General terms and conditions

The General Terms and Conditions of Jims - LUXEMBOURG (hereinafter referred to as the General Terms and Conditions) define the rights and obligations of Jims and the Member. These General Terms and Conditions apply to all types of services provided by Jims, unless expressly stated otherwise. By becoming a member of Jims or using the services provided by Jims, the Member declares that they have read and accept the General Terms and Conditions.

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, company number 26471630, with its registered office at L-1221 Luxembourg, Rue de Beggen 233/241
• Jims SA, company number 0423.644.035,Brussels Register of Legal Entities, with its registered office at 1500 Halle, Edingensesteenweg 196, Belgium.
• JIMS Expansion SA, company number 0545.977.663,Brussels Register of Legal Entities, with its registered office at 1500 Halle, 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 or by post addressed to Jims - Customer Services - Edingensesteenweg 196, 1500 Halle- 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.

Membership: the contract concluded between the Member and Jims, including the applicable General Terms and Conditions. When registering, the Member can choose between several membership packages. The membership packages available are those shown on the website and in the club when the contract is concluded or when a previously concluded contract is modified.

Fixed-Term Membership: a Fixed-Term Membership is a Membership for a fixed period of time, for example one day (day pass), one month, three months, six months, twelve months or 52 weeks (extension + 52 weeks). 

Open-Ended Membership: an Open-Ended Membership is a Membership with a provisionally unknown end date. This membership is initially for 

• a minimum term of 52 weeks (1 year) divided into 13 payment periods of 4 weeks each and open-ended thereafter. This is the Open-Ended Membership without the Flex option.
• or a minimum term of 4 weeks and open-ended thereafter. This is the Open-Ended Membership combined with the Flex option.

Flex option: option that may be taken out in the case of an Open-Ended Membership, under which the Membership may be terminated at any time subject to a 4-week notice period starting on the first day of the 4-week period following that during which notification of the termination was sent to Jims.

Four-week period: a period of four weeks during which the Membership is valid.

Four-weekly fee: the payment to be made by the Member for each four-week period. This payment varies depending on the membership package chosen.

Bonus period: when registering, a Member may be entitled to a bonus period further to a promotional offer. This is a period added to the term of the Membership, in accordance with the conditions laid down in the offer. Examples: four weeks of free sport for registration before a specific date; or four weeks of free sport for bringing in a new Member as part of a "Member Get Member" offer. 

Website: the website www.jims.lu or any other website linked to Jims domain names.

Colruyt Group: all legal entities linked to SA Colruyt Group, with its registered office at Edingensesteenweg 196, 1500 Halle, Belgium, VAT number: 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, at certain external sites chosen by Jims and via the mobile application.

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

Withdrawal from a Membership taken out online: if, and only if, Membership is taken out online, the Member may withdraw from the online purchase within 14 calendar days of the purchase, without specifying any reason, by making an unequivocal statement by e-mail to support@jims.lu or by completing the standard withdrawal form which is available on the website. The withdrawal period begins on the day following online conclusion of the Membership. If the Member has not used the services of Jims during the 14-calendar-day cooling-off period, Jims will refund the amounts already paid by the Member to the same account number from 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 14-calendar-day cooling-off period and the performance of the service contract has already begun, Jims will reimburse the amounts paid, minus the pro-rata portion for the service already provided. If the Member has already benefited from the full performance of the service during the cooling-off period, they may no longer invoke the right of withdrawal.

Members must be in good health in order to use Jims' services. A Member may not use JIMS services if this would be detrimental to their health, safety and/or physical condition. In addition, a Member may not use JIMS services if they are suffering from an injury, infection or contagious disease that poses a risk of harming the health, safety and/or physical condition of others. Jims recommends that Members seek medical advice when in doubt.

Bonus period: a Membership may start with the bonus period where the terms stipulate that the bonus period is added before the start of the agreed term. A Membership may also be extended by the bonus period where the conditions stipulate that the bonus period is added at the end of the agreed term. The bonus period does not give rise to any rights other than those set out in the terms and conditions of the promotional offer. This means that the bonus period cannot, under any circumstances, increase or extend the number of days of suspension or the notice periods indicated in these General Terms and Conditions.

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 Club to Club. They are prominently displayed near the entrance of the Club and are also available on the website and the mobile application. Jims is entitled to change the opening hours temporarily (for example, in the event of renovation work) or permanently. A period of temporary closure does not give rise to the right to compensation or a refund.

If a Member does not actually use the services offered by Jims during the term of their Membership, this does not entitle the Member to any compensation or reimbursement whatsoever, except in cases where this is provided for legally or contractually.

The (re)opening of a (new) Club may be delayed for reasons beyond Jims' control. The Member will be informed in good time of the date when they will be able to access the Club. Without prejudice to the reason for suspension stipulated in Article 13 and the reason for termination stipulated in Article 14, 7 of these General Terms and Conditions, a delay in (re)opening does not give rise to the right to compensation or to termination of the Membership. 

Access token: upon presentation of a valid form of identification, the Member receives a unique and strictly personal access token to the Club after taking out a Membership. 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).A Member will only be granted access to the Clubs available to them and be able to use Jims' services on presentation of a valid access token. The access token is not transferable to third parties, cannot be lent to third parties and cannot under any circumstances be exchanged for money. The Member remains responsible at all times for the (improper) use of the access token. If the Member allows their access token to be used by a third party, Jims will terminate the Member's Membership with immediate effect and will not be liable for any compensation whatsoever. Jims is entitled to carry out random checks regarding this matter. If the access token in the form of a physical membership card is lost or defective, the Member must purchase another one at a Club, for which they will be charged the cost of a new card; alternatively, they may opt to use the (free) QR code option in the mobile application. In the event of the loss, theft or improper use of the access token, all payment obligations under the General Terms and Conditions remain unaffected. In any case, the Member shall immediately inform Jims of any loss, defect, theft or improper use. The access token, irrespective of the form, will be deactivated as soon as and for as long as the payment obligation has not been met. In this case, the Member will also be refused access to the Clubs, but the Membership will remain in force, together with the resulting obligations to make payments and pay outstanding debts.

Some membership packages include the possibility of taking part in group classes. Jims is completely free to determine the range and schedule of group classes. These may vary throughout the year. Participation in a group class must be booked via the online channels provided for this purpose or at the Club premises. Jims has the right to modify the schedule and range of group classes. The Member retains the option of cancelling their membership free of charge following a modification. Schedule changes are displayed on the website, in the Club and on the mobile application, so that Members can consult the correct schedule at all times. The specific range and schedules of the group classes are not an essential condition of the Membership for the Member. A change in this respect cannot therefore automatically result in immediate termination of the Membership. If a Member does not take part in a group class after having booked it, they must cancel their booking at least one hour before the group class begins. If a Member has not cancelled their participation or has cancelled late on two occasions, they will not be able to book any more group classes for seven calendar days, from the day following the second absence or late cancellation. If the Member is then absent again or cancels late on two occasions, they will not be able to book any more group classes for 14 calendar days. Each Member can have up to four active bookings for group classes. 

The current fees for the various membership packages are always clearly and transparently displayed on the website and prominently displayed in the Clubs.

Registration fee - A one-off registration fee is always payable in the case of an Open-Ended or Fixed-Term Membership, unless expressly stated otherwise (for example, for promotional reasons). When a Member terminates a Membership and then takes out a new Membership, the registration fee is payable again.

Fixed-Term Membership - For a Fixed-Term Membership, the registration fee and membership fee are always paid in a single lump sum before the start of the Membership term.

The same applies when this type of Fixed-Term Membership is extended for a further fixed term. In the case of a 52-week (+52 weeks) Fixed-Term Membership, the amount will be debited for each 52-week extension, up to the amount of the membership fee for the further full 52-week term. The amount will be debited no earlier than the 14th calendar day and no later than the 7th calendar day before the beginning of the next 52-week period.

Open-Ended Membership -  

For an Open-Ended Membership, the registration fee and the four-week membership fee are always paid by direct debit every four weeks. By agreeing to 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 systematically debited every four weeks. The amount will be debited no earlier than the 14th calendar day and no later than the 7th calendar day before the beginning of the next four-week period. In the case of an Open-Ended Membership without the Flex option, a four-week membership fee will be debited 13 times, resulting in a total 52-week membership fee. In the case of an Open-Ended Membership with the Flex option, the membership fee will continue to be debited until it is cancelled.

Sufficient balance required - The Member undertakes to have sufficient funds available at all times so that the outstanding balance can be properly debited each time. If a debit is refused or fails, the banking institution will automatically charge a fee for any refusal or failure. These charges are added in full to the Member's outstanding debts. The amount of these charges may vary depending on the Member's banking institution. 

Payment methods - 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 is also entitled to refuse a banknote if its value is disproportionate to the amount that is to be paid.

If Jims does not receive payment on time or in full by the due date of the payment request, a first 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 to pay without incurring additional charges. This period begins on the third working day after the reminder is sent. This will be followed by a letter if the payment remains outstanding. The legal interest rate that applies 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 on payment periods and late payment interest (Chapter II). 

If amounts remain unpaid, Jims will refuse the Member access to all Clubs until the unpaid amounts have been settled.

In the event of persistent non-payment and the filing of a debt collection case, the Membership will be terminated and access to the Clubs will also be refused. In the case of an Open-Ended Membership with a minimum term, all unpaid four-weekly fees relating to the minimum term are payable immediately; the same applies to the fee that is due during the notice period.

In the case of a Fixed-Term Membership , it is not possible to switch to a lower membership package (downgrade) during the Membership term. However, it is possible to upgrade to a higher membership package for the remaining term. This change takes effect the day after the request is made. 
In the case of an Open-Ended Membership, switching to a higher membership formula (upgrade) is possible at any time. This change takes effect at the beginning of the first four-week period following that for which a direct debit has already been taken or has at least been initiated. 
It is not possible to downgrade to a lower membership package as part of an Open-Ended Membership during the minimum term of the Open-Ended Membership in question. 
After the minimum term, a change of this type takes effect at the beginning of the first four-week period following that for which a direct debit has already been taken or has at least been initiated, and only by resuming the initial minimum Membership term during which the change was requested.
The impact on the membership fee of a switch to a lower or higher membership package will always be considered on a pro rata basis.

Jims has the right to adjust the fees for Open-Ended Memberships. Members will be informed in good time of any price changes. Jims will allow a reasonable period of time before implementing the price change. The Member agrees that the notification may be made by e-mail, via the Jims mobile application or by means of an account statement. The Member retains the right to terminate their Membership, free of charge, following the price change. The Member shall inform Jims of their decision to terminate or modify their Membership no later than one month after notification of the price change is sent. The Membership will be terminated in accordance with these Terms and Conditions. 

Except in the case of damage resulting from fraud, gross negligence or intentional misconduct 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 kind whatsoever. Jims and/or its directors, shareholders, agents or representatives can also not 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 willful misconduct on the part of Jims, its employees or agents. Jims therefore recommends not bringing valuables to the Club and not leaving 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, part of a course and/or activities of any kind whatsoever are entirely at the Member's own risk. Members are responsible for their own decisions on sports and should seek advice, when necessary, from a personal trainer, physiotherapist or doctor. The Member is fully liable for direct or indirect damage of any kind caused by the Member to Jims, its employees or agents.

Any benefit unduly granted to a Member may be cancelled at any time. This is regardless of whether or not the Member acts in good faith. These include, for example, the granting of promotional offers for which it subsequently transpires that the relevant conditions were not met; or the fraudulent, misleading or contrary application of/subscription to the terms and conditions of a promotional offer.

a Member is entitled to suspension of the Membership without cause only for an Open-Ended Membership, for 56 days in each 52-week period. These days must not be used consecutively.

Each Membership (both fixed-term and open-ended) may also be suspended for the period laid down in a medical certificate issued by a doctor, which states that the Member must not engage in exercise or sport for at least one month. The Member must send the certificate no later than seven calendar days after the start date of the suspension period. However, the doctor's medical certificate must not relate to a period, the end date of which is in the past at the time the certificate is sent. 

Suspension of a Membership must be requested by the Member by sending an e-mail to support@jims.lu ,via the mobile application or in the Club where the Member is registered or in the Club that the Member indicated when registering online. 

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

Fixed-Term Membership. End of Term - Except in one of the cases justifying immediate and early termination of the Membership (see below), a Fixed-Term Membership ends on the contractual expiry date. 
 

Objection to tacit renewal - In the case of a 52-week Fixed-Term Membership, of the "52 weeks (+52 weeks)" type, the Membership is systematically renewed by tacit agreement, if no objection is indicated, for a further 52-week term. It is not tacitly renewed if the Member has objected to its renewal and has therefore sent Jims a request to terminate the Membership no later than the 15th calendar day before the end of the first 52-week period. During subsequent periods, the Membership may be terminated by the Member at any time, without compensation, subject to eight weeks' notice. In this specific case, any overpaid membership fees will be refunded in proportion to the time spent. Every notification of objection to a renewal must be sent to Jims by registered post addressed to Customer Services, by e-mail to support@jims.be or via the mobile application, after which the Member will receive confirmation of the termination by e-mail as proof.

The eight-week notice period specified above begins on the day after notification has been sent to the other party. 
Open-Ended Membership. Advance Notice - Except in one of the cases justifying immediate, early termination of the Membership (see below) or unless the Member has opted for the Flex option, the Member may not terminate the 

Open-Ended Membership (with the option for a minimum term of 52 weeks) during the first 52 weeks. At the end of the 52 weeks, the Membership will continue automatically, unless the Member states their objection to this at least four weeks before the end of the first 52 weeks of the Membership, by registered letter sent 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 onwards, the Member may terminate the Membership at any time, subject to four weeks' notice.

If the Flex option has been chosen, the Open-Ended Membership 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 Membership ends on the last day of the four-week period following the date of termination.

Termination with notice given by Jims - Jims has the right to terminate a Fixed-Term Membership during a renewal period or an Open-Ended Membership, subject to eight weeks' notice. This notice period begins on the day after the Member is notified. This termination does not confer the right to additional compensation.

Early termination without notice or compensation - The Membership (both fixed-term and open-ended) may be terminated early by either Party, without notice or compensation, in any of the following cases:

1. when Jims permanently changes the opening hours in a way that makes it impossible for the Member to continue the Membership, which must be proven by the Member;
2. when Jims unilaterally and of its own accord changes the essential conditions of the Membership, and when such changes are clearly to the disadvantage of the Member;
3. when it is definitively impossible for a Member to continue practising a sport or exercise during the term of the Membership due to injury. This situation of force majeure must be confirmed by a medical certificate from a doctor;
4. when the Member has to move abroad for professional reasons, which must be proven by a certificate from the employer or client;
5. when the Member moves house and there is no Club within a 20-kilometre radius of their home. Members must provide proof of their main residence in the form of a certificate issued by the local authority.
6. when the Club where the Member usually used Jims Services relocates or closes and there is no other Club located within a 20-kilometre radius of the former address of the closed Club.
7. When the opening of a new Club is delayed by more than 4 weeks and the Member can prove that the Membership was taken out specifically for said Club on the basis of a pre-sale promotion (this concerns the sale of a Membership in the context of the opening of a Club, before the opening date of the Club concerned).

Formal requirements - The Member may only terminate their Membership by registered letter to Customer Services, by e-mail to support@jims.lu or via the mobile application. The Member is notified of termination by Jims by e-mail or by means of an ordinary letter sent to the Member using the personal contact details communicated when the Membership was taken out or subsequently changed on the Member's instructions, in accordance with the new contact details communicated by the Member. The Membership is always terminated directly with Jims by the Member, or vice versa,  and never through a third party.

Specific grounds for termination - Jims may terminate a Membership with immediate effect in the event of a serious or repeated breach of the General Terms and Conditions, the internal regulations that form part thereof or any other unacceptable behaviour. In any case, 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 cancelling any payment obligation whatsoever. Jims will inform the Member of this by e-mail or by registered post. Where appropriate, unpaid fees will be payable ipso jure and without formal notice. When Jims terminates a Membership on its own initiative and the Member concerned wishes to take out a new Membership after a while, Jims applies objective and non-discriminatory criteria to assess whether or not to accept the new Membership request.

Jims undertakes to comply with the Belgian "Code of Conduct for the Fitness Industry", including in Clubs that are located in Luxembourg. This Code of Conduct is available on request from the FPS Economy website at www.economie.fgov.be/sites/default/files/Files/Ventes/Gedragscode-fitness.pdf and from reception in the Clubs. 

Before registering with a Club or using the services of Jims, the Member declares that they are aware of the following internal regulations and undertakes to observe and comply with these at all times. Failure to comply with the internal regulations may result in an immediate ban on access to one or more Clubs.

1. Members shall use Jims' services wearing appropriate sportswear, including sports shoes.
2. The use of a towel is compulsory during training sessions on sites operated by Jims.
3. Members shall respect other Jims members, staff and equipment.
4. Sports equipment and accessories (movable items) must be cleaned immediately after use using the products provided.
5. Movable items (weights, dumbbells, etc.) must be replaced immediately after use.
6. Personal belongings (sports clothing, sports bags, handbags, etc.) must be placed in a locker before starting a training session, whether individually or in a group, and must remain there throughout the session. Sports bags (or other bags) are not allowed in the training areas or in communal areas during sessions, and may not be left unattended. Jims is not responsible for any loss or theft of personal belongings that are left unattended.
7. Where lockers have padlocks, the padlocks must be removed when leaving the Club. If this is not done, Jims will remove these padlocks at the end of the day and place the contents of the locker in lost property; it will not accept any complaint from the Member and this will not confer a right to any compensation. Padlocks can be purchased at the counter or from staff. If lockers with codes have not been emptied by the end of the day, Jims will also open these in the same way as lockers with padlocks. Members are personally responsible for everything they leave in the lockers.
8. The use of mobile phones is permitted in the Clubs. However, Jims asks Members to release the devices when taking 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.
9. The possession or use of tobacco, drugs or illegal substances is forbidden.
10. Coaching or Personal Training of other members within or on Club sites is not permitted. Personal training activities are 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 train members in a safe environment; (2) You must have an agreement signed between Jims and the Personal Trainer; (3) You must also have the agreement of the club manager. 

Jims asks the Member to always contact Customer Services first with any questions or complaints. Jims endeavours to settle disputes amicably wherever possible. If an amicable solution cannot be found, the Member may submit the dispute to the Consumer Ombudsman Service (www.mediationconsommateur.be).If an out-of-court settlement is not reached, the dispute will be brought before the competent courts in Belgium and heard under Belgian law.

If any provision of the General Terms and Conditions is found to be invalid, non-binding or illegal, the other provisions will remain in force in full. The void left in the General Terms and Conditions by the invalid, non-binding or illegal provision will be filled, in accordance with the legislation in force, by the application of a valid provision that is as similar as possible to the original economic aim of the General Terms and Conditions. If Jims fails to require strict application of one or more provisions of these Terms and Conditions, this 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 amend its General Terms and Conditions at any time. 

For Members with a Fixed-Term Membership, the General Terms and Conditions, of which the Member is notified and which they accept at the latest at the time of membership, remain applicable.

If a Fixed-Term Membership is extended for a further fixed period, the General Terms and Conditions of the original Membership will continue to apply. However, Jims reserves the right to amend these terms and conditions (1) subject to notification before the deadline by which the Member is able to object to the tacit renewal; and (2) subject to acceptance of the new Terms and Conditions by the Member. If agreement is not reached, the Agreement shall be terminated.

For Members with an Open-Ended Membership for which the minimum term has already expired, the amended terms and conditions will apply on the effective date indicated after Jims notifies the Member of the content of the amended terms and conditions.

For Open-Ended Memberships for which the minimum term has not yet expired, the amended Terms and Conditions will also apply on the effective date indicated and after the Member has been notified of the amended content of the Terms and Conditions, but never before the minimum term has expired. 

Jims will allow a reasonable period of time between notification of the amended terms and conditions and their application, so that the Member has the opportunity to terminate their Membership without charge in the event of non-acceptance of the amended terms and conditions.  

The Member shall notify Jims of this decision to terminate their Membership no later than the date on which the amended Terms and Conditions 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 Terms and Conditions also confirms that the Member has not wished to give notice of termination of the Membership to Jims.  

The Member will always be notified of any amendments to the Terms and Conditions 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 about the Member. Jims attaches great importance to protecting the Member's personal data. Jims therefore endeavours to protect these data to the best of its ability and, where these data are used, always to safeguard 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 described in the Privacy Statement. The Privacy Statement can be consulted online on the website or a copy can be obtained by contacting Customer Services. It may be amended from time to time. The Member undertakes to inform Jims in good time of any changes in their standard details: e-mail, identification and address, to enable Jims to provide an appropriate service.

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