General Terms and Conditions
Voir ici les Conditions Générales en francais
Zie hier de Algemene Voorwaarden in het Nederlands
Scope of application and enforceability
The present general conditions govern the contractual relations between SRL ROYALE SPORT (BCE: 0769 967 291), hereafter referred to as “Mix”, and it’s clients, hereafter referred to together as the “Clients” and individually as the “Client”.
Membership
Any Client wishing to take out a subscription to Mix must pay a joining fee.
Membership fees are available on the Mix website https://Mix.brussels/gym-wellness/ and are never refundable.
In the event of cancellation of a subscription (see article 6), any re-registration is subject to a new joining fee.
Subscriptions
Annual subscriptions paid in advance
In order to benefit from this subscription, the Client is required to pay the full amount of the subscription at the time of purchase of the subscription.
The subscription is activated on the first day of its use for a period of 12 consecutive months.
Clients who have benefited from a subscription at a preferential rate via an “early bird” registration will activate it on the official opening date of the Mix.
The preferential “early bird” rate is only valid during the first year following the opening of Mix. In the event of renewal of the subscription, the rate applicable will be the one in force at the time of renewal.
Annual subscriptions paid monthly
In order to benefit from this subscription, the Client agrees to a monthly direct debit (SEPA) from his bank account. The first direct debit is made on the day of registration and the direct debit is then made every month on the same date.
The subscription is activated on the day of registration.
Clients who have benefited from a subscription at a preferential rate via an “early bird” registration will activate it on the official opening date of the Mix.
The subscription is automatically renewed until the Client terminates it in accordance with article 6.
If the bank informs Mix that a payment from the Client’s account could not be completed, Mix will try again to obtain payment from the Client’s account. If payment is again unsuccessful, Mix may, at its discretion, either continue its efforts to obtain payment by direct debit for a period of up to three months or collect any amount owed by the Client by way of credit card or debt collection process.
Mix reserves the right to charge a fee of €12.50 for each missed direct debit (e.g. SEPA rejected by the bank due to lack of funds).
In the event of non-payment or late payment or any other problem related to payment, the full amount due to Mix will become immediately payable by right and without notice. This amount shall be increased by a monthly interest of one percent (1%) by operation of law and without notice of default.
In the event of non-payment, Mix reserves the right to terminate the contract by operation of law after sending a formal notice which has remained unanswered for 15 days from the date of sending. This termination does not affect Mix’s right to recover, by amicable or judicial means, any sums due to it under the contract, at the Client’s expense.
Mix reserves the right to use the services of a debt collection agency to obtain payment of any sum due to it.
In the event of non-payment or late payment, Mix reserves the right to refuse the Client access to its facilities.
This does not imply that the membership is terminated.
Terminating a direct debit is not equivalent to giving notice to terminate a membership.
Withdrawal
The purchase of a subscription is final and does not give any right to any reimbursement.
The Client who has purchased a subscription online has the right to withdraw, without reason, within 14 days of the date of purchase. In this case, the Client shall inform the management of Mix (hello@Mix.brussels) in writing by email of his decision to exercise his right of withdrawal. In the event of withdrawal within 14 days from a subscription online, the management of Mix will refund the amount paid by the Client.
The Client loses the right of withdrawal when the service for which he has given his consent has already started to be provided.
Suspension of the subscription
Subscriptions can only be suspended in exceptional circumstances.
In the event of a health problem, confirmed by a long-term medical certificate (more than one month), preventing the Client from using Mix’s infrastructure for more than one month, a request for suspension on medical grounds can be sent to Mix’s management using the following form (Request for suspension on medical grounds). The medical certificate must be attached to the request. The request is examined by the management. If the suspension is accepted, the management will inform the Client of the suspension starting date and the duration of the suspension. The duration of the suspension has no retroactive effect.
The subscription is suspended and replaced by a suspension fee of 30 euros per month for the duration of the suspension.
During the suspension period, the infrastructures are no longer accessible to the Client. The Client’s card is blocked during this period.
Termination of the subscription
An annual subscription paid in advance cannot be terminated.
The Client may terminate the annual subscription paid monthly by giving three (3) months’ notice.
The request for termination must be sent to Mix management using the following form (Termination request).
The notice period starts on the first day of the month following the month during which Mix received the request to terminate the subscription.
The infrastructures remain accessible to the Client during the entire period of notice. The Client is obliged to maintain payments until the end of the notice period.
Mix reserves the right to terminate at any time and without notice the subscription of a Client who:
- repeatedly breaches these terms and conditions or the ROI and has not remedied the breach within 7 days of written notice from the management;
- allows another person to use their membership card;
- expresses inappropriate or abusive language, makes threats or engages in violent behavior within the Mix;
- behaves in a way that may disturb the peaceful enjoyment of the Mix by other members.
Loss of card
In the event of loss of a membership card, the Client must contact the reception desk to obtain a new one. The cost of replacing the card will be charged to the Client (5 euros).
Annual changes
The Client will be informed by e-mail sent to the address given at the time of registration of :
(a) Any changes to the Mix Rules and/or General Conditions;
(b) Any changes to the rates (Subscription Fees and Membership Fees);
(c) The date on which such changes will take effect.
Such changes will come into effect on the date specified in the email.
Prior to the changes coming into effect, the Client has the right to terminate its subscription, subject to three months’ notice starting on the day following the day on which the notice is sent by Mix.
During the period of notice :
- infrastructure remains accessible;
- the Client is obliged to maintain payments until the end of the period of notice ;
- the financial conditions of the subscription are those that were in force before the announcement of the changes.
Change of subscription during the year
The Client who wishes to change from a monthly paid annual subscription to an annual subscription paid in advance must send his request to the Mix management (Change from monthly to annual subscription). The one-month notice period starts on the first day of the month following the month during which Mix received the request to change the subscription. The new annual subscription will automatically start at the end of the one-month notice.
Mix will adapt the Client’s direct debit to the new subscription.
The Client who wishes to downgrade his subscription formula must send his request to the management of Mix (Request for downgrade). The one-month notice period starts on the first day of the month following the month during which Mix received the downgrade request. The new subscription will automatically start at the end of the one-month notice.
Mix will adapt the Client’s direct debit to the new subscription.
The Client who wishes to upgrade must send his request to the management of Mix (Request for upgrade). The new subscription will automatically start on the first day of the month following the upgrade request.
Mix will adapt the Client’s direct debit to the new subscription.
Classes booking policy
Classes must be booked in advance via the official Mix application (application link).
By default, places available for booking are made available 7 days in advance. Some membership packages may have priority access to bookings.
The “Booking” option allows you to reserve a seat.
The “Add to waiting list” option allows you to add your name to the waiting list in case the session is full.
Clients will be notified by email when they are confirmed to the session.
The Client is confirmed to the session if (i) he has booked a place, or (ii) after being placed on the waiting list, a place becomes available for him.
Booked sessions are valid until 5 minutes before the start of the session. Clients who have booked a session are required to check-in at reception desk at this time. After 5 minutes, the booking will be canceled and considered as no show, and any remaining space will be offered to members who have been added to the waiting list, or who are waiting at reception.
Classes cancellation policy
If the Client is unable to attend a session for which he has booked a place or has been added to the waiting list, he must cancel his booking in good time to make the place available for other clients. Cancellations must be made via the application no later than 4 hours before a session. Cancellations are not accepted by phone or email.
Mix stresses out that being on a waiting list for a session is equivalent to a commitment to attend that session. If the client is waiting for a place but is no longer willing or able to attend the session, he must withdraw from the waiting list within a maximum of 2 hours before a session.
In the event of a late cancellation, the client’s Mix account will be marked with a “Late Cancel”.
In the event of a no show, the client’s Mix account will be marked with a “No Show”.
In the event of a Late Cancel or No Show, the Client will receive a first warning.
Mix reserves the right to block the booking of courses in case of repeated No Shows and/or Late Cancellations.
Notices are valid for the duration of a calendar month and will be reset on the first day of the following month.
In order to respect everyone’s practice, no late entries are allowed and it is strongly discouraged to leave the session early. Mix reserves the right to refuse access to the studio(s).
Group Class Rules
Mix makes every effort to deliver sessions and services on time as advertised. However, the studio schedule is subject to change without any refund to the Clients.
Mix is not responsible for any loss, damage or theft of personal property in the studio(s).
Facilities
Some of Mix’s facilities may be temporarily unavailable due to repair, maintenance or security works.
Mix will do its best to ensure that such work does not interfere with the use of the facilities by the Clients, but cannot be held responsible for this unavailability, which will not give rise to any financial compensation on the part of the Clients.
Age
To join, purchase a subscription and use Mix’s facilities, the Client must be over 16 years old.
Gift cards
Gift cards can only be exchanged for courses, membership fees, subscriptions, products or event participation.
Guests
Some memberships allow Clients to have a guest (over 16 years old).
These Clients may also use the Mix facilities to hold an informal meeting with their guest, subject to availability of the Mix facilities and subject to their registration and acceptance of the ROI.
Intellectual Property
Without prejudice to the terms of use of the Website and the App, the Client acknowledges that Mix, or any company related to Mix, remains the exclusive owner of all intellectual property rights in all elements of the Website and the App, and the Services (including sessions, workshops and any other activities organized by Mix). In addition, Mix remains the sole owner of the name, brand and logo used to sell the products and provide the services, whether online or offline.
Personal data
Each Client shall ensure that the data provided when registering with Mix and throughout their membership is correct and complete.
Mix processes and stores the Client’s personal data in accordance with the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016) and as further detailed in Mix’s Data Protection Policy (link to Mix’s privacy page)
The Client may ask any questions relating to the processing of personal data by sending an email to the following address: privacy@Mix.brussels.
The Client agrees that Mix uses the photos taken within the facilities and in which he/she appears. The Client may however request to be masked from a published photo.
Invoices
The Client who wishes to receive an invoice must request one and complete the information about his company when registering. Alternatively, they can send their request via the request form (I would like an invoice).
Force majeure
Neither Mix nor the Client shall be liable for any delay or failure to perform their obligations if they are due to force majeure. Force majeure is considered to be what is generally considered by the jurisprudence of the Belgian courts on the subject, and in particular any event beyond the control of the parties and preventing the normal execution of their obligations, in particular and without limitation: total or partial strike within or outside the company, lock-out, exceptional weather conditions, epidemics, blockage of distribution or storage for any reason whatsoever, earthquake, fire, storm, flood, water damage, freezing of computer or telecommunications systems, theft, pandemic, . …
In the event of temporary force majeure, the party invoking force majeure must inform the other party and take all reasonable measures to overcome the situation.
In the event access to the Mix’s infrastructure is temporarily made impossible for reasons beyond Mix’s control due to force majeure, online (Livestream) or outdoor courses will replace the traditional physical access. This will have no consequence on the continuation of current subscriptions and without recourse.
Exemption from liability and waiver of recourse
Mix is not responsible for damage or theft occurring inside or outside the Mix infrastructures.
Mix cannot be held responsible for any material, immaterial or physical damage caused by a third party.
Mix is not responsible for technical problems affecting the communication of information via its website or its application. Mix is not liable to the Client for any modification, interruption, defect or termination of its Website or Application. Mix is also not responsible for the websites referenced on its Website or App.
The Client expressly waives the right for him, his heirs, beneficiaries or legal representatives to sue or make claims of any kind against Mix or its members for any personal injury, property damage/loss, or wrongful death, whether caused by his negligence or otherwise.
The Client expressly declares that he/she does not suffer from any medical or physical problem (even if slight) that would prevent him/her from using the Mix courses and facilities properly. Each person is responsible for his/her own behavior.
Invalidity and Severability
Mix’s failure or delay in enforcing any provision of these terms and conditions or any part thereof shall not be construed as a waiver by Mix of any of its rights hereunder, now or in the future.
If at any time any provision of these terms and conditions is or becomes illegal, invalid or unenforceable under applicable law, this will not affect the legality, validity or enforceability of the remaining provisions of these terms and conditions and the parties’ agreement. Mix and the Client shall use all reasonable efforts and take all necessary steps to replace any illegal, invalid or unenforceable provision of these terms and conditions with a legal, valid and enforceable provision having substantially the same economic effect on the parties and, to the extent permitted by law, containing the original intention.
The original version of these general terms and conditions is written in Dutch, French and English. In the event of a dispute, these general terms and conditions shall be interpreted in accordance with the text and spirit of the French version.
Applicable law – jurisdiction
These general conditions are governed by Belgian law.
In the event of a discussion or dispute concerning the application or interpretation of these general conditions, both parties undertake to seek an amicable solution before initiating any legal proceedings.
The courts of Brussels, French-speaking section, shall have jurisdiction over any disputes relating to these terms and conditions, unless otherwise provided by mandatory legal provisions.