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Terms and Conditions

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1. General statement

a) These Terms & Conditions apply to all offers, quotations and agreements between Geboren Zwemmers and the client, whether or not they are the parents of a child.

b) Deviations from these Terms & Conditions are only possible if Geboren Zwemmers accepts these changes explicitly and unambiguously.

c) Earlier versions of these Terms & Conditions are substituted by this version.

2. Enrollment

a) Any child aged 2 months and older can be enrolled.

b) During registration, you are required to indicate whether your child has notable features (for example, but not exclusively ASD, PDD-NOS, Down Syndrome), physical limitations or health risks.

c) If, at a later time, it is established that your child does fall under one of the under 2b mentioned denominators, Geboren Zwemmers can proceed to apply a customized teaching program. In that case, Geboren Zwemmers can change the required number of lessons if necessary.

d) The registration is definitive when payment is received by Geboren Zwemmers.

e) When a new client has been submitted by you and this person states your name at registration, you will receive one free swimming lesson as a reward.

3. Activities

a) Giving swimming lessons to children with the aim of obtaining a swimming diploma that complies with the National Standard for Swimming Safety (‘Nationale Norm Zwemveiligheid’), which in terms of skills minimally equals a Diploma C. Geboren Zwemmers provides the diploma.

b) Providing children with swimming lessons for the purpose of self-reliance in water.

c) Stimulating and carrying out water-related activities for children aged two months and up.

d) If desired, a refresher course can be scheduled. This lesson is given under the same circumstances and at the same cost as a single private lesson.

4. Timetable

a) The courses are planned by mutual agreement.

b) No swimming classes are offered during officially recognized public holidays.

c) Cancellation is free of charge within 8 hours prior to the start of the swimming lesson, after which the relevant swimming lesson can be followed at a later time. But in all other cases, the child’s parents cannot claim a swimming lesson for which Geboren Zwemmers has not received a cancellation.

d) For every two timely canceled swimming lessons per quarter of a year, you get one make-up lesson. However, the swim-float-swim program is excluded from this rule.

e) No right scan be derived from planned swimming lessons, Geboren Zwemmers reserves the right to reschedule in coordination with the client.

5. Swimming locations and safety

a) Swimming lessons take place in approved swimming pools that meet all government requirements.

b) The student’s parents can also choose for swimming lessons at private locations. In that case, additional travel costs are calculated. Geboren Zwemmers is not responsible for the technical requirements and the safety of the private location where the private lesson will take place.

c) Swim class exams take place in an approved swimming pool, which meets all government requirements.

d) During swimming lessons, children are obliged to wear Geboren Zwemmers’ swim diapers, to prevent them from relieving themselves in the pool and to preserve maximum freedom of movement and to ensure the safety of our participants. To clarify, this applies to ALL children. The washable swim diaper is available for €12,50.

e) The obligatory use of the Geboren Zwemmers’ swim diaper can be cancelled if the child is toilet trained or if your child uses another swim diaper that has been approved by Geboren Zwemmers.

f) Paper swim diapers will not be accepted during swimming courses and lessons due to safety and environmental reasons. Washable swim diapers can be purchased from Geboren Zwemmers.

g) The parent/ guardian or other supervisor of the child must adhere to the user code and code of conduct applicable to the swimming location and is required to follow all reasonable instructions provided by Geboren Zwemmers. Failure to observe the code of conduct and instructions may result in immediate termination of the swimming lesson.

6. Pricing and payment

a) The course fee must be paid in full prior to the course, stating the invoice number.

b) In any case, payment must be done to Geboren Zwemmers´ bank account within 7 days prior to the start of the course.

c) For all other swimming lessons, advance payments must be done monthly or quarterly, based on the actual number of swimming lessons in that period.

d) When payments have not been made within this timeframe, Geboren Zwemmers will send a payment reminder. After that, Geboren Zwemmers will send a payment request using Tikkie. Moreover, the child is excluded from participation as long as the payment has not been made.

e) If the parent of the child decides to continue the course at a different time than initially agreed upon, an additional payment of EUR 150,- will apply for a new start.

7. Course duration, cancellation and refunds

a) The duration of the course is determined with the child’s parents during intake.

b) No refund of course fees is possible in the event of early termination or any other reason. But if a class is canceled by Geboren Zwemmers, Geboren Zwemmers will provide an alternative to the swimming lesson.

8. Liability

a) If, due to force majeure (for example illness, fire or damage to buildings), classes cannot be taught at (one of) the teaching locations, Geboren Zwemmers does not accept liability for the consequences of cancelled courses.

b) In the event of an attributable shortcoming in the fulfillment of the agreement by Geboren Zwemmers, the compensation will not exceed the insured amount.

c) Geboren Zwemmers does not bear any liability for any other form of damage.

9. Intellectual property rights

a) During lessons, only Geboren Zwemmers can take photos and videos, which can be used by Geboren Zwemmers for promotional and commercial purposes.

b) If you wish not to be recorded, you must indicate this in advance to Geboren Zwemmers.

c) It is not allowed to take photos and videos without the explicit permission of Geboren Zwemmers.

10. Protection of personal data

a) With due observance of the General Data Protection Regulation (‘Algemene Verordening Gegevensbescherming’) and related privacy rules, Geboren Zwemmers will take technical and organizational measures to protect personal data. For example, we collect personal data related to the health of the child for the sole purpose of protecting the child’s health and to take related measures.

b) Personal data will only be used by Geboren Zwemmers for the purposes for which they were collected. This means data will not be provided to third parties without a legal provision or permission from the client.

11. Final provisions

a) Dutch law applies to all agreements, quotations and offers.

b) All disputes between Geboren Zwemmers and the client will be submitted to the jurisdiction of the district of Nijmegen.

c) These Terms & Conditions were last amended in March 2020.

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