- Applicability and definitions
These terms and conditions apply to all offers made by Zwemschool Amsterdam and to all contracts it concludes.
In these terms and conditions, the following definitions apply: participant the natural person who follows swimming lessons at Zwemschool Amsterdam; other party the contracting party of Zwemschool Amsterdam; website the online website zwemschool-amsterdam.nl - Activities
Giving swimming lessons to children and adults with the aim of obtaining various swimming certificates.
Organizing vacations with swimming lessons.
Stimulating and teaching water-related activities for various target groups. - Registration
The agreement between the parties will commence on the date of signing the registration form and/or after payment of the registration fee.
Registration is always valid until resignation.
Diplomas are only for the motivation of the swimmer and do not constitute a moment of automatic termination of the contract.
The contract is valid for a minimum duration of 12 paid calendar months or as agreed on the front of the registration form and can be terminated thereafter subject to what is described in article 11. - Class Schedule
During the year, all classes are held according to a schedule.
The days and times on which lessons are given may be adjusted during the year.
During the vacations lessons continue according to the schedule on the website of Zwemschool Amsterdam.
There are no lessons during national holidays.
Days when there are no swimming lessons are listed in the parent portal. - Sickness or Absence
Lessons missed due to occasional illness or absence for other reasons will not be charged, nor refunded.
For every 2 lessons cancelled at least 12 hours prior, 1 lesson can be made up.
If there is a prolonged absence (at least 4 lessons) due to illness or other reasons, please cancel the student by email. Upon cancellation, the student will be removed from the swim lesson group and payment will continue. Settlement will take place afterwards minus 2 lessons deductible. - Graduation location
Graduation will take place in an appropriate pool, which may be different from the location where classes are held. - Parent/Guardian Presence
The swimming instructor/ice will determine on a case-by-case basis whether the parent/guardian's presence in the swimming hall is desired.
The instructions of the swim instructor/ice must be followed at all times. - Graduation and trial swimming
Zwemschool Amsterdam issues several swimming diplomas. A current list can be found on the website of the respective provider.
The trial swim must take place prior to the final swim. Attendance is a prerequisite for the test swim.
You will receive an invitation a few days before the test swim and diploma swim.
Participation in the test swim does not guarantee participation in the diploma swim. - Payment
By signing the registration form, you authorize automatic debiting of tuition and related fees.
Tuition is collected once a month in advance.
Diploma swimming fees are not included.
Failing timely payment, the other party is legally in default. The other party shall then owe statutory interest.
At a reversal or payment other than by direct debit Zwemschool Amsterdam will charge € 6.00 administrative costs.
If the other party is in default in the performance of its obligations, all reasonable costs to obtain payment out of court will be charged to the other party. Extrajudicial costs are calculated on the basis of what is customary at that time in the Dutch collection practice, currently the Wet Normering Buitengerechtelijke Incassokosten. - Price Change
Zwemschool Amsterdam is entitled to increase its rates annually. - Termination
Termination is possible after expiry of the minimum subscription period (article 3.4).
Notwithstanding the above, termination is also possible with effect from the price change as mentioned in article 10, insofar as it exceeds an increase based on the Consumer Price Index figure.
Subject to the foregoing, the agreement may be terminated at the end of a payment period and subject to a notice period of one payment period.
Termination must be done through the appropriate form on the website of Zwemschool Amsterdam. - Safety
Zwemschool Amsterdam makes every effort to prepare and teach all lessons with the utmost care for safety.
Any physical limitations or health risks should be reported at registration. Only then can the swimming instructor/ice take these matters into account when teaching. Zwemschool Amsterdam can never be held liable for damage caused by unreported risks.
In the interest of safety, the house rules must be observed. These house rules can be found on the website of Zwemschool Amsterdam and posted in a central place in the lesson locations. - Liability
Zwemschool Amsterdam is not liable for damages resulting from force majeure, for example when lessons cannot take place due to illness of its employees or (fire) damage to the building in which the lessons are held.
Zwemschool Amsterdam is only liable for damage suffered by the other party that is a direct consequence of a shortcoming attributable to Zwemschool Amsterdam. The liability of Zwemschool Amsterdam towards the opposing party and towards third parties is always limited to the amount actually paid out by the liability insurer, increased by the amount of the excess according to the relevant policy.
If, at the time of entering into the agreement, it is not possible for Zwemschool Amsterdam to take out an insurance policy as referred to in paragraph 1 or to renew it at reasonable conditions thereafter, the compensation for damages will be limited to the amount charged by Zwemschool Amsterdam for the agreement from which the damages arise (excluding VAT).
The other party indemnifies Zwemschool Amsterdam against claims by third parties for compensation of damages, insofar as such claims exceed the provisions of article 13 sub 1, 2 and 3.
The limitation or exclusion of liability stipulated in this article does not apply insofar as damage is the result of intentional act or omission, gross negligence or wilful recklessness on the part of Zwemschool Amsterdam and/or its employees.
Zwemschool Amsterdam is authorised to accept on behalf of the opposing party, without prior consultation, any terms and conditions that apply to the relationship between Zwemschool Amsterdam and any third party it engages or that are stipulated by the third party, including limitations of liability.
Zwemschool Amsterdam will be entitled to invoke these conditions against the opposing party insofar as the performance of the assignment by the third party is concerned. Zwemschool Amsterdam is not liable for the manner in which third parties carry out their activities and is not liable for shortcomings of these third parties, except in the case of intent, gross negligence or wilful recklessness on the part of Zwemschool Amsterdam. - Refunds
If you are excluded from participating in lessons, you are not entitled to a refund of lesson fees already paid.
If lessons do not take place due to force majeure as a result of (one of) the class locations being unusable, there will be no refund of tuition fees.
There will never be a refund. - Privacy protection
Personal data are used by Zwemschool Amsterdam only for the activities described above. - Disputes
All disputes between Zwemschool Amsterdam and you will be governed by Dutch law.
All disputes between Zwemschool Amsterdam and you will be submitted exclusively to the competent court in the district where the User is located. - Final Provisions
By paying the registration fee and/or signing the registration form, you declare that you have received, understood and accepted these terms and conditions.
