left at any venue that hosts Your Personal Swim Coach, whether it is in a changing room, on poolside, left in entrance halls or outside, is done so at Student’s own risk. Your Personal Swim Coach cannot and will not accept any responsibility for the loss or damage of any personal belongings.
Article 13. Other provisions
13.1 Your Personal Swim Coach and its Students are always guests at each of the swimming pools, that are hired venues. Parties both need to act and behave according to the rules of the facilities and must comply with all instructions given by the staff of the location.
13.2 All Students and other visitors need to follow the general swimming pool rules as well as any pool-specific rules. In the event of a Student, parent, guardian, sibling or other associate refusing to obey an instruction from a member of staff from the hired location or from Your Personal Swim Coach, behaving in an unruly manner towards a member of staff or any other person, or causing damage to pool premises or any of the furniture fixtures or equipment in those premises, the Student shall not be permitted to continue with the lessons. Your Personal Swim Coach shall then have the right to terminate the contract without further notice and without being required to offer any credit or refund to the Student and the Student shall not be accepted for any future course organized by Your Personal Swim Coach. Furthermore, Your Personal Swim Coach is entitled to recover damages from this person causing the damages.
13.3 All other guests and staff at site should be treated with respect and not be bothered in any case by the presence of Students and other visitors. This includes the period prior and after the Swimming Activity.
Article 14. Complaints
14.1 Your Personal Swim Coach is fully committed to delivering the highest standards of teaching/coaching. If Student is not entirely satisfied with the service that Your Personal Swim Coach provides, Your Personal Swim Coach very willing to hear about it. If Your Personal Swim Coach becomes aware of any problem while Student is still attending a course or Swimming activity, Your Personal Swim Coach will aim to resolve this at an early stage. Student can be assured that any complaint will be taken very seriously and treated with the utmost professionalism.
Article 15. Applicable law
15.1 Only Dutch Law shall govern these terms and conditions and the Agreement between Parties.
15.2 Disputes arising from Agreements with Your Personal Swim Coach must be submitted to the Dutch Court in the district in which Your Personal Swim Coach has its registered office, unless legal rules do not allow this.