GENERAL TERMS AND CONDITIONS ONEFIT UNLIMITED B.V.
Established at Overschiestraat 182, 1062 XK Amsterdam
Registered with the Kamer van Koophandel under number 64538044
ARTICLE 1. DEFINITIONS
In these general terms and conditions, the following definitions are used:
- App: the mobile application and/or mobile Website of OneFit.
- Account: the personal overview page of a Member on the Website and/or App, which page is accessible after registration and after the Member has logged in on the Website or App.
- Activity: the lesson, location, workshop, individual or group training and any other activity or facility to which the Membership provides access.
- Proof of payment: the proof that a payment has been made, for example a bank or credit card statement.
- Member: the natural person who has registered an Account with OneFit.
- Membership: the OneFit membership that gives entitlement to the use of the Activities of the affiliated Sports Providers against periodic payment.
- Membership Fee: the compensation that a Member owes to OneFit per 30-day period.
- OneFit: the private company with limited liability OneFit Unlimited B.V., established at Overschiestraat 182, 1062 XK Amsterdam, registered with the Kamer van Koophandel under number 64538044.
- Reservation: registering, recording or booking Activities of Sports Providers affiliated with OneFit via the Website or the App.
- Reserving: making a reservation via the Website and/or App.
- Sports Provider: a company affiliated with OneFit that offers Activities under the Membership.
- Website: the OneFit website which is accessible via https://onefit.nl.
ARTICLE 2. APPLICABILITY
- These general terms and conditions apply to the Membership, as well as any participation in Activities and any use of the Account, the Website or the App by the Member.
- If one or more provisions of these terms and conditions should be void or invalid, the other provisions will remain in full force. In that case, the void or invalid provisions will be replaced by OneFit by new provisions that will as far as possible approximate the purpose and the scope of the provisions to be replaced.
ARTICLE 3. MEMBERSHIP
- The Membership means that the Member, against payment of the Membership Fee, has access to the Activities of Sports Providers as stated on the Website or App.
- One Membership may be requested per person. It is therefore not possible to own multiple Memberships per person.
ARTICLE 4. OFFER AND ACTIVITIES
- The offer of Sports Providers and Activities that may be used with the Membership may change from time to time. This also applies to the available times and the number of lessons available to Members.
- The Membership entitles you to the use of Sports Providers' Activities within the Netherlands. If a Member wishes to make use of the Activities of Sports Providers established outside the Netherlands, the Member must contact OneFit's customer service.
ARTICLE 5. RESERVING ACTIVITIES
- The Membership offers Members the ability to use Activities at different Sports Providers. OneFit is allowed to set a maximum for:
- the number of Activities in which the Member can participate per day;
- the monthly number of Activities in which a Member can participate with a Membership;
- the number of Activities per 30-day period in which a Member can participate per month with the same Sports Provider. This concerns the total number of Activities participated in, not the type of Activities;
- the maximum number of reservations that a Member may have in his/her Account.
- The Member is not permitted to use an Activity with the same Sports Provider more than once a day.
- The Member can place a reservation for an Activity in advance via the Website or the App. For some Activities, it is necessary to reserve in advance in order to gain access to the Activity. There are also Activities that cannot be or do not have to be reserved. In that case, the Member must register on site.
- If a Member has more than the maximum number of reservations in his/her Account, a subsequent reservation may only be made if the Member has made use of a reserved Activity (as a result of which this reservation expires) or if the Member cancels one of the reservations.
- If a Sports Provider has multiple branches, then the location is not decisive of whether use is made of the same Sports Provider but the umbrella company. Exercising multiple times per day at the same Sports Provider, but at different locations, is therefore not permitted. The same applies to the total number of times per month an Activity can be used with a specific Sports Provider.
ARTICLE 6. CANCELING A RESERVATION
- The period within which reservations for an Activity may be cancelled is 12 (twelve) hours before the start of this Activity. This period applies for every Sports Provider.
- A Member must cancel a reservation at the latest before the set period if the Member is unable to or does not wish to make use of the Activity. If the Member fails to cancel the reservation in a timely manner or does not show up, the OneFit Member will receive a warning by e-mail.
- The first time that a Member does not cancel a reservation in a timely manner or does not show up, OneFit will not charge the Member for this. Every subsequent time the Member cancels too late or does not show up, OneFit charges the Member a no-show fee. The amount of the no-show fee is stated by OneFit on its website.
- When a Member owes the no-show fee, the Member can no longer make further reservations from that time. The Member can also no longer make use of the Membership from that time, until the Member has paid the no-show fee to OneFit. Reservations made will be held no more than 24 (twenty-four) hours. Should the no-show fee not be paid within this period, the outstanding reservations will be cancelled to prevent further no-show fees.
ARTICLE 7. ACCESS TO ACTIVITIES
- The Membership is personal and non-transferable. The Member must therefore always be able to identify himself to the Sports Provider. The Member is therefore obliged to upload a recognizable passport photo of sufficient quality in his or her Account, so that the Sports Provider can verify whether the Membership is used by the person entitled to do so. A recognizable passport photo of sufficient quality means an authentic and personal passport photo of the Member.
- Access to a particular Activity is obtained by the Member by registering his participation in the App. As a result, the participation of the Member in the Activity is registered. This process is referred to hereafter as "checking in".
- The Member gains access to the Activity when the Member has checked in via the App.
- For some Activities, it is necessary to reserve in advance in order to gain access to the Activity. Checking in for these Activities is therefore only possible if the Member has reserved in advance. Checking in is possible from 30 minutes before the start of the Activity until 5 minutes after the start.
- From 5 minutes after the start of the Activity, the Member can no longer check in, and a no-show fee will be charged to the Member, unless it is the first time that the Member did not check in on time. In that case, the Member will receive a warning by e-mail.
- All Activities can be visited without an additional payment. It is possible that a small amount will be requested for the use of materials, such as yoga mats, towels, boxing gloves etc., or for the use of additional services such as wellness facilities. This is indicated on the Website and/or the App.
- The Member must be present no later than 15 minutes before the start of the Activity and in the right clothing at the location of the Sports Provider where the Activity takes place. The Sports Provider has the right to refuse access to the Activity to Members who are not present on time.
ARTICLE 8. HOUSE RULES
- Members declare by using the Membership that they agree with the house rules of the visited Sports Provider, however named, and must follow the instructions of the employee(s) and the management of the Sports Provider. The house rules are usually available for inspection at the location or can be found on the website of the relevant Sports Provider.
- The Member must make any medical indication known in all cases to the employee(s) or management of the Sports Provider prior to the Activity.
- The employee(s) and the management of the Sports Provider are entitled to request a Member who does not comply with the applicable (house) rules and these general terms and conditions to leave the relevant location or activity and, if desired, also to exclude the Member from a future visit. In that case, the Member is not entitled to a refund of payments that have already been made for the Membership. The Sports Provider is obliged to inform OneFit about this, whereby OneFit has the right to exclude the Member from further use by blocking the relevant App and the Account of the Member in the event of multiple violations. In the event of exclusion from visiting or blocking the App and the Account, the Member is not entitled to full or partial refund payments that have already been made for the Membership.
ARTICLE 9. THEFT, LOSS, ABUSE, OR FRAUD
- If the Member suspects that the App and/or the Account is being used without his consent, the Member must immediately inform OneFit by e-mail: [email protected] or by telephone: 085 - 888 48 26. OneFit will block the App and/or the Account in that case.
- If OneFit suspects that the App and/or Account is being defrauded or an attempt is being made to do so, the relevant App and/or the Account will be blocked.
- OneFit can recover the costs arising from fraudulent or improper use on the Member.
- OneFit accepts no liability for damage suffered by the Member, which damage is the result of loss, theft, misappropriation or improper use of the App and/or the Account. The App and/or Account used by the Member is strictly personal and can only be used on one smartphone at a time. The passport photo uploaded in the Account must be of sufficient quality so that the Sports Provider can verify whether the Membership is used by the person entitled to do so.
ARTICLE 10. TRIAL PERIOD
- OneFit offers new Members the option to cancel the agreement free of charge within 14 days after activating the Membership. When the Member uses a free trial period, the starting date of this free trial period is the date on which the trial period starts.
- If the Member wishes to make use of this option within 14 days after activation of the Membership, the Member must inform OneFit of this via Website, App or e-mail: [email protected]
- OneFit will then reimburse the Member to the Member in proportion to the invoice amount within 14 days. If the Member has not made use of the Membership, the full invoice amount will be refunded. If the Member has made use of the Membership, that is to say: the Member has participated in at least one Activity, then the invoice amount will be refunded in proportion to the number of days after which it will be dissolved. If the Member terminates after 10 days, the invoice amount will be refunded by 10/30.
- The trial period only applies to new Members, that is to say: Members who activate the Membership for the first time and therefore not on the reactivation of already existing, paused Memberships. OneFit reserves the right to refuse Members or terminate a Membership if OneFit suspects that the relevant Member repeatedly makes use of the trial period (abuse).
ARTICLE 11. DURATION AND TERMINATION
- The Membership is a subscription that is concluded for an indefinite period and can be terminated each time by the end of the current 30-day billing period with due observance of a notice period of 10 days.
- Cancellation takes place via the Website or App. If a Member fails to terminate the Membership in time and with due observance of the applicable notice period, a new 30-day billing period starts after the current billing period ends, after which the Membership ends.
- The Member can see in the Account at any time how long the current billing period of 30 days still lasts.
- After the Member has cancelled the Membership, the Member's details will be stored in the system for 12 months after the Membership ends. During these 12 months, the Member has the option of simply re-activating the subscription, because his personal data are still stored. If the Member does not reactivate the Membership within 12 months, the Account and the related personal data will be automatically deleted. However, OneFit can keep the telephone number and e-mail address of the Member anonymized for analytical purposes.
- A Membership can be (re-) activated on any day of the month. The (re-) activation of the Membership takes place by ordering the Membership via the App or Website and paying for the first 30-day period. Payment is made by iDeal or credit card.
- Members can make use of the Activities of Sports Providers affiliated with OneFit immediately after (re-) activation.
- If the Member wants the data to be immediately removed after cancellation, the Member can submit a request by e-mail to OneFit. OneFit will respond to such a request within one month at the latest.
ARTICLE 12. PRICES AND PAYMENT
- For the Membership, the Member owes the Membership Fee to OneFit every 30 days. Different monthly rates apply to different areas/cities. OneFit charges the Member the rate of the city or the area where the Member makes the most use of his Membership. OneFit reserves the right to adjust the Membership Fee if it appears that a Member more often uses Activities in a different city than the city under which the Member has registered.
- OneFit reserves the right to implement price changes. OneFit will inform the Member in writing of a proposed price change. If a Member does not wish to agree to a proposed price change, the Member must cancel the Account before the date on which the price change takes effect and with due observance of the applicable termination agreements included in these general terms and conditions.
- Payment for the Membership is only possible through payment by credit card or iDeal via the Website or App. Upon payment of the first instalment, the Member gives permission to OneFit for further direct debit of the follow-up periods until further notice. The collection of the Membership Fee due is made every 30 days.
- If the Membership Fee due could not be transferred, for example because there was insufficient balance on the specified bank Account at the time of debit or because the Member provided incorrect payment information, as well as in the event that a Member reverses the payment for a period, the further use of the Membership blocked. The Member can still pay the costs due for the Membership via the Account and can choose an alternative payment method as applicable. The Member will, however, continue to owe all overdue instalments up to the moment that the Membership is terminated in accordance with the conditions.
- Members can change the payment method in the Account. An administration fee may be associated with a change in the payment method. These administration fees will be clearly stated in advance. Changes will be effective for the next payment period with due observance of a period of one week.
- The Member receives a digital invoice for each period in the Account.
ARTICLE 13. PROMOTIONS, TRIAL PERIODS AND FRIENDS DISCOUNT
- OneFit regularly offers promotions for new Members with a discount for the first month(s) of the Membership. These promotions are not available to existing Members and refunds or reimbursement due to unused or missed promotions are not possible.
- OneFit can temporarily offer free trial periods where new Members can use the Membership for free for a specified period. A condition for the use of a trial period is that the new Member creates a complete Account including payment details via the Website or App. After the trial period, it is automatically converted into a paid Membership. Before the end of the trial period, the new Member can stop the Membership via the Website or App with immediate effect, if an automatic extension is not desired. All other conditions attached to membership apply in full to the free trial period. These promotions are not available to existing Members and refunds or reimbursement due to unused or missed promotions are not possible.
- OneFit Members receive a unique personal friend link that can be shared with friends, acquaintances and family via e-mail, Facebook or Twitter. Everyone who registers for the Membership via this friends link receives a one-off discount on the first Membership Fee. The Member whose friend link has been used receives a discount on friends for making a new Member. This discount is deducted from the payment of the next Membership Fee. The amount of these discounts is stated by OneFit on its website.
- The discount for friends is automatically processed and only applies if the member has not previously been registered with OneFit as a Member. An introduced Member can only use one friend link, if several friend links have been received, the discount will only be granted to the Member associated with the friend link used for the registration. This discount cannot be combined with other discounts and promotions.
- The maximum discount for friends that a Member can receive per 30-day period is the amount of one instalment payment for the Membership. The compensation is never paid in cash, but will always be deducted from the instalment payment.
- The discount for friends is settled after the new Member has paid the first instalment and only if the Membership is not terminated immediately after the first instalment. If the Membership is terminated or dissolved by the applied Member during the first period, the discount for friends expires.
ARTICLE 14. USE OF THE WEBSITE AND APP
- Members can write a review after each Activity which is placed on the Website and/or App. Hurtful, gross or otherwise inappropriate reviews are removed by OneFit.
- The Website and the App contain social elements that enable Members to participate in sports together. Members can search for other Members and contact each other. Members who have contacted each other can view each other's reservations and send each other invitations to participate in certain Activities.
- On the Website and the App, the Sports Providers will show reviews and the available Activities will indicate which Members have reserved these Activities. The name and profile photo of Members are displayed with these entries. If the Member does not wish to be visible, then the setting 'anonymous' must be selected in the Account.
- Uploading a profile photo in the Account is mandatory. This profile photo is used to identify Members by the Sports Providers at check-in. The profile photo must be authentic, personal and recognizable. In case a profile photo does not meet these requirements, the Sports Provider or OneFit will point this out to the Member. In that case, the Member must upload a new profile photo via the Website or App. If the Member does not adjust the profile picture to the set guidelines, after being notified, OneFit and the Sports Provider reserve the right to refuse the Member to participate in Activities.
ARTICLE 15. COMPLAINTS PROCEDURE
- The Member enters into an agreement with OneFit directly concerning the use of the Membership. OneFit has in turn entered into agreements with Sports Providers with regard to access to the Sports Providers Activities. By making use of the Membership or the Activities of a Sports Provider, the Member does not enter into a contract with the Sports Provider.
- In case of complaints, the Member can always turn to OneFit. In addition, the Member can turn to OneFit in the event of a dispute with a Sports Provider or with questions about the restitution of subscription fees.
- Complaints relating to Sports Providers, the services or products of OneFit, the use of the App, the Account or the Website must be reported to OneFit's customer service in writing or via e-mail as soon as possible.
- The correspondence address of the OneFit customer service is: Overschiestraat 182, 1062 XK Amsterdam. The e-mail address is: [email protected] In case of urgent matters or if direct consultation is desired, telephone contact can also be made during opening hours (Monday to Friday 9:00 am to 9:00 pm, weekend days from 10:00 am to 3:00 pm) via telephone number 085 - 888 48 26.
- Complaints can be reported no later than 15 days after the incident. If the 15-day period has expired, the right to complain expires. Members are asked to clearly describe a complaint and to send any proof. OneFit will make every effort to resolve every complaint as quickly as possible and satisfactorily.
ARTICLE 16. PRIVACY
- OneFit observes the requirements and guidelines for careful handling as described in the General Data Protection Regulation. Members declare their agreement with the storage of user data and personal information by OneFit.
- OneFit is entitled to use the personal data stored by it for the execution of the Membership and for marketing purposes.
- OneFit uses the personal data of the Member exclusively for its own operations and does not make this information available to other parties.
- The Member agrees to receive relevant news and offers from OneFit via e-mail and social media or in another way (for example a message via the App). The Member can unsubscribe via the Account for each of these information facilities.
- For a complete overview of how OneFit handles the privacy of its Members and visitors, see: https://onefit.nl/nl-nl/privacy.
ARTICLE 17. LIABILITY
- The liability of OneFit only extends to the correct execution of agreements concluded by it, in particular the Membership.
- In the event of an attributable shortcoming of OneFit in the fulfilment of its obligations under an agreement concluded with the Member, OneFit is only obliged to fulfil the obligations arising for OneFit from the agreement with the Member as well as to reimburse the Member in proportion to the period in which the Member has not been able to use the services of OneFit as a result of this attributable shortcoming. The amount of this compensation will in all cases be limited to the maximum amount that the Member has paid to OneFit during this period on the basis of the agreement concluded between the parties.
- Except in case of intent or deliberate recklessness of OneFit or its subordinates, OneFit's liability for damage, both direct and indirect, arising from any agreement or delivery of goods or services, is excluded.
- OneFit accepts no liability for damage, both direct and indirect, that the Member suffers before, during or after or as a result of a visit to a location and/or participation in an Activity of a Sports Provider, including personal injury or damage as a result of loss of income. Use of the Activities offered by connected Sports Providers is expressly at the Member's own risk.
ARTICLE 18. CHANGES AND LOCATION
- OneFit has the right to change these general conditions at any time.
- Unless otherwise stated, the amended terms and conditions will be effective after publication and/or notification to the Member. The changed terms and conditions take the place of the previous version of the general terms and conditions. If the Member does not wish to accept the new terms and conditions, the Member is entitled to cancel the agreement with OneFit by the date on which the amended conditions take effect. Termination on the basis of this provision will be made in writing by e-mail to: [email protected]
- The latest new version of the general terms and conditions can always be found on the OneFit website. In addition, these conditions have been filed with the Kamer van Koophandel. Upon request, OneFit will send the Member free of charge a copy of its general terms and conditions.
ARTICLE 19. APPLICABLE LAW AND CHOICE OF FORUM
- Dutch law applies to all relations between the Member, the Sports Provider and/or OneFit.
- All disputes that cannot be resolved in accordance with the complaints procedure of Article 15, and which arise as a result of an agreement to which these general terms and conditions apply in full or in part, or as a result of other agreements that are the result of such an agreement, will be resolved by the competent court in the district of the location of OneFit, unless a mandatory legal provision opposes this. This does not alter the fact that OneFit can agree with the Member or the Sports Provider to have the dispute settled by means of independent arbitration.