General terms and conditions

The General Terms and Conditions Jims - LUXEMBOURG (hereinafter the General Terms and Conditions) define the rights and obligations between Jims and the Member. These Terms and Conditions apply to all forms of services provided by Jims, unless expressly stated otherwise. By joining Jims or using the services provided by Jims, the Member declares that he/she has read the General Terms and Conditions and accepts them.

The General Terms and Conditions are available at all times on the www.jims.lu website and in each Club.

Jims - namely :

• DO INVEST LUX SA, with company number 26471630, with registered office at L-1221 Luxembourg, Rue de Beggen 233/241
• Jims SA, with company number 0423.644.035, RPM Brussels, and registered office at 1500 Hal, Edingensesteenweg 196, Belgium
• Jims Expansion SA, with company number 0545.977.663, Brussels RPM, and registered office at 1500 Hal, Edingensesteenweg 196, Belgium.

Jims is part of the Colruyt Group.

Jims Customer Service can be reached by telephone on +32(0)9/396 11 81, by e-mail at support@jims.lu, via the contact form on the website and by post at Jims - Customer Service - Edingensesteenweg 196, 1500 Hal - Belgium.

• Member: Only natural persons aged 14 or over may become members of Jims and use its services.
  
• Club: one of Jims' establishments offering services to Members.
  
• Subscription: the contract entered into by the Member with Jims, including the applicable General Terms and Conditions. By becoming a Member, the Member can choose between several subscription formulas. The subscription formulas available are those indicated on the website and in the club at the time the contract is concluded or a previously concluded contract is modified.
  
• Fixed-term Subscription: A fixed-term Subscription is a Subscription for a fixed period, for example one day (day pass), one month, six months or twelve months.
  
• Open-ended Subscription : An open-ended Subscription is a Subscription for which the end date is provisionally unknown. This Subscription begins for
  • a minimum duration of 52 weeks (1 year) spread over 13 payment periods of 4 weeks and an indefinite subsequent duration. This is the Indefinite Subscription without Flex option.
  • or a minimum duration of 4 weeks and a subsequent indefinite duration. This is the Open-ended Subscription combined with a Flex option.
• Flex option : option that can be taken out in the case of an Open-ended Subscription, under which the Subscription can be cancelled at any time subject to a four-week notice period starting on the date of cancellation.4 weeks' notice starting on the first day of the following 4-week period after the one during which Jims is notified of the cancellation.
  
• Four week period : A period of four weeks during which the Subscription is valid.
  
• Four-week subscription fee : the compensation to be paid by the Member per four-week period. This indemnity varies according to the subscription formula chosen.
  
• Website: the www.jims.lu website or any other website linked to Jims domain names.
  
• Colruyt Group: all legal entities linked to SA Colruyt Group, with registered office at Edingensesteenweg 196, 1500 Hal, Belgium, VAT BE0400.378.485, in accordance with article 1:20 of the Companies and Associations Code.

By means of these General Terms and Conditions, Jims aims to provide the Member with all the essential information on the rights and obligations that apply in the context of its services.

Jims provides sport and fitness services in the Clubs, on certain external sites chosen by Jims and via the mobile application.

Persons aged at least 14 at the time of subscription may take out a Membership with Jims. Minors aged 14 or over may only take out a Membership in a Club (not online), and only if a parent or guardian is present and has given their explicit, unequivocal and written consent. From the age of 18, a Subscription can also be taken out on the Website. When registering, the Member chooses (i) the subscription formula and (ii) the duration of the Subscription (fixed-term or open-ended with or without the Flex option). The duration of the Subscription always begins on the day it is taken out, unless expressly stated otherwise.

Withdrawal from a Subscription taken out online: Members may, only if they have taken out the Subscription online, withdraw from the online purchase within 14 calendar days of the purchase and without specifying any reason, by sending an unequivocal statement by e-mail to support@jims.lu or by completing the standard withdrawal form available on the website. The withdrawal period begins on the day following the online conclusion of the Subscription. If the Member has not used Jims' services during the 14 calendar day cooling-off period, Jims will refund the amounts already paid by the Member to the same account number with which the online purchase was made (cf. article VI.51 §3 of the Code of Economic Law). If the Member has used the services of Jims during the cooling-off period of 14 calendar days and the performance of the service contract has already begun, Jims shall refund the amounts paid, less this pro rata part of the service already provided. If the Member has already benefited from full performance of the service during the cooling-off period, he or she may no longer invoke the right of withdrawal.

In order to use Jims' services, the Member must be in good health. A Member may not use the services of JIMS if this would be detrimental to his/her health, safety and/or physical condition. Nor may a Member use the services of JIMS if he or she is suffering from an injury, infection or contagious disease that could harm the health, safety and/or physical condition of others. Jims recommends that in case of doubt, the Member seek the advice of a physician.

From the start of the Membership, the Member has access to all the Clubs located in Luxembourg and Belgium, unless expressly indicated otherwise. Opening hours vary from one Club to another. They are prominently displayed near the Club entrance and are also available on the website and mobile application. Jims has the right to change the opening hours. The fact that a Member does not actually make use of the services offered by Jims during the term of his/her Membership does not entitle him/her to any reimbursement of the registration fee or the four-week subscription fee, except in cases where this is provided for by law or contract.

Access token: on presentation of a valid form of identification, the Member receives a unique and strictly personal access token to the Club after taking out a Subscription. The Member may choose between (1) a physical membership card or bracelet purchased by the Member in a Club or (2) a QR code in the Jims mobile application (free of charge). Only on presentation of a valid access token will a Member be granted access to the Clubs available to him or her and be able to use Jims' services. The access token is not transferable to third parties, cannot be lent to third parties and cannot be exchanged for money under any circumstances. The Member remains at all times responsible for the (abusive) use of the access token. If the Member allows its access token to be used by a third party, Jims will terminate the Member's Subscription with immediate effect, without being liable to pay any compensation. Jims has the right to carry out random checks in this respect. In the event of loss or defect of the access token in the form of a physical membership card, the Member must purchase another copy from a Club, for which the cost of a new copy will again be charged, or may opt for the (free) QR code option in the mobile application. In the event of loss, theft or misuse of the access token, all payment obligations in accordance with the General Terms and Conditions remain unaffected. In any event, the Member shall immediately inform Jims of the loss, defect, theft or misuse. The access token, in any form whatsoever, will be taken out of service as soon as and for as long as the payment obligation is not met. In this case, the Member will also be refused access to the Clubs, but the Subscription will continue to apply, with the resulting payment obligations and outstanding debts.

Some subscription packages allow you to take part in group lessons. Jims is entirely free to determine the offer and timetable of group lessons. They may vary throughout the year. Participation in a group lesson must be booked via the online channels provided for this purpose or in the Club. Jims has the right to modify the timetable and offer of group lessons. Members retain the option of cancelling their participation free of charge following a change. Schedule changes are visible on the website, in the Club and on the mobile application, so that the Member can always consult the correct schedule. The specific offer and timetable of the group lessons are not an essential condition of the Subscription for the Member. A change in this respect cannot therefore automatically lead to immediate termination of the Subscription. If a Member does not take part in a group lesson after having booked it, they must cancel their booking at least one hour before the start of the group lesson. If a Member fails to cancel or cancels late on two occasions, he/she will not be able to book any more group lessons for 7 calendar days, starting on the day following the second absence or late cancellation. If the Member is then absent again or cancels late twice, they will not be able to book any more group lessons for 14 calendar days. Each Member may have up to four active group lesson bookings.

The current prices of the different subscription formulas are always clearly and transparently indicated on the website and prominently displayed in the Clubs.

• Subscription fees - A one-off subscription fee is always payable in the case of an open-ended or fixed-term Subscription, unless expressly stated otherwise (for example, for promotional reasons). When a Member terminates a Subscription and then takes out a new Subscription, the registration fee is payable again.

For a fixed-term Subscription, the registration fee and the subscription fee are always paid in one instalment before the start of the Subscription period.

For an open-ended Subscription, the registration fee and the four-week subscription fee are always paid by direct debit every four weeks. By accepting the direct debit, the Member authorises (a) Jims to send instructions to the Member's payment service provider to debit the Member's account; (b) the payment service provider to debit the Member's account in accordance with Jims' instructions. The amount will be debited systematically per four-week period and no later than one week before the start of the next four-week period. In the case of an open-ended subscription without the Flex option, a four-week fee will be debited 13 times, resulting in a fee for a total of 52 weeks. In the case of an open-ended Subscription with Flex option, the fee will be debited until it is cancelled. The Member undertakes to have sufficient funds available at all times to ensure that the outstanding balance can be debited correctly each time. In the event of a refusal or failure to debit, a fee is automatically charged by the banking institution for any refusal or failure. These fees are added in full to the Member's outstanding debts. The amount of these charges may vary depending on the Member's banking institution.

It is always preferable to make payments electronically (the payment cards accepted are prominently displayed in the Club). Cash payments may be refused for temporary security reasons. Jims also has the right to refuse a ticket if its value is disproportionate to the amount to be paid.

If Jims does not receive payment on time or in full by the due date of the payment request, an initial reminder is automatically sent to the Member free of charge. After the reminder has been sent to the Member, the latter has 14 calendar days in which to pay at no extra cost. This period begins on the third working day after the reminder is sent. The reminder will be followed by a letter if the payment is still outstanding. The legal interest rate applicable to claims arising from contracts concluded between a professional and a consumer is set by Grand-Ducal regulation on the basis of the amended law of 18 April 2004 relating to payment periods and late payment interest (Chapter II). In the event of unpaid amounts, Jims will refuse the Member access to all Clubs until the unpaid amounts have been settled.

In the case of a fixed-term Subscription, it is not possible to downgrade to a lower subscription package during the term of the Subscription. However, it is possible to change to a higher subscription package (upgrade) for the remaining term. This change takes effect the day after the request is made.

In the case of an open-ended Subscription, it is possible to change to a higher subscription package (upgrade) at any time. This change takes effect at the beginning of the first four-week period following the one for which a direct debit has already taken place or has at least been initiated.

It is not possible to change to a lower subscription package (downgrade) as part of an Open Term Subscription during the minimum term of the Open Term Subscription concerned.

After the minimum term, a change of this type takes effect at the start of the first four-week period following the one for which a direct debit has already taken place or has at least been initiated. has already taken place or has at least been initiated, and only subject to the resumption of the initial minimum term of the Subscription during which the change was requested.

The impact of a change to a lower or higher Subscription package on the Subscription fee due is always examined on a pro rata basis.

Jims has the right to adapt the price of open-ended Subscriptions. The Member is informed in good time of any price change. Jims will allow a reasonable period of time before applying the price adjustment. The Member agrees that the notification may be made by e-mail, via the Jims mobile application or by means of a statement. The Member retains the right to terminate his Subscription, free of charge, following the price change. The Member shall inform Jims of its decision to terminate or modify its Subscription no later than one month after sending notification of the price adjustment. The Subscription is terminated in accordance with these General Terms and Conditions.

Except in the case of damage resulting from fraud, gross negligence or intent on the part of Jims, its employees or agents, Jims and/or its directors, shareholders, agents and representatives cannot be held liable for direct, indirect, material, immaterial, incidental or consequential damage of any nature whatsoever. Nor can Jims and/or its directors, shareholders, agents and representatives be held liable for damage to, loss or theft of property belonging to or in the possession of the Member, except in the event of gross negligence or wilful misconduct on the part of Jims, its employees or agents. Jims therefore recommends that you do not bring valuables to the Club or leave them in the lockers.

Without prejudice to the first paragraph of this provision and within the limits of mandatory law, use of Jims' services and participation in a programme, group course, parts of a course and/or activities of any kind whatsoever are entirely at the Member's own risk. Members are responsible for the sports choices they make and should seek advice, where appropriate, from a personal trainer, physiotherapist or doctor. The Member is fully liable for any form of damage, direct or indirect, that he or she has caused to Jims, its employees or agents.

A Member is entitled to suspension without cause only in the case of an open-ended Subscription, for 56 days per 52-week period. These days may not be used consecutively.

Each Subscription (both fixed-term and open-ended) may also be suspended for the duration of the period set out in a medical certificate issued by a doctor.riod set out in a medical certificate issued by a doctor stating that the Member may not engage in exercise or sport for at least one month. The Member must send the certificate no later than 7 calendar days after the start date of the suspension period. However, the doctor's medical certificate may not relate to a period ending in the past.

Suspension of a Subscription is requested by the Member by e-mail to support@jims.lu, via the mobile application or in the Club where the Member has registered or in the Club that the Member entered when registering online.

During the suspension period, the Member does not have to pay any membership fees. During this period, the Member may not use the services provided by Jims and will therefore not have access to the Club. During the suspension period, the access token may not be transferred or lent to third parties. If the Subscription is suspended, the duration of the Subscription is extended by the duration of the suspension. Suspension is not possible if the Member has outstanding debts to Jims.

Except in one of the cases justifying immediate termination of the Subscription (see below) or unless the Member has opted for the Flex option, the Member may not terminate the open-ended Subscription (choice of 52 weeks) during the first 52 weeks. At the end of the 52 weeks, the Subscription will continue automatically, unless the Member objects at least 4 weeks before the end of the first 52 weeks of the Subscription, by registered lettere to Customer Services, by e-mail to support@jims.lu or via the mobile application, after which the Member will receive confirmation of termination by e-mail as proof of termination. From week 53, the Member may cancel the Subscription at any time, subject to giving 4 weeks' notice.

If the Flex option has been chosen, the Indefinite Subscription may be terminated at any time, subject to four weeks' notice.

The notice period always takes effect on the first day of the four-week period following notification of termination. Consequently, the Subscription ends on the last day of the four-week period following the date of termination.

The Subscription (both fixed-term and open-ended) may be terminated early, without notice or compensation, in any of the following cases:

1. when Jims permanently modifies the opening hours in a way that makes it impossible for the Member to continue the Subscription, which must be proven by the Member;
2. when Jims unilaterally and of its own accord modifies the essential conditions of the Subscription, and when the modifications are manifestly to the disadvantage of the Member;
3. when it is definitively impossible for a Member to continue practising a sport or exercise for the duration of the Subscription due to injury. This case of force majeure must be confirmed by a doctor's medical certificate;
4. when the Member has to move abroad for professional reasons, which must be proven by a certificate from the employer or principal;
5. when the Member moves house and no Club is located within a 20-kilometre radius of his or her home. The Member provides proof of his or her main residence by means of a certificate issued by the local authority.
6. when the Club where the Member usually uses Jims Services moves or closes and no other Club is located within a radius of 20 kilometres of the former address of the closed Club.

The Member may only cancel his or her Subscription by registered letter to Customer Services, by e-mail to support@jims.lu or via the mobile application. The Subscription is always cancelled directly by the Member with Jims and never via a third party.

Jims may immediately terminate a Membership in the event of a serious or repeated breach of the General Terms and Conditions, the internal rules or any other unacceptable behaviour. In any event, Jims has the right to terminate the Membership with immediate effect in the event of late payment of at least two four-week Membership Fees, without cancellation of any payment obligation. Jims will inform the Member by e-mail or registered post. Where applicable, unpaid subscriptions are payable without formal notice and by operation of law. Where Jims terminates a Subscription on its own initiative and the Member concerned wishes to take out a new Subscription after some time, Jims will apply objective and non-discriminatory criteria to assess whether or not to accept the new Subscription request.

Jims undertakes to comply with the Belgian "Fitness Industry Code of Conduct", also in Luxembourg Clubs. This Code of Conduct is available on the SPF Économie website ( www.economie.fgov.be/sites/default/files/Files/Ventes/Code-de-conduite-fitness.pdf) as well as in the Clubs, at reception, on request.

Before joining a Club or using the services of Jims, the Member declares that he/she is aware of the following internal rules and undertakes to observe and respect them at all times:

1. Members shall use Jims' services wearing appropriate sportswear, including sports shoes.
2. The use of a towel is compulsory during training sessions on the sites operated by Jims.
3. Respect other members and Jims staff, as well as the equipment.
4. Sports equipment and accessories (moving parts) must be cleaned immediately after use using the products provided for this purpose.
5. Moving parts (weights, dumbbells, etc.) must be replaced immediately after use.
6. In the case of lockers with padlocks, the padlocks must be removed when leaving the Club. If this is not the case, Jims will remove the padlocks at the end of the day and dispose of the contents of the locker as lost property, without any complaint from the Member or right to compensation. Padlocks may be purchased at the counter or from staff. If lockers with a code have not been released by the end of the day, Jims will also open them in the same way as lockers with a padlock. Members are personally responsible for what they leave in the lockers.
7. The use of mobile phones is permitted in the Clubs. However, Jims asks Members to leave their mobile phones free during their breaks or when they are not training. Photographs and videos may be taken provided that other Members or Jims staff present have given their consent.
8. It is forbidden to carry or use tobacco, drugs or illegal substances.
9. Coaching or Personal Training of other members within or on Club sites is not permitted. Personal training is subject to strict regulations. To be able to carry out this type of activity, the following conditions must be met: (1) You must hold a recognised qualification that meets all Jims' requirements to be able to coach members in a safe environment; (2) You must have an agreement signed between Jims and the Personal Trainer, (3) as well as the agreement of the Club Manager.

Jims asks the Member to always contact Customer Service first in the event of a question or complaint. Jims endeavours to settle disputes amicably wherever possible. If it is not possible to find an amicable solution, the Member may submit the dispute to the Consumer Mediation Service (www.mediationconsommateur.be). Failing an out-of-court settlement, the dispute will be referred to the competent courts in Belgium and to Belgian law.

If any provision of the General Terms and Conditions is found to be invalid, unenforceable or illegal, the other provisions will continue to have full effect. The gap left in the General Terms and Conditions by the void, invalid, non-binding or illegal provision will be filled, in accordance with the applicable legislation, by the application of a valid provision that comes as close as possible to the original economic purpose of the General Terms and Conditions. The fact that Jims fails to assert the strict application of one or more provisions of these Terms and Conditions shall in no way imply a tacit waiver of its rights and shall not prevent it from asserting them at a later date.

Jims may modify its Terms and Conditions at any time.

For Members with a fixed-term Subscription, the General Terms and Conditions, as notified to the Member and accepted by him/her at the latest at the time of subscription, remain applicable.

For Members with an open-ended Subscription whose minimum term has already expired, the amended conditions will apply on the effective date indicated after Jims notifies the Member of the content of the amended conditions.

For open-ended Memberships whose minimum term has not yet expired, the amended terms and conditions will also apply on the date of entry into force indicated and after notification to the Member of the amended content of the Terms, but never before the expiry of the minimum term.

Jims will allow a reasonable period of time between notification of the amended Terms and their application so that the Member has the opportunity to terminate his or her Subscription without charge if he or she does not accept the amended Terms.

The Member shall notify Jims of this decision to terminate at the latest before the date on which the amended Terms come into force. Any use by the Member of the services provided by Jims, such as participation in a group course, use of the access token in a Club, etc., after the notification and the date of entry into force of the new Conditions also confirms that the Member did not wish to notify Jims of termination of the Subscription.

Any change to the Terms is always notified to the Member by e-mail (if available) as well as on the website, via the mobile application and in the Clubs.

The services described in these Terms and Conditions require the collection and processing of certain personal data concerning the Member. The protection of the Member's personal data is extremely important to Jims. Jims therefore endeavours to protect this data to the best of its ability and, where such data is used, to always guarantee the Member's rights in accordance with the applicable rules on privacy and the protection of personal data. Jims processes the Member's personal data for the purposes and on the basis of the legal grounds as described in the Privacy Statement. The Privacy Statement can be consulted online on the website or a copy can be obtained by contacting Customer Service. It may be amended from time to time. The Member undertakes to inform Jims in good time of any changes to his usual data: e-mail, identification and address, in order to enable Jims to provide a correct service.

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