Terms & conditions
In these general terms and conditions, the following definitions apply:
Gustav Amsterdam – Zuidas B.V. A private company with limited liability, with its registered office in Amsterdam, having its office at (1082 MT) Amsterdam at George Gershwinlaan 520 and registered in the trade register under number 65949811; and (b) Gustav Amsterdam – Centrum B.V. . A private company with limited liability, with its registered office in Amsterdam, having its office at (1017 XV) Amsterdam at Weteringschans 134 and registered in the trade register under number 71343008.
The electronic access keycard provided by Gustav to each Member upon or after entering into a Membership Agreement with a fixed initial term;
Any person who concludes an agreement with Gustav to use the facilities of Gustav;
The agreement between a Member and Gustav, which is established in one of the ways described in article 2.2 and of which these Terms and Conditions form an integral part;
The general terms and conditions as presented in this document;
2 BECOMING A MEMBER AND TERM OF AGREEMENT
2.1 A membership agreement is entered with a specific location of Gustav.
2.2 A Membership Agreement is entered into the moment that:
(a) the Member has completed all requested information on the registration form and has signed it for approval; or
(b) the Member has completed and confirmed all requested information in the online registration form (accessible via www.gustavgym.nl).
2.3 A Membership Agreement starts at the moment of entering in accordance with article 2.2., unless explicitly different agreed.
2.4 A Membership Agreement can be revoked by a Member for fourteen (14) days after entering into the agreement. If the 14th day falls on a weekend, or on a nationally recognized public holiday, the 14 days period runs until the end of the first following working day.
2.5 A Membership Agreement :
concerning personal training is entered into for a fixed initial term of twelve (12) weeks, twenty-four (24) weeks or one (1) year, which the fixed initial term is established at the conclusion of the Membership Agreement
concerning different membership types (different than as agreed on at 2.5(a) or 2.5(c) is entered into for a fixed initial term of four (4) weeks, twenty-four (24) weeks or one (1) year, which the fixed initial term is established at the conclusion of the Membership Agreement.
Is entered into for a certain number of times of access to the facilities of Gustav, at which the number of times of access when entering into the Membership Agreement is fixed and will be fully invoiced in advance.
A membership can take effect at any time.
2.6 After termination of the fixed initial term of a Membership Agreement such a Membership Agreement will be tacitly renewed for an indefinite period of time.
3 ACCESS AND OPENING HOURS
3.1 The facilities of a location of Gustav will be exclusively accessible to Members that entered into a Membership Agreement concerning that specific location, unless there was made an agreement for an additional ‘add-up’.
3.2 The facilities of Gustav (with the exception of the reception and the bar area) are exclusively accessible to Members. Gustav reserves the right to deny a Member access to its facilities.
3.3 A Member must register every visit to Gustav’s facilities by (a) scanning his/her Keycard or (b), if the membership concerned only entitles you to a certain number of access to the facilities of Gustav, registration at the reception of Gustav.
3.4 A Keycard is strictly personal, non-transferable and in principle is provided only once. The Keycard and the facilities of Gustav may only be used by the Member to whom the relevant Keycard has been provided.
3.5 The facilities of Gustav are accessible during the opening hours as shown on www.gustavgym.nl.
3.6 At all times Gustav is entitled to change its opening hours and class schedules, cancel group lessons or (temporarily) close parts of its facilities for maintenance or otherwise. In such a case, a Member is not entitled to a reduction or refund of membership fees.
4.1 Each Member owes Gustav a fee for the use of the facilities of Gustav, which compensation is payable in accordance with article 5. The applicable fee payable is:
(a) for the fixed initial term of the membership, agreed upon at the conclusion of the Membership Agreement;
(b) for the period following the end of the fixed initial term of the membership, (i) the same fee as agreed upon at the conclusion of the Membership Agreement of (ii) in case the fee for the fixed initial term of the membership a special offer was, the applicable compensation for a monthly cancelable membership as agreed upon at the conclusion of the Membership Agreement.
(c) for a membership entitling a certain number of access to the facilities of Gustav, agreed upon at the conclusion of the Membership Agreement.
4.2 Gustav reserves the right to index and change its prices and rates. Members will be notified of a price change at least one (1) month before the price change is implemented. If a price change takes place, a Member has the right to terminate the Membership Agreement within one (1) month after the announcement. A Member is not entitled to terminate the Membership Agreement prematurely if the price adjustment is based on the change in the price index figure for household consumption or on adjustments resulting from the law. However, if the latter price adjustment takes place within three (3) months after entering into the Membership Agreement, the right to terminate exists.
5 PAYMENT AND REFUND
5.1 The agreed fee for the use of Gustav’s facilities must be paid to Gustav on a four (4) monthly basis (and prior to the use of Gustav’s facilities). The first payment date of the subscription costs is the commencement date of the membership. The next payment date is always four (4) weeks after the previous payment date.
5.2 Payment must take place through SEPA direct debit, which takes place every four (4) weeks. The Member authorizes Gustav to debit the fee payable to Gustav by means of SEPA direct debit from his/her bank account. The Member is obliged to ensure sufficient balance on his/her bank account of which Gustav is authorized to collect the fee due.
5.3 Contrary to the foregoing, a membership entitling a Member to access Gustav’s facilities on a certain number of times must be paid in full by means of debit card payment or bank transfer, prior to the use of Gustav’s facilities.
5.4 Payments already made by Member shall not be refunded for any reason, unless there is a valid revocation by the Member in accordance with Article 2.2.
5.5 If the fee owed by the Member is not received by Gustav at the latest on the payment date concerned, Gustav is entitled to deny the relevant Member access to the facilities of Gustav. If the Member concerned, after the first payment reminder, still fails to comply with the payment obligation, the Member is in default and the legal collection costs of at least € 40 will be charged. Gustav is then entitled to hand over the entire claim for collection. In addition, statutory interest will be charged on the principal sum from the due date.
6 CONSUMPTIONS ON ACCOUNT
Gustav can (but is not obliged to) offer certain Members the possibility to pay consumptions from Gustav afterwards by means of SEPA direct debit, in which case article 5 applies accordingly.
7 CHANGE OF MEMBERSHIP FORM
7.1 If (a) a Member wishes to change to another form of membership and (b) the relevant new form of membership is equal or higher in price than the current form of membership, this Member may at any time transfer to such a new membership form with effect from the first next payment date. By mutual agreement and at an additional payment of the pro rata difference between the current subscription form and the new subscription form, the new subscription form can also take effect before the next payment date.
7.2 If (ii) a Member wishes to change to another form of membership and (ii) the new membership form concerned is lower in price than the current membership form, this Member may:
(a) during the initial term of his/her Membership Agreement switch to such a new membership form at the end of the initial term; or
(b) at the end of the initial term of his/her Membership Agreement switch to such a new membership form with effect from the next payment date.
8 TERMINATION, REMOVAL AND TEMPORARY SUSPENSION MEMBERSHIP
8.1 Other than in accordance with Article 8.3 or 8.4, a Member may have his/her Membership Agreement:
(a) during the fixed initial term canceled only at the end of the relevant fixed initial term with due observance of a notice period of one (1) month before the end of that term; or
(b) after termination of the fixed initial term, canceled only on the next payment date and with due observance of a notice period of seven (7) days before that payment date.
8.2 A membership entitling to a certain number of access to the facilities of Gustav cannot be canceled.
8.3 A Member may terminate his/her Membership Agreement by e-mail to email@example.com.
8.4 In the event of long-term illness, long-term injury and/or pregnancy of the Member, a Member may, after consultation and presentation of a written doctor’s statement, temporarily suspend or terminate his/her membership with a fixed initial term as of the next payment date. The end date of the membership will then be extended free of charge with the period of termination. The membership can be suspended for a maximum of three (3) months.
8.5 If a Member lives in Amsterdam and moves outside Amsterdam a Member can, after consultation and submission of proof of this, terminate his/her membership with a fixed initial term prematurely as of the next payment date. In such a case, the Member concerned and Gustav will pay the fee due over the remainder of the membership term (if applicable) in equal parts.
8.6 In the event of absence due to holidays of seven (7) or more days, a Member may temporarily suspend his/her membership with a fixed initial term of twelve (12) months with a maximum of four (4) weeks per year. The end date of the membership will then be extended free of charge with the period of termination. The possibility of temporary suspension due to holidays does not exist for memberships with a term of less than twelve (12) months.
8.7 The validity of a membership entitling a Member to use the facilities of Gustav (a so-called multiple times ticket) for a certain number of times ends six (6) months after the start of that membership.
9 PERSONAL TRAINING SUBSCRIPTIONS
9.1 If a fixed number of personal training sessions is part of the Membership Agreement, the agreed fixed number of personal training sessions will be granted to the Member as ‘credits’ at the beginning of each payment period. Each ‘credit’ is valid for six (6) weeks after it has been granted, after which the relevant ‘credit(s)’ expire. Expiration of a ‘credit’ will be determined on the basis of the ‘first in/first out’ principle. Unused or expired ‘credits’ do not entitle you to a refund or reduction of the fee due.
9.2 One ‘credit’ entitles a Member to one personal training session of 60 minutes by a personal trainer to be appointed by Gustav, with the preference of a Member being explicitly taken into account.
9.3 The date and time of a personal training session will be planned in consultation with the relevant personal trainer.
10 HOUSE RULES
10.1 During his/her membership each Member must comply with the applicable house rules of Gustav. Gustav is entitled to change the house rules from time to time.
10.2 Gustav has the right to terminate the Membership Agreement with immediate effect if (a) the Member is guilty of improper or unacceptable behavior (including noisy behavior and inappropriate language use), (b) the Member consistently violates the house rules of Gustav or (c) a third party makes use of the Keycard of that Member as a result of any failure or with the knowledge of the Member concerned.
10.3 A Member can cancel a scheduled personal training session up to 24 hours before the start of the session, while retaining the ‘credit’. If a Member cancels a personal training session less than 24 hours prior to the start of the session, a ‘credit’ will be debited from the membership. Scheduled group lessons can also be canceled up to 24 hours before the start of the lesson.
11 RISK AND LIABILITY
11.1 Practicing sports can involve risks. The use of Gustav’s facilities in any way whatsoever is entirely at the expense and risk of the Member. A Member shall comply with all reasonable instructions given by Gustav.
11.2 A Member is obliged to report his/her physical condition (such as injuries, illnesses and/or other physical disorders) prior to, during and after any training supervised by a trainer and to provide all information of which the Member reasonably should understand that this is necessary for doing exercises.
11.3 Gustav and its directors, employees and other auxiliary personnel are not liable for (a) material or immaterial damage as a result of accident or injury of a Member and/or third parties in any way whatsoever and/or (b) damage, loss or theft of property belonging to a Member and/or third parties.
12.1 Gustav processes your personal data for various purposes and in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of your personal data, please read the Privacy Statement on our website (www.gustavgym.nl).
13 OTHER PROVISIONS
13.1 Unless explicitly agreed otherwise in writing, the registration form filled out by the Member and these Terms and Conditions of Members jointly constitute the full representation of the rights and obligations of Gustav and the relevant Member and replace all previous written and spoken announcements, offers, agreements and all other correspondence.
13.2 These Membership Terms and Conditions have also been drawn up for the benefit of the directors, employees and other auxiliary personnel of Gustav. The aforementioned persons may rely on these Membership Terms and Conditions by way of an irrevocable third-party beneficiary clause for no consideration.
13.3 Deviations from these Membership Terms and Conditions are only valid if explicitly agreed in writing.
14 CHANGE OF MEMBERSHIP CONDITIONS
Gustav is entitled to change these Terms and Conditions from time to time. The possibly changed Membership Terms and Conditions apply to new members and to members whose membership is extended (whether or not tacitly). Regarding Membership Agreements for an indefinite period, Gustav is entitled to change the Membership Terms and Conditions, with the proviso that the change is announced in writing at least three (3) months before the entry into force.
15 APPLICABLE LAW AND COMPETENT COURT
15.1 Only Dutch law applies to the Membership Agreement and all agreements entered into by or with Gustav.
15.2 Disputes arising from the agreement between a Member and Gustav or otherwise shall exclusively be settled by the competent court in the Netherlands.
16.1 These Membership Terms and Conditions are effective as of October 1, 2018 and applicable on all Membership Agreements which are entered into from October 1, 2018.
16.2 On all memberships that are entered into before October 1, 2018 the Terms and Conditions of June 1, 2017 will be applicable.