General conditions
General conditions Terms and conditions
Last updated 9th July 2022
Article 1. General
1.1Terms and conditions when visiting Fit & Trained, personal training session, packages and services offered by Fit & Trained, with registered office in Liège, Belgium.
1.2The General Terms and Conditions are always freely available on our website.
1.3If it is found that a provision of the General Terms and Conditions, the Service policy, the Private policy or the Cookies are fully or partially invalid, null and void or not enforceable, this does not have any consequences for the other clauses and provisions.
1.4If Fit & Trained does not call on a provision in the General Terms and Conditions, the Service policy, the Private policy or the Cookies it cannot be interpreted as a waiver thereof in the future.
1.5Fit & Trained reserves the right to change the internal rules without prior notification.
Article 2. Reservations for a personal training session
2.1Reservation: A reservation for a personal training session is only valid after making the appointment by phone or through the website, after receiving a confirmation e-mail from Fit & Trained and after registering a payment. The reservation of a personal training is only finally confirmed when a payment has been registered. This payment is the total amount of the personal training session cost. This amount must be paid via online banking or bank transfer.
2.2Cancellation of a personal training session is only possible by phone or e-mail. In case of cancellation, the personal training session will not be refunded but, subject to the following exceptions, will be transferred to a later date within the current year after the date of purchase.
2.3In case of cancellation of a personal training session less than 24 hours prior to the personal training session, the client is obliged to pay the full amount of the personal training session cost. The reserved personal training session can under no circumstances be rebooked to a later date.
2.4In case of late arrival at the appointment, the full rate of the personal training session will be charged, but only the remaining time of the appointment will be used.
2.5A gift voucher from Fit & Trained is valid for two years from the date of issue and is not refundable under any circumstances. Gift vouchers are issued in name only and cannot be transferred to any third party without the written agreement of Fit & Trained.
2.6Mandatory notification: when making a reservation, the client is required to communicate any illnesses or inconveniences.
Article 3. Personal data/Privacy
3.1The processing of data falls under the application of the Law of 8 December 1992 for the protection of privacy with respect to the processing of personal data. The following parties must be considered as processor of data pursuant to the aforementioned act: Fit & Trained.
3.2By accepting these General Terms and Conditions and the Private policy, you expressly gives Fit & Trained permission to process your personal information for the execution of the rights and obligations in an adequate, relevant, and limited manner to what is necessary for the purposes for which it is collected.
3.3By accepting these General Terms and Conditions and the Private policy, you expressly gives Fit & Trained permission to process your information in an internal databank, to be able to perform market research, to inform you about new products, services and information – and to run promotional campaigns by Fit & Trained.
3.4You have the right, at all times, to gain insight into your personal information held by Fit & Trained, and have the right to change this free of charge. You have the right to refuse – free of charge – that your details are processed for marketing purposes. To exercise your right, please refer you to the Article 7 of the Private policy.
3.5Fit & Trained cannot be held responsible for any faults or errors included in yours personal details.
3.6A testimonial left on the website becomes the exclusive property of Fit & Trained as soon as it is submitted. Fit & Trained reserves all rights as to the processing and termination thereof.
Article 4. Prices
4.1Fit & Trained has the right to change the personal training sessions rates or the packages rates at any time. Personal training sessions rate or the packages rates changes come into effect on the specified date and can be consulted via the website.
4.2Travel is included in the price of a personal training session within a 15km radius. A supplement of 0,35€/km will be charged beyond that.
Article 5. Paiement
5.1Payments must be made to the bank account indicated on the invoice.
5.2Unless otherwise agreed in writing, invoices are payable within 8 days of receipt by the contractor.
5.3Each invoice will be considered as accepted within 8 days of its dispatch, in the absence of a written objection by registered letter.
5.4Advance payments will be retained by Fit & Trained as damages.
5.5Any delay in payment or partial payment shall automatically and without notice of default entail interest on arrears based on the legal interest rate applicable to commercial transactions. It is furthermore expressly provided that unpaid amounts shall be increased by right and without prior notice by a fixed penalty clause of 10% of the sums due, with a minimum of €50 as compensation.
5.6In case of non-payment on the due date, Fit & Trained reserves the right to consider the contract as automatically terminated without prior notice, without prejudice to its right to obtain the application of the fixed penalty clause mentioned above.
5.7Any amount due and not disputed by Fit & Trained, which is not reimbursed within two months of its written request, will give the right to an indemnity of 10% with a minimum of 50 € of the said sum.
Article 6. Complaints
6.1Any complaints must be reported to Fit & Trained in writing or via email within 48 hours. After the expiration of the aforementioned term, the services of Fit & Trained is deemed to be in accordance to the promises Fit & Trained made to its clients and that was expected by the client.
Article 7. Force Majeure
7.1Fit & Trained cannot be held responsible for non-compliance with its liabilities if this shortcoming was caused by abnormal or unforeseen circumstances that was beyond the control of Fit & Trained and of which the consequences could not have been avoided, regardless of the fact that all possible precautionary measures have been taken.
Article 8. Liability
8.1Fit & Trained cannot be held responsible for the theft and/or damages to personal property belonging to the client.
8.2Fit & Trained cannot be held responsible for physical damage caused by third parties while the client is enjoying the personal training services offered by Fit & Trained.
Article 9. Applicable law and authorised courts
9.1The General Terms and Conditions, the Service policy, the Private policy and the Cookies are governed by Belgian law. In case of disputes, the court in Liège will have jurisdiction.