General terms and conditions
Thank you for reading this page
Thank you for reading this page
The purpose of these General Terms and Conditions (GTC) is to define the terms and conditions applicable to the sale of swimming lessons by the non-profit association SwimschoolHM registered with the ECB under number .........................., whose registered office is at ........................................, hereafter SwimschoolHM
Contact details for SwimschoolHM are as follows:
Email : info@beta.acetennispadel.be
Telephone number :
Mail: address
Article 1. Definitions
The terms used herein shall have the meanings set out below, whether used in the singular or in the plural:
Article 2. Scope of the general terms and conditions
3.1. The purpose of these GTC is to define the conditions under which users can access the site and register for a swimming lesson, to manage the relationship between users, customers and the company. SwimschoolHM
3.2. The GTC apply to all users of the site, whether or not they are customers. Expressing specific and essential clauses for SwimschoolHM, the GTC take precedence over any other general terms and conditions, which the customer accepts.
3.3. Customers who register on the site are natural persons of legal age and legally capable or represented. Customers may also be duly represented legal entities.
The customer declares and guarantees that he/she has the legal capacity, rights, powers, titles and authorisations required to register on the Site and to enter into a contract with SwimschoolHM hereunder.
Article 4. Acceptance and modification of the GTC
4.1. The User undertakes to comply with the GTC, without restriction or reservation, whether consulting the Site or registering for a Swimming Lesson. The GTC are notified to Users for acceptance prior to any registration.
For users who are not registered on the site, the CGUV apply to any consultation or browsing on the site.
The user must consult these GTC before using the Site and undertakes to consult them regularly at the following address www.swimschoolhm.be
Browsing the site implies acceptance of the GTC by the user.
4.2 SwimschoolHM reserves the right to amend the GTC at any time and without notice, in particular to take account of changes in legislation, case law and technical developments. SwimschoolHM will inform the customer by any means.
In the event of modification, the GTC applicable to the customer are those in force on the date of Registration. Each new registration requires acceptance of the GTC by the customer, which the customer acknowledges and accepts.
Article 5. Swimming lessons offered
In accordance with the requirements of Book VI of the Code of Economic Law, SwimschoolHM presents on the website a detailed description of the swimming lessons offered and the corresponding prices so that the customer can, before signing up, know the essential characteristics of these lessons (description of the activities, location of the different pools, timetable and cost of the subscription, etc.). The customer declares that he/she has read the information and has obtained from SwimschoolHM prior to enrolment, all information about the swimming lessons and their content. They declare that they are solely responsible for their choice of activity and its suitability for their needs and those of their child.
Article 6. Registration
6.1. Registration for sessions can only be made by email to the following address info@beta.acetennispadel.be or by telephone.
An email acknowledging receipt of the Registration will be sent to the Customer at the address they have provided to SwimschoolHM as soon as possible. This acknowledgement of receipt will include, in particular, the dates and times of the sessions, the venue, the equipment that the participant will need to bring, the cost of the subscription, the payment deadline and the payment details, including the communication to be given when making the payment. It will also contain information on absences, cancellations and any reimbursements from the mutual insurance company.
6.2. Any change to the registration after confirmation is subject to acceptance by SwimschoolHM
6.3. SwimschoolHM specifies that a registration made orally and not confirmed in writing will not be taken into account. Registration is therefore finalised on the date of receipt of the confirmation email. The user or customer is aware of these terms and conditions and accepts them.
6.4. If the customer no longer wishes to continue the course after the first session, they must inform SwimschoolHM. In this case, the session will be considered a trial.
6.5. Customers may enrol during the school year, subject to places still being available.
6.6. SwimschoolHM reserves the right to change the timetable of a session or to cancel it in the event of insufficient registrations.
Article 7. Financial terms and conditions
7.1. The prices shown on the site are in euros, inclusive of all taxes. The total amount due is indicated on the registration confirmation email.
Prices include supervision by a specialist instructor, insurance (although the risk of damage to glasses is not covered), equipment and premises.
7.2. A fee of 50% is payable on enrolment, with the balance to be paid by the beginning of the month following enrolment.
7.3. In the event of non-payment of the sums due by the due date specified in the confirmation email, these will initially be increased by a flat rate of €20 for reminder costs, after which the sums due on the due date will be increased automatically and without prior formal notice by late payment interest of 1% per month and a fixed penalty of 10% of the principal amount due by way of penalty clause, with a minimum of €25, without prejudice to any recovery costs which will also be borne by the customer. An indemnity of the same amount is payable by SwimschoolHM if the latter fails to fulfil its obligations.
7.4. In the event of non-payment of any amount due on the due date by the Customer, SwimschoolHM reserves the right, ipso jure and without prior notice, to terminate the contract to the exclusive detriment of the customer or to suspend in whole or in part the performance of any obligation arising for it from the contract, without prejudice to its right to compensation for any loss suffered.
7.4. In the event of enrolment during the course of the year, the cost of the Subscription to be paid to SwimschoolHM corresponds to the pro rata of sessions still to be held until the end of the course period.
Article 8. Liability
8.1. The responsibility of SwimschoolHM shall not be held liable, in general, in all cases where the non-performance or poor performance of its obligations is the result of force majeure or an act of God beyond its control.
8.2. Users acknowledge that their use of the Site is at their own risk. The Site is provided "as is". SwimschoolHM will use its best endeavours to make the site accessible 24 hours a day, seven days a week, except in the event of events beyond the control of SwimschoolHM and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the network or acts of malice or any damage to the hardware or software of SwimschoolHM
SwimschoolHM may under no circumstances be held liable for any interruption to all or part of the site, whatever the cause, duration or frequency of the interruption, provided that the interruption is not attributable to it.
8.3. SwimschoolHM is not bound by any obligation of result and cannot be held responsible for omissions, inaccuracies or errors in the programmes on its site, or for the consequences that these may have for customers.
8.4. The responsibility of SwimschoolHM cannot be held responsible for any errors, omissions or inaccuracies mentioned during the courses or in the documents given to customers as part of the courses.
8.5. SwimschoolHM does not guarantee that the Courses offered correspond to the needs of the Customer, who is solely responsible for his or her choice.
8.6. SwimschoolHM is not responsible for the loss, theft or breakage of items brought to the sessions by participants.
8.7. If the responsibility of SwimschoolHM is established, it will be limited to an amount equal to the price of the membership without any compensation whatsoever for other indirect financial, commercial or other damage, such as loss of earnings, loss of reputation, savings or expected customers.
Article 9. Withdrawal or cancellation by the Customer
9.1. SwimschoolHM grants the Customer a period of 14 (fourteen) calendar days to withdraw from the registration, without having to give reasons, from the date of registration. Once this period has elapsed, no request for withdrawal will be processed by SwimschoolHM subject to the provisions of article 9.2.
Customers exercising their right of withdrawal must complete the withdrawal form annexed to Book VI of the Code of Economic Law, available at the following URL: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
It can also inform SwimschoolHM of its decision to withdraw by sending an unambiguous statement expressing its wish to withdraw by email to the following address info@beta.acetennispadel.be
If you exercise your right of withdrawal, SwimschoolHM will reimburse the Customer for all sums paid, where applicable, without undue delay and no later than 14 (fourteen) calendar days from the date on which it is informed of the Customer's wish to withdraw. If one or more sessions have been provided during the withdrawal period, SwimschoolHM will withhold from the payment of the membership fee or, in the event of non-payment, will be entitled to claim from the customer the portion of the sessions provided between the beginning of the performance of the contract until the customer informs SwimschoolHM of his or her wish to withdraw, with regard to all the sessions initially scheduled. The refund will be made by crediting the sum debited to the account corresponding to the customer's bank card.
9.2. Once the period of 14 (fourteen) calendar days for exercising the right of withdrawal has elapsed from the date of registration, SwimschoolHM allows the Customer to cancel the Registration free of charge, provided that the written request for cancellation has been received by SwimschoolHM no later than 24 hours before the start of the sessions. In this case, SwimschoolHM will reimburse the customer for the sums paid, without deduction of any costs whatsoever.
In the event of withdrawal more than 14 (fourteen) calendar days from the date of registration but less than 24 hours before the start of the first Session, SwimschoolHM will reimburse the Customer for the sums paid less the sum of 20 euros, retained in payment of the administrative costs incurred by ". SwimschoolHM"The customer accepts.
9.3. If the customer interrupts the course provided by SwimschoolHM for which he/she has registered, the full amount of the membership fee remains due/acquired to SwimschoolHMThe customer must produce a medical certificate justifying his/her inability to continue the course. The customer acknowledges and accepts that failure to obtain a Covid Safe Ticket, whether voluntary or involuntary, cannot constitute a medical reason allowing the customer to obtain reimbursement of all or part of the subscription or exemption from payment of all or part of the subscription.
9.4. In the event of a trial as referred to in article 6.4, and provided that the customer has informed SwimschoolHM of his wish not to continue with the sessions at the end of it, SwimschoolHM will reimburse the customer for the full fee paid, if any.
9.5. In the event of the child's prolonged illness lasting at least three consecutive weeks, the customer may be reimbursed for the sessions that the child was unable to attend, less the sum of 20 euros, retained in payment of the administrative costs incurred by SwimschoolHMprovided that the Customer produces a medical certificate confirming the reality of the prolonged illness and that prior to the sessions in which the child has not participated, the Customer has notified SwimschoolHM absence due to illness.
If you exercise your right to cancel, SwimschoolHM will reimburse the customer for any sums due, without undue delay and no later than 14 (fourteen) calendar days from the date of the last day of absence.
Article 10. Cancellation or change of course timetable by SwimschoolHM
10.1. In the event of insufficient registrations for a course or session, or if an instructor is unable to attend, the following conditions will apply. SwimschoolHM cases of force majeure that allow SwimschoolHM to change instructors without obligation to inform the customer in advance or to cancel the course or session without having to demonstrate the unforeseeability and irresistibility of the circumstances or the impossibility for SwimschoolHM to perform its obligations. As these events are external to SwimschoolHMIt cannot be held responsible.
10.2. In the event of cancellation of a lesson or session, the customer will have the option of choosing another lesson or session in agreement with SwimschoolHM
10.3. Without prejudice to any special arrangements to be adopted by the competent authorities, the threat of the Covid-19 virus and the taking of measures against it, as well as the threat of other epidemics and the taking of measures against them, and all acts of God, strikes, lock-outs, riots, mobilisation, bad weather, shortages of equipment or means of transport, fires, etc., shall automatically be considered, for the purposes of the present terms and conditions, as constituting a case of force majeure justifying the cancellation of a course or of one or more sessions without any obligation on the part of the school authorities to take the necessary measures. SwimschoolHM has to demonstrate the unforeseeability and irresistibility of the circumstances and the impossibility of performing its obligations. The same applies to the cancellation of a course or one or more sessions due to the usual symptoms of the Covid-19 virus detected in the participant. As these events are outside SwimschoolHMIt cannot be held responsible. In the event of such events constituting force majeure, SwimschoolHM is not obliged to reimburse all or part of the membership fee paid by the customer, and the customer is not exempt from paying all or part of the membership fee, if the customer has not yet made payment.
Article 11. Termination
11.1. SwimschoolHM and the customer reserve the right to terminate the contractual relationship at any time in the event of non-compliance by the other party with any of its obligations under these GTC, without prejudice to any damages that may be claimed from the defaulting party.
11.2. Termination of the contractual relationship in the event of fault on the part of the customer will result in the immediate payment of all outstanding sums.
11.3. SwimschoolHM reserves the right to terminate a child's sessions if his or her behaviour or that of his or her carer interferes with the smooth running of the sessions for the other children.
Article 12. Practical running of the Courses
12.1. Participants' equipment specifications are detailed in the Registration confirmation email. The Customer must ensure that any jewellery/watches or other objects likely to cause injury or breakage are removed before the start of each session.
Article 13. Use of the Site
13.1. The user undertakes to comply with the laws in force when using the Site and, in particular, not to make any discriminatory, racist, xenophobic or anti-Semitic comments, nor any insults or other violent or pornographic comments, nor to publish any content that is contrary to public order or morality.
Users are also prohibited from using the Site for promotional purposes.
The user undertakes not to attempt to undermine the operation of the site or to SwimschoolHM
13.2. SwimschoolHM shall not be held liable for any incompatibility, malfunction or other technical problems between use of the Site and the User's computer equipment, except in the event of fault attributable to SwimschoolHM. Users must protect their computer equipment against any risk of contamination by viruses, intrusion attempts, etc.
13.3. When registering, users undertake to provide true, accurate, up-to-date and complete information about themselves.
Article 14: Intellectual property rights
14.1. The site, all the elements on the site and the documents given to customers as part of the courses are protected by intellectual property rights (including in particular all copyright, patent rights, trademarks, designs and models, databases, domain names and all other existing or future intellectual property rights, both Belgian and international) and belong to SwimschoolHM or to third parties who have authorised it to use them.
The use of the site or the documents provided to customers as part of the courses does not confer any intellectual property rights on the customer.
14.2. Any total or partial reproduction or representation of the de SwimschoolHM or documents given to customers as part of courses without the prior written agreement of SwimschoolHM constitutes an infringement of the intellectual property rights of the latter and/or third party licensors and is liable to result in civil and criminal proceedings.
Article 15: Personal data (RGPD)
15.1. SwimschoolHM respects the privacy and data of its customers. It undertakes to ensure that the information collected is processed in accordance with the applicable laws and regulations.
When using the site, users are likely to communicate a certain amount of personal data about themselves (surname, first name, telephone number, email address, etc.).
The personal data supplied is required in particular to access, validate and pay for registration forms, and to manage and monitor registrations by SwimschoolHM and to respond to customer requests, as well as to facilitate their identification and navigation on the site and for statistical purposes. Data may also be used for prospecting purposes.
Access to personal data is strictly limited to the staff of SwimschoolHM authorised to handle them by virtue of their functions.
The customer is informed that in the event of a legal or judicial obligation to do so, SwimschoolHM may be required to pass on its personal data.
The data collected at the time of registration is kept until it is deleted, which is left to the customer's initiative unless :
In accordance with the applicable legal and regulatory provisions, customers have the right to access, rectify, port and delete their data, or to limit its processing. They may also, for legitimate reasons, object to the processing of data concerning them.
The Customer may therefore request that any personal data concerning him/her that is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The Customer's personal data is also deleted when the Customer expressly withdraws his consent to the collection and processing of his personal data, subject to the legal obligations of SwimschoolHM. Customers may also, under the right to portability of their personal data, retrieve the data concerning them for their personal use, or request that it be transferred to a third party, if this is technically feasible. Customers may also object, on legitimate grounds, to the processing of their personal data and request that the processing of their data be restricted.
To exercise these rights, the Customer must send a written request to SwimschoolHM indicating first and last name. SwimschoolHM may ask the customer to prove his or her identity by enclosing any necessary documents, in particular a copy of his or her identity card or passport.
Customers also have the right to lodge a complaint with the national supervisory authority, the Data Protection Authority.
SwimschoolHM will use its best endeavours to process requests relating to customers' personal data as quickly as possible.
In the event of a security breach or loss of personal customer data, SwimschoolHM will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
15.2. Data may also be collected via cookies.
Each time the user visits the site, SwimschoolHM collects information relating to its connection and browsing.
Cookies are an automatic tracking process which records information relating to navigation on the site and stores information entered during visits to the site in order to facilitate the registration procedure and use of the site.
The user may object to their installation and/or delete them by following the procedure indicated on their browser.
A cookie is valid for a maximum of thirteen (13) months. It is deposited and stored on the User's terminal in compliance with the applicable laws and regulations and subject to the choices expressed by the User, which may be modified at any time.
Cookies have several functions, such as facilitating use of the Site, remembering the User's choices and the goods and services they wish to purchase, and offering the User relevant advertising content.
SwimschoolHM obtains the user's express consent to the use of cookies.
Cookies deposited by SwimschoolHM give it access in particular to information enabling it to compile User browsing statistics.
Article 16. Participants' image rights
Photographs taken during the Courses are considered free for use by SwimschoolHM for its communication tools: websites, social networks, etc.
The use of these images is for the sole purpose of illustrating the projects and activities of SwimschoolHM
However, the Customer has the opportunity to object to this use.
SwimschoolHM invites the Customer who has made this choice to inform the instructors, from the first session, so that the photos of their child are not published in any medium whatsoever.
Article 17. Miscellaneous provisions
17.1. No amendment to these GTC may be made unless negotiated, authorised and signed by a duly authorised representative of SwimschoolHM and that this modification contains the express mention that it consists of an adaptation of these terms and conditions.
17.2. If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a definitive decision by a competent court, the other stipulations will retain all their force and scope. SwimschoolHM and the customer will nevertheless be obliged to negotiate and conclude one or more provisions designed to cover the nullity established.
17.3. The fact that one of the parties does not claim from the other party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question or a waiver of the right to claim such failure or breach.
17.4. The fact that one of the parties does not avail itself of a stipulation of these GTC does not in any way imply a waiver of the benefit of the said stipulation.
Article 18. Jurisdiction and applicable law
18.1. The rights and obligations arising from these GTC are governed exclusively by Belgian law.
18.2. In the event of a dispute relating to a registration, the Customer must first contact SwimschoolHMto find an amicable solution.
In the absence of an amicable solution and regardless of the origin of the dispute, any disputes relating to the performance or interpretation of these GTC shall be submitted to the courts of the judicial district of Walloon Brabant or to the competent court in accordance with article 624, 1°, 2° and 4° of the Judicial Code if the Customer is a consumer within the meaning of the Economic Law Code.
For all practical purposes, it should be noted that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.
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