General terms and conditions for renting pools
These general terms and conditions apply to the rental of pools at Geusseltbad.
General
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- Use provider: Geusseltbad Maastricht.
- User: an association, company, educational institution, organization or other type of institution, or a natural person, who has entered into a user agreement with the use provider.
- User agreement: the agreement between the use provider and the user regarding the use of the use object, including all associated appendices, including these general user conditions.
- Accommodation: the swimming pool complex including outdoor pool and sunbathing area, called Geusseltbad, located at Discusworp 4, 6225 XP in Maastricht. The catering is outsourced to an external party and as such is not part of these conditions.
- Usage object: the swimming pools within the accommodation as stated on the reservation confirmation, including the swimming pool-related facilities required for this.
- (Frame) members: anyone who is designated as a member or affiliate with the user or is involved as a frame member or otherwise fulfills a role/function with the user.
- Staff: employees of Stichting Personeelsbeheer Sport, the municipality of Maastricht, or third parties engaged by it.
- Usage hours: the time period as stated in the reservation confirmation, during which the user is entitled to use the use object.
- Swimming pool-related facilities: these include changing rooms, lockers, showers, toilets and the corridors from the entrance of the accommodation to the swimming pool.
- Standard fixed equipment: these include the lazy stairs, the swimming pool lift, family slide, underwater lighting, screens, starting blocks, movable floor, fixed grandstand competition pool, as far as available and standard belonging to one of the swimming pools.
- Standard loose equipment: these include the movable lazy stairs, the mobile swimming pool lift, training lines, shower wheelchairs as far as available and standard belonging to one of the swimming pools.
- Exclusive facilities: these include diving boards, competition lines, water polo goals, electronic timing, LED screen, electronic scoreboard, false start lines, turning point lines, jury/competition management fencing, jury room, floating devices, trampoline, mobile slide.
- Reservation confirmation: the overview in which the use by the user of the use object is recorded, including the period(s), time slots, costs and any special features.
- MIVA facility: the changing room specially designed for people with disabilities.
- WHVBZ and BHVBZ: the Hygiene and Safety Swimming Pool Facilities Act and the associated Amendment Decree Hygiene and Safety Swimming Pool Facilities.
- Self-monitoring: monitoring during regular usage hours/moments of the user, whereby the user is responsible for providing qualitatively and quantitatively sufficient supervision at their own expense and responsibility in the sense of article 25 Decree hygiene and safety swimming pool facilities (BHVBZ).
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Geusseltbad reserves the right to amend the general terms and conditions for the use of municipal sports facilities at any time. If such changes occur, Geusseltbad will inform the users of the facilities. The user may then terminate the agreement without further obligations, effective from the date on which the change takes effect.
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Your first point of contact is the Rental Team. The team can be reached via verhuur.geusseltbad [at] maastrichtsport.nl (verhuur[dot]geusseltbad[at]maastrichtsport[dot]nl) or by phone at 043–350 4500 during office hours, Monday through Friday from 8:30 a.m. to 4:00 p.m. If you make contact outside of these hours, you will receive a response on the next working day.
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All rights arising from radio and television broadcasts related to the accommodation are reserved by the use provider, unless otherwise agreed in writing.
Reservations
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A facility can be requested via the rental portal on our website. To do so, you will need a login.
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It is possible for the user to place an option for a usage time slot. If this option is not confirmed at least 30 days prior to the intended usage, it will automatically expire.
- An agreement for the use of a storage space/pool/usage object/etc. is established based on a signed request submitted by the user and the issuance of a signed reservation confirmation by Maastricht Sport.
- All associated appendices, including these general user terms and conditions, remain applicable.
- The user agreement may be cancelled in writing within 14 days of the confirmation being sent, without further obligations.
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- The use provider is not obliged to fulfill the user agreement if use cannot take place due to disruptions or emergencies. The use provider will not charge the agreed fee for the usage hours during which the user was unable to use the usage object. Disruptions or emergencies include, but are not limited to:
- An unexpected drop in water and/or ambient temperature
- Maintenance, repair, or renovation work carried out or commissioned by the use provider
- An epidemic or pandemic, or any other external circumstance that obliges the use provider to close the facility or renders use impossible or prohibited
- Additional consequences and measures resulting from the 2020 coronavirus crisis that prevent use as originally reserved
- In the cases mentioned under item a of this article, the use provider will consult with the user about possible alternatives, such as using a different pool or rescheduling the activity, if feasible. No rights may be derived from this by the user.
- The use provider will attempt to inform the user in a timely manner if a situation as described in item 1 of this article arises, unless time constraints make this impossible. In such cases, the use provider will inform the user's (frame) members upon arrival at the facility. If the usage object can still be used safely—albeit with inconvenience—the user will decide whether use is desirable.
- The use provider is not liable for any damages suffered by the user or third parties resulting from the inability to use the usage object, unless the use provider is guilty of gross negligence or serious misconduct. The situations described under item 1, which are not exhaustive, will in any case be considered force majeure.
- The use provider has the right to deny the separately agreed usage per time slot, as recorded in the user agreement, up to two times per season. In such cases, the use provider must inform the user in a timely manner. Public holidays, days with adjusted opening hours, and days with modified programming do not count toward this denial, nor do the situations described under item 1 of this article.
- If the user cancels one or more usage moments, as recorded in the reservation confirmation, in writing at least 30 days in advance, no costs will be charged for the cancelled use. If the cancellation occurs less than 30 days before the agreed usage, the full usage fee as stated in the reservation confirmation will be charged.
- The use provider is not obliged to fulfill the user agreement if use cannot take place due to disruptions or emergencies. The use provider will not charge the agreed fee for the usage hours during which the user was unable to use the usage object. Disruptions or emergencies include, but are not limited to:
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- The user agreement between the use provider and the user ends without requiring notice in the following cases:
- In the event of bankruptcy or suspension of payment of the user, or the filing of such a request
- In the event of loss of legal personality, dissolution, or liquidation of the user
- If the user has in fact ceased its (association) activities
- In anticipation of any of the situations listed under 1. through 3. above, the user hereby waives all rights it may assert against the use provider under this agreement.
- In addition to the above, the user agreement shall automatically terminate on the date the relevant sports season ends. A user agreement is never entered into for a period longer than one season.
- As of the termination date of the user agreement, the use provider will block the issued access passes, rendering them unusable by the user. Fees charged for the issuance of access passes will not be refunded.
- Before the end of the user agreement, the user must remove any items belonging to them—such as (sports) equipment and tools—from the designated areas of the facility.
- Items that are evidently abandoned by the user by leaving them behind after the end of the user agreement may be removed and, if necessary, destroyed by the use provider at the user's expense. In such cases, the user is not entitled to compensation for any damage and/or proceeds related to the items in question.
- The user agreement between the use provider and the user ends without requiring notice in the following cases:
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- The fee owed by the user for the use of the usage object is calculated based on the rental rate overview. The specific fee to be paid by the user for the intended use is stated in the reservation confirmation.
- The use provider invoices the user monthly, after the usage has taken place. The use provider prefers that the user pays the fee via direct debit. Before the fee is debited, the user will receive a usage specification by email.
- In the event of an overrun of the agreed usage time by more than 15 minutes—permitted by the use provider—the user must pay the applicable rate, with a minimum charge of half an hour.
- Rates are adjusted annually on January 1st based on the price index figure. The municipality of Maastricht reserves the right to implement rate changes (including for ongoing agreements). In the event of a rate increase (other than the annual indexation), the user may terminate the user agreement in writing, effective from the date the rate change takes effect, without further obligations.
- If the user fails to pay the usage costs on time, statutory interest will be charged. In the event of a formal notice of default, statutory extrajudicial collection costs will also apply. If the user still fails to pay, access to the facility will be denied. This does not release the user from their payment obligation.
Use
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- The use provider grants the user the right to use the usage object.
- The user is entitled to use the usage object on the dates and during the time slots specified in the reservation confirmation.
- Preparing the pool and/or pool deck before the user’s activity, as well as tidying up afterward, must take place within the reserved time slot.
- The use of swimming pool-related facilities is non-exclusive, meaning they may also be used by individuals not affiliated with the user.
- The user is not permitted to use the usage object in any way other than as described in this article.
- The user is not permitted to sublet or otherwise transfer the usage object to third parties under any title.
- The user is not permitted to allow persons other than their (frame) members to access the usage object without prior written consent from the use provider.
- The use must not conflict with any law, regulation, permit, or other governmental provisions.
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- Opening and closing of the facility, including all individual areas, is carried out by the use provider.
- Only the use provider is authorized to grant visitors access to the facility.
- Use by the user is not permitted on dates and times when the Geusseltbad is closed or operating under an adjusted schedule. These times are listed on our website.
- The user must purchase access passes that allow their members/affiliates to access the usage object. If their (frame) members are unable to use an access pass, the user may consult with the use provider to arrange an alternative method of access.
- The user owes a fee to the use provider for each access pass issued. The applicable costs are listed in the rental rate overview.
- The use provider is authorized, without prior notice, to deny access to (frame) members who cause offense, disrupt order, endanger their own or others’ safety, or act in violation of the user agreement or general terms and conditions. Such individuals must be removed from the facility by the user. If this does not occur, the use provider will take action.
- (Frame) members of the user who have been denied access by the use provider and/or the user are not permitted to enter the facility, even during the user’s reserved time slots. Their access pass will be blocked in such cases.
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- During the usage time slot of the usage object—and the time needed for changing clothes—a representative of the user must be present in the facility. This person serves as the point of contact for the use provider and third parties, must be at least 18 years old, and must be able to provide identification.
- The use provider is responsible for ensuring that, in accordance with the WHVBZ (Dutch Swimming Facilities Hygiene and Safety Act) and any related or resulting regulations, qualified supervisors are present during usage hours and that all other required safety measures are in place.
- If the user is responsible for supervision, the provisions for self-supervision apply.
- The user is responsible for supervising safety, orderly use, and proper conduct regarding the facility, rooms, and inventory made available—excluding supervision at the pools.
- The user is familiar with the house rules of the Geusseltbad and is responsible for ensuring compliance with them.
- The use provider and any persons authorized by the use provider always have access to the usage object.
- Instructions from the use provider’s staff must be followed immediately by the user.
- The user must leave the facility in the same condition as it was found at the start of the usage.
- The user must use the facility with due care and diligence.
- The user is required to take necessary measures to prevent disproportionate pollution of the facility, including the pool water. Any cleaning and waste disposal costs resulting from failure to meet this obligation will be charged to the user.
- The user must ensure that emergency exits and emergency equipment (such as fire extinguishers and AEDs) are not obstructed by personal belongings of their members/affiliates or by materials used by the user.
- The user is not permitted to have environmentally hazardous, foul-smelling, flammable, or explosive substances in, on, or near the facility.
- The user must not place loads on the facility’s floors that exceed the structural load-bearing capacity.
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- Be present in areas other than those specified in the user agreement.
- Make alterations or install fixtures in, on, or around the facility or its immediate surroundings.
- Change the settings of technical installations.
- Advertise, distribute or sell flyers, badges, lottery tickets, etc., or have them distributed or sold. The sale of lottery tickets during events or competitions organized by the user is permitted.
- Organize or conduct collections.
- Provide, sell, or allow the consumption of food and beverages within the facility.
- Consume food and/or beverages purchased in the catering area outside of that designated area.
- Bring vehicles into the facility, except for those necessary for persons with physical disabilities, strollers, or for transporting compressed air tanks. These must be stored in the designated area within the beauty space.
- Place or have placed signs, banners, advertising (lighting), or other objects of any kind in, on, or around the facility, except in designated areas.
- Wear outdoor footwear beyond the point where the shoe path transitions into the barefoot area.
- Leave behind materials and/or waste in any part of the facility.
- Use or store personal materials or tools (or those belonging to third parties) within the facility.
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- The user must preferably use the group changing rooms, provided they are available. If there are reasons not to do so, this must be discussed with the use provider.
- The use provider will publish within the facility which group changing rooms are to be used by the user.
- The use provider will ensure that the group changing rooms are opened in a timely manner.
- The user must ensure that all personal belongings of their (frame) members are stored in the designated lockers. The use provider reserves the right to remove personal items left unattended in the changing rooms. If the user has reasons not to use the lockers, this must be discussed with the use provider.
- Use of the accessible (MIVA) facilities is reserved for individuals who, due to a disability, are unable to use a regular (family) changing cabin. Use is only permitted with the consent of the use provider.
- Use of the changing rooms is permitted from 15 minutes before the start of the reserved usage time until a maximum of 15 minutes after the end of the usage, as stated in the reservation confirmation. In special cases, deviations from this may be allowed with the consent of the use provider.
- The user is jointly responsible for the proper use of the changing facilities.
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Use of the usage object includes the use of standard fixed and movable equipment. Use of standard movable equipment must be requested in advance and in a timely manner. Use of exclusive facilities is not included and must also be requested in advance. Use of such equipment and facilities is only possible insofar as they are available and operational. Use of exclusive facilities requested by the user will be recorded in the reservation confirmation or, in the case of competitions, events, etc., in an event plan. The costs for using exclusive facilities are listed in the rental rate overview.
- Use of the standard fixed and movable equipment as well as the exclusive facilities is at the user’s own risk.
- All standard fixed and movable equipment and exclusive facilities must be returned to their designated locations within the agreed usage period, or be left ready for the next use.
- Materials may only be used for their intended purpose.
- In the event of damage to or loss of standard fixed and movable equipment or exclusive facilities—caused by the actions or omissions of the user or their (frame) members—the costs of repair or replacement will be charged to the user.
- Standard fixed and movable equipment and exclusive facilities may only be used by the user if their (frame) members are authorized to use them or have been properly instructed by the user.
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- Use of a storage space is linked to the seasonal period of the Geusseltbad. This period begins at the start of the school year for Maastricht primary schools after the summer holidays and ends on the final day of the following summer holiday.
- Storage space may only be used by organizations that also reserve swimming pool hours for an entire season.
- The maximum usage period is one seasonal period. After this period, continued use may be arranged.
- Use of a storage space is only possible if space is available.
- Use is only permitted if the applicant has received written confirmation (agreement) from Maastricht Sport.
- Staff of Maastricht Sport always have access to the storage space.
- A fee is owed for the use of the storage space. See the rental rate overview.
- The user must use the space with due care and diligence.
- The space must be arranged in such a way that cleaning is possible. Occasionally, the space must be completely cleared to allow for thorough cleaning.
- Use of the storage space is only permitted during the times when the user also has access to the swimming pool.
- If no supervisor from Maastricht Sport is present in the pool area, the pool hall (and therefore the storage space) may not be entered. In such cases, the user must report to the information desk.
- If the user wishes to access the storage space outside of their reserved pool times, they must request permission at the Maastricht Sport information desk.
- It is not permitted to store materials in the storage space other than those necessary for use in the Geusseltbad. Storing food/drinks, hazardous substances, etc., is prohibited.
- The user is advised to arrange adequate insurance (including coverage for fire, theft, and liability).
- The user may not claim any compensation for damage resulting from the use of the storage space, including injury, damage, or loss of property. The user shall also indemnify Maastricht Sport against any third-party claims related to such damage arising from the use of the storage space.
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If the user fails to submit an event plan to the use provider prior to the usage time, the use provider has the right to cancel the usage without refund.
- In the case of competitions, events, or other special uses of the facility, the user is required to verify whether the user permit of the Geusseltbad is sufficient to allow the activity to take place. If this is the case, the user must consult with the use provider at least 30 days prior to the event to jointly prepare an event plan based on a standard questionnaire. This plan will outline the tasks and responsibilities of both the user and the use provider.
- If the user permit of the Geusseltbad is not sufficient, the user is responsible for applying for any additional permits or approvals. This includes, but is not limited to, a safety plan or modifications to the technical setup.
- If the user wishes to make use of additional facilities at the Geusseltbad for the activities mentioned in this article—such as the meeting centre, jury room, catering, waiting area, furniture, etc.—these must be requested at the same time as the request to use the usage object. Use is only possible insofar as these facilities are available. The terms of use, including any costs, will be discussed between the user and the use provider.
- The risk of not obtaining the required permits/approvals or additional facilities in time lies with the user.
- If the time slot specified in the user agreement proves insufficient to complete the activities mentioned in this article, the user must consult with the use provider to determine whether an extension is possible. The user is responsible for any additional costs incurred and will receive a cost estimate from the use provider upon request.
- All additional aspects related to the activities mentioned in this article will be recorded in a separate document.
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- If the user has purchased instruction services from the use provider, this will be stated in the reservation confirmation. In that case, the use provider is responsible for the quality of the instruction.
- If the user provides the instruction themselves, the user is responsible for its quality. In such cases, the general terms and conditions for self-supervision apply.
Use with self-supervision
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- By council decision dated 1 March 2016, reference number 2016-07253, the municipal council of the municipality of Maastricht decided that users are permitted to apply self-supervision.
- Without prejudice to the provisions of Article 5, paragraph b, of PART A of the general terms of use, the use provider offers the user the option of self-supervision.
- In the context of self-supervision, the user must at all times meet at least the requirements and conditions as further detailed in PART B of the general terms of use.
- The use provider will not deploy supervisor(s) during the user’s reserved time slots for which the user is responsible for self-supervision, unless the parties have explicitly and in writing agreed otherwise for one or more usage moments.
- With regard to the user’s obligation to provide adequate supervision, the use provider applies the general principle that the supervisors deployed by the user must meet the requirements and conditions established by the use provider, which are further described in the present PART B of the General Terms of Use.
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- Self-supervision is permitted in all pools. In the recreational pool, this is only allowed if the activities do not fall under recreational purposes. In addition to the first sentence, self-supervision in the care pool is only permitted if it concerns regular user groups. Therefore, self-supervision is not permitted in the care pool for user groups with elevated care needs and/or increased vulnerability, such as care organizations.
- Self-supervision is permitted during all usage moments of the user. This includes competitions.
- Self-supervision is not permitted during special usage moments of the user, such as events. If the parties disagree on whether an activity qualifies as a regular usage moment (e.g. training or competition) or a special usage moment (e.g. event), the judgment of the use provider is decisive.
- In the case of self-supervision, use of the high diving board in the combination pool is not permitted.
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- The user must ensure that, during all usage moments, there is sufficient qualitative and quantitative supervision in accordance with Article 25, paragraph 1, of the Dutch Swimming Facilities Hygiene and Safety Decree (Bhvbz).
- The following minimum requirements apply to supervisors deployed by the user during usage moments:
- Supervision must be provided in full compliance with the provisions of the Geusseltbad Supervision Plan.
- When applying for usage hours/moments for the new sports season—and if opting for self-supervision—the user must submit the following information and documentation for each supervisor they intend to deploy:
- Surname and initials
- Copy of a valid first aid certificate (EHBO), BHV, MFA, or medical equivalent
- Copy of a valid Certificate of Conduct (VOG)
- Copy of a valid certificate in “Swimming Rescue for Pools” that meets the minimum requirements of the Geusseltbad swim test
- Confirmation that the supervisor is familiar with the Supervision Plan and related documents
- The copies of the documents listed above must be clearly legible.
- Supervisors of the use provider may not begin supervisory duties until the user has fully submitted the required information and documentation as outlined above.
- The user is responsible for the accuracy of the information and documentation provided.
- If any changes occur during the season regarding the supervisors deployed by the user, the provisions of paragraphs 1 through 5 of this article apply accordingly.
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- The supervisors deployed by the user during usage hours/moments must meet the requirements and possess the (practical) knowledge and (practical) skills as outlined in the most recent Supervision Plan of the Geusseltbad.
- To clarify paragraph a of this article, the following minimum requirements apply—though not necessarily exclusively—to supervisors deployed by the user:
- Supervisors must be at least 18 years old.
- Supervisors must hold a valid first aid certificate (including AED use), BHV, MFA, or medical equivalent.
- Supervisors must possess a valid Certificate of Conduct (VOG) and comply with the swimming pool sector’s code of conduct.
- Supervisors must have successfully obtained the certificate “Swimming Rescue for Pools” and must complete a swim test, which serves as a demonstration of competence in swimming rescue. This swim test must be repeated annually and passed each time.
- In deviation from subparagraph b.2, first aid competence may also be demonstrated by submitting supporting documents in accordance with the examination regulations of Reddingsbrigade Nederland (attached as an annex), showing equivalent competence. The use provider has sole discretion to determine whether the submitted evidence demonstrates equivalent first aid competence.
- In deviation from subparagraph b.4, swimming rescue competence may also be demonstrated by submitting supporting documents (e.g. certificates or diplomas) showing equivalent competence. This also applies to the annual repetition of the swim test. The use provider has sole discretion to determine whether the submitted evidence demonstrates equivalent swimming rescue competence.
- For underwater sports associations, deviations from subparagraphs b.2 and b.4 apply: First aid and swimming rescue competence must meet the standards of the NOB, as described in the annexed documents “Practical Lessons – Specialization in Rescue” and the “NOB Swim Test.” These associations must also submit an updated addendum to the Geusseltbad Supervision Plan for approval by the use provider before the start of each new season. The use provider has sole discretion to determine whether the submitted evidence demonstrates equivalent swimming rescue competence.
- Supervisors must have sufficient knowledge of the Supervision Plan.
- Without prejudice to Article 6, paragraph 3 of PART B of these general terms of use, supervisors must be able to properly operate the drowning detection system in the combination pool and the competition pool.
- During supervisory duties, the user's supervisors must at all times:
- Strictly comply with the Supervision Plan, Emergency Plan, Evacuation Plan, the house rules of the Geusseltbad, and the swimming pool sector’s code of conduct.
- Follow instructions from authorized personnel of the use provider at all times, unless doing so would compromise adequate supervision.
- Wear recognizable and function-appropriate (corporate) clothing, subject to additional requirements set by the use provider.
- Be reachable at all times via radio, in accordance with protocol.
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- The use provider will supply the most recent versions of the Supervision Plan.
- The use provider will periodically organize information sessions for the user’s supervisors regarding the content of the Supervision Plan.
- The use provider will make the drowning detection system available to the user in both the combination pool and the competition pool. This system must explicitly be regarded as a support tool and not as a substitute for sufficient quantitative and qualitative supervision. The use provider offers no guarantees regarding the actual availability of the drowning detection system. If the system is unavailable during one or more usage hours, the user is not entitled to a (partial) refund of the fee as referred to in the Compensation section of these general terms and conditions.
- The use provider will periodically organize information sessions for the user’s supervisors regarding the operation and use of the drowning detection system.
- The use provider will periodically organize evacuation drills in the Geusseltbad building
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- The use provider will monitor the user’s compliance with the requirement to provide adequate supervision (“supervision of supervision”). This includes, at a minimum:
- Administrative checks, during which the use provider verifies the completeness and accuracy of the information and documentation submitted by the user as referred to in Article 5, paragraph b, subparagraph 2, of the general terms for self-supervision.
- On-site checks during supervisory duties, during which designated staff of the use provider assess whether the user is providing sufficient qualitative and quantitative supervision.
- The provisions of paragraph a of this article do not affect the responsibilities and obligations of the user regarding the provision of adequate supervision, as set out in Article 25, paragraph 1, of the Dutch Swimming Facilities Hygiene and Safety Decree and as described in these general terms of use.
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- The use provider reserves the right to unilaterally terminate the user’s option for self-supervision—either temporarily or permanently—with immediate effect, if in the opinion of the use provider:
- There is insufficient supervision by the user, resulting in inadequate safety for the user’s members, clients, and/or customers.
- The user fails to comply with the rules, requirements, and conditions for self-supervision as set out in these general terms of use, thereby compromising the safety of their members, clients, and/or customers.
- If the use provider terminates the option for self-supervision, the user agreement between the parties shall otherwise remain fully in effect. The parties will then consult as soon as possible regarding the (potential) availability and actual deployment of supervisors employed by the use provider for the user’s activities.
- During the period referred to in paragraph b, in which no supervisors from the use provider are available, use of the facility is not permitted. The user’s reserved time slots will lapse during this period, and no fee will be owed—provided that supervision is not hired from the Geusseltbad.
- If the use provider terminates the option for self-supervision as described in this article, and it is determined that supervisors from the use provider are structurally unavailable during the user’s reserved time slots, the entire user agreement may be terminated by the use provider. In such a case, the user will no longer be entitled to the reserved time slots.
- If the use provider terminates the option for self-supervision, the user will no longer be entitled to the discounted hourly rate as listed in the rental rates.
- The use provider reserves the right to unilaterally terminate the user’s option for self-supervision—either temporarily or permanently—with immediate effect, if in the opinion of the use provider:
Obligations and liability
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- The house rules of the Geusseltbad form part of these terms and conditions.
- The user shall comply with all instructions regarding use and safety issued by the use provider and its staff, as well as with all general and specific legal regulations or other applicable provisions governing the use of a swimming facility such as this one—including, but not limited to, fire (department) regulations.
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- The use provider is not liable for any damage to the user, their (frame) members, or any third parties present in the facility on behalf of or through the user—and/or their belongings—as a result of using the facility or its associated amenities, except in cases of intent or gross negligence on the part of the use provider.
- The user indemnifies the use provider against any third-party claims arising from damage related to the use of the facility, including but not limited to injury, damage, loss of property, removal from the facility, or fines resulting from the user’s activities.
- The user is liable to the use provider for any damage caused to the facility and/or its amenities, unless the user can prove that neither they, nor the persons they admitted to the facility, nor those for whom they are responsible, are at fault or can be held negligent in this regard.
- The user must take out liability insurance with sufficient coverage, including coverage for damage to their (frame) members in connection with the use of the facility.
- If multiple (legal) entities have entered into the agreement as the user, each is jointly and severally liable to the use provider for all obligations arising from the user agreement.
- The use provider is not obliged to provide compensation or any other form of reimbursement if the agreed usage cannot take place due to closure of the facility—or parts thereof—caused by malfunctions, emergencies, or other circumstances, including but not limited to those described in Article 1 under “cancellation of use.”
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- If the user fails to comply with the terms set out in the user agreement and/or the general terms of use, they will be held liable for any resulting damage and/or may be denied access to or use of the facility.
- The use provider is not obliged to fulfil the user agreement if there is a compelling interest that outweighs the interests of the user with whom the agreement was concluded.
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The user agreement is subject to the applicable general legal provisions, including the General Local Regulation (Algemene Plaatselijke Verordening, APV).
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The use provider is authorized to make decisions at their own discretion in cases not covered by these general terms of use.