ARTICLE 1: DEFINITIONS
If you are a Member or if you wish to become a Member and use our services or products, you must act in compliance with a list of clear and transparent agreements. By signing up, you declare that you accept these terms and conditions, as well as the Basic-Fit house rules. You can find the terms and conditions and house rules at www.basic-fit.com/es-es or receive them at the front desk at any Club.
Basic-Fit: Basic-Fit Spain S.A. and the services and products that we offer under the name Basic-Fit.
Pass: your membership card which you must have to access into one of our Clubs.
Club: the physical place where Basic-Fit offers its fitness-related activities. This may also be your Home Club.
Extra: these are the services or facilities that can be purchased from Basic-Fit in addition to your membership.
Host: the employee who ensures the management of a given Club.
Co-user: if you choose our Premium membership, you can designate one other person as a Co-user of your membership, under the condition that that person is 16 or older, that you live at the same address and that you have registered your Co-user in MyBasic-Fit. Your Co-user has the same rights as you, however you are still the membership holder and the only person able to make any modifications to your membership. Your Co-user may also be required to prove that they live at the same address as you by providing supporting documents (e.g. an official registration document and/or an identity document).
Effective Date: the Contract takes effect on the day on which you subscribe with Basic-Fit. The Effective Date (as well as the fixed Contract period) will be postponed if you use a promotion in which you can exercise for free. E.g. if the promotion is: “you can exercise for free until 1 July and you subscribe on 12 May”, the Effective Date of your Contract is 1 July. You may of course exercise at your Club during the promotion period (between 12 May and 1 July), yet you will not have to pay fees, subject to the conditions of art. 6.
Similarly, if you subscribe before your Club has opened by taking advantage of our pre-sales, your Contract will take effect on the date on which your Club opens, and not the date on which you subscribe.
Self-service hub: the digital self-service hub available at our Clubs. Using this hub, you can, for example, subscribe for or cancel a membership, modify your details, and add or adapt the Extras, among various other options.
Member: you can become a Basic-Fit Member if you are an individual (natural person) age 16 and above. Basic-Fit may ask you to provide a form of identification to prove that you are the holder or Co-user of your Pass, or to check your age.
Contract: the Contract that is concluded between Basic-Fit and the Member when they subscribe for a membership. These terms and conditions also form part of your Contract, as do the specific conditions that may apply to your chosen Extras.
Home Club: the Club in which you are authorised to exercise and that is indicated in your Contract as your "base" Club. This is the Club closest to your home, or another Club if you yourself have indicated as such when subscribing. With a Basic membership, you only use this Club. With a Comfort or Premium membership, you can use any of our Clubs, but we still appoint one Club as your Home Club. If you have a Basic membership, you can change your Home Club a maximum of twice a year.
Friend: if you have a Premium membership, you and your Co-user can bring a Friend. This Friend must register in order to obtain access to the Club, as outlined in art. 6b.
4-Week-Period: these are the periods that make up your Contract. These start to run from the Effective Date and if you have opted to pay every 4 weeks, are used to determine the moments of payment.
ARTICLE 2: BECOMING A MEMBER
a. You can subscribe as Member in any of the following ways:
1. On the website by filling out the online membership application form; or
2. At the Club directly by filling out the membership application form on one of our Self-service hubs. In case of technical problems or preference, you can also fill out a paper form at one of our Clubs.
b. If you subscribe online or over the phone, you have the right to cancel your Contract, without giving any reason, within 14 days from the date on which you subscribe. You can exercise this right using any of the methods outlined in art. 9c. This possibility to exercise your right of cancellation does not apply if you subscribe at one of our Clubs. If you decide to exercise your right of cancellation within this 14-day period, and your membership has not been used during such period, the cancellation is free. If your membership has been used, Basic-Fit may reserve the right to retain part of the membership fee on a pro-rata basis (i.e. from the date of activation of the membership until the date of cancellation, including any start-up fees).
ARTICLE 3: MEMBERSHIP, DURATION
a. We offer a selection of different types of membership, the details of which can be found on our website or at any of our Clubs. All membership types include unlimited access during your Home Club's opening hours and to the virtual group classes offered at your Club. With a Comfort or Premium membership, you also have access to all Clubs.
b. You are asked to indicate your chosen membership type when you subscribe. All membership types are available for:
1. a fixed 1-year period, automatically renewed for an indefinite duration unless you request its cancellation, with payment per 4 weeks,
2. a fixed 1-year period, which ends automatically, and with complete pre-payment of the full amount, or
3. as the flexible option: a fixed 4-week period, automatically renewed for an indefinite duration unless you request its cancellation, with payment per 4 weeks. You can benefit from the flexible option at an extra cost.
c. The Comfort and Premium memberships include access to the Basic-Fit app.
d. If you have a Premium membership, you can share your Pass with a Co-user or bring a Friend to the Club with you.
e. If you just want to use our facilities occasionally without a Contract or simply want to try them out, you can also purchase a day pass from the Self-service hub. The day pass also provides you with access to the LIVE group classes with instructor if they are available at your chosen Club. Once you have purchased a day pass, you have a limited time of 7 days to activate it. The day pass provides you with one-off access to the Club of your choice in the country of purchase for the date of activation only.
ARTICLE 4: EXTRAS
a. On top of your chosen membership, we offer a range of optional Extras. These may vary from Club to Club. Up-to-date information on these optional Extras, including the related costs, can be found on the Basic-Fit website. Alternatively, you can request this information directly at any Club.
b. You can add an Extra when you first subscribe or at any point during your Contract. Similarly, you can remove an Extra from your Contract at any point during its term. You can remove an Extra in the same way as you subscribe to an Extra (via My Basic-Fit or on the Self-service hub), as long as you give at least a 4-Week-Period’s notice (see art. 9b). If you have chosen a Contract with complete pre-payment you will be able to see the next possible cancellation date in My Basic-Fit. In any event, the Extra is automatically terminated at the end of your Contract.
c. Extras are activated immediately so that you can use them straight away. Articles 2 and 3 of these terms and conditions apply to all Extras. If you choose a membership with payment every 4 weeks, the cost of the Extra will be added to your membership so that both amounts are taken at the same time. If you subscribe to the Extra after the start of your membership, you will have to pay a pro-rata fee for the Extra for the period between activation and the first day of the next 4-Week-Period. If you choose a membership with complete pre-payment, you will have to pay the cost of the Extra in advance, at the same time as your membership. If you subscribe to the Extra after the start of your membership, you will have to pay a pro-rata fee for the Extra for the period between activation and the end of your Contract.
d. If you have the Basic-Fit "LIVE group classes with instructor" Extra, you can participate in such classes during the opening hours of the Clubs where these classes are offered. Only members and Friends ages 16 and older are permitted to take part in the live group lessons.
e. If you opt for the "YANGA Sports Water" Extra, you may fill up your water bottle when you need to whilst exercising. A reasonable minimum time between refills shall nevertheless apply. Make sure that your water bottle is big enough.
f. If you subscribe as a Member and want to find out a bit more about your new Club, you can purchase an introduction session at the Club. Only you are able to do this - the option to purchase these sessions is not available to your Co-users or Friends. Nevertheless, you may purchase several sessions, which your Friends and Co-users may then use. Basic-Fit does not carry out the introduction sessions directly, but subcontracts them to the company responsible for providing personal training services at your Club.
ARTICLE 5: COSTS AND PAYMENT
a. All membership types have their own applicable costs and conditions. You can find them on our website or at one of the Clubs.
b. If you become a Member, we may charge you a start-up fee, on top of the membership fee. This start-up fee may vary depending on the type of membership you choose and whether any promotion applies. If you have cancelled your membership and you want to become a Member again, you must pay the start-up fee again.
c. When you become a Basic-Fit member, the membership fee is due from the moment of subscription. All membership fees are due and payable in advance, in accordance with art. 5d and 5e.
d. If you choose a one-year Contract with complete pre-payment, the full cost for the year is paid in one instalment in advance at the moment of subscription.
e. If you choose a Contract with payment every 4 weeks, the first payment shall be settled upfront when you subscribe. Following this, payment will be taken every 4 weeks in accordance with the prices for each membership. Each direct debit payment shall cover a period of 4 weeks. This means that we will take 13 payments per year. As a consequence, once a year, 2 payments could be taken during the same calendar month.
f. If you fail to respect your payment obligations, your Pass will be blocked until you comply with said payment obligations.
g. If after receiving formal notice of failed payment you still do not comply with your payment obligations, you will be considered to be in default. We may then charge you for the costs of recovering payment and transfer our claim to a third party. We will also have the right to terminate your Contract with immediate effect, without prejudice to your payment obligations.
h. The Contract amount will be revised annually, after one year has passed since the conclusion thereof, with the sole purpose of applying the annual CPI change over the previous 12 months to the monthly membership fee paid. For this purpose, the last index officially published by the Spanish Statistical Office (INE) on the date on which the update is to be made shall apply.
i. If you do not use the services offered under the Contract or any of the Extras, you will not be reimbursed for any costs, except in the event of the special cases expressly stipulated in the present terms and conditions.
ARTICLE 6: PASS
a. To be granted entry into a Club, you must have your Pass with you. Your Pass is the property of Basic-Fit and you may only use it for the duration of your Contract.
Your Contract cannot be transferred to a third party. For Premium memberships, you or your Co-user may bring a Friend with you to the Club, or you may bring your Co-user (if your Co-user is registered as a "Friend"). Only two individuals (out of you, your Co-user and a Friend) may attend the Club at the same time. You are not permitted to bring a Friend if you are signed up with any of our other types of memberships. If you want to bring someone who is not a Member, this person can purchase a day pass.
You must register your Friend via My Basic-Fit (by going to the website or the Basic-Fit app). Your Friend must also accept these terms and conditions and the house rules before entering the Club. Your Friend will then receive a temporary access code. Your Friend won't be able to benefit from any of the Extras that you have added to your Contract, with the exception of LIVE group classes with instructor if you have selected these as an Extra.
If the person who you want to bring as a Friend is between the age of 14 and 15, this person can only come to train at the Club accompanied by you or by your Co-user. People under the age of 14 cannot be registered as a Friend and are not allowed to access our clubs.
b. As a Member, you are responsible for the way in which your Membership and Pass are used. You must therefore ensure that your Co-users or Friends respect and comply with these terms and conditions and the Basic-Fit house rules.
c. If you lose your Pass or if it is stolen, you can purchase a new Pass at the Self-service hub at your Club. Purchasing a new Pass will result in your old Pass being automatically blocked. The cost of a new Pass is €5.00. Payment must be made, after which the new Pass will be activated. In the meantime, you are still required to pay your membership fee.
ARTICLE 7: OPENING HOURS
a. Basic-Fit shall indicate the opening hours for each of its Clubs at the Club and on its website.
ARTICLE 8: RELOCATION OR INJURY
a. If you move house, you can continue to work out at our Clubs. We will transfer your Home Club to the closest Club to your new address or another Club, if you prefer. If there is no other Club within a radius of 5 km of your new address, you can specify which Club you would like to designate as your Home Club. In that case, we will also give you the option of terminating your Contract prematurely, subject to a notice period of a 4-Week-Period (see art. 9b). In that case, we will ask for proof of your new address by providing a copy of the registration with the municipality.
b. We hope that you are fit and healthy when you come and work out with us. If you can no longer use your membership in the long term for medical reasons, you can terminate it by providing proof that you are no longer able to use the membership in view of your medical situation, for example by means of a doctor's certificate, effective as of our receipt of the request and proof.
ARTICLE 9: SUBSCRIPTION CANCELLATION
a. If you have entered into a Contract with a one-year period and payment every 4 weeks, you can cancel it no later than 4 weeks before the expiration of its fixed period. If you do not terminate the Contract as outlined above, it will be renewed tacitly and subsequently for an indefinite period and can thereafter be terminated at any point with a 4-Week-Period’s notice (see art. 9b).
b. If you have entered into a Contract with flexible termination, you can terminate it at any point with at least a 4-Week-Period’s notice. If you only want to subscribe for one 4-Week Period, notice should be given at the moment of subscription.
c. You may terminate your Contract in several ways. You can do so at one of our Self-service hubs at any of our Clubs (remember to print yourself a copy of your proof of termination) or via My Basic-Fit (by going to the website or the Basic-Fit app).
d. Our aim is to create an environment in our Clubs in which everyone respects each other and complies with the rules. If you repeatedly do not comply with the provisions of the Contract or with the house rules, or if you act violently, or in a way that can disturb members, or that can affect the normal functioning of our business, Basic-Fit may exercise its right to refuse you access and terminate your Contract (with immediate effect), with a refund of excess paid amounts in case of a Contract with complete pre-payment. Subscribing again after being denied access constitutes a legitimate reason to immediately cancel your new subscription. In this case we will refund your excess paid membership fees, with the exception of the start-up fee.
e. At Basic-Fit, we encourage you to exercise with your friends. Nevertheless, personal training services can only be provided by our personal trainers inside our Clubs. If you are found to be breaching this regulation, we have the right to terminate your Contract, with a refund of excess paid amounts in case of a Contract with complete pre-payment.
f. If you provide anyone else with illegal access to one of our Clubs, for example by letting them through the door at the same time as you or giving them the Pass, Basic-Fit may order you to pay the value of a day pass and refuse you entry into the Club until you have paid said amount. In the event that you repeatedly breach the rules, Basic-Fit has the right to terminate your Contract, with a refund of excess paid amounts in case of a Contract with complete pre-payment.
ARTICLE 10: RISKS AND LIABILITY
a. Exercising comes with risks. If you use our facilities, you yourself must be able to analyse whether you are capable. We do not offer the active support of any staff within our Clubs. You can sign up with a personal trainer, purchase an introduction session, or follow the advice provided on our app or by other means within our Clubs. However, you remain fully responsible for the way in which you exercise and the choices that you make in this regard. If you have any doubts regarding your physical condition, we recommend that you seek the advice of a doctor or sports specialist to determine the most suitable way for you to exercise.
b. Basic-Fit and its employees are not liable for any material or non-material damage arising from an accident or injury suffered in any of our Clubs, except in case of intent or negligence.
c. We advise you to not bring any valuable objects into our Clubs. Basic-Fit always provides lockers, which you are welcome to use, but always at your own risk and peril. In our experience, no locker is secure enough to keep experienced thieves out. Basic-Fit will not accept any liability for any damage, loss or theft of your belongings, except in case of intent or negligence.
ARTICLE 11: COMPLAINTS
a. We endeavour to serve all our Members and we hope to offer access to sports facilities to as many people as possible with our Clubs. We are very sorry if you are dissatisfied with our services, and if you have a complaint, we want to hear about it. You can speak to the Host, contact our customer service, or fill out a complaint form at one of our Clubs, as outlined on our website.
ARTICLE 12: PERSONAL DATA
a. For the performance of your Contract, we collect and use some of your personal data. Basic-Fit processes your personal data in an appropriate and prudent manner, in compliance with the applicable legislation, the General Data Protection Regulation (GDPR).
b. The Basic-Fit privacy statement lists the personal data that we process, what we process it for, and how we process it. The statement also explains how data subjects can exercise their rights in relation to the processing of their personal data. You can find the Basic-Fit privacy statement on our website.
c. To protect the safety of the individuals and property inside and surrounding our Clubs, we use video and audio surveillance equipment to observe the Clubs that are open 24 hours a day. Video and audio surveillance equipment is only present inside the gym, and not in the toilets, showers or changing rooms.
ARTICLE 13: BASIC-FIT CUSTOMER SERVICE DETAILS
a. You can find our customer service details on: www.basic-fit.com/es-es/servicio-al-cliente
b. Address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands
c. You can also find more information on the Basic-Fit website: www.basic-fit.com/es-es
You can also arrange many things yourself on My Basic-Fit.
ARTICLE 14: APPLICABLE LAW AND DISPUTES
a. Spanish law applies solely and exclusively to these terms and conditions and to all Contracts concluded by or with Basic-Fit.
b. Any disputes arising in relation to the Contract between the Member and Basic-Fit shall be submitted to the competent courts in Spain.
Version as of 3 may 2021