General Terms and Conditions

PREAMBLE - DEFINITIONS

The following terms, when used with a capital letter in these General Conditions of Sale (hereinafter referred to as “GCS”), shall have the following meaning:

– Swim Stars: refers to the brand and head of the network that manages the “Swim Stars” brand, responsible for the coordination of the network, the provision of digital tools and the pedagogical method. Swim Stars is not the service provider unless expressly mentioned at the time of purchase.

– Provider structure: refers, as the case may be, to a branch directly managed by Swim Stars, or to an affiliate, a legally independent entity that provides Swim Stars services within the framework of an affiliation contract. This structure is the one that actually provides the classes to the Client.

– Customer: any natural person who has contracted a swimming service (individual lesson, pack, subscription, intensive course) offered under the Swim Stars brand.

– Bsport platform: digital management tool for Swim Stars services, allowing online registration, booking and payment. Accessible at www.swimstars.es and on local platforms.

– Class / Session: group or individual swimming session supervised by a Swim Stars coach, at a specific place and date.

– Discovery Class: first session offered at a reduced or free rate, accessible only once per Client, under specific conditions.

– Pack: grouped offer of several classes at a preferential rate, to be used within a certain period of time.

– Subscription: recurring formula with a fixed or indefinite duration, with or without an initial commitment, which allows access to a number of classes per 4-week period.

– Intensive course: intensive session organized over several consecutive days, usually during school vacations.

– Reservation: action of scheduling participation in a class through the Bsport Platform or through a local authorized interface or representative.

These Terms and Conditions apply to all services offered under the Swim Stars brand, whether operated by a Swim Stars branch or by an independent affiliate.

They regulate the relationship between the Customer and the provider structure with which the purchase has been made.

Any purchase of a Swim Stars service, regardless of the channel used (Bsport Platform, telephone, box office or other), implies full and unreserved acceptance of:

– these GCS,
– the General Conditions of Use of the Bsport Platform,
– and the internal regulations of the establishment where the activity is carried out.

Swim Stars acts exclusively as a brand and network head, and cannot be considered as a direct provider unless expressly mentioned at the time of purchase.

The service provider is, as the case may be:

– either a Swim Stars branch directly managed by Swim Stars, – or an affiliate, operating locally under an affiliation agreement.

The name of the provider structure (branch or affiliate) is indicated at the time of purchase through the Bsport Platform, and appears on the order confirmation or on the invoice.

Swim Stars is never part of the service contract, unless explicitly stated at the time of purchase.

Consequently, any request concerning the execution of the service (complaint, cancellation, refund, etc.) must be addressed directly to the designated provider structure.

The Customer may purchase one of the following services, depending on availability:

– an individual class, – a Pack (e.g. 6 or 10 classes), – a Subscription, with or without commitment, – an Intensive Course, – a Discovery Class (offer limited to one time per Client).

The purchase can be made:

– directly online through the Bsport Platform, – or through an authorized representative (ticket office, telephone, service point…).

The purchase of a service automatically implies acceptance of:

– these General Terms and Conditions of Sale, – the General Terms and Conditions of Use of the Bsport Platform, – and the specific conditions applicable to the chosen formula (in particular, duration of validity and possible compromises).

The Customer is responsible for the accuracy of the data provided (identity, time slot, type of service, etc.). No refund can be claimed in case of error not notified before the validation of the purchase.

Prices are indicated in euros (€), all taxes included (VAT), applicable according to the place where the service is provided.

Prices are available:

– on the Bsport Platform,
– and/or on the local information supports of the provider structure.

Each structure (branch or affiliate) is free to set its own rates, depending on the geographical area, type of pool, schedules and operating costs.

There may be price variations between pools, formulas or periods. One-time promotions may also be offered, either locally or nationally.

The number of classes included in a subscription varies according to the chosen formula (e.g. 2, 4, 8 or 16 classes per 4-week period). This information is specified at the time of purchase.

Payment for services is made by default through the Bsport Platform, through secure payment by credit card, processed by the Stripe solution.

Depending on the facility or provider structure, other local payment methods may be offered, such as bank transfer or cash payment, always under the direct responsibility of the corresponding member.

The availability of these options is indicated at the time of purchase.

The payment is made either by the provider structure (affiliate or branch) or by Swim Stars, depending on what appears during the purchase process on the Bsport Platform.

Swim Stars does not store any bank details. All payments are processed in an encrypted environment and according to European security standards.

Any payment incident or dispute should be addressed directly to the designated lending structure.

Each reservation is personal and non-transferable and must be made by the Client through the Bsport Platform or with the assistance of an authorized representative of the provider structure.

Reservations can be modified or cancelled free of charge up to 4 hours before the scheduled start of the class.

After this period:

– the class is considered completed,
– it will be automatically deducted from the Customer’s pack or subscription,
– no changes or refunds will be accepted.

The Customer is solely responsible for managing his reservations. He/she must carefully verify the data entered (date, time, location) and make sure to attend on time.

7.1 - Cancellation by the Client

The Client may cancel his/her reservation up to 4 hours before the beginning of the class without penalty.

After this deadline, or in case of unjustified absence, the class is lost and cannot be refunded or rescheduled.

In case of exceptional closure or unforeseen events beyond the control of the provider structure (technical problems, strikes, staff unavailability, meteorological phenomena…), the class may be:

– rescheduled to another date,
– replaced by a voucher or refund, as the case may be.

In case of prolonged closure of the center, the provider structure may relocate the pending classes to another swimming pool located within a maximum radius of 15 km.

The Customer expressly accepts this transfer, provided that an equivalent timetable is proposed. In case of unjustified refusal, the lessons will be considered used.

8.1 - Duration of validity of services

Unless otherwise indicated, the services purchased are valid for a limited period of time, as follows:

– Discovery Class: 1 month from the date of purchase,
– Pack of 6 classes : 3 months from the date of purchase,
– Pack of 10 classes : 5 months from the date of purchase,
– Subscription : each class generated is valid for a maximum of 2 months; then it expires automatically.

These durations are clearly indicated in the Client’s personal area on the Bsport Platform.

The Client can purchase an extension option (before the expiration date of his pack) which allows him to extend the validity of his lessons.

This extension is for a limited period and is not retroactive.

Services are non-refundable, except in the following exceptional cases and upon presentation of a valid receipt:

– serious illness or accident that prevents swimming during the remaining period,
– professional transfer more than 50 km from the pool,
– death (with documentation presented by the heirs).

No reimbursement will be granted in the following cases:

– absences for personal reasons,
– vacations,
– refusal to accept transfer to an equivalent pool within the planned radius.

Swim Stars subscriptions are contracted for periods of 4 weeks and are automatically renewed at the end of each cycle, unless previously cancelled by the Customer.

9.1 - Notice period and procedure

Cancellation is possible:

– at any time, for subscriptions without commitment,
– at the end of the commitment period, for subscriptions with initial commitment.

In all cases, the Customer must observe a minimum notice period of 28 days (4 weeks).

The cancellation shall take effect at the end of the current cycle, provided that such notice has been respected.

To cancel a subscription, the Customer must contact directly the pool where they receive their lessons by sending:

– a message via the chat available on the relevant pool page at www.swimstars.es,
– or an e-mail to the address listed in the contact icon on that page.

The sending of a confirmation message (email or notification) constitutes valid proof of the request.

Early cancellation before the end of the commitment is only allowed in cases of force majeure, such as:

– serious illness or prolonged incapacity (medically justified),
– job transfer,
– loss of employment (with official certificate),
– medically contraindicated pregnancy,
– death.

Supporting documentation will be required. The lending structure will evaluate the application and reserves the right to reject it if it is not considered valid.

In accordance with Spanish legislation on consumers and users, the Customer has a period of 14 calendar days from the date of purchase online to exercise their right of withdrawal, without the need for justification or penalty.

The request must be made in writing or through the standard form available online.

Any order made during this period implies the express waiver of the right of withdrawal.

The Client accepts that, if he/she attends a class before the expiration of the term, he/she will not be entitled to a refund at a later date.

This right does not apply to:

– legal entities (companies),
– purchases made outside the Internet (e.g. at the box office or physical points of sale).

Swim Stars acts exclusively as a brand and network leader, responsible for the platform, the coordination of the pedagogical method and general communication. It is not the service provider, unless expressly indicated at the time of purchase.

The lesson service is provided by the structure designated at the time of purchase (affiliate or branch). This structure is solely responsible for the correct execution of the services: availability of the pool, presence of the pedagogical team, compliance with safety regulations, etc.

Swim Stars is not responsible in any case for:

– incidents occurring during a class,
– the unavailability of a schedule or pool,
– the interruption of the activity by an affiliate or provider.

In cases where Swim Stars acts directly as a provider, its liability is limited to the value of the services paid for and not used, excluding any indirect or consequential damages.

Every provider structure must have professional liability insurance to cover its activity.

In compliance with the General Data Protection Regulation (RGPD) and Spanish regulations (AEPD), personal data collected during registration or use of the Bsport Platform are processed by the provider structure (affiliate or branch) as data controller.

Swim Stars can intervene as a technical processor, or as an independent controller for purposes related to brand management and network communication.

Swim Stars is exonerated from any responsibility regarding local treatments (customers, reservations, payments…).

The Customer has the right, under current regulations, to:

– access, rectify, delete or transfer your data,
– oppose their processing for commercial prospecting purposes.

These rights can be exercised by contacting the provider directly.

In France, processing operations are supervised by the CNIL.
In Spain, by the Spanish Data Protection Agency (AEPD).

Any complaint related to a service must first be addressed to the provider structure with which the service was contracted.

In the event of failure to reach an amicable solution, the Customer may turn to a consumer mediation body, in accordance with local regulations:

– In France: FEVAD or AME Conso(mediationconso-ame.com)
– In Spain: regional mediation mechanisms will apply, depending on the Autonomous Community. The Customer may request information on the competent body through the official consumer website.

The European online dispute resolution platform is also available: https://ec.europa.eu/consumers/odr.

14.1 - Discovery Offer

A discovery class offer can be made available to any new Customer, with a price freely set by the provider structure (free or at a reduced rate).

This offer is limited to one use per person per structure.

It cannot be reinstated after the purchase of another pack or subscription.

The Customer can benefit from a parrainage program under the conditions published on the website:

– the godchild usually gets a discount on his or her first purchase,
– the sponsor may receive a voucher or credit usable on future purchases.

Details(amount, duration, eligibility) are communicated online and are subject to change without notice.

Local or national promotions (discount codes, special packs, intensive courses at reduced prices, etc.) may be offered from time to time.

These offers are valid exclusively under the conditions and dates indicated on the Bsport Platform or on Swim Stars’ official communication channels.

These GCS are governed by the laws of the country in which the service is provided:

– For services provided in France: French law applies, and the competent courts shall be those of the place of provision or of the Client’s domicile, in accordance with the Consumer Code.
– For services provided in Spain: Spanish law applies, and the territorial jurisdiction shall be that of the domicile of the consumer or that of the place where the service is provided, as the case may be.

SPAIN

– Applicable law: Spanish law

– Consumer mediation: according to the corresponding Autonomous Community.

– Data Protection Authority: Spanish Data Protection Agency (AEPD).

– Applicable law: French law

– Consumer Mediator: AME Conso or FEVAD

– Data protection authority: CNIL

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