Terms & Conditions

Article 1 – Definitions

In these Terms & Conditions the following definitions apply:

• ZwemExpert: ZwemExpert - F. van Dijk, established at Calle Mompou Federico 3, 52A, 29620 Torremolinos ES, Chamber of Commerce number Y9441863D.
• Participant: the person taking part in a camp, clinic or activity organised by ZwemExpert.
• Client: the parent or legal representative who makes a registration on behalf of the participant.
• Agreement: the participation agreement that is formed once ZwemExpert confirms the registration.
• Activity: any camp, clinic, workshop or event organised by ZwemExpert.
• Camp fee: the cost of the training package (coaching, supervision and use of facilities), excluding flights, accommodation and other optional extras.
• Extras: optional additions such as flights, accommodation (including meals), equipment hire and other services that are booked and invoiced separately.

Article 2 – Applicability

2.1 These Terms & Conditions apply to all quotations, offers and agreements of ZwemExpert.

2.2 By registering for an activity, the client accepts these Terms & Conditions.

2.3 Deviations from these terms are only valid if expressly agreed in writing.

Article 3 – Registration and Formation of the Agreement

3.1 Registration takes place via the ZwemExpert website or in another manner indicated by ZwemExpert.

3.2 The agreement is formed once the client receives a confirmation email from ZwemExpert.

3.3 ZwemExpert reserves the right to refuse a registration without stating reasons.

3.4 The client is responsible for the accuracy of the information provided. ZwemExpert is not liable for the consequences of incorrect information.

Article 4 – Payment

4.1 The registration costs must be paid in accordance with the payment instructions stated on the website or invoice.

4.2 ZwemExpert processes payments via the secure payment platform Mollie. ZwemExpert does not store any card details itself.

4.3 ZwemExpert offers the option to pay in instalments. If instalment payment is chosen, direct debits are collected automatically on the agreed dates. An administration fee applies to instalment payment in accordance with the rates stated on the website.

4.4 In the event of late payment, the client is in default by operation of law. ZwemExpert is then entitled to cancel the registration and offer the participant place to someone else.

4.5 All prices include VAT unless stated otherwise.

4.6 Where an early-bird discount applies, the discounted price is only valid if payment is made on time, before the stated deadline.

Article 5 – Cancellation by the Client

5.1 Cancellation must be notified in writing (by email to info@zwemexpert.nl). The date the email is received counts as the cancellation date.

5.2 Cancellation of the camp fee

The following cancellation terms apply to the camp fee:

Alternative: if cancelled at any time before departure, the full camp fee (without deduction) can be converted into a credit for another camp, valid for ZwemExpert activities within 18 months of the cancellation date.

5.3 Flights, accommodation and other booked extras – non-refundable

The costs of optional extras such as flights, accommodation (including meals) and other services booked by ZwemExpert on behalf of the client are in all cases non-refundable:

• ZwemExpert books flights, accommodation and related services directly in the name of, or for the benefit of, the participant as soon as the booking is confirmed by the supplier.
• Cancellation or amendment of these bookings is not possible through ZwemExpert and gives no right to a refund, regardless of the time of cancellation or the reason for it.
• If the registration is cancelled, all extras already booked remain fully payable by the client.
• ZwemExpert is likewise not liable for additional costs resulting from changes made by the airline, the hotel or other external service providers.

5.4 Illness of the participant

In the event of demonstrable illness of the participant (to be confirmed with a doctor's certificate), the camp fee – and only the camp fee – can be converted into a credit for a future ZwemExpert activity, valid for 18 months. The costs of flights, accommodation and other extras are also non-refundable in the event of illness; the client must claim these from their own travel insurance.

Article 6 – Cancellation by ZwemExpert

6.1 ZwemExpert reserves the right to cancel an activity if the minimum number of participants is not reached or in the event of force majeure.

6.2 In that case the client receives a full refund of the camp fee paid, or the option to take part in another activity.

6.3 For extras already booked (flights, accommodation), ZwemExpert will endeavour to recover the costs incurred, but cannot guarantee this. ZwemExpert is not liable for the cost of extras that are not refunded by the supplier.

6.4 ZwemExpert is not liable for any additional travel or accommodation costs incurred by the client outside of ZwemExpert.

Article 7 – Changes

7.1 ZwemExpert reserves the right to change the programme, location or supervision of an activity, insofar as this is necessary for its proper delivery.

7.2 In the event of substantial changes, the client is informed in good time and has the right to cancel the registration free of charge with a full refund of the camp fee. Costs for extras already booked remain payable by the client, unless ZwemExpert is able to approach the relevant supplier on the client's behalf for a refund.

Article 8 – Medical Information and Safety

8.1 The client is obliged to provide all relevant medical information about the participant via the intake form. Incorrect or incomplete medical information releases ZwemExpert from any liability arising from it.

8.2 ZwemExpert is entitled to exclude a participant from taking part if the health or safety situation gives reason to do so, without the client being entitled to a refund of the cost of extras.

8.3 ZwemExpert has a duty of care but is not liable for injury, illness or damage that arises despite reasonable care, unless there is intent or gross negligence on the part of ZwemExpert.

8.4 ZwemExpert's supervisors and coaches hold valid first-aid certificates and are certified by recognised swimming organisations.

8.5 Participation in swimming activities and the associated physical exertion is at the participant's own risk. ZwemExpert is not liable for injuries or health problems related to the sporting activity itself.

Article 9 – Force Majeure

9.1 Force majeure means: circumstances that prevent or seriously hinder the performance of the agreement and that cannot be attributed to ZwemExpert. These include, among others: government measures, extreme weather conditions, pandemics, strikes, terrorism, or the enforced closure of the accommodation or swimming pool.

9.2 In the event of force majeure, ZwemExpert has the right to postpone or cancel the activity. If cancelled due to force majeure, camp fees already paid are refunded or converted into a credit, at the client's choice.

9.3 ZwemExpert is not liable for the cost of extras (flights, accommodation) that, as a result of force majeure, cannot be recovered from the supplier. The client is expected to have taken out suitable travel insurance for this.

Article 10 – Liability

10.1 ZwemExpert makes every effort to deliver its activities safely and to a high standard, but accepts no liability for damage unless it is the direct result of intent or gross negligence by ZwemExpert itself.

10.2 ZwemExpert is expressly not liable for:

• theft, loss of or damage to participants' personal belongings;
• injury or health problems arising from the sporting activity, unless there is demonstrable negligence by ZwemExpert;
• consequential damage, indirect damage or lost profit;
• damage resulting from acts or omissions by external service providers (airlines, hotels, swimming pools, transfer companies, etc.);
• costs incurred by the client outside of ZwemExpert's offering (own flights, own accommodation, extra baggage, etc.);
• delay, cancellation or change of flights or other means of transport by third parties;
• damage resulting from the client not completing, or incorrectly completing, the intake form.

10.3 If, notwithstanding the above, ZwemExpert is held liable, the total liability is in all cases limited to the amount paid for the camp fee of the relevant activity, with a maximum of €2,500 per incident.

10.4 The client indemnifies ZwemExpert against claims by third parties arising from incorrect, incomplete or misleading information provided by the client or participant.

10.5 ZwemExpert is insured for legal liability. On request, the client can obtain information about the insurance cover.

Article 11 – Photo and Video Material

11.1 During activities, photos and videos may be taken for promotional purposes. Consent for this is requested via the intake form.

11.2 If the client has not given consent, ZwemExpert will not publish recognisable images of the participant concerned.

11.3 ZwemExpert is not liable for photos or videos taken by other participants, supervisors or third parties and shared via their own channels.

Article 12 – House Rules and Code of Conduct

12.1 Participants must follow the instructions of the supervisors and the house rules of the accommodation.

12.2 In the event of serious misconduct or failure to observe the rules, ZwemExpert reserves the right to exclude the participant from further participation, without any refund of registration fees or extras.

12.3 Damage caused by a participant to property of ZwemExpert or the accommodation will be recovered from the client.

12.4 In the event of exclusion for misconduct, the travel costs for an early departure are fully payable by the client.

Article 13 – Personal Data

13.1 ZwemExpert processes personal data in accordance with the General Data Protection Regulation (GDPR). See our Privacy Policy for more information.

Article 14 – Governing Law and Disputes

14.1 Dutch law applies to all agreements and disputes.

14.2 Disputes are preferably resolved by mutual consultation. If this is not successful, disputes are submitted to the competent court in the district of Amsterdam.

14.3 A client acting as a consumer may also use the European ODR platform: ec.europa.eu/odr.

Article 15 – Contact Details