TERMS & CONDITIONS
Below are the official terms and conditions of The Cycling Club.
Last updated: 26 february 2025.
Article 1 – Definitions
The Cycling Club: The private limited company The Cycling Club B.V., with limited liability, incorporated under the laws of the Netherlands, having its statutory seat in Hilversum, and its office at (1211 KM) Hilversum, Havenstraat 20A, registered with the Chamber of Commerce under number 94484899, operating under the trade name The Cycling Club.
Participant(s): Anyone who has entered into a Participant Agreement with The Cycling Club. Participant Agreement: The agreement between The Cycling Club and a Participant.
Participant Conditions: These general conditions, published on The Cycling Club's Website and will be sent upon the first request of a Participant.
Credit: The credit or balance purchased by a Participant via the Website to book and/or attend a Class at The Cycling Club within the Term.
Class: Any (individual or group) class given by or on behalf of The Cycling Club in the Club.
Establishment: Any club of The Cycling Club, as shown on the Website.
Personal Data: All data provided by a Participant to The Cycling Club as indicated in the Participant Agreement.
Privacy Policy: The Privacy Policy, as shown on the Website.
Membership: A membership purchased by a Participant with an pre-determined amount of Credits.
Term: The term or period from the purchase of a Credit during which a Participant has the right to participate in a Class or a limited number of Classes.
Website: The Cycling Club's website, http://thecyclingclub.nl.
Article 2 – General
2.1 Every Participant is obliged to be aware of these Participant Conditions of The Cycling Club. If there is a Participant Agreement between The Cycling Club and a Participant, this general regulation is an integral part of it and is inseparably connected with it.
2.2 The rights under a Participant Agreement are strictly personal.
2.3 The Cycling Club reserves the right to limit the total number of registrations, as well as to change the opening hours, Class times, the number of classes, and rates.
2.4 The Cycling Club also reserves the right to refuse Participants in case of abuse of the subscription system or The Cycling Club's facilities.
2.5 Wearing sportswear and socks is mandatory. It is required to wear cycling shoes, we only allow SPD. So NOT SPD-SL. The Cycling Club customers can use cycling shoes provided on-site at an additional cost. Bringing your own SPD shoes is possible. Street shoes and/or sports shoes worn outside are prohibited.
2.6 The use of a towel for every activity is mandatory.
2.7 Every Establishment of The Cycling Club is smoke-free.
2.8 Consuming self-brought drinks and/or food is prohibited at The Cycling Club, except for the use of water bottles.
2.9 The Cycling Club reserves the right to close the entire day or part of the day on recognized holidays or days of renovation.
2.10 Participation in The Cycling Club classes requires a minimum age of 18.
2.11 Participants between 16 and 18 years old must be accompanied by a legal guardian.
2.12 Children under 16 years old are not allowed at The Cycling Club.
2.13 Any injury to children or damage to children's property resulting from (unauthorized) access to the Club is at their own risk.
2.14 Pets are prohibited at The Cycling Club.
Article 3 – Applicability
3.1 These Participant Conditions apply to all legal relationships between The Cycling Club and a consumer (Participant) who has purchased Credit and/or
participates in a Class offered and/or provided by The Cycling Club and/or Credit purchased by a consumer (Participant).
3.2 By purchasing Credit or participating in a Class, the Participant agrees to these Participant Conditions.
3.3 All provisions in these Participant Conditions are also drawn up for the benefit of all directors of The Cycling Club and all persons working for The Cycling Cluband/or engaged by The Cycling Club.
3.4 Deviations from these Participant Conditions are only valid if expressly agreed upon in writing.
3.5 The Cycling Club may change these Participant Conditions from time to time. The latest version is always the applicable version and is always available on the Website. A copy of the Participant Conditions will be provided upon request.
Article 4 – Participant Agreement
4.1 The Participant Agreement between Participant and The Cycling Club is concluded when the Participant (a) has completed all requested information as shown in the Participant Agreement and has signed it, (b) by agreement between both parties, which agreement must be evident from the (online) registration of a Participant, or (c) the Participant has used the training facilities of The Cycling Clubor participated in a Class. A Participant Agreement is entered into for an indefinite period and can be terminated in accordance with Article 5 of these Participant Conditions.
4.2 During or immediately after registration, a Participant receives a username and password for The Cycling Club's registration system.
4.3 The Participant's completed Participant Agreement and these Participant Conditions together constitute the complete representation of the rights and obligations of The Cycling Club and Participant and replace all previous written and oral announcements, agreements, and all other correspondence.
4.4 The Participant ensures that all data – which The Cycling Club indicates are desirable or which the Participant should reasonably understand to be necessary for the performance of the Participant Agreement – are provided to The Cycling Club in a timely manner.
4.5 An agreement between The Cycling Club and a Participant consists of one or more Credits, which, during the Term, entitle the Participant to participate in a (limited number of) Class(es). Credits are therefore valid for a limited period. The individual validity is stated in a Participant's account on the Website. If a Credit and/or a bundle of Credits has expired or been used up, a Participant can no longer sign up for a Class.
4.6 In case of severe injuries, prolonged illness, pregnancy, or a prolonged stay abroad, the validity of a Credit or a bundle of Credits may be suspended with the written consent of The Cycling Club. The Cycling Club has the right to demand evidence before a suspension request is granted.
4.7 A Credit and/or bundle of Credits expire automatically. A Credit and/or bundle of Credits is not automatically renewed.
4.8 The Participant Agreement is personal, and the Participant is not entitled to transfer the rights and obligations arising from the Participant Agreement concluded under these Participant Conditions, in whole or in part, to third parties.
4.9 If a Participant has entered into a Participant Agreement with The Cycling Club, the Participant is entitled to revoke the Participant Agreement with The Cycling Clubwithin fourteen (14) days after signing the Participant Agreement.
4.10 If the Participant revokes the Participant Agreement in accordance with Article 4.9, the Participant will receive a refund of all payments made to The Cycling Club unless the Participant has already used The Cycling Club's facilities and/or entered an establishment. The Cycling Club will proportionally charge for used services before refunding.
4.11 If the Participant decides to purchase a new/additional Subscription from The Cycling Club, the terms of the Participant Agreement and these Participant
Conditions remain in full force, unless expressly agreed otherwise in writing.
4.12 Changes to a once-established Participant Agreement can only be made with the prior written consent of The Cycling Club. Changes to a Participant Agreement may incur costs for a Participant.
Article 5 – Prices and Payment
5.1 The current prices of one Credit or a bundle of Credits are available on the Website. The latest prices are always the applicable ones and are always available on the Website. Price increases do not affect closed and paid Credits and/or bundles of Credits.
5.2 Unless otherwise agreed, payments must be made through the online payment system or on-site at The Cycling Club. A Credit and bundles of Credits must be paid in advance in one lump sum.
5.3 Payments already made by the Participant will not be refunded unless there is a valid revocation by the Participant in accordance with Article 4.9.
5.4 The Cycling Club reserves the right to index and change its prices and rates.
5.5 If The Cycling Club's facilities cannot be used, or not fully used, due to circumstances beyond The Cycling Club's control, the costs due from the Participant for using The Cycling Club's facilities will not be refunded.
5.6 No rights can be derived from actions or special offers, either before or after the fact.
Article 6. Memberships
6.1 The Cycling Club offers memberships in addition to credit bundles. These memberships can be purchased on the website and on site in one of the Establishments.
6.2 The Membership starts on the purchase date on the website.
6.3 From the moment of purchase, the Participant commits to an ongoing payment with the payment method used for the first installment.
6.4 Memberships can only be paid via SEPA direct debit.
6.5 Each Membership is paid in advance through SEPA direct debit, with payment being collected one month in advance.
6.6 The Membership commits to a 12-month membership. This membership cannot be terminated prematurely.
6.7 After 12 months have passed, the Membership can be cancelled monthy.
6.8 Upon termination of the Membership, a notice period of one calendar month shall be observed.
6.9 The Cycling Club may charge a no-show fee of 13 (thirteen) euros to the Participant if they book a class and do not attend without canceling at least 12 hours in advance or are absent from the class. The Participant will be notified of this fee by e-mail. The amount due will be charged to the Participant at the
end of each calendar month.
6.10 Participants who have entered into a membership agreement have the option to make purchases at the Club and have these added to their account. The purchases will be debited from the provided bank account simultaneously with the membership fee collection.
Article 7 – Participation, Cancellation, and Rescheduling of Classes
7.1 A Participant must register in advance for a Class through the designated online registration system, on-site, or by phone. Without registration, a Participant has no right to participate in a Class.
7.2 A Participant can unsubscribe until twelve hours before the start of a Class. Without or in case of untimely cancellation, one Credit will be charged.
7.3 The Cycling Club is entitled to adjust the training schedule and/or training locations interim without giving reasons. The latest schedules and locations are always the applicable ones and are always available on the Website.
7.4 The Cycling Club has the right to cancel a Class due to insufficient interest until the start of a Class. In that case, a charged Credit to the Participant will be credited.
7.5 Extraordinary circumstances always constitute force majeure for The Cycling Club and relieve The Cycling Club of its obligations. In case of persistent force majeure, The Cycling Club is released from its obligation to perform the agreement.
7.6 If a Participant causes such inconvenience or disturbance that the proper execution of a Class is impeded, The Cycling Club may exclude the Participant from the Class. All resulting costs are borne by the Participant.
7.7 The Cycling Club aims to accommodate everyone. If a cancellation is made two times (or more) within two weeks, The Cycling Club may apply the measure that no online scheduling is allowed for two weeks, and all appointments from the agenda are removed.
7.8 If a Participant has reserved a standby position, the Participant will receive an email if no place becomes available half an hour (30 minutes) before the start of the Class. If a Participant has not received an email and does not show up, the Class will be forfeited, and one Credit will be charged.
Article 8 – Credit
8.1 Each bundle of Credits specifies how often the Classes can be attended during the Term. Classes not enjoyed during the Term automatically expire.
8.2 A Credit entitles the Participant to participate in one Class.
Article 9 – Termination of Participant Agreement
9.1 In case of prolonged illness, injury, and/or pregnancy of the Participant, the Participant Agreement can be temporarily suspended or terminated after consultation and submission of a written medical certificate.
9.2 The Cycling Club has the right to terminate the Participant Agreement with immediate effect if:
• The Participant, in The Cycling Club's opinion, engages in unacceptable behavior;
• The Participant systematically violates The Cycling Club's rules; or
• If a third party, due to any omission or with the knowledge of the Participant, uses the Participant's card.
• The Participant otherwise harms The Cycling Club.
Article 10 – Risk and Liability
10.1 The use of the facilities in a The Cycling Club establishment for, among other things, but not limited to, strength and conditioning training and/or participating in any Class, training program, and/or activities of any kind at The Cycling Club is entirely at the Participant's own risk.
10.2 The Participant is obliged to report his or her physical condition, such as injuries, diseases, and/or other physical conditions, both before, during, and after any training supervised by a trainer, and/or to provide information that the Participant reasonably understands to be necessary for the performance of exercises. The Participant is responsible for reporting this information.
10.3 Both The Cycling Club and its employees are not liable for material and/or immaterial damage resulting from an accident or injury/injuries to the Participant and/or third parties.
10.4 The Cycling Club and its employees accept no liability for damage, loss, or theft of the Participant's and/or third parties' property.
10.5 The Participant is liable for damage caused to The Cycling Club's property if this damage is the result of the Participant's negligence and/or fault.
10.6 The exclusions and limitations of liability as mentioned in this article are also stipulated for the benefit of The Cycling Club's subordinates and any other person whose assistance The Cycling Club uses in the execution of the Participant Agreement.
Article 11 – Personal Data and Privacy Policy
11.1 The Cycling Club processes personal data in accordance with the Generale Data Protection Regulation (GDPR) and the Dutch Data Protection Act (AVG).
11.2 The Cycling Club collects, processes and protects personal data as outlined in its Privacy Policy, available on the Website. By agreeing to these Terms and Conditions, Participant also agrees to the processing of their personal data in accordance with the Privacy Policy.
11.3 Participants have the right to access, correct, delete or object to the processing of their personal data as described in the Privacy Policy. Requests can
be submitted by e-mail to: info@thecyclingclub.nl.
Article 12 – Complaints
12.1 A Participant must report a complaint regarding any performance of The Cycling Club as soon as possible after discovering the defect or damage, and no later than fourteen days after the Participant has discovered the defects or damage. The complaint is submitted in writing to info@thecyclingclub.nl stating the location and a description of the complaint.
12.2 The complaint must be complete, clearly described, and accompanied by any evidence.
12.3 The Cycling Club will respond to the complaint submitted by the Participant as soon as possible, but no later than two weeks from the date of receipt. If The Cycling Club expects to need more time for processing the complaint, it will notify the Participant immediately by email upon detection.
12.4 If the complaint cannot be resolved through mutual consultation, a dispute arises as referred to in Article 14, section 4 of these Participant Conditions.
Article 13 – Website
13.1 The information provided on the Website is solely intended for general informational purposes. Due to external circumstances, delays, defects, and/or
other imperfections may occur in the provided information.
13.2 Although The Cycling Club exercises the utmost care in the composition and maintenance of its website, The Cycling Club cannot guarantee that the provided information is complete, current, and/or accurate. The Participant hereby unconditionally and irrevocably waives its right to compensation for any direct or indirect damage that has arisen, arises, or will arise from the use of personal data, unless The Cycling Club acts with intent or gross negligence
equivalent thereto.
13.3 The websites of third parties to which hyperlinks are included on the Website are not controlled, created, and/or maintained by The Cycling Club. The Cycling Club therefore accepts no liability for the content of these linked websites.
13.4 The Website and its content are protected by copyright, trademark law, and other intellectual property rights. Nothing from this website or its content may be reproduced, stored in an automated database, or made public, in any form or manner, either electronically or mechanically, by photocopying, recording, or in any other way, without the prior consent of The Cycling Club.
Article 14 – Applicable Law and Competent Court
14.1 These Participant Conditions are effective as of 1 December 2024.
14.2 Deviations from these Participant Conditions can only be made if confirmed in writing by The Cycling Club.
14.3 In the event that any provision in these Participant Conditions is declared null and void or is annulled, this does not affect the validity of the other provisions. The Cycling Club and the Participant will then enter into consultations to agree on new provisions to replace the null or annulled provisions, taking into account as much as possible the purpose and scope of the original provision.
14.4 Every legal relationship with The Cycling Club is governed by Dutch law. All disputes between the Participant and The Cycling Club arising out of or in connection with the Agreement will be settled by the court of Midden-Nederland.