Terms and Conditions

These General Terms and Conditions of Delivery of Sports School Burning Heart, hereafter referred to as Burning Heart, have been established in consultation with the Consumers' Association within the framework of the Coordination Group Self-Regulation Consultation of the Social Economic Council and will take effect January 1, 2014.

Article 1 Definitions
The Entrepreneur: natural or legal person who, as a member of Burning Heart, enters into an Agreement regarding fitness and group lesson activities, hereinafter referred to as fitness or a conjugation thereof. The Consumer: natural person who is not acting in the exercise of a profession or business and who enters into an Agreement regarding fitness activities. Fitness: a service aimed at physical and/or mental activity. The Agreement: Agreement between the Entrepreneur and the Consumer regarding Fitness.

Article 2 Applicability
These general terms and conditions apply to the conclusion and execution of all Agreements regarding Fitness, which are concluded between the Entrepreneur and the Consumer.

Article 3 The offer
1. The Entrepreneur's offer is made in writing or electronically and is effective for a period specified by the Entrepreneur. If no period for acceptance is specified, the offer will remain in force for two weeks after the date.
2. After the offer has been made, the Consumer shall complete a medical questionnaire provided by the Entrepreneur.
3. The offer includes at least:
- the mention of the possibility of viewing the fitness room(s) and facilities;
- the cooling-off period, as referred to in Article 5;
- the facilities and supervision that can be used;
- the days and times when the facilities can be used;
- the costs for the subscription and the consequences for the costs in the event of earlier cancellation under article 6. The offer clearly shows whether the costs are periodic or one-off costs;
- at what point the costs can be increased annually by the Entrepreneur pursuant to article 7;
- the method of payment and the payment term;
- the period of the Agreement and the associated notice period or, in the case of a strip card, the period of validity and;
- the (domestic) regulations.
4. The description of the offer must be sufficient to enable a proper assessment of the offer by the Consumer.
5. The offer is accompanied - in writing or electronically - by a copy of these general terms and conditions.
6. The Consumer is affiliated with the Dutch Boxing Federation for the duration of the membership; no extra costs are involved for the Consumer.

Article 4 The Agreement
The Agreement is established by signing the offer.
The Agreement is strictly personal.

Article 5 Reflection period
During a reflection period of one week after signing the Agreement, the Consumer has the opportunity to revoke the Agreement free of charge. Said right of withdrawal ends at the time the Consumer makes earlier use of the fitness facilities.

Article 6 Duration and termination
1. The Entrepreneur offers the Consumer at least the choice of:
- A 1-month Agreement with a notice period of 1 month paid at the start of the Agreement.
- This termination must take place in accordance with the notice period of 1 month before the 25th of the month, all in accordance with paragraph 4 of this article.
2. The Agreement must be terminated in writing and in person at the Burning Heart front desk.
3. Interim termination by the Entrepreneur is possible with immediate effect if:
- the Consumer violates one or more provisions of these terms and conditions or the applicable (domestic) regulations, unless the violation does not justify an interim termination or;
- the Consumer has behaved unlawfully towards the Operator or towards a contractor of the Operator.
In these cases, the remaining subscription fee will be refunded minus the damage demonstrably suffered by the Operator.
4. If the Entrepreneur terminates his business, then early termination by the Entrepreneur is possible subject to a notice period of 1 month. The remaining subscription fee will be refunded in that case.

Article 7 Price and price changes
1. The subscription fee is agreed upon in advance.
2. Any price increases will be announced by the entrepreneur 2 weeks prior
sufficient notice.
3. If a price increase takes place, the Consumer has the right to terminate the
Agreement within 4 weeks after the announcement.
4. The possibility of dissolution from paragraph 3 does not apply to price adjustments on the basis of the price index figure for family consumption nor to price adjustments that result directly from the law, such as those relating to VAT. If this price increase takes place within 3 months of the conclusion of the Agreement, then there is a right of dissolution as referred to in paragraph 3.

Article 8 Obligations of the Consumer
1. The Consumer shall comply with the instructions given by the Entrepreneur and the
(domestic) regulations.
2. The Consumer must report a medical contraindication for Fitness to the
Entrepreneur.
3. The Consumer must follow the instructions of the Entrepreneur or the employees appointed by him. The Consumer is not allowed to use equipment or facilities, with which the Consumer is not familiar. If the Consumer is not familiar with one or more devices or facilities, he should make this known to the Operator, so that the Operator can provide an explanation.
4. The Consumer is not allowed to use the devices and facilities if he is under the influence of drink, drugs, medication or substances designated as doping.
5. The Consumer is not allowed to smoke in the fitness areas provided by the Entrepreneur.
6. The Consumer must inform the Entrepreneur of any changes in postal address, e-mail address, bank account number and telephone number in a timely manner in writing or electronically.
7. In case of force majeure, the Consumer cannot cancel the membership.

Article 9 Interim amendments
1. The Entrepreneur may make interim changes to the facilities and opening hours offered. The Entrepreneur will give adequate notice of the intended changes at least 4 weeks in advance.
2. In the case of changes, as referred to in paragraph 1, to the detriment of the Consumer, the Consumer will have the right to terminate the subscription without notice for 4 weeks after the announcement, unless the change does not justify termination. If the aforementioned termination is justified, the prepaid subscription fee will be refunded.

Article 10 Proof of participation
1. After payment of the amount due and presentation of a copy of a recent identification document, the Consumer will receive a certificate of participation. The proof of
participation is used for registration of the visit upon request upon entry.
2. If the proof of participation is lost or damaged, a new proof may be requested. An Entrepreneur is entitled to charge reasonably incurred costs for this.

Article 11 Payment
1. The subscription fees due shall be charged and paid in the manner agreed upon.
2. In case of late payment, the Consumer is legally in default. He will be informed of this by the entrepreneur in writing and still has the opportunity to pay the amount due within 2 weeks.
3. After the expiry of the new payment date, the Trader is entitled to charge
charge statutory interest and reasonably incurred (extrajudicial) costs pursuant to Article 6:96(2) of the Dutch Civil Code, all this from the expiry of the original payment date. Furthermore, the Operator is authorized to deny the Consumer access to the fitness facilities.
4. If the Consumer does not comply with his payment obligation, the Operator is
authorized to take legal measures.

Article 12 Liability
1. The Operator is liable to the Consumer for damage resulting from an attributable failure in the performance of its obligations under the Agreement and for damage at the expense and risk of the Operator. The Operator is not liable for damage to or loss of property, insofar as the Operator has taken measures to prevent damage to or loss of property.
2. The Entrepreneur shall adequately insure himself against his business risks. The
liability of the Entrepreneur shall be limited to the amount for which the Entrepreneur can claim a payment from the insurance company with a minimum of €1,000,000.00 per case.
3. The Consumer is liable to the Entrepreneur for damages resulting from an attributable failure to fulfill its obligations under the Agreement and for damages that are for the account and risk of the Consumer.

Article 14 Complaints
1. The Entrepreneur shall have a sufficiently publicized complaints procedure and shall handle complaints in accordance with this procedure.
2. The Consumer shall submit complaints about the performance of the Agreement to the Trader as soon as possible but no later than two months after the Consumer has discovered the defects - unless this cannot reasonably be expected of him. These complaints must be complete, clearly described and accompanied by any evidence.
3. Failure to submit a timely complaint may result in the Consumer losing his rights in the matter.
4. The Trader answers the complaints submitted to him by the Consumer as soon as possible, but at the latest within four weeks.
possible - but at the latest within four weeks - from the date of receipt. If a complaint requires a foreseeably longer processing time, the Trader will reply by return with a notice of receipt and an indication of the period within which a more detailed reply can be expected.
5. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 15 Disputes Committee
1. Disputes between the Entrepreneur and the Consumer relating to:
- The establishment of Agreements or, - The performance of Agreements,
can be brought by both the Consumer and the Entrepreneur before the Geschillencommissie Sport en Beweging, Bordewijklaan 46, 2509 LP The Hague (www.degeschillencommissie.nl).
2. A dispute will only be dealt with by the Disputes Committee if the Consumer has first submitted his/her complaint to the Entrepreneur fully and clearly described in accordance with Article 14.
3. A dispute must be submitted to the Disputes Committee within three months of its arising. The dispute shall be submitted in writing stating the name of the Consumer and the Entrepreneur, a clear and complete description of the dispute and submission of any evidence.
4. When the Consumer submits a dispute to the Disputes Committee, the
Trader is bound by this choice. If the Trader wants to submit a dispute to the
Disputes Committee, he must ask the Consumer to decide within five weeks whether he agrees. The Trader must also announce that it will consider itself free to bring the dispute before the court after the aforementioned period has passed.
5. Disputes that relate to the non-payment of the subscription fee and which are not based on a substantive complaint, or relate to death, physical injury or illness shall be settled by the courts to the exclusion of the Disputes Committee.
6. The Disputes Committee shall rule in accordance with the provisions of the regulations applicable to it. The regulations of the Dispute Commission will be sent upon request. A fee is payable for handling a dispute.
7. The committee makes a decision by way of binding advice. The verdict is binding for both parties. Annulment of the binding opinion can only take place by submitting the opinion to the court within two months after the opinion has been sent. The court can only annul the binding opinion if the judgment in connection with the contents or manner of realization in the given circumstances would be unacceptable according to standards of reasonableness and fairness.

Article 16 Compliance guarantee
Burning Heart binding opinion within two months after it has been sent for judicial review. This guarantee is revived if the binding opinion, after review by the court, is upheld and the judgment that proves this has become final.
has been upheld and the judgment to that effect has become final. Up to a maximum amount of € 10,000 for each binding opinion, this amount will be paid to the consumer by Burning Heart on the condition that the consumer, at the same time as invoking the compliance guarantee, assigns his/her claim under the binding opinion to Burning Heart in the amount of the amount paid. For amounts greater than € 10,000 per binding opinion, the consumer will be paid an amount of € 10,000. For the excess
Burning Heart has an obligation of effort to ensure that the member complies with the binding opinion. This best-efforts obligation implies that the consumer will be offered to transfer his claim to Burning Heart, after which this organization will seek payment of this claim in court in its own name and at the expense of Burning Heart, or the consumer will be offered that Burning Heart will conduct the (extrajudicial) collection procedure in the name of the consumer and at the expense of Burning Heart, all this at the discretion of Burning Heart.

Article 17 Applicable law
All Agreements to which these conditions are declared applicable are governed by
Dutch law applies unless otherwise determined on the basis of mandatory law.