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. 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-fit.com/en-lu and can be requested from the reception desk at any club.
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 specific terms and conditions that may be applicable to extras.
Basic-Fit: Basic-Fit Luxembourg S.A., a Luxembourg public limited company with registered office at Auf der Hohkaul, 11 rue de Luxembourg, L-5230 Sandweiler, Grand-Duchy of Luxembourg and services and products that we offer under the name Basic-Fit.
Club: the physical place where Basic-Fit offers its fitness-related activities. This can also be your home club.
Co-user: If you choose our Premium membership, you can designate 1 other person as a co-user of your membership, under the condition that they are age 16 or older and live at the same address as you. 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. 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 : This agreement becomes effective on the day on which you register. The effective date 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 art. 5. This does not alter the fact that these terms and conditions shall apply as of the moment of subscription.
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 subscription.
Extra: these are the services or facilities that can be purchased from Basic-Fit in addition to the basic membership.
Friend: if you have a Premium membership, you and your co-user can always bring a friend. This friend must register before they gain access to the club as described in art. 6b.
Home Club: Your 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. If you have a Basic membership, you can change your Home Club a maximum of twice a year.
Host: Our employee who takes care of the management of a Club.
Member: You can become a member with us if you are a natural person age 16 and above. Basic-Fit can ask you to provide identification to demonstrate that you are the owner of the Pass, that you are a co-user, or to check your age.
Pass: This is your access pass that you need to enter one of our clubs.
Self-Service Hub: This is our online self-service portal that is available at the club. You can register and cancel on this and you can also use it to amend details and add or change your extras.
4-Week-Period: these are the periods that make up your agreement (13 per year). 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 AND ACCESS
a. You can subscribe as a Member in the following ways:
1. On the website by filling in the online subscription form (www.basic-fit.com/en-lu); or
2. At the club by completing the subscription form at the self-service hub.
b. If you sign up on the website, you are entitled to cancel your membership within 14 calendar days after the date of subscription without stating reasons. You can do this in one of the ways described in art. 10c. This cooling-off period does not apply to subscriptions 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 start-up fee).
ARTICLE 3: 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 Home 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 other Basic-Fit clubs. For access to a Ladies Club you may need to have the Extra “live group lessons”.
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 are available for:
1. 1 year fixed, which is automatically extended for an indefinite period and with payment per 4 weeks,
2. 1 year fixed, which ends automatically and with complete pre-payment, or
3. as a flexible version: for 4 weeks fixed, which is automatically extended for an indefinite period, with payment every 4 weeks. This flexible version is subject to an additional fee.
c. With Comfort and Premium memberships, you also gain access to our Basic-Fit App.
d. With our Premium membership, you can share your Pass 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 self-service hub. With your day pass, you can also use Live Group Classes with instructor if these are available at the respective club. After purchasing your day pass, you have 7 days to activate it. 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 4: EXTRAS
a. In addition to your type of membership, we also offer various extras. These can vary from club to club. Up-to-date information, including the fees for extras, can be found at www.basic-fit.com/nl-be or you can ask for further information at the 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 (via My Basic-Fit or the self-service hub, or via mail or e-mail to customer services), subject to a notice period of at least a 4-Week-Period. If you have chosen an agreement with complete pre-payment you will be able to see the next possible cancellation date in My Basic-Fit. In any case, the extra ends at the end of the agreement.
c. The Extra is activated immediately so that you can use it at once. Articles 2 and 3 of these terms 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 agreement.
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. Only members and Friends ages 16 and older are 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 an introduction session with the Club. Only you can do this, not your Co-User or Friends. However, you can purchase multiple sessions so that your friends or co-user can also use them. Basic-Fit does not provide the introduction session itself, but outsources this to a company that provides personal training at the Club.
ARTICLE 5: 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 start-up fee. This start-up 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. When you become a member, the membership fees are due from the date of subscription. The SEPA direct debit authorisation is also effective from that moment. All membership fees shall be due and payable in advance, in accordance with art. 5 d and e.
d. Basic-Fit also offers its members the opportunity to make an advance payment online or by bank card at the self-service hub for the established agreement period (if you opt for an agreement for a year with complete pre-payment). In this case, a monthly SEPA direct debit will not be started.
e. If you choose an agreement with payment every 4 weeks, the first payment upon subscription shall be made by online payment or card payment at the self-service hub and the subsequent payments shall be carried out every 4 weeks in advance by direct debit and at the pre-determined rate for each membership. 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 could 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 Pass 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 art. 5h, 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 art. 5h 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 a 4-Week-Period. 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 6: PASS
a. The Pass is the property of Basic-Fit and you can only be used for the duration of 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 Pass 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 (all the present terms and conditions apply, where relevant, to day pass holders).
c. You are responsible for registering 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 using the 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.
d. If the person that you wish to bring along as a friend is between the age of 12 and 16, this person can come to train at the Club accompanied by you or by your Co-user. People under the age of 12 cannot be registered as a Friend and are not allowed to access our clubs.
e. As a Member, you are responsible and liable for the way in which the Basic-Fit membership and Pass 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.
f. If you lose your Pass or if it is stolen, you can procure a new Pass at the self-service hub at the Club. As a result, the old Pass will be automatically blocked. The replacement fee for a new Pass is €5. This fee must be paid at the self-service hub, after which the new Pass will be activated. In the meantime, your payment obligation will simply remain effective.
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, holidays or force majeure.
b. Basic-Fit is authorised 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 (conditio 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. This may be the case if we need to close a club for construction works or due to force majeure, for example. 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 can 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 and it concerns a temporary closure, 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 this club 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 a 4-Week-Period. In that case, we will ask for proof of your new address by providing a copy of the registration with the municipality.
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 and payment every 4 weeks, 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 a 4-Week-Period.
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 a 4-Week-Period.
c. You can cancel your agreement in various ways. You can do this at the self-service hub, via My Basic-Fit (via the website or the Basic-Fit app).
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 behaviour, Basic-Fit shall be entitled to deny you access to the clubs and to terminate the agreement (with immediate effect). Subscribing again after being denied access constitutes a legitimate reason to immediately cancel your new subscription and refund excess paid membership fees, with the exception of the start-up fee.
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 unauthorised access in any way, whether or not they are a member, for example by letting them walk through the entrance gate with you or giving them your Pass, 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 art. 5i.
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 5h 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 an introduction 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 of exercising.
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
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-fit.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 via My Basic-Fit.
b. If you fail to inform Basic-Fit of these changes and Basic-Fit is forced to incur costs in order to acquire up-to-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:
Online on our website: https://www.basic-fit.com/en-lu/faq
Postal address: Postbus 3124, 2130 KC Hoofddorp, The Netherlands
b. You can find more information on the Basic-Fit website: www.Basic-Fit.com/nl-be.
c. You can also arrange many things yourself on My Basic-Fit.
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 May 2021