TERMS & CONDITIONS
Article 1 – Definitions
Rocycle: The private limited company Cycle Concepts Holding B.V., with limited liability, incorporated under the laws of the Netherlands, having its statutory seat in Amsterdam, and its office at (1016 XP) Amsterdam, Nieuwe Passeerdersstraat 12, registered with the Chamber of Commerce under number 63834669, operating under the trade name Rocycle.
Participant(s): Anyone who has entered into a Participant Agreement with Rocycle. Participant Agreement: The agreement between Rocycle and a Participant.
Participant Conditions: These general conditions, published on Rocycle'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 a Rocycle Studio within the Term.
Class: Any (individual or group) class given by or on behalf of Rocycle in a Rocycle Studio.
Personal Data: All data provided by a Participant to Rocycle as indicated in the Participant Agreement.
Studio: Any studio of Rocycle, as shown on the Website.
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: Rocycle's website, www.rocyclestudios.com.
Article 2 – General
2.1 Every Participant is obliged to be aware of these Participant Conditions of Rocycle. If there is a Participant Agreement between Rocycle 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 Rocycle 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 Rocycle also reserves the right to refuse Participants in case of abuse of the subscription system or Rocycle's facilities.
2.5 Wearing sportswear and socks is mandatory. It is required to wear cycling shoes for SPD or SPD-SL pedals during the class. Rocycle customers can use cycling shoes provided on-site at no additional cost. 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 Rocycle Studio is smoke-free.
2.8 Consuming self-brought drinks and/or food is prohibited at Rocycle, except for the use of water bottles.
2.9 Rocycle reserves the right to close the entire day or part of the day on recognized holidays or days of renovation.
2.10 Children under 14 years old are not allowed at Rocycle, except for children accompanied by their parents. Any injury to children or damage to children's property resulting from (unauthorized) access to the Studio is at their own risk.
2.11 Pets are prohibited at Rocycle.
Article 3 – Applicability
3.1 These Participant Conditions apply to all legal relationships between Rocycle and a consumer (Participant) who has purchased Credit and/or participates in a Class offered and/or provided by Rocycle 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 Rocycle and all persons working for Rocycle and/or engaged by Rocycle.
3.4 Deviations from these Participant Conditions are only valid if expressly agreed upon in writing.
3.5 Rocycle 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 Rocycle 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 Rocycle or 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 Rocycle'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 Rocycle and Participant and replace all previous written and oral announcements, agreements, and all other correspondence.
4.4 The Participant ensures that all data – which Rocycle indicates are desirable or which the Participant should reasonably understand to be necessary for the performance of the Participant Agreement – are provided to Rocycle in a timely manner.
4.5 An agreement between Rocycle 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 Rocycle. Rocycle has the right to demand evidence before a suspension request is granted.
4.7 A Credit and/or bundle of Credits expires 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 Rocycle, the Participant is entitled to revoke the Participant Agreement with Rocycle within 14 (fourteen) 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 Rocycle unless the Participant has already used Rocycle's facilities and/or entered a Rocycle Studio.
4.11 If the Participant decides to purchase a new/additional Subscription from Rocycle, 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 Rocycle. 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 Rocycle. 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 4.7.
5.4 Rocycle reserves the right to index and change its prices and rates.
5.5 If Rocycle's facilities cannot be used, or not fully used, due to circumstances beyond Rocycle's control, the costs due from the Participant for using Rocycle'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 – Participation, Cancellation, and Rescheduling of Classes
6.1 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.
6.2 A Participant can unsubscribe until twelve (12) hours before the start of a Class. Without or in case of untimely cancellation, one (1) Credit will be charged.
6.3 Rocycle 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.
6.4 Rocycle 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.
6.5 Extraordinary circumstances always constitute force majeure for Rocycle and relieve Rocycle of its obligations. In case of persistent force majeure, Rocycle is released from its obligation to perform the agreement.
6.6 If a Participant causes such inconvenience or disturbance that the proper execution of a Class is impeded, Rocycle may exclude the Participant from the Class. All resulting costs are borne by the Participant.
6.7 Rocycle aims to accommodate everyone. If a cancellation is made two times (or more) within two weeks, Rocycle may apply the measure that no online scheduling is allowed for two (2) weeks, and all appointments from the agenda are removed.
6.8 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 (1) Credit will be charged.
Article 7 – Credit
7.1 Each bundle of Credits specifies how often the Classes can be attended during the Term. Classes not enjoyed during the Term automatically expire.
Article 8 – Termination of Participant Agreement
8.1 The Participant can terminate the Participant Agreement with a notice period of one (1) month in writing. After receiving the written termination from the Participant, Rocycle will send a confirmation to the Participant within fourteen (14) days. If the Participant has not received this confirmation in a timely manner, the Participant must immediately contact Rocycle, failing which Rocycle assumes that the written termination has not taken place or has not taken place in a timely manner.
8.2 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.
8.3 Rocycle has the right to terminate the Participant Agreement with immediate effect if:
The Participant, in Rocycle's opinion, engages in unacceptable behavior;
The Participant systematically violates Rocycle'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 Rocycle.
Article 9 – Risk and Liability
9.1 The use of the facilities in a Rocycle Studio 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 Rocycle is entirely at the Participant's own risk.
9.2 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.
9.3 Both Rocycle 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.
9.4 Rocycle and its employees accept no liability for damage, loss, or theft of the Participant's and/or third parties' property.
9.5 The Participant is liable for damage caused to Rocycle's property if this damage is the result of the Participant's negligence and/or fault.
9.6 The exclusions and limitations of liability as mentioned in this article are also stipulated for the benefit of Rocycle's subordinates and any other person whose assistance Rocycle uses in the execution of the Participant Agreement.
Article 11 – Complaints
11.1 A Participant must report a complaint regarding any performance of Rocycle as soon as possible after discovering the defect or damage, and no later than fourteen (14) days after the Participant has discovered the defects or damage. The complaint is submitted in writing to Rocycle, Nieuwe Passeerdersstraat 12, 1016 XP Amsterdam, or via email@example.com, stating the location and a description of the complaint.
11.2 The complaint must be complete, clearly described, and accompanied by any evidence.
11.3 Rocycle will respond to the complaint submitted by the Participant as soon as possible, but no later than two (2) weeks from the date of receipt. If Rocycle expects to need more time for processing the complaint, it will notify the Participant immediately by email upon detection.
11.4 If the complaint cannot be resolved through mutual consultation, a dispute arises as referred to in Article 13, section 4 of these Participant Conditions.
Article 12 – Website
12.1 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.
12.2 Although Rocycle exercises the utmost care in the composition and maintenance of its website, Rocycle 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 Rocycle acts with intent or gross negligence equivalent thereto.
12.3 The websites of third parties to which hyperlinks are included on the Website are not controlled, created, and/or maintained by Rocycle. Rocycle therefore accepts no liability for the content of these linked websites.
12.4 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 Rocycle.
Article 13 – Applicable Law and Competent Court
13.1 These Participant Conditions are effective as of March 1, 2016.
13.2 Deviations from these Participant Conditions can only be made if confirmed in writing by Rocycle.
13.3 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. Rocycle 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.
13.4 Every legal relationship with Rocycle is governed by Dutch law. All disputes between the Participant and Rocycle arising out of or in connection with the Agreement will be exclusively settled by the competent court in the district of Amsterdam.