GENERAL TERMS AND CONDITIONS CUB CLUB 2025, SERVICE SECTOR

ARTICLE 1: GENERAL

1.1 These terms and conditions apply to every offer, quotation, and agreement between Cub Club, hereinafter referred to as the "Service Provider," and the Client (Read: Parent) to which the Service Provider has declared these conditions applicable, unless the parties have explicitly and in writing deviated from these conditions.
1.2 These conditions also apply to agreements with the Service Provider for the execution of which third parties must be involved by the Service Provider.
1.3 These general terms and conditions are also written for the employees of the Service Provider and its management.
1.4 If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or voided, the remaining provisions in these general terms and conditions remain fully applicable. The Service Provider and the Client will then enter into consultations to agree on new provisions to replace the invalid or voided provisions, with as much consideration as possible given to the purpose and intent of the original provisions.
1.5 If there is any uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be in accordance with the 'spirit' of these provisions.
1.6 If a situation arises between the parties that is not regulated in these general terms and conditions, this situation must be assessed in accordance with the 'spirit' of these general terms and conditions.
1.7 If the Service Provider does not always demand strict compliance with these conditions, this does not imply that the provisions thereof do not apply, or that the Service Provider would lose the right to demand strict compliance with the provisions of these conditions in other cases.
1.8 Every Client receives the General Terms and Conditions after the free trial lesson. The Client must be aware of the general terms and conditions at the start of the lessons.

ARTICLE 2: EXTRA LESSONS

2.1 Reserving extra private and/or group lessons, which fall outside of the reserved fixed lessons, is optional and will be invoiced monthly via an iDEAL invoice in the Client's Zwemscore account. See Art. 3.

ARTICLE 3: INVOICES, COLLECTION, AND OFFERS

3.1 All invoices and offers from the Service Provider are non-binding unless a term for acceptance is stated in the quotation. If no acceptance period is stated, no rights can be derived from the offer if the product referred to in the quotation is no longer available in the meantime.
3.2 The lessons in the first ‘Wave’ (10 weeks), extra private and/or group lessons, products, interim tests, and diploma sessions will be invoiced through iDEAL accounts in the Client's Zwemscore account and must be paid within 14 days of the invoice date. If this term is exceeded, the Client will receive a first reminder with a term of 7 days. The second reminder has a term of 3 days. If you still fail to pay, you will receive a legally required summons with a term of 14 days. If payment is still not made, we are forced to engage a collection agency to prompt payment. See Art. 5.
3.3 At the start of the course, the Client receives a direct debit authorization form. This must be signed to start the course with the Service Provider.  All SEPA Direct Debit rules 2025 apply. One Term (10 weeks) swimming lesson fees are collected in advance.
3.4 The Service Provider is not bound by its invoices or offers if the Client can reasonably understand that the invoices or offers, or part thereof, contain an obvious error or clerical mistake.
3.5 Prices listed in an invoice or offer include VAT and other government levies, any costs incurred under the agreement, including travel, accommodation, shipping, and administrative costs unless otherwise stated.
3.6 If acceptance deviates from the offer (even on minor points), the Service Provider is not bound to it. The agreement will not be concluded in accordance with this deviating acceptance unless the Service Provider indicates otherwise.
3.7 A combined price quote does not oblige the Service Provider to perform part of the assignment at a corresponding part of the stated price. Offers or invoices do not automatically apply to future orders and are not silently renewed.

ARTICLE 4: AMENDMENT OF AGREEMENT AND PRICE INCREASE

4.1 If the agreement is amended, including an addition, the Service Provider is entitled to first execute it after approval by an authorized person within the Service Provider and the Client has agreed to the price specified for the execution and other conditions, including the timing for implementation. Failure or delay in executing the amended agreement does not constitute a breach by the Service Provider and does not entitle the Client to terminate or cancel the agreement.
4.2 Without being in default, the Service Provider may refuse a request to amend the agreement if it could have a qualitative or quantitative impact, for example, on the work to be performed or services to be provided.
4.3 If the Client fails to properly fulfill their obligations to the Service Provider, the Client is liable for all damage and costs incurred by the Service Provider, either directly or indirectly.
4.4 If the Service Provider agrees on a fixed fee or fixed price with the Client, the Service Provider is still entitled to increase this fee or price if the increase results from a legal obligation or unforeseen circumstances, such as an increase in raw material prices, wages, rents, etc.
4.5 If the price increase exceeds 10% within three months of the agreement, the Client may terminate the agreement with a written statement unless the Service Provider is still willing to execute the agreement based on the original agreement.

ARTICLE 5: PAYMENT AND COLLECTION COSTS

5.1 Payment must always be made within 14 days of the invoice date unless the Service Provider has indicated otherwise in writing. The Service Provider is entitled to invoice periodically.
5.2 If the Client fails to pay on time, they are legally in default, and a reminder with a term of 7 days will be sent. A second reminder with a term of 3 days follows. If the Client remains in default, a legally required notice will be sent with a term of 14 days before a bailiff or collection agency is engaged. All resulting costs are borne by the Client.
5.3 The Service Provider has the right to apply payments made by the Client first to costs, then to accrued interest, and finally to the principal and ongoing interest.
5.4 The Client is not entitled to offset any amount owed to the Service Provider. Objections to the invoice do not suspend the payment obligation.

ARTICLE 6: SUSPENSION, TERMINATION, AND INTERIM TERMINATION OF THE AGREEMENT

6.1 If the Client decides to terminate the agreement prematurely, this is possible via written notice by email. The Service Provider will confirm the cancellation within 14 days.
6.2 Any outstanding claims in the Client's Zwemscore account must be settled before the Client can terminate the agreement.
6.3 If the Client remains in default, the Service Provider is entitled to continue the 10 week  charges until the Client settles all claims.
6.4 If the Client decides to terminate the agreement, no claim can be made for remaining makeup lessons in the Client’s account. These lessons are forfeited upon termination.
6.5 In case of liquidation, sale of Cub Club or part of Cub Club to another party, (filing for) moratorium or bankruptcy of Cub Club, obligations to the Client will lapse. The Service Provider is not obliged to reimburse remaining makeup lessons to the Client in this case. (See Article 10)

ARTICLE 7: WARRANTIES

7.1 The items to be delivered by the Service Provider meet the usual requirements and standards that can reasonably be imposed at the time of delivery in the Netherlands and are intended for normal use in the Netherlands. This guarantee applies to items intended for use within the Netherlands. When used outside the Netherlands, the Client must verify whether the use is suitable for the conditions there. The Service Provider may set different warranty and other conditions concerning the items to be delivered or the work to be performed.
7.2 As long as the Client has purchased a package, they are guaranteed the agreed-upon time and pool location, as far as the package is completed, unless the agreement is suspended, terminated, or canceled prematurely.
7.3 Any form of warranty will lapse if a defect has arisen due to improper or inappropriate use or after the expiry date, incorrect storage, or maintenance by the Client or third parties. The Client is not entitled to a warranty if defects are caused by circumstances beyond the control of the Service Provider, such as weather conditions.
7.4 The Client must check the delivered goods immediately upon receipt and report visible defects in writing within seven days. Non-visible defects must be reported in writing within fourteen days of discovery.

ARTICLE 8: FORCE MAJEURE

8.1 Force majeure is understood to mean any circumstance beyond the control of Cub Club that permanently or temporarily prevents the fulfillment of the agreement. This includes, but is not limited to, war, pandemic, transport difficulties, or extreme weather conditions.
8.2 Cub Club is not obliged to fulfill any obligation if force majeure occurs. The Client is still required to pay the subscription fee unless the Client chooses to terminate the agreement (see Article 6).
8.3 The Client is not entitled to claim damages in case of force majeure.

ARTICLE 9: LIABILITY

9.1 If the Service Provider is liable, this liability is limited as stated in this article.
9.2 The Service Provider is not liable for any damage caused by incorrect or incomplete information provided by the Client.
9.3 If the Service Provider is liable for damages, this liability is limited to twice the invoice value of the order, or that part of the order to which the liability relates.
9.4 The Service Provider's liability is always limited to the amount paid out by its insurer in the relevant case.
9.5 The Service Provider is only liable for direct damage. Indirect damage, such as lost profits, is not compensated.
9.6 These limitations of liability do not apply in cases of intent or gross negligence by the Service Provider or its management.

ARTICLE 10: MAKEUP LESSONS

10.1 The fee that the Client pays per ‘Wave’ (10 week period) to the Service Provider is for the reservation of a fixed lesson time in Cub Club's schedule.
10.2 The Client has access to a personal Sporttimea account. In this account, the Client can cancel the fixed lesson up to 1 hour before the lesson, and they will receive 1 makeup lesson in their account.
10.3 The maximum number of makeup lessons that the Client can have in their account is limited. Starting in 2024, this maximum is reduced each quarter to ultimately 5 makeup lessons. Once the maximum is reached, no further credit will be given.
10.4 The Client can book makeup lessons in open slots of other customers with a 7-day booking window. The Client is responsible for booking these lessons.
10.5 The Service Provider is not obliged to generate additional makeup slots if demand exceeds supply.
10.6 Makeup lessons have no monetary value. The Client is not entitled to any compensation for missed lessons.
10.7 If the Client terminates the agreement, any remaining makeup lessons in the account are forfeited.
10.8 In case of liquidation or sale of Cub Club to another party, obligations regarding makeup lessons cease without compensation.