ARTICLE 1: DEFINITIONS
If you are a member with us or want to become a member with us and use our services or products, we like to have
clear and transparent arrangements in place. The rules of the game so to speak. By registering, you declare that you
accept these terms and conditions and the house rules of Basic-Fit and that you will act in accordance with them.
The terms and conditions and the house rules can be found at www.basic-ft.com/nl-be and can be requested from
the reception desk at any Basic-Fit club.
Basic-Fit: This refers to HealthCity Luxembourg, with its registered seat at Auf der Hohkaul, L-5230 Luxembourg, Luxembourg, and services and products that we oﬀer under the name Basic-Fit.
Basic-Fit card: This is your access pass that you need to enter one of our Basic-Fit clubs.
Basic-Fit Club or Club: the physical place where Basic-Fit oﬀers its fitness-related activities. This can also be your home club.
Extra: these are the services or facilities that can be purchased from Basic-Fit in addition to the basic membership.
Host: Our Basic-Fit employee who takes care of the management of a Basic-Fit Club.
Co-users: If you choose our Premium membership, you can designate 1 other person as a co-user of your membership. Your co-user has the same rights as you, but you are the owner of the membership and only you can make changes to your membership. A co-user must be able to prove that they live at the same address as you. Basic-Fit can ask your co-user to register as such. Your co-user may be asked to demonstrate that you live at the same address. This could, for example, be via proof of registration at the municipal administration and/or an identification document.
Eﬀective date of contract: This agreement becomes eﬀective on the day on which you register. The eﬀective date of contract will be postponed if you use a promotion, for example work out for free until 1 July. If you then register on 12 May, for example, the eﬀective date of your contract will be 1 July. Of course, you can already use the gym in the period between 12 May and 1 July and, in the event of this promotion, this will not be subject to a payment, subject to Article 6. This does not alter the fact that these terms and conditions shall apply as of the moment of registration. If you register in response to our pre-sales prior to the opening of your club, your membership will become eﬀective on the date that your club opens and not the date of your registration.
Registration: a registration as a result of which you become a member of Basic-Fit. This is possible in one of the ways described in Article 2a.
Youth member: You can become a member with us from the age of 12. Youth members are members between the age of 12 and 16. In order to become a youth member, you need to come and register at the club with one of your parents or guardians who needs to give their consent for your agreement by signing the agreement. If you are between the age of 12 and 16, you are welcome to use the gym if you are under the supervision and responsibility of a person who is at least 16 years old and is a member themselves.
Kiosk: This is our online self-service portal that is available at the club. You can register on this and you can also use it to amend details and add or change extras in your agreement.
Member/members: You can become a member with us if you are a natural person. Basic-Fit can ask you to provide identification to demonstrate that you are the owner of the Basic-Fit membership card, or that you are a co-user.
Membership agreement or agreement: the agreement that is established between Basic-Fit and the member when an individual signs up for a Basic-Fit membership. These terms and conditions also form part of the agreement, as do specify terms and conditions that may be applicable to extras.
Home club: Your Basic-Fit club where you can train and that is designated as your base club in your agreement. This is the club closest to your home, or another club if you have designated one yourself when signing up. With our Comfort and Premium memberships, you can train in all of our clubs, but we still keep one club as your Home club.
Friend: if you have a Premium subscription, you and your co-user can always bring a friend. This friend must be registered before they gain access to the club as described in Article 3b of these terms and conditions.
ARTICLE 2: BECOMING A MEMBER AND ACCESS
a. You are welcome to become a member at Basic-Fit. This is possible in the following ways:
1. On the website by filling in the online registration form (www.basic-ft.com/nl-be); or
2. At the club by completing the registration form at the kiosk. If necessary or if you want to become a youth member, we still have normal paper registration forms at the clubs.
3. By phone by calling our customer service department on 025-887710 (standard call charges apply);
b. If you sign up on the website or by telephone, you are entitled to cancel your membership within 14 calendar days after the date of registration without stating reasons. You can do this in one of the ways described in Article 10c of these terms and conditions. This cooling-oﬀ period does not apply to registrations at the club. If you decide to cancel your membership within the cooling-oﬀ period of 14 days, and the membership has not been used in this period, this cancellation does not incur any charges. If the membership has been used in this period, Basic-Fit can charge costs for the membership pro rata (from the date of activation of the membership until the date of cancellation, including any potential registration fee).
c. If you become a member of Basic-Fit, you owe membership fees from the date of registration. The SEPA direct debit authorization shall be eﬀective from that moment. If you do not comply with your payment obligation, Basic-Fit can decide to terminate the agreement. In order to enter a Basic-Fit club, you need your own Basic-Fit membership card.
ARTICLE 3: BASIC-FIT MEMBERSHIP CARD
a. The Basic-Fit membership card is the property of Basic-Fit and you can use it during the agreement.
b. You cannot transfer your membership to someone else. In the event of Premium, you or your co-user can therefore come with a friend or you come together with your co-user (if your co-user is registered as a friend), whereby a maximum of two people can train with one membership card at the same time. You are not permitted to bring a friend if you are registered with any of our other memberships. If you want to bring someone who isn’t a member, that person can only buy a day pass.
You are responsible for registering your friend at the kiosk. Your friend must also accept these terms and conditions and the house rules before using the Basic-Fit Club. Your friend will then receive a temporary access code. Your friend is not entitled to use the Extras that you have added to your Agreement, with the exception of Live Group Lessons if you have taken these as an extra. If the person that you wish to bring along as a friend is between the age of 12 and 16, this person can only be registered as a friend in the event that the parents or legal guardian of this person give permission at the club for them to come and train as a friend at the Club.
c. As a Member, you are responsible and liable for the way in which the Basic-Fit membership and membership card are used or misused. As such, you must also ensure that co-users or friends respect and comply with the terms and conditions and house rules of Basic-Fit.
d. If you lose your Basic-Fit membership card or if it is stolen, you can procure a new membership card at the self-service kiosk at the Club. As a result, the stolen membership card will be automatically blocked. The replacement fee for a new membership card is €5. This fee must be paid at the kiosk, after which the membership card will be activated. In the meantime, your payment obligation will simply remain eﬀective.
ARTICLE 4: MEMBERSHIP, DURATION
a. We have various types of membership, the details of which can all be found on our website or at the club.
All types of membership provide unlimited access during the opening hours of your club and to the online
group lessons that are oﬀered at the club. In addition, with a Comfort or Premium membership, you have
access to all Basic-Fit clubs.
b. When you register, you can specify the type of membership for which you would like to enter into an agreement. All of our types of membership can be entered into for either 1 year fixed, which is automatically extended for an indefinite period or, as a ﬂexible version, for 4 weeks fixed, which is automatically extended for an indefinite period. This ﬂexible version is subject to an additional fee. In addition, with each type of membership for a year, you can choose whether you wish to pay this in advance as a one-oﬀ payment, or every 4 weeks.
c. With all memberships, you gain access to the Basic-Fit app. With Comfort and Premium memberships, you also gain access to our pro-app with extra training and nutrition plans and access to our online coach.
d. With our Premium membership, you can share your membership card with a co-user and you can also bring a friend with you.
e. If you want to visit our facilities casually or simply want to try it out, you can also buy a day pass from our kiosk. With your day pass, you can also use Live Group Lessons if these are available at the respective club. After purchasing your day pass, you have a limited time in which you can activate it. The date until which you can activate it is stated on the day pass. The day pass provides one-oﬀ access on the date on which the day pass is activated to a club of your choice within the country of purchase.
ARTICLE 5: EXTRAS
a. In addition to your type of membership, we also oﬀer various extras. These can vary from club to club. Upto-date information, including the fees for extras, can be found at www.basic-ft.com/nl-be or you can ask
for further information at the Basic-Fit club.
b. You can sign up for an extra when you enter into your agreement, or during the term of your agreement. An extra can also be terminated at any time during the term of the agreement. Termination is possible in the same way as which you signed up for the extra (you can do this yourself via My Basic-Fit or the kiosk at the Club, or via the website, e-mail or telephone to customer services), subject to a notice period of at least 4 weeks, which will commence on the first day of the subsequent 4-week payment term during the term of the agreement. In any case, the extra ends at the end of the agreement.
c. If you enter into the extra later than the start of your membership, the eﬀective date of the extra shall be the first day of the subsequent payment term after Basic-Fit has received the registration for the extra. Articles 2a, 2b, 2c and 4 shall apply correspondingly to the extras. The Extra is activated immediately so that you can use it at once. You may owe an additional payment for the Extra pro-rata for the period between the date of activation and the first day of the subsequent 4-week period. The payment for an extra will be added to the membership fee payment and will be collected immediately.
d. In the event of extra “live group classes”, you can make unlimited use of the live group class facilities of Basic-Fit at the clubs where this is oﬀered during the opening hours. This is not the case at every club. Youth members are not permitted to take part in the live group lessons. For every live group lesson, there is a limited number of participants (full=full). Basic-Fit can make it a condition that live group classes need to be reserved in a manner to be determined by Basic-Fit.
e. In the event of the extra ‘Yanga Sportswater’, you may fill your bottle with Yanga Sportwater as many times as you want while you are working out. A reasonable minimum time between refills shall nevertheless apply. Ensure that your bottle is big enough.
f. If you become a member and want to become familiar with the club, you can purchase a kickstart session with the Club. Only you can do this, not your co-users or friends. However, you can purchase multiple sessions so that your friends or co-users can also use them. Basic-Fit does not provide the kickstart session itself, but outsources this to a company that provides Personal Training at the club.
ARTICLE 6: FEES AND PAYMENT
a. All types of membership have their own membership fee and conditions, which can be found on the website
or at the Clubs.
b. If you become a member at Basic-Fit, we can charge a registration fee. This registration fee can vary depending on the type of membership if a promotion is involved. If you have terminated your membership and want to become a member again, you will need to pay another membership fee.
c. All membership fees shall be due and payable in advance.
d. Basic-Fit also oﬀers its members the opportunity to make an advance payment online or by bank card at the kiosk for the established agreement period (if you opt for an agreement for a year with full payment in advance). In this case, a monthly SEPA direct debit will not be started. As an exception to Article 4b, this agreement shall end automatically at the end of the year.
e. If you opt for payment in 4-week periods for an agreement for a year or for an agreement that can be terminated ﬂexibly, the first payment upon registration shall be made by online payment or card payment at the kiosk and the subsequent payments shall be carried out every 4 weeks in advance by direct debit and at the pre-determined rate for 4 weeks. Our payment period is 4 weeks. This means that we carry out 13 direct debits per year. This means that once every year, two direct debits will be taken in the same calendar month.
f. If we are not able to collect your payment for whatever reason (e.g. reversal of the instruction, insufficient balance etc.), we will send the direct debit to your bank again. If you do not comply with your payment obligation, your Basic-Fit membership card will be blocked until you have complied with the payment obligation.
g. If you do not comply with your payment obligation after we have given notice of default, you will be in default. At that moment, we shall be entitled to the amounts due, plus the statutory interest rate (calculated from the due date of the amounts due), as well as to a lump-sum fee of 15% of the outstanding amounts with a minimum of 50 euros for all out-of-court expenses. However, we reserve the right to demand a higher fee, subject to proof of the actual losses suﬀered and also reserve the right to terminate the agreement with immediate eﬀect, without any fee becoming payable to you as a result of this. We are entitled to outsource the claim, including to a debt collection agency. In the event that we remain in default to reimburse amounts owed by you, following a notice of default by you, you shall be entitled to similar late-payment interest rates and a lump-sum compensation of 15% of the overdue payments. In such a case, you will also be entitled to terminate the agreement.
h. In the event of termination of an agreement with a fixed duration by us within the meaning of Article 6g, you will owe all membership fees that would need to be paid until the end of the duration of the agreement. The late-payment interest and the compensation clause as included in Article 6g shall apply accordingly to these amounts.
i. We reserve the right to amend the fees and/or conditions after the end of the contractual period. We will always inform you of this one month in advance, after which you will have the opportunity to terminate the agreement at no cost, provided this takes place in writing (by e-mail or registered letter) and with the exception of the Membership agreement that can be terminated ﬂexibly. In the event of termination, this must take place within 4 weeks after notification of the amendment, subject to a notice period of at least 4 weeks, which shall enter into force on the first day of the subsequent payment term of 4 weeks. If sufficient notice is not provided, the agreement with the amended conditions shall be continued as a contract for an indefinite period, which can also be terminated in the way stated in the box on the front of the agreement. Fee adjustments due to government measures can be implemented immediately regardless of the amount and do not provide a right to annulment.
j. If you do not make use of the agreement or the extras, the membership fee shall not be returned to you.
ARTICLE 7: OPENING HOURS
a. Basic-Fit shall specify the opening hours for each of its clubs. It may be the case that diﬀerent opening
hours apply under certain circumstances. For example, in the event of disasters or holidays. In those cases,
we will sometimes close a club. This may be the case if we need to close a club for construction works, for
b. Basic-Fit is authorized to amend the opening hours of (part of) a club either temporarily or permanently, in the event that there are objective reasons to do so. In the event of a permanent amendment, Basic-Fit will be able to do this unilaterally insofar as this is of minor importance in relation to the total number of open hours or the start or end time. This is the case in the event of a deviation of two hours earlier or later that the club is open and/or closed.
c. The opening hours can never later be raised as an absolute condition (condition sine qua non) for entering into the agreement. You will also never be able to use such an amendment in order to unilaterally terminate the agreement, especially because the main obligation of Basic-Fit consists of providing the fitness area, with its equipment, unless you are able to demonstrate that at least 50% of your visits to the club were made at a time where the club in question is no longer open, whereby a minimum of 4 visits in the previous 3 months applies to the determination of this 50%.
d. Maintaining our clubs is important to us and we may sometimes be forced to close them temporarily or in part in order to properly maintain them. In the event that your home club or preferred club is not able to open or fully open for whatever reason, or is not able to provide all services, you are always welcome at one of our other clubs. In the event that you are not able to work out at your home club for more than 14 days or in the event that we are forced to permanently close a club or relocate to a diﬀerent location, we will change your home club in your agreement to the closest club, provided this is located within a 5 km radius of the home club stated in your agreement. If this is not the case, the agreement will be extended by the period that Basic-Fit has not been able to fulfil its obligations at no charge to the advantage of the member.
e. If following the closure or relocation of a club there is no other club within this radius, you may terminate your contract free of charge, without any notice, as of the date of closure or relocation.
f. Some of our clubs are open 24 hours a day on certain days. You can see which clubs this applies to on our website. If a club is open 24 hours a day, it may be the case that no staﬀ members are present in these clubs at certain times. This will usually be between the hours of 10:30 p.m. and 8 a.m. At that time, supervision will not be carried out by a person who is physically present at the club, but by camera surveillance. In the event that staﬀ members are not present at the club, you must be over the age of 18 in order to use the club.
ARTICLE 8: AMENDMENT OF GROUP CLASSES
a. We want to keep the classes on oﬀer up to date. This means that we regularly amend the (content) of the
classes, the type of classes and the class timetable. This applies to virtual classes as well as the live
group classes. Occasionally, it may be the case that a live group class is cancelled.
b. Article 7c shall apply correspondingly to the amendment of group classes.
ARTICLE 9: 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 not another club within a radius of 15 km
of your new address, you can specify for yourself which club you would like to designate as your home
club. In that case, we will also give you the option of terminating your agreement prematurely, subject to a
notice period of at least 4 weeks, which commences on the first day of the subsequent payment term of 4
weeks. In that case, we will ask for proof of your new address by providing a copy of the registration with
b. If you provide a medical certificate that indicates that you are no longer to exercise in the long-term (for a period of more than 12 months), Basic-Fit will cancel the membership on your request as of the date of receipt of the request to do so, accompanied by the medical certificate (by e-mail or post to the customer service department of Basic-Fit);
c. If the medical certificate or proof of relocation is only provided following a legal procedure to collect the due membership fees, this will no longer be accepted. The legal costs that Basic-Fit is required to pay for this shall always fall to the Member that has been negligent.
ARTICLE 10: TERMINATION OF MEMBERSHIP
a. If you entered into an agreement for the duration of one year, you can terminate this at the latest 4 weeks
prior to the end of the term of the agreement. If you do not do this, the agreement will be extended for an
indefinite period and can subsequently be terminated at any time without a fee being payable, subject
to a notice period of at least 4 weeks, which shall commence on the first day of the subsequent 4-week
b. If you have entered into an agreement that can be terminated ﬂexibly, you can terminate it at any time without a fee being payable, subject to a notice period of at least 4 weeks, which shall commence on the first day of the subsequent 4-week payment term.
c. You can cancel your agreement in various ways. You can do this at the kiosk in the club, via the website, via MyBasic-Fit, by e-mail or by letter to the customer services department. In the event of cancellation by e-mail or post, you must provide the following information: your name, membership number and the address of the home club.
d. We endeavour to create an environment in the clubs in which everyone is respected and the rules are complied with. If you do not observe the arrangements of the agreement, or if you seriously and/or repeatedly fail to comply with the house rules or demonstrate unacceptable behavior, Basic-Fit shall be entitled to deny you access to the clubs and to terminate the agreement (with immediate eﬀect). The assessment of the situation is exclusively reserved for Basic-Fit.
e. Exercising with others is encouraged at Basic-Fit. However, coaching other gym-goers at the clubs is left solely to the personal trainers with whom we exclusively work. If, despite this, you oﬀer personal training services, this can be a reason for us to terminate your agreement.
f. If you grant another person unauthorized access in any way, whether or not they are a member, for example by letting them walk through the entrance gate with you, you shall be responsible for paying the cost of a day pass. Basic-Fit maintains the right to block access to the club until the price for the day pass has been paid. In the event of multiple violations, Basic-Fit has the right to terminate the agreement with immediate eﬀect, with corresponding application of Article 6h.
g. If you are able to demonstrate that Basic-Fit has failed to comply with its contractual obligations in a serious manner and only if Basic-Fit is informed of this contravention by you by registered letter within 7 days of the establishment of this contravention, Basic-Fit shall agree to immediately terminate the agreement and, if necessary, Basic-Fit shall pay the damages demonstrably suﬀered as compensation, insofar as this does not exceed the amount equal to the balance of the unpaid membership fees until the end of the agreement.
h. Any way of terminating the contract by you, excluding those stated in Articles 9b, 9c, 10a and 10b, such as unilaterally stopping the monthly payments, shall be deemed unlawful termination of the agreement. In these instances, all full membership fees shall be due. In the event that these due fees are not voluntarily paid by you, Basic-Fit shall be able to solicit a debt collection agency to recover the amounts due. Article 6g is shall be applicable from that moment.
ARTICLE 11: RISK AND LIABILITY
a. Exercising comes with risks. If you use our facilities, you must be able to assess your own capabilities. We
do not oﬀer active supervision by persons at the club. You can engage a Personal Trainer, buy a kickstart
session or make use of the advice and tips that we provide in our app or via other means in the club.
However, you will always be responsible for the way in which you exercise and the choices you make. The
use of the facilities will be at your own risk. In the event of any (reservations about) physical conditions,
we advise you to seek expert advice from a doctor or specialist to determine a correct and sensible way
b. Basic-Fit and our employees are not liable for material or immaterial damage as a result of an accident or injury that you sustain in our clubs, with the exception of personal injury caused by an act or the negligence of Basic-Fit.
c. We recommend that you do not bring any valuables with you to the clubs. Basic-Fit always provides lockers, but the use of these lockers is at your own risk. Experience suggests that no locker is ever safe from experienced thieves. Basic-Fit does not accept any liability for damage, loss or theft of your property, with the exception of incidents caused by intent or gross negligence on the part of Basic-Fit.
ARTICLE 12: COMPLAINTS
a. We do our utmost to be of service to everyone and want to enable as many people as possible to access sporting facilities through our clubs. In the event that you have any complaints, we regret this and would be more than happy to hear them. In the first instance you can, of course, turn to the host in our clubs and in the second instance you can turn to Basic Fit’s customer service department, as described on the website (www.basic-ft.com/nl-be).
ARTICLE 13: PERSONAL DATA
a. In order to execute your agreement, we collect your personal data. Basic-Fit processes your personal data
appropriately and with due care and within the framework of the applicable legislation and regulations,
such as the General Data Protection Regulation (GDPR).
b. The privacy declaration of Basic-Fit lists which data is processed by us, for which purposes we process it and how we handle the personal data. It also explains the way in which involved persons are able to exercise their rights for the processing of their personal data. You can find the Basic-Fit privacy statement on our website.
c. In order to protect the safety of people in and around our clubs, we use video and audio surveillance equipment to monitor the club 24 hours per day. Video and audio surveillance is limited to the sports hall and is not present in the toilets, showers or changing rooms.
ARTICLE 14: AMENDMENT OF DETAILS
a. The customer service department must be informed of any changes to your personal situation (including
address or bank details) immediately.
b. If you fail to inform Basic-Fit of these changes and Basic-Fit is forced to incur costs in order to acquire upto-date personal data, these costs shall be borne by the member.
ARTICLE 15: BASIC FIT CUSTOMER SERVICE CONTACT DETAILS
a. The contact details of our customer service department are:
Postal address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands
b. Lots of information can also be found on the Basic-Fit website: www.Basic-Fit.lu.
ARTICLE 16: APPLICABLE LAW AND DISPUTES
a. Only Luxembourg law is applicable to all agreements entered into by or with Basic-Fit.
b. All disputes that arise on the basis of the agreement between the member and Basic-Fit will be assessed by the competent court in the place where the home club is established.
Version as of 3 December 2018