ARTICLE 1: DEFINITIONS
If you are a Member with us or want to become a Member and you use our services or products, this must be done according to clear and transparent agreements. By registering, you declare that you have read and accept these Terms and Conditions as well as the House Rules of Basic-Fit and act in accordance with them. The Terms and Conditions and House Rules can be found on www.basic-fit.com/en-lu and can be consulted at the reception of the Basic-Fit Clubs. These Terms and Conditions come into force as of 12 April 2024 and are valid for any new membership taken out as of this date. Other conditions may apply to other memberships.
Basic-Fit: refers to Basic-Fit Luxembourg S.A. (B72875), a public limited company under Luxembourg law with its registered office at Auf der Hohkaul, 11 rue de Luxembourg, L-5230 Sandweiler, Grand Duchy of Luxembourg, and the services and products we offer under the name Basic-Fit.
Club: the physical place where Basic-Fit offers fitness activities. It can also be your Reference Club.
Contract: the contract concluded between Basic-Fit and the Member when subscribing to a Basic-Fit membership. These Terms and Conditions as well as the conditions specific to the Options you choose are an integral part of your Contract.
Effective Date: the effective date of your Contract is the date you register with Basic Fit. When subscribing to a Contract before opening your Reference Club, as part of our presales, the effective date of the membership will be the day of opening your Reference Club, and not the day of membership of the Contract.
Founding Member: new members who join Basic-Fit before the opening date of a new Club (including the opening date of the Club). This is only applicable to people who do not have a current membership with Basic-Fit. The Founding Members will thus benefit from a membership for 19.99 euros per 4-Week Period, unless they change their membership, or unless their membership is terminated, depending on the event occurring first, under the conditions described in Article 2.c hereof. The Founding Members will be considered for the purposes hereof as Members and, therefore, these Terms and Conditions apply to them unless a clause that would be contrary to this definition and Article 2.c.
Friend: in case of Premium membership, you can be accompanied by a friend. This friend must be at least 14 years old and be registered before gaining access to the Club, as described in Article 6 c.
Host: the Basic Fit employee(s) who manages a Club.
Member: you can become a Basic-Fit member if you are a natural person and are 16 years old or older. Basic-Fit may ask you to prove, by declining your identity, that you are the owner of the QR-Code or Member Card, and by verifying your age.
Member Card or QR-Code: you must present your QR-Code to access the club. It is possible to obtain a Member Card which will be charged 20 euros.
One-year period: a period consisting of thirteen 4-week periods.
Option(s): services or products or equipment that may be acquired at Basic-Fit for an additional fee in addition to the standard membership. The “LIVE group lessons with instructor” is not an option.
Reference Club: the Club in which you can train and which is indicated in your Contract as a "reference" Club. It is the club closest to your home, or the one you indicated when you registered. If you have a membership as a Founding Member, you can only train in the Reference Club. With your Comfort or Premium membership, you can go to more Clubs, but you still have to designate a Reference Club. You can change your Reference Club up to once a month.
Self-Service Terminal or Kiosk: the digital self-service terminal is available at the Club. You can sign up but also, for example, change information and add or adapt Options.
Welcome Offer: if you subscribe to a Contract with a one-year paid commitment, you automatically benefit from a sports bag and one of these two offers:
- a price of €19.99 for the first 4-week period of your subscription; or
- the first 2 weeks offered.
Basic-Fit reserves the right to define which offer applies. The offer applicable at the time of your subscription is specified on the Website or on the Self-Service Terminal. This Welcome Offer does not apply if you choose the flexible option and it does not constitute a promotion. The Welcome Offer cannot be combined with a promotion: when a promotion is applied, the Welcome Offer becomes inapplicable with the exception of the sports bag.
4-week period: a period of 4 consecutive weeks. Your Contract is divided into periods of 4 consecutive weeks each, the first period starting on the Effective Date. If you have opted for a payment every 4 weeks, the payment date will be determined based on 4-week periods.
ARTICLE 2: BECOME A MEMBER AND ACCESS - RIGHT OF WITHDRAWAL
a. You can subscribe in one of the following ways:
1. on the Basic-Fit website, by completing the online registration form (www.basic‐fit.com/en-lu); or
2. in any Club, by completing the registration form at the Kiosk.
b. If you register through the Basic-Fit website, you have the right to withdraw, without motivation, within 14 days from the date of your registration, by email to the service address.clientele@basic-fit.lu, by post to Postbus 3124, 2130 KC Hoofddorp, The Netherlands, or using the withdrawal right template available in the Appendix or available on this link: https://www.basic-fit.com/on/demandware.static/-/Library-Sites-basic-fit-shared-library/default/va8b5236a483f7a0a10045143f70f2ae39bbf9c2c/PDF/BF_Legal_withdrawal%20form_LU.pdf. This right of withdrawal does not apply for registration made at the Club. If you decide to make use of your right of withdrawal and the membership has not been used during this 14-day period, this cancellation is free of charge. If the membership was used during this 14-day period, Basic-Fit may reserve the option to retain a portion of the membership amount paid pro rata (i.e. from membership activation until the day of cancellation, including any registration fees). You will be refunded as soon as possible, and no later than 14 days after receipt of your request for cancellation of the Membership, using the same payment method as the one initially chosen by you. You cannot exercise your right of withdrawal at the Kiosk.
c. If you join Basic-Fit before the opening date of a new Club and the opening date of the Club, you will be considered a Founding Member. This means that if you subscribe to a membership, its rate will be 19.99 euros per 4 Week Period, unless you change your membership, or unless you terminate your membership, in which case you would lose this Founding Member status. The price may possibly be increased under the conditions of Article 5.j. This is only valid for the membership of the Founding Members, for a minimum commitment period of one year, with two payment options: (i) Payment every 4 Week Period – in which case, at the end of the minimum commitment period of one year, your Contract will be automatically renewed unless otherwise requested; or (ii) Payment in advance at one time for the minimum commitment period of one year – in which case, at the end of the minimum commitment period of one year, your Contract will be automatically renewed with a full prepayment of the annual fee unless otherwise requested.
d. Between the subscription date of your membership and the opening date of the new Club you can freely terminate your membership.
ARTICLE 3: MEMBERSHIP, TERM
a. We offer different types of memberships, you will find all the details on our website (https://www.basic-fit.com/en-lu/home) or in our Clubs.
All types of memberships give unlimited access to your Reference Club during opening hours but also to online courses and LIVE group lessons with instructor. With a Founding Member membership, you have access only to your Reference Club on Luxembourg territory. With a Comfort membership, you have access to all the clubs present in Luxembourg. With a Premium membership, you also have access to all other Clubs in Europe.
b. When you register, you indicate the type of membership you want to subscribe to. You can subscribe to all our membership types for:
1. a minimum commitment period of one year, with a payment occurring every 4 Week Period, automatically renewed after one year for an indefinite period, with a payment every 4 Week Period; or
2. a fixed commitment period of one year, with an initial payment in full, automatically renewed after one year for an indefinite period, with a full prepayment of the annual contribution each year; or
3. the flexible option: a closed 4-Week Period, which will be automatically renewed for an indefinite period unless you request its termination, with payment for all 4-Week Periods. You can benefit from the Flexible Option for an additional cost (the Welcome Offer is not applicable if you choose the Flexible Option).
c. With your membership, you have access to the Basic-Fit app.
d. With the Premium membership, you can bring a Friend.
e. If you want to visit our facilities occasionally or simply try them out, you can also buy a “ Day Pass ” at the Kiosk, from the age of 16. With the “ Day Pass ”, you can enjoy the LIVE Group Lessons with instructor if they are available at the Club concerned. After purchasing a “ Day Pass ”, you have 7 days to activate it. The “ Day Pass ” thus gives a unique access (1 single entry), the day of the activation of the “ Day Pass ”, to the Club of your choice in the country of purchase. The Welcome Offer is not applicable when purchasing a “ Day Pass ”.
f. If you decide to change your membership type through the Basic-Fit website, you have the right to withdraw, without motivation, within 14 days from the date of said change, as indicated in Article 2.b. In this case, the change will be cancelled and you will find your initial membership until the end of your initial Contract (as well as for its possible renewals, if applicable).
g. In case of change of membership, the Effective Date of the Contract becomes the date of thesubscription of the new membership`.
ARTICLE 4: OPTIONS
a. In addition to the membership type, we offer different Options. These may differ depending on the Clubs. Current information, including options rates, can be found at www.basic-fit.com/en-lu or you can request them on site, at any Club.
b. You may subscribe to an Option during subscription or during the term of the Contract with the exception of the flexible option which can only be selected when subscribing to the Contract or outside the firm commitment period. An Option may be terminated at any time during the term of the Contract. The termination of Option(s) is possible in the same way as the registration for the Option (via My Basic-Fit or the Club Kiosk or by mail or email addressed to our customer service), given a minimum notice period of a 4 Week Period that will begin on the first day of the next 4 Week Period. If you have a full prepayment membership, you will find the next possible termination date on My Basic-Fit. In any event, the Option ends at the end of the Contract.
c. Options are activated immediately so that you can take advantage of them without delay. Articles 2 and 3 of these Terms and Conditions apply to all Options. If you choose a membership with a payment every 4 Week Period, the cost of the Options will be added to that of your membership so that the total amount of both payments is deducted at once. If you subscribe to an Option after the first day of your membership, you will be liable for a membership fee for the Option calculated in proportion to the cost of the Option for the period between the day of its activation and the first day of the next 4-Week Period. If you have opted for a membership with full early payment, you will have to pay for the Options in advance, at the same time as your membership. If you subscribe to an Option after the first day of your membership, you will be liable for a contribution for the Option calculated in proportion to the cost of the Option for the period between the day of its activation and the end of your Contract.
d. If you have the “YANGA Sports Water” option, during your sport, you can fill your YANGA Sports Water bottle at will. However, a reasonable time interval applies between two fillings. Make sure your gourd is big enough.
e. If you become a member and want to discover the Club, you can purchase an introductory session within your Club. Only you, not your friend, can do it. However, you can buy several sessions so that your Friend can benefit. Basic-Fit does not directly provide the introductory sessions but outsources them to the professionals present in the Club concerned who are in charge of Personal Training services.
f. The training programs available online or on the application do not constitute a personalized personal coaching service; the service consists in publishing online sports programs and trainings. The training programs and advice are provided for information purposes only; they cannot be considered as specific advice (such as medical or dietary). You follow these programs at your own risk. It is your responsibility to adopt reasonable, appropriate and thoughtful behavior when viewing and reproducing the exercises, consistent with the attached instructions and your own abilities. For example, by adapting the exercises, their intensity, their frequency and the break times according to your own limits. If in doubt, and particularly in the event of pregnancy or illness, we recommend that you consult a doctor to ensure the compatibility of the services offered with your state of health.
ARTICLE 5: RATES AND PAYMENT
a. All membership types have their own rates and terms. You will find them on the Basic-Fit website or within the Clubs.
b. If you become a member of Basic-Fit, we charge a registration fee. These registration fees may vary depending on the type of membership or if there is a promotion offer. If your membership has expired and you want to become a Member again, you must pay the registration fee again.
c. When you become a Member, membership fees are due from the date of subscription. The SEPA debit authorization takes effect at the same time. All memberships are due and payable by advance payment in accordance with Articles 5d and 5e.
d. If you choose a Contract with a commitment period of one firm year with an initial payment in full, the first payment will be made by online payment or by credit card at the Kiosk, then the following possible payments will be made in advance each year by SEPA direct debit. In this case, no SEPA domiciliation per 4-week period will be launched. If the Contract is renewed for an indefinite period at the end of the initial period, it may be terminated at any time subject to notice of a 4-week period, and the amount of undue contribution paid will be returned to you pro rata to the time spent, if applicable.
e. If you choose a Contract with payment every 4 Week Period, the first payment will be made by online payment or credit card at the Kiosk, then payment will be made every 4 Week Period by SEPA direct debit and at the rates applicable to your membership. Each debit covers a 4-week period. This means that 13 debits will be executed per year. Therefore, once a year, there are 2 debits in a calendar month.
f. If, during the term of your Contract, you no longer wish to pay for your membership by SEPA mandate, you can indicate this to our customer service. In this case, we will block SEPA mandate and you will be responsible for the one-time payment of the amounts due under the Contract. Such payments may be made by credit card at the Kiosk.
g.If for any reason, except the fault of a third party or a technical malfunction, we fail to collect your payment (e.g. for cancellation, insufficient balance, etc.), then we request payment again to your bank. If you do not comply with your payment obligation, your QR-Code or Member Card will be blocked(e) until you comply with your payment obligation.
h. If you do not comply with your payment obligation after we have given notice of default, you will be in default. As of that moment, we are able to outsource the claim. We will also have the right to terminate the Contract at the end of the contractual term. At the end of the contractual term you will have to pay all membership fees payable over the duration of the Contract.
i. We reserve the right to change rates and/or conditions after the end of the contractual period. We will always inform you one month in advance, after which you will have the option to terminate the Contract at no cost, provided that you inform us in writing (email or registered letter), and with the exception of the affiliate agreement that may be terminated flexibly. In the event of termination, it must take place within 4 weeks of the announcement of the change, subject to a notice period of at least one 4-week period. In the absence of timely notice of termination, the contract will be extended with the conditions modified into an indefinite Contract, which may also be terminated in this context as indicated in the Contract. Changes of prices due to public measures can be applied immediately regardless of their height and do not give rise to termination. This also applies to memberships of Founding Members.
j. If you do not use the Contract or the Options, there will be no refund of your contribution, with the exception of any special cases expressly stipulated in these Terms and Conditions.
k. Prices are indicated VAT included, corresponding to the sum of the amounts excluding taxes to which the VAT in force is applied. Basic-Fit reserves the right to carry forward any new tax and VAT rate increase on these prices as soon as they come into force.
l. You agree to receive your invoices electronically on My Basic-Fit.
ARTICLE 6: QR-CODE AND MEMBER CARD
a. The Member Card and QR-Code are the property of Basic-Fit and you can only use them for the duration of the Contract.
b. The Contract, QR-Code or Member Card cannot be transferred to a third party. This is a personal membership.
c. With the Premium membership, you can come to the Club with a Friend within the limit of a simultaneous presence at the Club of 2 people maximum accessing the Club within an interval of 15 minutes. Each person must scan their own QR-Code or Member Card to access the Club. It is you who register a Friend (via My Basic-Fit, either on the website or on the Basic-Fit mobile application). Your Friend must also comply with these Terms and Conditions and the House Rules to be able to access the Club. Then your Friend will receive a provisional QR-Code. Your Friend may not take advantage of the Options you have added to the Contract.
d. For all memberships other than Premium, you are not allowed to bring a Friend with your membership. If you want to be accompanied by someone who is not a Member, this person can obviously buy a daily access, called “Day Pass”.
e. These Terms and Conditions and our House Rules also apply to Registered Friends and Day Pass holders and any person accessing a Club using promotions or other access conditions. As a Member, you are responsible for how the Contract, QR-Code and Member Card are used or misused. You must therefore ensure that Friends comply with and comply with Basic-Fit’s Terms and Conditions and House Rules.
f. If the person you wish to take as a Friend is between 14 and 16 years old, this person will only be able to come and train at the Club accompanied and supervised by you. Children under the age of 14 cannot be registered as Friends and are not allowed to access our clubs.
g. If you lose your Member Card or if it is stolen, you can buy a new Member Card at the Kiosk or benefit from a new QR-Code. With QR-Code, you will always have your means of access at your fingertips. As an alternative, we offer the possibility to purchase a new Member Card at the Club’s Kiosk. Any purchase of a new Member Card will automatically block the old Member Card. The contribution for the new Member Card is €20.00. This contribution must be paid by credit card to the Kiosk, after which the new one will be activated. In the meantime, your payment obligation remains in effect.
h. In order to limit QR-code fraud, a reasonable limit applies to the number of times the QR-code display device can be changed.
ARTICLE 7: OPENING HOURS
a. Basic-Fit indicates the opening hours for each of its Clubs. It is possible in some cases that different opening hours are applied between Clubs, especially in the event of an accident, holidays or force majeure.
b. Basic-Fit is allowed to temporarily or permanently change the opening hours (in whole or in part) of a Club, based on objective reasons. Basic-Fit will be able to make a permanent change unilaterally, provided that this is of only minor importance in relation to the total number of opening hours or the start or end time. This is in all cases a gap of up to two hours before or after opening and/or closing.
c. Opening hours can never be advanced thereafter as an absolute condition (condition sine qua non) to conclude the Contract. You will never be able to use this adaptation to unilaterally terminate the Contract, especially since Basic-Fit's main commitment is to make the fitness area available with its equipment, unless you can demonstrate that you have come to the Club for at least 50% of your visits at a time when the Club in question is no longer open; for the determination of this 50%, a minimum of 4 visits in the previous 3 months applies. In this case, Basic-Fit will refund you any amounts paid in excess.
d. We wish to properly maintain our Clubs and sometimes we cannot avoid a temporary or partial closure. If your Reference Club or Club of choice cannot open or not completely for any reason (for example due to work or force majeure), or is unable to provide all services, you are always welcome in one of our other Clubs. If you cannot train in your Reference Club for a period of more than 14 days or if we have to permanently close a Club for any reason or transfer it to another location, we may replace your Reference Club with the nearest Club, within a maximum radius of 5 kilometers of the Club initially mentioned as a Reference Club in your Contract. If this is not the case and it is a temporary closure, the Contract will be extended free of charge to the benefit of the member for the period during which Basic-Fit was unable to fulfill its obligations.
e. If after closing or moving a Club, there is no other club within this radius, you may terminate the Contract free of charge and without notice from the date of closing or moving.
f. If you are a Founding Member and your Reference Club permanently closes, you will retain your terms in the new Club that you designate as the Reference Club. In this case, Founding Members must choose a new Reference Club within a maximum period of two (2) months from the closure of their Reference Club in order to retain their status as Founding Member.
g. Some of our clubs are open 24 hours a day on certain days. You can see which clubs these are on our website. If a club is open 24 hours a day, these clubs may not have staff at certain times. This will usually be between 10:30 p.m. and 8:30 a.m. During this period, there is no supervision by a person physically present in the club, but for more security there is supervision with an innovative security system and support via intercom. It is recommended to have a panic button collar (available at clubs) on hand during staff-free opening hours. The changing rooms can be closed, in some clubs, between 10:30 p.m. and 7:00 a.m. You must be at least 18 years old to use the club between 10:30 p.m. and 7:00 a.m.
ARTICLE 8: ADAPTATION OF GROUP LESSONS
a. We want our lessons’ offer to always be updated. This means that we regularly adapt courses, course content, type of course and course schedule. This applies both to “virtual” lessons and to LIVE group lessons with instructor. Occasionally, a LIVE Group lesson with instructor may be cancelled.
b. With regard to the amendment of the LIVE Collective lessons with Instructor, Article 7c applies by analogy.
c. In the case of LIVE Group lessons with Instructor, you can use Basic-Fit’s Group lessons’ facilities unlimitedly during Club opening hours where these lessons are offered. Only members and friends aged 14 and over can participate in the LIVE Group lessons with Instructor. These courses are not offered in all Clubs, infrastructures and schedules of "LIVE group lessons with instructor" varying according to the Clubs. The related information can be obtained from the Club concerned or from the Basic-Fit website. A maximum number of participants applies for each “LIVE group lessons with instructor”, especially for health and safety reasons, Basic-Fit therefore does not guarantee systematic access to “LIVE group lessons with instructor”. Basic-Fit may state that “LIVE group lessons with instructor” must be booked in a manner to be defined by Basic-Fit (for example: reservation in the Club concerned, via the Basic-Fit mobile application or on the Basic-Fit website).
ARTICLE 9: MOVE OR INJURY
a. If you are about to move, you can continue to train in our Clubs. We will adapt your Reference Club to the Club closest to your new address, or to another Club according to your preference. If there is no Club within 15 km of your new address, you can indicate which Club you wish to designate as the Reference Club. In this case too, we offer you the possibility of terminating your Contract prematurely, with at least one 4-week period. In this case, we will ask you to prove that you have changed your address by providing us with a copy of proof of domicile of less than 3 months.
b. We hope you come to train with us in good health. For all forms of membership, you can take advantage of the possibility to suspend said membership for medical reasons, subject to the conditions defined below:
• affiliation can only be suspended after Basic-Fit receives a valid medical certificate (via live chat, email or by post to Basic-Fit customer service) certifying that the Member is temporarily unfit for the practice of sport;
• the medical certificate indicates that from the moment the certificate is sent to Basic-Fit, at least one month of suspension is required;
• the suspension is effective from the time of its receipt by Basic-Fit and has no retroactive effect;
• the suspension is for a fixed period and ends on the date indicated on the medical certificate provided;
• the suspension shifts the duration of your contract pro rata to the duration of the suspension;
• a one-time administrative fee of EUR 5 will be charged for processing the suspension.
c. If you present a medical certificate certifying that you will no longer be able to train for a period of at least 12 months from the date of delivery of the medical certificate, Basic-Fit will terminate your membership to your request from the date of receipt by the customer service of the request for this purpose, accompanied by the medical certificate (by live chat, email or by post to the customer service of Basic-Fit).
ARTICLE 10: TERMINATION OF THE MEMBERSHIP
a. If you have entered into a Contract for the minimum commitment period of one year and payment every 4 weeks, you can terminate it no later than 4 weeks before its expiry. If you do not do so, the Contract will be extended for an indefinite period and may then be terminated at any time without compensation, subject to notice of one 4-Week Period. Reciprocally, Basic-Fit may terminate this Contract no later than 4 weeks before its firm period expiry and afterwards with a prior notice of one 4-Week Period.
b. If you have entered into a Contract for the minimum commitment period of one year and advance payment in full, you may terminate it no later than 4 weeks before its expiry. If you do not do so, the Contract will be extended for an indefinite period and may then be terminated at any time without compensation, subject to notice of one 4-Week Period and, if applicable, the amount of overpaid contributions will be returned to you in proportion to the time spent. Reciprocally, Basic-Fit may terminate this Contract no later than 4 weeks before its firm period expiry and afterwards with a prior notice of one 4-Week Period.
c. If you have entered into a flexible terminable contract, you may terminate it at any time at no cost given a notice period of one 4-week period. Reciprocally, Basic-Fit may terminate this Contract with a prior notice of one 4-Week Period.
d. You may terminate your Contract in one of the following ways: at the Kiosk or via My Basic-Fit (either on the website or on the Basic-Fit mobile application), by email or by post. In the event of termination by email and postal mail, please indicate the following information: your surname and first name, your Member number and the address of the Reference Club.
e. Our goal is to create an environment in our Clubs where everyone respects each other and complies with the rules in force. If you do not comply with the provisions of the Contract, the internal regulations or these Terms and Conditions, or if you adopt a behavior deemed unacceptable, Basic-Fit may refuse you access to the Clubs and unilaterally terminate the Contract for fault (with immediate effect). Subscribing again after such an exclusion is a legitimate reason for immediate termination of the new membership and prorated refund, except for registration fees that will remain acquired at Basic-Fit.
f. Exercising together is encouraged at Basic-Fit. However, coaching other club athletes is left only to personal coaches with whom we work exclusively. If, despite this, you offer personal training services or other commercial activities, this may be a reason for Basic-Fit to terminate your contract and claim compensation for the damage suffered.
g. If you allow access to the Club in any way to another person, in violation of these Terms and Conditions or House Rules, whether the person is a Member or not (for example by lending them your card or your personal QR-Code, bringing it in with you through the access door without this person having a QR-Code or a Member Card), Basic-Fit can charge you the value of a "Day Pass", as well as a sum of five euros for processing costs, and block you from accessing the Club until the payment of said sum. In the event of repeated violations of these Terms and Conditions and/or the House Rules, Basic-Fit is entitled to terminate your Contract.
h. If you can demonstrate that Basic-Fit does not seriously comply with its contractual obligations and only if you inform Basic-Fit by registered letter within 7 days of the finding of this violation, Basic-Fit undertakes to immediately terminate the Contract and, if necessary, to repair the damage suffered.
i. Any means of termination on your part other than those mentioned in Articles 9b, 9c, 10a, 10b, 10c, such as unilateral termination of payments per 4-Week Period, will be considered an unlawful termination of the Contract. In these cases, all membership fees remain due. If you do not pay these contributions voluntarily, Basic-Fit may use a collection office to recover the contributions due. Article 5h above will therefore apply from this date.
ARTICLE 11: RISKS AND LIABILITY
a. The practice of a sport is accompanied by risks. If you use our facilities, you must be able to assess for yourself what you are capable of. We do not offer active support by staff within the Club. You can use a personal trainer, an introductory session or rely on the tips and advice we give in our application or by other means in the Club. But you still remain responsible for how you train and the choices you make in that regard. The use of our facilities is at your own risk. In case of doubts about your physical condition, we recommend that you seek the advice of a doctor or specialist to determine which method is most appropriate for your sporting practice.
b. Basic-Fit and our employees are not responsible for any material or immaterial damage caused by an accident or injury that you are the victim of in one of our clubs, or when using our equipment and massage chairs, except for bodily damage caused by Basic-Fit’s actions or omissions.
c. We advise you not to take valuables to clubs. Basic-Fit always makes lockers available but their use is at your own risk. Experience teaches us that no locker is safe for experienced thieves. Basic-Fit disclaims any liability for damage, loss or theft of your personal belongings, except for cases caused intentionally or by gross negligence on the part of Basic-Fit.
ARTICLE 12: CLAIMS
We strive to serve everyone and we want to offer access to our sports facilities to as many people as possible. If you have a complaint, we deplore it but we obviously want you to let us know. You can first contact the Host of our Clubs and then Basic-Fit customer service, as described on our website or via My Basic-Fit. If your complaint remains without effect, please refer to Article 17 below.
ARTICLE 13: PERSONAL DATA
a. For the performance of your Contract, we collect and dispose of some of your personal data. Basic-Fit processes your personal data in an appropriate and prudent manner, all within the framework of the law and regulations applicable to the protection of personal data, such as the General Data Protection Regulation (GDPR).
b. In this regard, Basic-Fit’s privacy statement lists the data we process, for what purposes we do it, and how we process personal data. In addition, the statement explains how interested persons can exercise their rights over the processing of their personal data. You can find Basic-Fit’s privacy statement on our website.
c. To ensure the safety of people and property in our clubs, we use an innovative security system, available 24 hours a day, with an intercom in the club. Video and audio monitoring is limited to the gym and is not present in toilets, showers and changing rooms. The operation, use, rules and safeguards are defined in our Surveillance Camera Regulations.
ARTICLE 14: MODIFICATION OF DATA
a. Any changes to your personal situation (e.g. address or bank details) must be reported directly via My Basic-Fit to customer service.
b. In the event of non-transmission of these changes, and when Basic-Fit must incur a fee to know the new personal data, these fees will be borne by the Member.
ARTICLE 15: HOUSE RULES
a. You are informed that Basic-Fit has established an internal regulation available on the website of Basic-Fit, which regulation can also be consulted at the counter of each Club if necessary.
b. Basic-Fit may at any time refuse access to Clubs to persons whose behaviour is contrary to the House Rules.
c. In addition to the internal regulations, Basic-Fit may implement additional health rules in order to comply with the instructions of the competent authorities. In this case, Basic-Fit may refuse access to its Clubs to any person (Member, Young Member, Friend or anyone) whose behavior violates the health rules; any act in violation of these health rules may give rise to immediate exclusion in accordance with Article 10.e above.
d. In the event of a conflict between the present General Terms and Conditions and the House Rules, the General Terms and Conditions shall prevail.
ARTICLE 16: CUSTOMER SERVICE CONTACT DETAILS
a. Our customer service contact details are as follows:
• online on our website: https://www.basic-fit.com/en-lu/service-client
• mailing address: Postbus 3124, 2130 KC Hoofddorp, Netherlands
b. You can find more information on the Basic-Fit website: www.basic-fit.com/en-lu.
c. You can also make some adjustments on your own via My Basic-Fit.
ARTICLE 17: APPLICABLE LAW AND DISPUTES
a. Only Luxembourg law applies to these Terms and Conditions and to all Contracts concluded by or with Basic-Fit.
b. All disputes concerning the Contract concluded between the Member and Basic-Fit will be examined by the competent judge.
c. You can (also) access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr/. Please note that we are not required to participate and will not participate in a dispute resolution procedure before a consumer arbitration board in order to settle legal disputes with consumers.
APPENDIX: WITHDRAWAL RIGHT TEMPLATE
Withdrawal is only possible within 14 days of your remote registration (on our website).
Please complete and return this form only if you wish to withdraw from your membership contract subscribed remotely, at the following address:
• Email: service.clientele@basic-fit.lu
• Postal route: Postbus 3124, 2130 KC Hoofddorp, Netherlands
I hereby notify you of my withdrawal from the contract relating to the membership below:
Membership date:
Membership No.:
Name:
First name:
Email:
Address:
Postal code:
Executed in:
On:
Mandatory signature (paper version)