GENERAL TERMS AND CONDITIONS FOR MEMBERS AND HOLDERS OF A WWC
WAER WATERS - GENERAL TERMS AND CONDITIONS FOR MEMBERS AND HOLDERS OF A WWC
Article 1. GENERAL
1.1 These general terms and conditions (hereinafter referred to as "General Terms and Conditions") apply to all subscriptions and holders of a WWC, proposed by BV ADVANCE, known under the commercial name "Waer Waters", with registered office at Groot-Bijgaarden, Rodenberg 21, and registered under the number 0890.943.218 (hereinafter referred to as "Waer Waters"),
1.2 By ticking "I accept the General Terms and Conditions" when making a reservation on the Waer waters website, the member or holder of a WWC explicitly declares to have read the applicable General Terms and Conditions, and to accept them irrevocably and for the future.
1.3 Waer waters reserves the right to amend the General Terms and Conditions at any time and on its own initiative. Changes to our General Terms and Conditions shall enter into force from the first day of the following month.
1.4 These General Terms & Conditions are available on our website (www.waerwaters.com). A copy of our General Terms & Conditions is also available on request from a member of our reception staff
1.5 If any clause in these General Terms & Conditions is held to be illegal, invalid or unenforceable in whole or in part, this shall not affect the other clauses and provisions of these General Terms & Conditions. In such case, the parties undertake to propose and accept, as soon as possible, a new clause corresponding as closely as possible with the void clause.
1.6 Failure by Waer Waters to insist upon strict performance of any provision of these General Terms and Conditions shall not be deemed a waiver of any right of Waer Waters to insist upon strict performance of that provision in the future.
1.7 By accepting these General Terms and Conditions, the Member or Holder of a WWC agrees to respect the Waer Waters house rules. The house rules are available at the reception of Waer Waters, in the various facilities and on our website (www.waerwaters.com )
Failure to comply with the House Rules gives Waer Waters the right to deny the Member access or terminate his/her subscription, without Waer Waters having to pay any compensation or refund, and subject to Waer Waters' right to claim damages if necessary. Waer Waters has the right to amend the House Rules without prior notice.
Article 2. DEFINITIONS
2.1 “Member” or “Members”: natural or legal persons who have a subscription with Waer Waters.
2.2 Holder of a WWC (Waer Waters Card): natural or legal persons who are holders of a Waer Waters card at Waer Waters.
2.3 “Subscription or subscriptions”: the packages proposed by Waer Waters : Sport-Luxe-Infinite
2.4 “House rules”: the rules of conduct that the member must respect when using the Waer Waters facilities.
2.5 “Waer Waters card”: a method of payment that can only be used at the Waer Waters facilities.
Article 3. START - DURATION – EXTENSION OF SUBSCRIPTION
3.1 The Subscription has a duration of 3 months, after which time it is tacitly renewed. Payments are made monthly (+/- 5th day of the month) via a SEPA direct debit. The amount transferred depends on the subscription chosen by the Member.
After this three-month period, the subscription can be cancelled every month, by registered letter or email to firstname.lastname@example.org. In such case, the subscription will terminate at the end of the ongoing month.
3.2 Unless otherwise agreed between Waer Waters and the Member, the Subscription will start the first day of the following month.
3.3 If the Member wishes to use the Waer Waters facilities immediately upon subscribing, an additional fee will be charged proportional to the number of days prior to the start date of the Subscription. This additional fee must be paid immediately at the conclusion of the Subscription.
3.4 A written notification to cancel the subscription must be sent to Waer Waters at least 10 days prior to expiry of the subscription that the Member has concluded for a term of 3 months. In the absence of a written notification to cancel the subscription, the subscription will automatically (tacitly) be extended by periods of 1 month each time.
Article 4. SUBSCRIPTION FEATURES
4.1 Upon subscribing the Member will receive a blue wristband. This wristband remains property of Waer Waters and must be returned to Waer Waters at the end of the period of use. If the wristband is not returned, a fee of 10.00 euros will have to be paid.
4.2 Each Subscription is strictly personal and can only be transferred to another person with the approval of Waer Waters, taking into account the provisions of Article 6.2 of these General Terms and Conditions.
4.3 Waer Waters shall not be liable for loss, theft or misuse of the Waer Waters wristband/membership card. If the wristband is lost or not returned after the period of use, an administrative fee of €10.00 will be charged.
4.4 Waer Waters has the right to request its Members to present their wristband and identity card at any time. If the Member is unable to adequately prove membership, Waer Waters has the right to deny the member access to the Waer Waters facilities.
4.5 Discounts and benefits resulting from the Subscription cannot be combined with other promotions, discounts and benefits.
4.6 Waer Waters reserves the right to cancel the subscription, including the use of the Waer Waters wristband, in the event of non-payment for services, or food and drinks consumed. This does not relieve the Member of his/her obligation to return the wristband.
Article 5. CANCELLING THE SUBSCRIPTION
5.1 If a Member does not want to accept a change in the General Terms and Conditions, he/she has the right to cancel his/her Subscription as from the first day of the month in which the amended General Terms and Conditions enter into force. If the Member does not cancel the subscription, the Member explicitly agrees with the changes.
5.2 The Member has the right to cancel the Subscription at any time, taking into account a one-month notice period. The notice period starts from the first day of the month following the written notification of termination.
5.3 A subscription entered into for 3 months, with automatic renewal from the 3rd month onwards, can be cancelled free of charge each month after the first three months, and subject to a notice period of 1 month. The termination must be notified in writing to Waer Waters at least 10 days before the end of the ongoing month, and the notice period starts on the first day of the month following this written notification. If the subscription is not cancelled in writing at least 10 days before the end of the month, the notice period will only commence on the first day of the second month following the written notification.
5.4 Cancellation procedure: A subscription should always be cancelled in writing, either by registered letter to Waer Waters or by e-mail to email@example.com. Any other form of cancellation will be considered invalid.
5.5 Costs of cancellation:
Subscriptions via direct debit that have not yet been tacitly renewed: If the subscription is paid via SEPA direct debit, an administrative cost of 50% of the residual value of the 3-month subscription will be charged upon cancellation of the subscription. The amount remaining will be converted to credits made available to the customer on his/her WWC.
5.6 The Member has the right to cancel his subscription, regardless of whether it was concluded for a limited or an indefinite period, without notice period or without having to pay a compensation, in the event that Waer Waters makes changes to the terms of the subscription that are clearly to the detriment of the Member, in particular:
- when Waer Waters changes the opening hours to such an extent that it is impossible for the Member to continue his subscription;
- when Waer Waters unilaterally changes the essential terms of the subscription.
5.7 The Member also has the right to cancel his/her subscription, regardless of whether it was concluded for a limited or indefinite period, without notice period or without having to pay a compensation, in the event that the Member has suffered an injury which prevents him/her from exercising or using the wellness facilities for more than 6 months. The injury and the inability to exercise or make use of the wellness facilities must be substantiated by the Member with a detailed medical report. The cancellation will only take effect after submission of the detailed medical report, and any fees already paid relating to the period before submission of this report cannot be claimed back under any circumstances.
5.8 Waer Waters has the right to terminate the subscription, with immediate effect and without having to pay any form of compensation, if the Member fails to comply with his/her obligations associated with the subscription, or if he/she violates the house rules of Waer Waters.
5.9 Cancellation of a subscription by a Member, except for medical reasons (pursuant to Article 5.7), will entail the loss of the joining fee. The joining fee will be due again in the event of a new future registration.
5.10 If a Member wishes to take advantage of a promotional offer intended for new Members, he/she must not have cancelled or renewed his/her subscription at least 3 months prior to the promotional offer.
Article 6. TRANSFER - CHANGE SUBSCRIPTION
6.1 Each Member has the right, subject to the express and written approval of Waer Waters, to convert the subscription to a Waer Waters Card. If possible, the remaining balance of the subscription will be uploaded on The Waer Waters Card.
6.2 Each Member also has the right, subject to the express and written consent of Waer Waters, to transfer the subscription to a third person. The transfer of a subscription will only take effect on the first day of the month following the transfer. Transfer of the subscription by the Member does not entitle him/her to a refund of the joining fee. If full payment was made upon conclusion of the subscription, the remaining balance will be reimbursed within 30 days after the transfer. Transferring a subscription is subject to an administrative cost of EUR 100.00 payable by the Member.
6.3 It is not possible for the Member to downgrade his/her subscription (i.e. purchase a cheaper subscription) during the first 3 months of the contract. If the Member wishes to upgrade (i.e. purchase a more expensive subscription), the existing subscription will be terminated at the end of the month. The new subscription will start on the first day of the following month. Changing the formula of the new contract will only be possible after the first 3 months of the contract have elapsed.
Article 7. USE OF SERVICES – FACILITIES AT WAER WATERS
7.1 Reservation: Prior reservation is always required for nutritional advice (dietician), group lessons and personal coaching.
In case of absence - without prior cancellation - from a scheduled appointment (hereinafter referred to as "no-show"), the Member or Holder of a WWC undertakes to inform Waer Waters immediately. The Member or Holder of a WWC undertakes to be on time for the appointment, i.e. at least 10 minutes prior to the start time. A reservation is only valid after written confirmation by Waer Waters.
7.2 No-show and cancellation - personal coaching and nutritional advice: When booking one or more sessions, the fee must be paid immediately and in full at the start of the first session. In case of absence or late attendance, the session will be charged in full, but only the remaining time of the session will be used. Cancellations must be made in writing and are free of charge up to 24 hours before the start of the session. In case of cancellation within 24 hours before the start of the session, the Member or holder of a WWC will be charged the full fee of the session.
7.3 No-show - group lessons: In the event of three no-shows in the same month for group lessons, an administrative fee of EUR 12.00 will be charged to the Member or Holder of a Waer Waters Card. Waer Waters has the right to deduct the EUR 12.00 from the Waer Waters Card. Members will have to pay the EUR 12.00 as an entrance fee to the next group lesson they participate in. This administrative fee must be paid prior to participating in the next group lesson. In the absence of prior payment, Waer Waters has the right to deny the Member or Holder of a WWC admittance to the lesson.
7.4 Reservation: A reservation for a body treatment is only valid after making a reservation through our website, and after receiving a confirmation email from Waer Waters and payment of a deposit. The reservation of a treatment or package is only final when a deposit is paid. This deposit amounts to 100.00% of the total cost of the treatment. The deposit can come in the form of a gift voucher or prior online payment.
7.5 Cancellation: A reservation for a massage or treatment can be cancelled free of charge if this is done in writing (firstname.lastname@example.org) before 11.00 a.m. on the day prior to the scheduled treatment. In the event of late cancellation, i.e. after 11 a.m. on the day prior to the scheduled treatment, a cancellation fee will be charged. The cancellation fee amounts to 100% of the total treatment cost. Medical attestations and unforeseeable circumstances will not be taken into account in case of late cancellation. If you arrive late to your appointment, the full price of the treatment will still be charged, but you will only be given the time remaining in that appointment.
7.6 Mandatory notification: When making a reservation, the Member or Holder of a WWC is obliged to declare any allergies, illnesses or discomforts that could pose a health risk when participating in a session or using the Waer Waters facilities.
7.7 Cancellation by Waer Waters: If Waer Waters cancels a reservation, the Member or Holder of a WWC will receive a full refund of any amounts or fees already paid. However, the Member or Holder of a WWC shall not be entitled to any additional compensation or benefit due to Waer Waters instigating the cancellation.
7.8 The content of a package cannot be modified. Packages cannot be combined with other offers.
7.9 All reservations made by an intermediary (travel agencies, another sauna, beauty, catering establishments, etc.), whether or not in the name of the actual customer(s), are considered to have been under co-responsibility and liability of these intermediaries. These intermediaries shall be jointly and severally liable for the fulfilment of the obligations arising from the agreements concluded. Waer Waters shall not owe any compensation, commission or provision to intermediaries, no matter how they are named, unless this is expressly agreed otherwise in writing.
7.10 In the event of force majeure, Waer Waters' contractual obligations shall be suspended. If the period of force majeure lasts longer than 1 month, making it impossible for Waer Waters to carry out its contractual obligations, both Waer Waters and the Member or Holder of a WWC are authorized to terminate the agreement, without any obligation to pay compensation or any other form of indemnity.
7.11 Failure to comply with the House Rules will result in removal from Waer Waters, and this shall be after full payment and without refund or any other form of compensation.
Article 8. WAER WATERS CARD
8.1 The Waer Waters Card is a pre-charged card made available to the Member. The card remains the property of Waer Waters and must be returned to Waer Waters upon expiry of the period of use.
8.2 Waer Waters cannot be held responsible for loss, theft, or unlawful use of the Waer Waters Card. If the Waer Waters Card is lost and not returned after the period of use, an administrative fee of 10.00 EUR will be charged to cover the cost of loss or to provide the holder with a new Waer Waters Card.
8.3 A Waer Waters Card has a limited validity period of 1 year.
8.4 The first minimum amount pre-charged credit is EUR 300.00. The Waer Waters Card can be recharged at the Waer Waters reception. The amount on the Waer Waters Card is not refundable to the holder of a Waer Waters Card.
8.5 Upon leaving the Waer Waters facilities, the credits consumed are deducted from your Waer Waters Card.
8.6 In the event of insufficient balance when using the Waer Waters Card, the Holder of a Waer Waters Card will have to recharge the Card immediately or pay the amount due by another means of payment (debit card, credit card, cash, etc.)
8.7 Waer Waters retains the right to refuse the use of the Waer Waters Card in the event of insufficient balance.
8.8 The Holder of a Waer Waters Card can ask the reception at any time what amount is still left on his/her card. This amount is binding and cannot be contested.
8.9 The Holder of a Waer Waters Card may lend his/her card out to third parties at his/her own risk and responsibility.
8.10 Discounts and benefits associated with the Waer Waters Card cannot be combined with other promotions, discounts and benefits.
Per visit, a maximum of 4 persons can make use of the discount.
8.11 Temporary suspension of the use or validity period of the Waer Waters Card pursuant to Article 10 is not possible.
Article 9. DIRECT DEBIT - PAYMENT
9.1 Subscription fees are paid monthly via SEPA direct debit. The first month of the Subscription cannot be paid via direct debit and must be paid immediately at the time of signing up, together with the joining fee. In the event of refusal to pay the joining fee or the first month of the subscription, Waer Waters has the right to refuse the conclusion of the Subscription.
9.2 The direct debit payment date is the fifth day of each month. Waer Waters is the beneficiary of the payment.
9.3 If the SEPA direct debit is returned unpaid, for any reason, the amount due shall be payable immediately on the Member's next visit to Waer Waters. If the Member pays the amount due before the 25th of the month to which the amount applies, no additional costs will be charged.
9.4 Non-payment of the monthly SEPA direct debit to Waer Waters before the 25th of the month to which the payment applies, will automatically result in the definitive termination of the subscription and the loss of the subscription fee and the monthly fee.
9.5 In the event of non-payment by the Member of arrears, Waer Waters has the right to deny the Member access to the facilities until all arrears are paid in full.
9.6 In case of non-payment of arrears within thirty days of the due date, Waer Waters retains the right to take all (legal) measures necessary to collect these arrears. If arrears are to be collected, the Member shall, by law and without notice, be held to pay a default interest equal to 10.00%, and a flat rate compensation equal to 10.00%. If the Member is owed an amount by virtue of a credit note, and Waer Waters fails to pay within 30 days or offset this amount against any overdue invoices, the Member shall be entitled to the same interest and damages.
9.7 Waer Waters retains the right to suspend the subscription in the event of recurring non-payment of the direct debit.
Article 10. ILLNESS - INJURY - FREEZING
10.1 In the event of temporary illness or injury, the Member may, with the written consent of Waer Waters, suspend (freeze) his/her subscription for a minimum period of 1 month and a maximum period of 6 months.
After the period of suspension, the subscription must be active for at least 3 months before it can be suspended again for a new period. Suspending a subscription by virtue of a medical attestation is free of charge.
Suspension of the subscription is only possible upon presentation by the Member of a detailed medical attestation or similar medical certificate. The period of suspension will only start upon presentation of said detailed medical attestation.
Taking into account the provisions of article 5.7 of these General Terms and Conditions.
10.2 In the event of a temporary suspension of the subscription without medical attestation, an administrative cost of EUR 15.00 per month will be charged. Suspension without attestation is allowed for a minimum period of 1 month and a maximum period of 2 months. The request to suspend your subscription must be made in writing (email to email@example.com). After the period of suspension, the subscription must be active for at least 3 months before it can be suspended again for a new period.
10.3 During the temporary suspension, all rights and obligations associated with the subscription are suspended.
10.4 Retroactive suspension of the Subscription is not possible, and any joining or subscription fees already paid will not be refunded. The medical attestation justifying the suspension must be emailed to firstname.lastname@example.org. The period of suspension shall only commence after Waer Waters has received the attestation. A request for suspension must be submitted within 15 days of the date of the medical attestation. Failing this, the suspension is deemed to have ended on the expiry date of the previous attestation and a possible new suspension can commence on the date of submission of the new certificate.
10.5 Unless Waer Waters agrees otherwise, the subscription, with its associated rights and obligations, will be reactivated automatically when the period of suspension has elapsed. The duration of the Subscription, with its associated rights and obligations, will be extended by the time equal to the period of suspension.
10.6 In case of injury or illness lasting more than 6 months, the Member has the right to cancel the Subscription free of charge and with immediate effect by registered letter or email sent to email@example.com , on condition that Waer Waters was informed of the existence of said illness or permanent injury within eight days of its discovery by means of a detailed medical attestation or similar medical certificate.
10.7 If Waer Waters has doubts about the veracity of the Member's temporary or permanent illness/injury, Waer Waters retains the right to request additional supporting documents from the Member.
Waer Waters is committed to protecting your privacy. We therefore strive to process your personal data in a legal, fair and transparent manner.
Personal data processing is subject to European Regulation 2016/676 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to processing personal data and on the free movement of such data, as well as the law of 30 July 2018 on the protection of individuals with regard to processing personal data.
11.2 DATA WE COLLECT
Depending on which service you use, Waer Waters may process the following personal data from you:
- Address details;
- Email address;
- Camera images;
- Credit card details (this is only done during a hotel booking);
- Date of birth (on a voluntary basis);
- Telephone number (on a voluntary basis).
We process your personal data for various purposes. During each handling, we only process the personal data that is necessary to achieve the intended purpose.
11.3 THE WAY WE COLLECT DATA
Directly from you:
In view of the nature of the service, Waer Waters can only offer you services if certain personal data is shared with us. The personal data we collect always comes exclusively from you.
When you visit Waer Waters, we may ask for your ID card. Using automatic ID card scanning, we can collect only personal data for which no PIN or other authentication is required, i.e., your name and address details.
If you do not wish to have your identity card scanned during your visit, this is no problem for us. One of our employees can enter your personal data manually. However, our employee will verify the information that you provide (your identity) with that on the identity card.
When you send an email to us, we may keep those messages and ask for some of your personal data, which is necessary for the situation. This allows us to process your questions and respond to your requests.
During your visit to Waer Waters, some of your personal data will be linked to an RFID wristband. Upon arrival, you will receive an RFID wristband that allows you to choose and operate a locker, order food and drink in the facilities of Waer Waters, and to get access to the wellness or fitness area according to your wishes. The gates and turnstiles are equipped with an RFID reader. They check the wristband for validity before opening, and show us if you are in our wellness facilities, a restaurant or the fitness room.
Everything you use during your visit to Waer Waters is scanned onto your RFID wristband during your visit. When you leave Waer Waters, your RFID band will be scanned and your bill made up.
After your visit to Waer Waters, the RFID wristband is disconnected from your personal data so that it can be linked to a new visitor.
Via camera surveillance:
Camera surveillance is used at Waer Waters. Waer Waters does this to ensure the safety of its visitors.
Our camera surveillance is clearly indicated by visible stickers in and on the facilities.
In the event of an incident, the camera images may be made available to police and judicial authorities, within the legal framework, in order to support reporting of a criminal offence. The camera images will not be shared with third parties unless there is a legal or other type of obligation to do so.
11.4 SOCIAL NETWORKS
We may ask you whether we may share your personal data with social networks with the aim of displaying personalized ads from Waer Waters on the relevant social network. We will only share your personal data with these social networks if we obtain your written consent.
The social network buttons on our website are included so that you can share pages via social networks such as Instagram, Facebook and YouTube. If you click on these buttons, your personal data will be processed by the relevant social network. This privacy statement does not apply to processing of your personal data by these social networks. To learn more about how these social networks handle your personal data, please refer to the privacy policies of each of these social networks.
Your personal data will not be used for marketing purposes unless you expressly consent to it.
Sending out our newsletters, surveys or offers is therefore always based on your explicit consent. We will send you a maximum of 12 newsletters per year.
You can unsubscribe at any time by using the link in the newsletter or by sending an e-mail to firstname.lastname@example.org. We will then immediately delete your data from our newsletter mailing list..
11.6 THE GOALS OF THE DATA PROCESSING
Waer Waters processes your personal data for the following purposes:
- Customer records (reservation and payment handling);
- Providing our services to customers;
- Customer safety while they are on our domain (e.g., emergency services and evacuation)
11.7 THE LEGAL BASIS OF THE DATA PROCESSING
Waer Waters bases its actions in regard to processing your personal data on the following legal grounds:
Permission: When we ask for your permission to process your personal data and you give it to us. You may withdraw this permission at any time. This withdrawal shall apply only to the period after withdrawal and shall not affect the legality of any processing that took place up to the date of withdrawal.
Execution of an agreement: If processing your personal data by Waer Waters is necessary in order to perform our services.
Legal obligation: If processing your personal data is necessary to comply with a legal obligation that Waer Waters is subject to.
Legitimate interests: Processing is necessary for the protection of Waer Waters' legitimate interests.
11.8 SECURITY AND RETENTION PERIOD
Waer Waters takes appropriate technical and organizational measures to protect your personal data from unauthorized processing.
Personal data: Waer Waters does not retain personal data for longer than is necessary for the purpose for which it was provided. This means that Waer Waters does not retain your data for longer than is necessary to provide the service(s) concerned to you. The personal data will be automatically deleted from our system after a maximum period of 5 years of inactivity. The foregoing shall not apply if Waer Waters is required, on grounds of a legal obligation, to retain data for longer.
Camera images: Access to the camera images is only permitted for authorized persons. Camera images are stored for up to 30 days before they are automatically deleted unless an incident has occurred. In this case, the images will be deleted when they are no longer required in connection with the incident.
11.9 PROVIDING INFORMATION TO THIRD PARTIES
We do not pass on or sell your personal data to others, unless this is necessary for the provision of the service, required by law, or we have your written consent.
We always conclude a data processing agreement with organizations that process your personal data on behalf of Waer Waters, e.g., the company that makes our website. This ensures that they also treat your personal data in a secure and confidential manner.
11.10 YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA
You have the right to an understandable and transparent explanation of how we handle your personal data. In this connection, you have the following rights.
Right of inspection: You have the right to request, at any time, access to the personal data that we have available about you.
Right to correction: : You have the right to correct your personal data if it is incorrect or out of date and/or to have it restated if it is incomplete.
Right to object: You have the right to object to the fact that your personal data will be processed if that processing is based on a public collective interest or the legitimate interest of the processor of your personal data. In addition, you may also apply this right of objection if your personal data is processed for direct marketing purposes.
Right to restrict processing: You have the right to request a restriction on processing your personal data. By limiting the processing of your personal data, your personal data can still be retained, but its use is limited. If you have requested a processing restriction, the data processor may only store your data. This means that your data can no longer be used to perform other operations, and you will no longer be able to use Waer Waters services.
Right to be forgotten: You have the right to ask us to remove all personal data that we have in relation to you. When you submit a request to delete your personal data, we will remove any data that may be traceable to you, except for the data that we must or may retain under the law. In view of the nature of the service, Waer Waters can only offer you services if you agree to certain personal data about you being shared with us.
In order to exercise the above rights, the easiest way is to contact us by sending an e-mail with your request to email@example.com. This request must be accompanied by proof of identity, preferably by a copy of the identity card. You can conceal the photo on your ID card.
We also offer you the possibility to view, manage, correct or delete your personal data yourself by logging on to the portal on our website via the following link: https://waerwaters.xplanonline.com/portaal.
You have the right to submit a complaint about how we handle your personal data. If you do have a complaint, we would prefer to solve it together with you. For this, please contact us.
You also have the option to submit a complaint to the Belgian supervisory authority: Gegevensbeschermingsautoriteit (The Belgian Data Protection Authority), drukpersstraat 351, 1000 BRUSSELS, Belgium, firstname.lastname@example.org.
Article 12. MISCELLANEOUS
12.1 Waer Waters’ prices include VAT. Waer Waters has the right to change the prices at any time. Price changes take effect on the first day of the following month and are available on our website (www.waerwaters.com) or at our reception. The prices of our subscriptions are subject to yearly indexation.
12.2 Waer Waters has the right to discontinue subscriptions and to change the content and price of subscriptions. Price changes will take effect on the first day of the following month and are available on our website (www.waerwaters.com) or at our reception.
12.3 In order to ensure peace and quiet, entry to the wellness facilities can be denied if the maximum capacity has been reached.
12.4 In order to ensure carefree use and enjoyment of the facilities for all guests of Waer Waters, the use of the Waer Waters facilities by the Member or Holder of a WWC is limited to a maximum of 300 times.
12.5 Waer Waters has the right to close all or part of its facilities during school holidays and statutory public holidays. Waer Waters also has the right to change its opening hours temporarily or permanently. Closing days or changes in opening hours are always announced in advance at our reception or on our website.
12.6 Waer Waters has the right to reserve all or part of the facilities exclusively for organizers of events which are only accessible to guests of said events. If events with exclusive access are organized this will be communicated via our website or reception.
12.7 Waer Waters has the right to close all or part of its facilities to carry out repairs or maintenance work. In the event of unavailability of the Waer Waters facilities due to repairs or maintenance work, the Members or Holders of a WWC shall not be entitled to any financial compensation or benefit.
Article 13. FORCE MAJEUR
13.1 Waer Waters cannot be held liable for failure in performance, if this failure is due to abnormal and unforeseeable circumstances beyond Waer Waters' control, the consequences of which could not be avoided even if all due care has been exercised.
13.2 In the event of force majeure, Waer Waters shall suspend performance of its contractual obligations. If the period of force majeure lasts longer than 1 month, making it impossible for Waer Waters to meet its contractual obligations, both Waer Waters and the Member/Holder of a WWC are entitled to terminate the agreement immediately and free of charge, without the Member/Holder of a WWC having any rights to damages or any other type of compensation. If a reservation has already been paid in full or in part, or if the Waer Waters Card has been recharged, this amount will be refunded by Waer Waters within 30 days of termination of the agreement.
Article 14. LIABILITY
14.1 Members or Holders of a WWC use the Waer Waters facilities at their own risk. Waer Waters cannot be held liable for any accidents that occur on its premises when the Member or Holder of a WWC uses the facilities.
14.2 Waer Waters cannot be held liable for any damage or theft of personal property of Members or Holders of a WWC.
14.3 Waer Waters cannot be held liable for physical injuries inflicted by third parties or other Members on another Member or Holder of a WWC when using the Waer Waters facilities.
Article 15. APPLICABLE LAW AND COMPETENT COURT
These General Terms and Conditions are governed by Belgian law. For all disputes, only the Dutch-speaking courts and tribunals of the judicial district of Brussels and the Justice of the Peace Court of the district of Lennik shall be competent, as the main part of the services covered by this agreement is performed in Dilbeek.