1. WHO WE ARE

Win and Swim (KvK 89298993) provides adult swimming lessons in Amsterdam.
Registered address: Pretoriusstraat 42, 1092 GH Amsterdam, Netherlands.
Contact: vladpaturca@winandswim.nl | +31 6 53768251.
These Terms govern your relationship with Win and Swim when you browse our websites (winandswim.nl, blog.winandswim.nl), create an account, purchase any product, or attend lessons.

2. SCOPE AND CONTRACT FORMATION

2.1 Lessons, memberships, and bookings are offered by Win and Swim. Bookings and payments are processed via our online booking provider (Eversports).
2.2 A binding contract is formed when you complete a purchase/booking through our online checkout or when we confirm a manual enrollment in writing.
2.3 By making a booking or purchasing any product, you accept these Terms and our Privacy Policy.

3. ELIGIBILITY (AGE AND HEALTH)

3.1 Our services are designed for adults (16+). Participants under 16 require written consent from a parent/guardian and may be asked to have the adult hold the contract.
3.2 You confirm that you are fit to participate in swimming activities. You must inform us in advance of any health conditions or injuries that could affect safe participation. We may refuse participation where safety could be compromised.

4. PRODUCTS AND PRICING

4.1 Product types
a) Try‑out: one‑time, introductory lesson (limited to one per person, subject to availability).
b) Single lesson: pay‑as‑you‑go booking for a specific class/date.
c) Monthly passes: recurring memberships (e.g., Beginner Pass, Advanced Pass, Advanced Unlimited) that include a defined usage (e.g., one lesson per week or unlimited).
4.2 Prices are displayed at checkout and (unless stated otherwise) include VAT. We may update prices prospectively at any time; changes do not affect already‑purchased products.
4.3 Any venue access rules or ancillary fees imposed by the pool operator must be followed and, if applicable, are your responsibility.

5. REGISTRATION, BOOKING, AND ATTENDANCE

5.1 Registration is completed via our online booking system. You are responsible for keeping your profile and contact details accurate.
5.2 Bookings are first‑come, first‑served. Where waitlists are used, places offered must be confirmed within the timeframe indicated by the booking system.
5.3 Please arrive ready to swim at least 10 minutes before start time. For safety reasons, late arrivals (10+ minutes) may be refused entry and treated as a no‑show.
5.4 We reserve the right to reassign coaches, change lesson formats, or adjust class sizes within reasonable limits without reducing the quality of service.
5.5 Code of conduct: follow lifeguard instructions and pool rules; no running on poolside; no glass; no intoxication; remove jewelry that could cause injury. We may refuse service or remove participants for unsafe or disruptive behavior.

6. CANCELLATIONS AND NO‑SHOWS (BY PARTICIPANTS)

6.1 Single lessons and booked sessions on passes can be cancelled via your online account up to 24 hours before the scheduled start. If you cancel on time, the lesson credit is returned to your account (or, for single‑lesson purchases, we issue an equivalent credit).
6.2 Cancellations within 24 hours, missed sessions, or late arrivals that are refused for safety reasons are charged in full and not credited/refunded.
6.3 Transfers: where permitted by the booking system, you may reschedule a booking yourself while the 24‑hour window is still open.

7. CANCELLATIONS AND CHANGES (BY WIN AND SWIM)

7.1 We may cancel or reschedule sessions due to coach illness, pool unavailability, safety issues, or force majeure (e.g., maintenance, strikes, adverse weather).
7.2 If we cancel, you will be offered (at our discretion) a rescheduled class or a credit of equal value. Cash refunds are provided only if required by law.

8. MEMBERSHIPS (MONTHLY PASSES)

8.1 Billing cycle and renewal: memberships bill in advance on the 1st of each month and auto‑renew until cancelled.
8.2 First month alignment: when you start mid‑month, the system may charge a pro‑rated amount from your start date until month‑end; the first full billing period begins on the 1st of the next month.
8.3 Cancellation: you can cancel a membership at any time before the next billing date. The membership remains active until the end of the current paid period. We do not refund unused days in a billing period.
8.4 Pausing (“freeze”): you may request one pause per calendar quarter for up to 4 consecutive weeks, with at least 7 days’ notice before the next billing date. Pauses extend the term by the paused period. Additional pauses are at our discretion.
8.5 Fair use: for “unlimited” products, we may cap extreme usage patterns that degrade service availability for others. We will notify you before applying any cap.

9. PAYMENT TERMS

9.1 Payment methods are those offered at checkout (e.g., card, iDEAL). Payment is due at purchase for single lessons and try‑outs, and on the 1st for memberships.
9.2 If payment fails or is reversed, we may suspend access until settled. You are responsible for bank or payment provider charges arising from failed payments.

10. REFUNDS

10.1 Try‑out and single lessons: if you cancel on time (24+ hours prior), you receive a credit of equal value. Otherwise, the fee is forfeited.
10.2 Memberships: no pro‑rated refunds for partial periods. Where a legal cooling‑off right applies (see section 11), we comply with the law (including payment for any services already provided before withdrawal).
10.3 Refunds, where granted, are returned via the original payment method where feasible.

11. RIGHT OF WITHDRAWAL (DISTANCE CONTRACTS)

11.1 Single‑session bookings for a specific date/time are leisure services for a set date and are not subject to the statutory 14‑day cooling‑off right.
11.2 For memberships purchased online that are not linked to a single specific date/time, a 14‑day cooling‑off period may apply, provided you have not used the service. If you start using the membership during the cooling‑off period and then withdraw, we may charge a proportionate amount for the service used up to withdrawal.
11.3 These rules do not affect any mandatory consumer rights under Dutch/EU law.

12. PHOTOGRAPHY AND MEDIA

12.1 We may request consent to capture images or short video for marketing or training. Participation is always optional and refusal has no impact on your lessons.
12.2 You can withdraw consent at any time; withdrawal does not affect prior lawful use.

13. PRIVACY

We process personal data in accordance with our Privacy Policy available on winandswim.nl/privacy-policy. This includes the use of a booking platform as joint controller for platform activities.

14. FACILITY OPERATORS

Pool venues have their own house rules and safety protocols. You must comply with lifeguard instructions and venue policies at all times.

15. INTELLECTUAL PROPERTY

Lesson plans, drills, notes, and materials provided by our coaches are for personal use only and may not be copied, shared, or commercialized without prior written permission.

16. LIABILITY

16.1 Water‑based activities carry inherent risks. To the fullest extent permitted by law, Win and Swim is not liable for indirect or consequential loss, loss of opportunity, or loss of profit.
16.2 Nothing in these Terms limits liability for death or personal injury caused by intent or gross negligence, or any liability that cannot be excluded under applicable law.
16.3 Except where prohibited by law, our aggregate liability for any claim arising out of your use of our services in any rolling 3‑month period is capped at the total fees you actually paid to us in that period.

17. FORCE MAJEURE

We are not responsible for delays or failures caused by events beyond our reasonable control (e.g., pool closures, strikes, power outages, public health orders). Your remedy is rescheduling or a credit as described in section 7.

18. COMPLAINTS

If something is off‑track, email us at vladpaturca@winandswim.nl. We aim to resolve issues quickly and pragmatically.

19. GOVERNING LAW AND JURISDICTION

These Terms are governed by Dutch law. Courts in the Netherlands have exclusive jurisdiction, without prejudice to mandatory consumer venue rights.

20. CHANGES TO THESE TERMS

We may update these Terms to reflect operational or legal changes. The version date at the top indicates when the latest changes took effect. Material changes will be communicated via website notice or email where appropriate.