General Terms and Conditions

1- DEFINITION

For the purposes of this document, the following terms are defined as follows:

1.1 – Pack or Card : a pack includes a variable number of courses and can be complemented by an additional (e.g.: extension of the validity date) or modified offer (e.g.: change of city).

1.2 – Subscription : subscription contract providing for a certain number of courses per 4-week period, with or without commitment. It is automatically renewed every 4 weeks by tacit agreement, on a credit card or bank account. Termination subject to conditions; all contract details (GTC) are available on the Site before and after purchase. The subscription can be modified at the Customer’s request in case of change of city.

1.3 – Price : refers to the financial conditions relating to the purchase of a pack, a subscription, a discovery course or any other offer at the rate (normal or promotional) offered by Swim Stars.

1.4 Customer : this is the beneficiary of the purchase, i.e. the student himself or a third party.

1.5 Trainer : state-certified professional lifeguard selected by Swim Stars as part of a strict recruitment process enriched by ongoing training in Swim Stars educational and standard programs.

2- INTRODUCTION

2.1 The GTC exclusively govern the contractual relationship between any Client of the Swim Stars website (hereinafter, the “Client” or “You”), a limited company with a capital of 3000 euros, whose registered office is located at Av. Diagonal, 534 and registered in the Mercantile Registry of Barcelona, volume 49015, folio 40, page B604523 VAT number ESB56444854 (hereinafter, “Swim Stars” or “We”). The GTC supersede all other terms and conditions, unless expressly derogated from in writing. Swim Stars may from time to time change some of the provisions of its GTC; therefore, it is necessary for the Customer to re-read the GTC before each order through the Site. These changes are enforceable as soon as they are put online and cannot be applied to previously placed orders. Each order on the Site is governed by the GTC applicable on the date of such order. We consider that by validating your order, you unreservedly accept our GTC after having read them. By accessing the Site, you agree to comply with the GTC.

2.2 In the case of an order placed with an external Swim Stars sales partner present on the Site and identified as such, the GTC applicable to such order will be those of the partner (accessible on the partner’s page on the Site). You must read and formally accept them to finalize your order with Swim Stars’ partner.

3- PLACING ORDERS

3.1 – To place an order, we make available to you our website accessible 24 hours a day, 7 days a week, through or the Swim Stars mobile application.

3.2 – The procedure for placing orders on the Site includes the following steps:
(i) Selection on the Site of a product or service for sale;
(ii) Once this selection has been made, a summary is displayed containing the details of the product or service, its availability, the general terms and conditions (GTC), and the total price of the product or service before proceeding to the validation of the basket, by choosing the payment method and the final confirmation of your order by clicking on the “Buy” button.

3.3 – In the case of a payment by SEPA direct debit, the payment will be final once your bank has accepted the transaction. If you make a payment using a promotional code, you must enter this code and click on the “+” symbol to activate it and apply it correctly to the shopping cart.

3.4 – After the final validation of your order, and in accordance with the provisions of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (LSSI-CE), you will receive an email summarizing the details of your purchase. In addition, you will be able to consult this information in your user account, where you will also have access to your invoices, which will be available for download.

4- PRICE

The sales prices indicated on the Site are in Euros and all taxes are included. Their total amount is indicated at the end of the order process, in addition to the price of the products selected, before confirmation of their acceptance by the Customer.

We reserve the right to change our prices at any time, but we undertake to apply the rates indicated on the Site at the time of your order.

We inform you that in case of displaying an erroneous and obviously derisory price, whatever the reason (computer error, manual error, technical error …), the order, even validated by us, will be canceled and you will be informed as soon as possible. Then, if you wish, you will be able to place your order again at the corrected and exact price.

5- AVAILABILITY

Swim Stars is comprised of a network of partner pools and employs independent lifeguards (“Coaches”). We are subject to the availability of these partners. We undertake to respect your request within the limits of this availability and to propose solutions when possible (pool closure, absence of a trainer, change of time slot …).

6- PAYMENT

6.1 Payment methods offered

Swim Stars offers the following payment methods:

Payment by credit card (CB, Visa, Mastercard, AMEX): the debit is made at the time of order confirmation.
SEPA direct debit
Credit note (handling only by customer service)

For details on payment methods, please visit
.

6.2 Payment security

Online payment by credit card is made through the company Stripe. The data recorded by Stripe’s payment system constitutes proof of financial transactions made by credit card. Stripe does not transmit credit card data to Legislative Editions. This approach is part of our desire to fight fraud in Internet payment methods and thus protect all consumers.

8- CANCELLATION

In case of impediment, the Client must cancel his/her reservation directly from the student’s account to prove the absence and free the place for another person.

Cancellations cannot be made by phone. See how to cancel or modify your reservation.

If a minimum notice of four (4) hours before the booked course time is respected (example: before 9:55 am if the course takes place at 2 pm on the same day), the course is cancelled free of charge and will be automatically credited to the student’s account. A new reservation can be made immediately through the course schedule.

In case of cancellation of a reservation within four (4) hours, the cancelled course is forfeited.

Only a medical certificate in the student’s name can make up for lost course credit.

Unless there is a technical problem, an automatic confirmation email is received after each course cancellation.

In case of cancellation of a course by Swim Stars, the course credit is automatically re-credited and the Customer can rebook the course.

9.1- PERIOD OF VALIDITY

The validity start date of a product corresponds to the date of purchase (for course cards or packages) or the invoice date chosen by the customer (for subscription).

Course cards (or packages) have a limited validity period, which is shown at the time of purchase.

You can compare offers.

9.2- DEFERRAL AND REIMBURSEMENT

Failure to use the course credits during its validity period will not result in a refund for such courses not used by the Customer.

The duration of the course cards (or packages) may be subject to a validity extension in case of possible exceptional pool closures (example: COVID 19), excluding summer vacations and Christmas period.

The validity date of a course card or subscription may be extended free of charge in case of physical fitness to practice sports for more than one (1) month. A written request must be made accompanied by a medical certificate specifying the duration of the inability to perform the swimming instruction activity. The request must be made before the end of the validity of the course credits. Otherwise, the application will be inadmissible.

In case of permanent closure of a pool in our network, the customer can benefit from a credit valid for 1 year and refundable beyond this period if no pool has reopened within a radius of 15 kilometers from the location of the previously closed pool.

Any refund request following a permanent closure of a pool while another pool is less than 15 kilometers away will be systematically rejected. A credit may be granted at the discretion of customer service.

Any request for reimbursement after a temporary closure of the pool (governmental measures, decision of the partner …) will be rejected, the customer will benefit exclusively from a suspension or postponement of the course free of charge.

In the event of a move, a subscription contract may be terminated early with proof (employer’s certificate, lease) if the network groups are not accessible within a radius of 15 kilometers.

Also in the event of a move, the remaining credits in a course package will not be subject to refund.

Swim Stars may add or remove new features at any time. Modification of the schedule or activity does not involve a refund (unless withdrawn in time) because new time slots are added on a regular basis.

10- LOGISTICAL AND TECHNICAL RESPONSIBILITIES

Swim Stars acts as a service provider subject to the exclusive obligation of means and can in no way replace the responsibilities of the customer.

11- RIGHT OF WITHDRAWAL

When you purchase a course card (or package), under Article L.121-20 of the Consumer Code, you have a period of fourteen (14) clear days to exercise your right of withdrawal without having to justify reasons or pay withdrawal penalties. In the event that you decide to take a first course before the end of the said period of fourteen clear days, you will no longer be able to exercise your right of withdrawal.

The aforementioned period begins upon acceptance of the offer by the Customer.

The withdrawal period for a subscription is fourteen (14) clear days, under the same conditions as set forth above.

Your withdrawal request must be sent in writing expressing your will to withdraw in the tchat of the pool where you take the lessons. You will find the tchat by choosing the pool where you bought www.swimstars.es by clicking on “Pool sheet”. The tchat window is at the bottom of the page on the right.

Any withdrawal made in accordance with the terms of this Article 11 will give rise to a refund of all sums paid no later than fourteen (14) days from receipt of your email or mail.

However, it is specified that a total or partial payment error of a promotional item cannot be refunded. The compensation of a promotional purchase is subject to acceptance by the customer service department and may be made exclusively in the form of a credit note for an amount identical to the amount paid.

12- CONDITIONS FOR TERMINATION OF THE CONTRACT (SUBSCRIPTIONS)

The Customer has the possibility to terminate his contract according to the general conditions mentioned in the contract by sending a simple message on the tchat of the pool where he takes the lessons. You will find the tchat by choosing the pool you are subscribed to by clicking on “Pool sheet”. The tchat window is at the bottom of the page on the right.

Payment for each month initiated is due in full.

Termination will be effective upon receipt of the termination request with fifteen (15) days’ notice prior to the anniversary date. Termination shall be effective at the end of its commitment date, as part of a commitment subscription, or at the earlier date, as part of a non-commitment subscription, as well as under a commitment subscription beyond the commitment period.

13- ORDER TESTING / ARCHIVING

You are expressly informed that, unless there is a manifest error that you can prove, the data stored in Swim Stars’ databases have probative value in relation to the orders placed.

Data on regularly stored computer or electronic media constitutes admissible and enforceable evidence on the same terms and with the same probative force as any document that would be received and retained in writing.

14- DISPUTE AND LIABILITY

This contract is subject to Spanish law.

Swim Stars’ liability would be excluded, in particular, in case of breach of contract for reasons of: (i) a case of force majeure, as defined in the Spanish legislation in force; (ii) a fault committed by the Client or (iii) the occurrence of an unforeseeable and insurmountable event caused by a third party to the contract.

15- PROTECTION OF PERSONAL DATA

By registering on the Site, you agree to provide true and accurate information about yourself, thus enabling the proper performance of the service. The communication of false information contravenes these general conditions and may result in legal consequences.

By creating an account, you authorize Swim Stars to collect, process and use the information provided in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).

Swim Stars is responsible for the treatment of the personal data provided by you and guarantees that they will be treated confidentially and only for the intended purposes, such as the provision of the contracted services, the communication of relevant information, or the realization of promotional campaigns as long as you have given your consent.

You have the right to access, rectify, delete, limit the processing, oppose to the processing and to object to the processing of your personal data, in accordance with the provisions of the RGPD. To exercise these rights, you can send a request to the email: hello@swimstars.es, clearly indicating your request. In addition, you have the right to file a complaint with the Spanish Data Protection Agency (AEPD) if you consider that your rights have not been respected.

In case you have given your explicit consent, Swim Stars and its business partners may send you promotional information by e-mail or telephone. These partners have been rigorously selected based on the quality of their products and services, as well as their commitment to privacy and data protection. If at any time you wish to stop receiving these communications, you may do so through the unsubscribe link included in each communication or by sending an email to hello@swimstars.es.

We also inform you that the site uses cookies that store information on your device to improve the user experience, generate usage statistics and offer products or services related to your interests. These cookies do not contain confidential information. You can manage or disable cookies through your browser settings. For more information about the use of cookies, please see our Cookie Policy.

16 – COMPLAINT HANDLING / MEDIATION

Recourse to customer service: In case of disagreement/dispute regarding a service or product related to Swim Stars, the consumer customer can send a reasoned complaint to our customer service:

By mail: SWIM STARS ESPANA, Av. Diagonal, 534 – 08006 – Barcelona

By message: You will find the tchat by choosing the pool where you bought, by clicking on “Pool sheet”. The tchat window is at the bottom of the page on the right.

To resolve a dispute following a purchase made on Swim Stars, the consumer can also use the mediation platform of the European Union accessible through the following form: Access the mediation form

17 – DISCOVERY COURSE

The discovery course is valid only for all new customers and can only be purchased once.

18 – PRIVACY POLICY

Swim Stars complies with the General Data Protection Regulation (GDPR) and applicable Spanish legislation to ensure the protection of your personal data.

Data Controller: SWIM STARS ESPAÑA SL, Av. Diagonal, 534, Barcelona, Spain.
Purpose: To manage orders, reservations, communications, and comply with legal obligations.
Legal Basis: Execution of contract, consent and compliance with legal obligations.
Retention: Your data will be stored for as long as necessary for the purposes indicated.
Rights: Access, rectification, deletion, limitation, portability, and opposition. You can exercise them by writing to hello@swimstars.es.
Security: We apply technical and organizational measures to protect your data.
Cookies: This site uses cookies to enhance your experience. See the Cookie Policy on the site.

For more information, please contact us at hello@swimstars.es.

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