This English version is a translation of the Dutch terms and conditions of Patricks Gym. The Dutch text is the original. Where a difference in meaning arises between the two versions, the Dutch text is decisive.
01General
1.1 Patricks Gym
Patricks Gym is the trade name of Qlife Studio V.O.F., registered in the Commercial Register of the Netherlands Chamber of Commerce (KvK) under number 73609013, having its registered office at Marius Bauerstraat 28, 1062 AR Amsterdam.
Where these terms and conditions refer to “Patricks Gym”, Qlife Studio V.O.F. is meant as the contracting party.
1.2 Member
The member is the natural person who is not acting in the course of a profession or business and who enters into an agreement with Patricks Gym for the use of its facilities and/or services.
1.3 Agreement
The agreement means the agreement between Patricks Gym and the member concerning a membership, punch card, individual service or other service of Patricks Gym.
1.4 In writing
In writing also includes communication by e-mail and via the app or other digital environment of Patricks Gym.
1.5 Applicability
These terms and conditions apply to all offers and agreements between Patricks Gym and the member.
The club rules of Patricks Gym form part of the agreement. In the event of any conflict between the club rules and these terms and conditions, these terms and conditions prevail.
Consumer rights under mandatory law remain applicable at all times.
02Registration and formation of the agreement
2.1 Formation
The agreement is formed once Patricks Gym has accepted and confirmed the registration of the member.
Registration may take place by means of the online registration form or by means of another registration method offered by Patricks Gym.
2.2 Personal membership
A membership is strictly personal and non-transferable, unless Patricks Gym has expressly agreed otherwise in advance.
2.3 Details
Upon registration, the member provides the details that are necessary for the performance of the agreement, such as:
- name;
- date of birth;
- address;
- telephone number;
- e-mail address; and
- payment details.
The member is responsible for the accuracy of these details and reports any changes as soon as possible.
2.4 Information prior to registration
Before the agreement is concluded, the following is made clear to the member:
- which services and facilities are covered by the chosen membership;
- the applicable rate;
- the minimum term;
- any term discount;
- the method of payment;
- the method of cancellation;
- the applicable notice period;
- these terms and conditions; and
- the club rules.
03Memberships and term
3.1 Membership types
Patricks Gym may offer various membership types, including memberships with:
- a minimum term of three months; and
- a minimum term of twelve months.
The membership with a minimum term of three months is also referred to as the flex membership; the membership with a minimum term of twelve months as the annual membership.
Which minimum term, price, facilities and services apply is stated upon registration.
3.2 Fixed contract period
During the agreed minimum term, the member is in principle bound by the agreement.
Early termination is possible only in the cases set out in these terms and conditions or in mandatory applicable law.
3.3 After the end of the minimum term
After the end of the agreed minimum term, the agreement is continued for an indefinite period, unless the member has cancelled in good time.
Accordingly, no new fixed contract period of three or twelve months arises automatically.
After the minimum term, the member may cancel at any time, observing the notice period referred to in article 7.
3.4 Content of the membership
The membership entitles the member solely to the services, locations, activities, classes and facilities belonging to the chosen membership type.
A membership does not entitle the member to a guaranteed place in a particular group class, to a particular trainer or to the class schedule remaining unchanged.
3.5 Changes to the offering
Patricks Gym may decide no longer to offer certain membership types to new members.
Such a change does not automatically alter an existing agreement.
04Cooling-off period and right of withdrawal
4.1 Agreement concluded online or at a distance
Where the member concludes the agreement online, by telephone or otherwise at a distance and the statutory rules for agreements concluded at a distance apply, the member has a statutory cooling-off period of fourteen days.
Within this period the agreement may be withdrawn without giving any reason.
4.2 Registration on the premises
For an agreement concluded entirely on the premises at Patricks Gym, no statutory cooling-off period applies, unless the law provides otherwise in the situation concerned or Patricks Gym has expressly granted an additional cooling-off period in the offer.
4.3 Starting during the cooling-off period
Where the member expressly requests that the membership or the service already commence during the statutory cooling-off period, the facilities may be used immediately.
If the member subsequently exercises the right of withdrawal within the statutory cooling-off period, the member owes – in so far as the statutory requirements for this have been met – a proportionate payment for the services already used.
4.4 Withdrawal
An agreement may be withdrawn within the statutory cooling-off period via:
- the digital withdrawal function available for this purpose on the website or in the Patricks Gym app, in so far as this is required by law; or
- by e-mail to service@patricksgym.com.
Patricks Gym confirms receipt of a digital withdrawal.
This article does not limit any statutory right of the member to withdraw in another legally valid manner.
05Trial sessions and single-visit participation
5.1 Trial session
A trial session is personal and cannot be transferred to another person.
5.2 Club rules
From the first visit onwards, the club rules and safety regulations of Patricks Gym apply.
5.3 Health and physical capacity
The participant is personally responsible for assessing whether participation in the activity is advisable in view of his or her health, physical condition, experience and physical capacity.
Where a physical limitation is relevant to the safe performance of a training session, the participant is advised to discuss this with the trainer prior to the start.
5.4 Rate
The applicable rate for a trial session or single-visit participation is made known before the booking.
5.5 Becoming a member after a trial session
Where the participant enters into a membership after a trial session, the membership commences on the agreed start date.
Patricks Gym does not charge a registration fee, unless expressly stated otherwise in advance in a future offer.
06Punch cards and credits
6.1 Personal
Punch cards and credits are strictly personal and non-transferable.
6.2 Period of validity
Unless expressly stated otherwise at the time of purchase, the following validity periods apply:
- 5-visit punch card: 90 days;
- 10-visit punch card: 365 days;
- wellness card of 10 sessions: 120 days.
The period of validity commences on the date of purchase.
6.3 Expired credits
Unused credits lapse upon expiry of the period of validity announced in advance.
There is no right to a refund of unused credits, unless mandatory law provides otherwise.
6.4 Exception
If a credit demonstrably could not be used within the period of validity owing to a prolonged circumstance which is entirely for the account of Patricks Gym, Patricks Gym may reasonably extend the period of validity.
07Cancellation, early termination and pausing
7.1 Regular cancellation
For correct and prompt administrative processing, a cancellation is submitted:
- via the designated cancellation form in the Patricks Gym app; or
- by email to service@patricksgym.com.
Patricks Gym sends a confirmation of the cancellation received.
The member is advised to retain this confirmation.
A notification to a trainer, a WhatsApp message or a message via social media does not constitute the designated method of cancellation.
In so far as the member is also permitted under mandatory law to cancel in another manner – including, in certain cases, in the same manner as that in which the agreement was concluded – that statutory right continues to exist.
7.2 Notice period after the minimum term
Upon expiry of the fixed minimum term, the notice period is one calendar month.
Where Patricks Gym receives a cancellation in a given calendar month, the membership ends on the last day of the following calendar month.
7.3 Cancellation during the minimum term
A member may cancel in advance during the minimum term with effect from the end of that minimum term.
The agreement then ends on the agreed end date, provided that the cancellation is received no later than one month before that date.
If cancellation takes place later, the membership continues after the minimum term for an indefinite period and the notice period under article 7.2 applies from that moment.
7.4 Early termination in the event of relocation
Patricks Gym permits early termination where:
- the member relocates to a residential address more than 25 kilometres from Patricks Gym; and
- as a result of the relocation, the membership can reasonably no longer be used.
Patricks Gym may require the new residential address to be demonstrated by means of reasonable documentary evidence.
The notice period under article 7.2 applies.
7.5 Long-term medical impediment
Where a demonstrable long-term illness, injury or other medical limitation makes it reasonably impossible for the member to exercise during the remaining contract period, Patricks Gym may permit early termination upon request.
Patricks Gym may request limited documentary evidence showing only that exercise is not possible during a particular period.
A medical diagnosis, medical history or other medical information that is not necessary does not have to be provided.
The member may render irrelevant medical information on a document illegible.
7.6 Settlement of the term discount in the event of early termination
A twelve-month membership may be offered at a lower monthly rate than the comparable flexible membership type.
This discount is granted in exchange for the agreed minimum term of twelve months.
Where a twelve-month membership is terminated at the request of the member before the end of this period, including in the case of a permitted early termination on account of relocation, the discount linked to the full twelve-month term lapses in respect of the part of the agreement that has already elapsed.
Patricks Gym may then recalculate the part of the agreement that has already elapsed on the basis of the rate of the comparable flexible membership that applied at the time the twelve-month membership was entered into.
The difference between:
- the reduced rate actually paid; and
- the comparable flex rate applicable at that time,
is charged once in the final settlement.
This settlement is not an additional penalty, but a correction of the discount that was contingent upon completion of the agreed minimum term.
The settlement does not take place where the agreement is terminated on account of a failure on the part of Patricks Gym which entitles the member by law to terminate the agreement without these costs, or where mandatory law precludes the settlement.
In exceptional individual circumstances, Patricks Gym may decide to waive the settlement in whole or in part.
7.7 Holiday pause
An active membership may be paused on account of holiday no more than once per consecutive period of twelve months.
A holiday pause always lasts exactly one full month.
A shorter or longer holiday pause is not possible.
During the holiday pause:
- the member cannot make use of the membership;
- no use can be made of the gym, group classes, the studio, wellness or other facilities covered by the membership;
- no bookings can be made on the basis of the paused membership;
- the regular direct debit is suspended during the approved pause month; and
- the minimum term/end date of the agreement is extended by one month.
The holiday pause must be requested in advance.
A holiday pause cannot be requested retroactively.
The pause cannot be taken during a notice period that has already commenced.
After a holiday pause has been used, entitlement to a further holiday pause arises only once twelve months have elapsed since the commencement date of the previous holiday pause.
7.8 Pausing on account of special circumstances
In addition to the holiday pause, Patricks Gym may permit a longer or different freeze in the event of, for example:
- long-term illness;
- long-term injury;
- pregnancy; or
- another demonstrable weighty personal circumstance as a result of which the membership reasonably cannot be used for a temporary period.
This arrangement is separate from the holiday pause.
Patricks Gym assesses such a request on an individual basis and may require reasonable documentary evidence.
In the case of medical circumstances, no more medical information is requested or processed than is necessary.
An approved freeze is determined in advance. The direct debit is suspended during the agreed freeze period and the contract term is in principle extended by the same period.
During a freeze, the member cannot make use of the membership.
A freeze cannot be applied retroactively, save in special circumstances in which Patricks Gym expressly decides otherwise.
08Prices, indexation and opening hours
8.1 Rate
The rate agreed at the time of registration applies for the duration of the agreed fixed minimum term, save for:
- an indexation clearly agreed in advance;
- a legally required change, including a change to the VAT rate; or
- another change which is permitted under mandatory law.
8.2 Annual indexation
Patricks Gym may adjust the subscription rates for inflation no more than once per calendar year on the basis of an objective consumer price index published by Statistics Netherlands (CBS), provided that this possibility and the method of indexation were clearly disclosed at the time the agreement was entered into.
Patricks Gym shall inform the member in advance of the new rate and the date on which it takes effect.
8.3 Other price increases
Any other price increase during a fixed minimum term that is in progress shall be applied only if this is permitted under the law and under the agreement.
Where a price change gives the member the statutory right to terminate the agreement free of charge, Patricks Gym shall inform the member accordingly.
For agreements which continue for an indefinite period, Patricks Gym shall announce a price change in advance.
8.4 Opening hours and class schedule
Patricks Gym may change opening hours, class schedules, trainers, room allocations and the scheduling of activities where this is reasonably necessary for the operation of the business.
No lasting rights may be derived from a particular time, a particular trainer or an individual group class.
8.5 Material change to the services
Where Patricks Gym structurally removes an essential part of the agreed services, or changes such a part in such a way that the member cannot reasonably be expected to continue the agreement unchanged, a suitable solution shall be offered in consultation.
If the law confers a right to do so, the member may terminate the agreement in that event.
8.6 Public holidays and temporary maintenance
Different opening hours may apply on public holidays.
Facilities may also be temporarily out of use on account of maintenance, repair, refurbishment, safety or force majeure.
A limited or temporary change does not automatically give rise to a right to a refund, provided that the services as a whole remain reasonably available.
09Payment
9.1 Automatic direct debit
The subscription fee is paid monthly in advance, in principle by SEPA direct debit.
By accepting the agreement, the member consents, in so far as applicable, to the agreed direct debit.
9.2 Payment details
The member is responsible for correct payment details and for a sufficient balance in the account.
A change of bank account number is notified to Patricks Gym in good time.
9.3 Failed payment or reversal
Where a direct debit fails, is reversed or another amount due is not paid on time, the member remains obliged to pay that amount.
9.4 Payment reminder
Before extrajudicial collection costs are charged to a consumer, the member receives a payment reminder free of charge and the period required by law in which to make payment after all.
Only where payment has not been made in full after the expiry of that period may statutory interest and extrajudicial collection costs be charged in accordance with the law.
9.5 Access in the event of payment arrears
In the event of payment arrears that are due and payable, Patricks Gym may, after a reasonable warning, temporarily block access to its facilities until the arrears have been paid.
Blocking access does not automatically terminate the agreement or the payment obligation.
9.6 Debt collection
Where payment is not made following the statutory reminder procedure, Patricks Gym may transfer the claim to a debt collection service provider.
Any collection costs are charged solely in so far as, and up to the amount that, the law permits.
10Group classes, bookings and personal training
10.1 Booking
For group classes, booking via the app may be mandatory.
A booking is personal and non-transferable.
10.2 Cancelling attendance
If the member is unable to participate, the member must cancel the booking as soon as possible using the function available for that purpose.
Patricks Gym may apply reasonable cancellation or no-show rules per activity, provided that these have been clearly communicated in advance.
10.3 No-show
If the member fails to attend without cancelling, the single credit used for that activity may lapse or a no-show measure announced in advance may be applied.
10.4 Changing or cancelling classes
In the event of, for example, insufficient participants, illness of a trainer, force majeure or operational necessity, a group class may be:
- cancelled;
- merged;
- rescheduled; or
- taught by another trainer.
Patricks Gym informs participants of this as soon as reasonably possible.
10.5 Personal training
A personal training session must be cancelled no later than 24 hours before it starts, unless otherwise agreed.
In the event of a later cancellation or a no-show, the session may be charged in full or the credit used for it may lapse.
10.6 Late arrival
A trainer may refuse participation in a class if a member arrives so late that safe participation is no longer justifiable, for example if an essential warm-up or safety instruction has been missed.
1124/7 access
11.1 Personal access
A personal access pass, QR code, PIN code, digital access code or other access method is strictly personal.
The following is not permitted:
- sharing means of access with others;
- admitting others on the member’s own initiative;
- using a means of access belonging to another person.
11.2 Misuse
In the event of misuse, Patricks Gym may temporarily block access.
In the event of a serious or repeated breach, the agreement may be terminated in accordance with article 14.
11.3 Unstaffed hours
During certain hours, the premises may be unstaffed.
The member who trains during unstaffed hours must take this into account in his or her training choices.
The member is expressly advised not to perform exercises for which, in view of the weight, technique, experience or risk involved, direct supervision or a spotter is necessary.
11.4 Emergencies
In a medical or other acute emergency, the member calls 112 immediately where this is necessary.
If a staff member is present, that staff member is alerted as soon as possible.
Malfunctions, defects and unsafe situations are reported to Patricks Gym as soon as possible.
12Wellness & Studio
12.1 Facilities
The Wellness & Studio may comprise, among other things:
- a Finnish sauna;
- a steam room;
- a jacuzzi;
- a cold plunge;
- a hammam;
- recovery facilities;
- yoga;
- Pilates; and
- other studio activities.
Which facilities are included in a membership is determined by the membership type chosen.
12.2 Minimum age for wellness
For independent use of the wellness facilities a minimum age of 18 years applies, unless Patricks Gym expressly determines otherwise for a specific activity.
12.3 Own responsibility
Heat, cold and intensive recovery facilities may cause additional physical strain.
The member is responsible for assessing whether the use of these facilities is compatible with his or her health and physical condition.
In the event of doubt, it is advised to obtain medical advice beforehand.
12.4 When not to use the facilities
Do not use the wellness facilities where this is not responsible in view of one’s own health or circumstances, including in the case of:
- fever or acute illness;
- a contagious condition;
- open wounds where these give rise to a hygiene or safety risk;
- the use of alcohol or drugs;
- medication which affects the ability to react or the regulation of body temperature to such an extent that safe use cannot be guaranteed; or
- a medical situation in which a doctor has advised against use.
12.5 Instructions and hygiene
The member observes all indicated:
- maximum times;
- hygiene rules;
- showering rules;
- safety warnings;
- booking rules; and
- instructions of staff members.
12.6 Bookings
For certain wellness or studio facilities booking may be compulsory.
A booking gives access only during the booked time slot and in accordance with the rules applicable to it.
13Children and minors
13.1 Kids classes
The minimum age for Kids classes is in principle 5 years, unless otherwise stated for a specific activity.
13.2 Agreement for a minor
A membership for a minor is entered into with the consent of the parent or legal representative, in so far as such consent is required by law.
Patricks Gym may require a parent or legal representative to enter into the agreement jointly or to confirm it.
13.3 Payment
Where a parent or legal representative concludes the agreement on behalf of the minor, that person is responsible for the payment obligations arising from it.
13.4 Supervision
Parents or carers ensure that children are brought and collected in the manner and at the time agreed.
Outside organised classes or activities for which Patricks Gym has undertaken to provide supervision, Patricks Gym is not responsible for general supervision of minors.
13.5 Images
For recognisable promotional images of minors, the consent required by law is requested.
For children under the age of 16, this consent is requested from the parent or legal representative.
14Conduct, safety and club rules
14.1 Club rules
Every member and every visitor must comply with the club rules and with reasonable instructions given by trainers and staff members.
14.2 Safe use
The member:
- uses equipment and materials solely for the purposes for which they are intended;
- asks for an explanation where he or she does not know how a piece of equipment or an exercise is to be used or performed safely;
- uses suitable sportswear and, where prescribed, clean indoor shoes;
- uses the protective equipment that is mandatory for an activity;
- treats equipment and facilities with care;
- has regard for other members and staff members; and
- reports defective or unsafe material.
14.3 Martial arts
In the case of martial arts activities, protective equipment may be mandatory for certain training sessions, including for example:
- boxing gloves;
- mouthguard;
- shin guards; and
- other protection prescribed by the trainer.
A trainer may refuse participation where the necessary safety equipment is absent.
14.4 Use of substances
It is not permitted to take part in training sessions or to use the facilities where the member is under the influence of alcohol, drugs or other substances to such an extent that a safety risk arises as a result.
Smoking is not permitted within the premises.
14.5 Respectful conduct
Aggression, intimidation, threats, discrimination, sexual harassment, theft, vandalism and other unlawful or seriously undesirable conduct are not accepted.
14.6 Measures
In the event of a breach of the terms and conditions or the club rules, Patricks Gym may, depending on the seriousness of the situation:
- issue a warning;
- refuse participation in an activity;
- block access temporarily; or
- terminate the agreement.
14.7 Serious breach
In the event of a serious breach as a result of which Patricks Gym cannot reasonably be required to continue the agreement, Patricks Gym may terminate the agreement with immediate effect.
Patricks Gym shall act proportionately in doing so and shall state the reasons for a termination in writing upon request.
A member remains liable for damage that he or she has caused and that is attributable to him or her.
15Own responsibility, safety and liability
15.1 Normal risks of sport
By their nature, sport and training involve risks.
This applies, among other things, to:
- fitness;
- strength training;
- martial arts;
- boxing and kickboxing;
- sparring;
- HYROX;
- Strength & Conditioning;
- group classes;
- Pilates and yoga; and
- wellness and recovery activities.
The occurrence of an injury therefore does not automatically mean that Patricks Gym is liable.
15.2 The member’s own responsibility
The member is responsible for making a reasonable assessment of his or her:
- health;
- fitness;
- physical capacity;
- experience; and
- training level.
The member adapts the intensity, the weight and the technical difficulty to his or her own level.
15.3 Instructions
The member is obliged:
- to follow reasonable instructions from trainers and staff members;
- to use equipment correctly;
- to ask for an explanation where the use or the execution is not clear;
- to wear mandatory protective equipment;
- not to act knowingly above his or her own training or experience level where this gives rise to an unacceptable safety risk; and
- to stop immediately where participation no longer feels safe or responsible.
In the event of pain, dizziness, shortness of breath, loss of control, feeling unwell or other clear warning signals, the member is advised to stop immediately and to call for assistance if necessary.
15.4 Safety organisation of Patricks Gym
Patricks Gym endeavours to:
- lay out the training environment in a responsible manner;
- maintain materials and equipment reasonably;
- limit safety risks where possible;
- have appropriate first aid materials available; and
- have staff members available during the staffed hours designated for this purpose who are able to act in the event of incidents.
Within the organisation there are staff members with relevant first aid knowledge and/or training.
These safety measures do not remove the member’s own responsibility or the normal risks of taking part in sport.
15.5 Inherent sporting risks
To the extent permitted by law, Patricks Gym is not liable for damage or injury arising solely from a normal and foreseeable risk inherent in the sport or activity concerned, where Patricks Gym has complied with its duty of care.
This may include, for example, sports injuries which may arise despite a responsible layout, correct instruction and normal use.
15.6 Conduct of the member
To the extent that the law permits this, Patricks Gym is not liable for damage which is wholly or partly the result of circumstances which can be attributed to the member, including:
- failure to follow safety instructions;
- incorrect use of equipment;
- reckless behaviour;
- the use of weights or techniques which clearly do not match his or her own level;
- participation under the influence of alcohol or drugs;
- ignoring clear physical warning signals;
- failure to use prescribed protective equipment; or
- knowingly acting contrary to the club rules or to warnings.
Where both Patricks Gym and the member have contributed to the occurrence of the damage, liability is determined in accordance with the statutory rules on contributory negligence.
15.7 24/7 access
The member understands that during unstaffed hours a staff member need not be present immediately.
The member adjusts his or her training accordingly and, during unstaffed hours, avoids exercises for which direct assistance is reasonably necessary.
15.8 Personal property
Bringing personal property onto the premises and keeping it there takes place at the member’s own responsibility.
To the extent permitted by law, Patricks Gym is not liable for loss, theft or damage of property where no legally relevant blame can be attributed to Patricks Gym in that respect.
Use of the available lockers is advised.
15.9 Liability of Patricks Gym
Where Patricks Gym is legally liable for damage, liability is limited, to the extent that the law permits this, to the amount which is actually paid out in the case concerned under the applicable liability insurance, increased by the applicable excess.
Where the insurance provides no cover for a reason which does not remove the liability of Patricks Gym, liability for damage other than damage for which limitation is not permitted by law may, to the extent that this is reasonable and legally permitted, be limited.
15.10 No exclusion where this is not permitted
Nothing in these terms and conditions limits or excludes liability where and to the extent that such a limitation is not permitted under mandatory Dutch law.
In any event, the limitations of liability do not apply to damage which is the result of intent or wilful recklessness on the part of Patricks Gym or of persons for whose conduct Patricks Gym is liable by law, to the extent that the exclusion thereof is not permitted.
15.11 Damage caused by the member
The member is liable for damage which is caused by his or her attributable act or omission to:
- Patricks Gym;
- its materials or premises;
- staff members;
- other members; or
- third parties.
16Privacy, CCTV and images
16.1 Personal data
Patricks Gym processes personal data in so far as this is necessary for, among other things:
- the conclusion and performance of the agreement;
- membership administration;
- access to the facilities;
- bookings;
- invoicing and direct debit;
- customer service;
- safety;
- communication; and
- compliance with statutory obligations.
16.2 Privacy statement
Further information concerning:
- which personal data are processed;
- the purposes and legal bases;
- retention periods;
- recipients;
- security;
- any processors;
- CCTV; and
- privacy rights,
is set out in the privacy statement of Patricks Gym.
16.3 Health information
Health data are special categories of personal data and are processed only where a valid legal basis and exemption exists for this and in so far as the processing is necessary.
Where, in connection with a request for a pause or for early termination, supporting evidence is necessary, Patricks Gym requests as little information as possible.
A medical diagnosis or a full medical certificate is not requested where less intrusive evidence suffices.
16.4 Images
Recognisable photographs or videos of a member are used for promotional purposes only where valid consent for this has been obtained in advance, in so far as such consent is required by law.
Consent that has been given may be withdrawn.
Withdrawal has no retroactive effect in respect of processing that took place lawfully before the withdrawal.
16.5 Minors
For promotional images of children under the age of 16, consent is requested from the parent or legal representative.
16.6 Filming by members
Members and visitors may not, without consent, film or photograph in such a way that other members or staff members are captured recognisably and unnecessarily.
For changing rooms and other areas where a heightened expectation of privacy applies, a complete ban on filming and photography may apply.
16.7 Recordings by Patricks Gym
Trainers or other authorised staff members may make recordings for training, record-keeping or promotional purposes, in so far as this takes place in accordance with privacy legislation.
For promotional use, the consent arrangement set out in this article applies.
17Complaints, disputes and amendment of the terms and conditions
17.1 Complaints
A complaint may be submitted via service@patricksgym.com.
The member is asked to describe the complaint as fully as possible and to report it within a reasonable period after the problem has been discovered.
A statutory claim does not lapse solely because a complaint has not been submitted within a short period set by Patricks Gym itself, in so far as the law does not permit such lapse.
17.2 Handling
Patricks Gym endeavours to provide a substantive response to a complaint within four weeks.
Where more time is required, Patricks Gym gives notice of this and indicates when a substantive response may be expected.
17.3 Dutch law
Dutch law applies to the agreement.
17.4 Disputes
The parties first attempt to resolve a dispute by mutual consultation.
Where this is not successful, the dispute may be submitted to the court having jurisdiction under the law.
This article does not limit any statutory rights of a consumer in respect of the court having jurisdiction, out-of-court dispute resolution or other legal remedies.
17.5 Amendment of the terms and conditions
Patricks Gym may amend these terms and conditions where there is reasonable cause to do so.
New or amended terms and conditions are provided to the member before the effective date or made available in another manner permitted by law.
An amendment that operates to the detriment of the member during a fixed contract period is applied during that period only where:
- there is a valid contractual and statutory basis for it;
- the amendment is reasonable; and
- application during the fixed period is permitted by law.
Where this is not the case, the amendment takes effect for the member concerned only after the fixed minimum term has expired.
Where the law grants a right to terminate free of charge in the event of an amendment, the member is informed of this.
17.6 Mandatory law
Where a provision in these terms and conditions proves to be void, voidable or otherwise unenforceable, this does not affect the validity of the remaining provisions.
The provision concerned is then governed by the rule that applies under mandatory law, corresponding as closely as possible to the purpose and intent of the original provision.
18Contact
For questions concerning the membership, cancellations, payments and complaints, contact may be made via:
Patricks Gym / Qlife Studio V.O.F.
Marius Bauerstraat 28
1062 AR Amsterdam
E-mail: service@patricksgym.com
For regular cancellations, the cancellation form provided for that purpose in the Patricks Gym app may also be used.