TERMS AND CONDITIONS - SWIM STARS

PREAMBLE - DEFINITIONS

The following terms, when used with a capital letter in these General Terms and Conditions of Sale (hereinafter “GTCS”), shall have the following meaning:

– Swim Stars: refers to the network head operating the “Swim Stars” brand, responsible for coordinating the network, providing digital tools and the teaching method. Swim Stars is not the service provider unless expressly mentioned at the time of the order.

– Provider structure: means, as the case may be, a branch operated directly by Swim Stars, or an affiliate, a legally independent entity operating Swim Stars services within the framework of an affiliation contract. It is this structure that actually provides the lessons to the Customer.

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

– Bsport platform: digital tool for managing Swim Stars services, enabling online registration, booking and payment. Available at www.swimstars.co and local platforms.

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

– Discovery Course: first session offered at reduced rate or free of charge, available only once per customer, subject to specific conditions.

– Pack: grouped offer of several courses at a preferential rate, to be used within a set timeframe.

– Subscription: recurring formula for a fixed or indefinite period, with or without an initial commitment, giving access to a number of lessons per 4-week period.

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

– Reservation: action of planning to take part in a course via the Bsport Platform or via an interface or authorized local representative.

These General 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 govern the relationship between the customer and the service provider from whom the order was placed.

Any order for a Swim Stars service, regardless of the channel (Bsport Platform, telephone, counter, or other), implies full acceptance:

– the present General Terms and Conditions,
– the General Terms and Conditions of Use of the Bsport Platform,
– and the internal regulations of the establishment where the activity takes place.

Swim Stars acts exclusively as a brand and network leader, and cannot be considered as a direct service provider unless expressly mentioned when placing an order.

The service provider is, as the case may be :

– either a Swim Stars branch operated by Swim Stars itself,
– or an affiliate, operating locally under an affiliation contract.

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

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

Consequently, any request relating to the performance of the service (complaint, cancellation, refund, etc.) must be addressed to the designated service provider.

The customer may purchase one of the following services, subject to availability:

– a single lesson,
– a Pack (e.g. 6 or 10 lessons),
– a Subscription, with or without commitment,
– an Intensive Course,
– a Discovery Course (offer limited to once per customer, and only on the first purchase made on the Platform. Once a pack, subscription or course has been purchased, the Discovery Course cannot be ordered at a later date).

Important: the purchase of a pack, subscription or course gives access only to the courses offered by the service provider (affiliate or branch) from which the service was purchased.

This access is strictly limited to the pools managed by this service provider, unless otherwise agreed in writing by another service provider in the Swim Stars network.

It does not give access to all the swimming pools in the Swim Stars network, which is made up of legally distinct structures.

Orders can be placed :

– directly online on the Bsport Platform,
– or from an authorized representative (counter, telephone, reception point, etc.).

The purchase of a service automatically implies acceptance :

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

The customer is responsible for the accuracy of the information provided (identity, time slot, formula, etc.). No reimbursement will be made in the event of an error not notified prior to validation.

Prices are quoted in euros (€), inclusive of all taxes (TTC), and include VAT applicable according to the location of the service.

Prices are available :

– on the Bsport Platform,
– and/or on the local information media of the service provider.

Each service provider (branch or affiliate) is free to set its own rates according to geographical area, pool type, opening hours and operating costs.

Prices may vary between pools, packages or periods. Special offers may also be available locally or nationally.

The number of lessons included in a subscription package varies according to the package chosen (e.g. 2, 4, 8 or 16 lessons per 4-week period). This number is specified when the order is placed.

Payment for services is by default made via the Bsport platform, using a secure credit card payment via the Stripe solution.

Depending on the pool, other payment options may be available, such as checks or ANCV vouchers. These options are offered locally at the initiative of the service provider (branch or affiliate), and their availability is specified at the time of purchase.

Payment is collected either by the service provider (affiliate or branch) or by Swim Stars, depending on what is indicated during the order process on Bsport.

Swim Stars does not store any banking data. Payments are processed in a secure environment that complies with current security standards.

Incidents of payment or disputes should be addressed to the service provider indicated at the time of purchase.

Each reservation is nominative and must be made by the customer via the Bsport Platform or through a representative of the service provider.

Reservations can be changed or cancelled up to 4 hours before the course is due to start.

After this deadline :

– the course is considered used,
– it is automatically deducted from the customer’s subscription or pack,
– no postponement or refund is possible.

Customers are solely responsible for managing their reservations. It is the customer’s responsibility to check the accuracy of the information entered (date, time, place), and to ensure that the customer is present at the scheduled time.

Reservations are limited to pools linked to the structure that sold the service (course, pack, subscription, training course).

It is not possible to use a credit or a course in another pool of the network, except in exceptional cases validated in advance.

7.1 - Cancellation by the Customer

The customer may cancel a booking up to 4 hours before the start of the course, free of charge.

After this deadline, or in the event ofabsence not reported on time, the course is forfeited and no refund or postponement is possible.

In the event of exceptional closure or unforeseen circumstances beyond the control of the service provider (technical breakdown, strike, staff problems, bad weather, etc.), the course may be :

– postponed to a later date,
– replaced by a credit note or refund, as appropriate.

In the event of prolonged closure of a site, the service provider may transfer the remaining lessons to another pool located within a maximum radius of 15 kilometers.

The Customer expressly accepts this transfer without any right to reimbursement, provided that an equivalent slot is offered.

In the event of an unjustified refusal, the course will be deemed to have been taken.

8.1 - Period of validity of services

Unless otherwise specified, services are valid for the following periods:

– Discovery course: 1 month from date of purchase,
– 6-course pack: 3 months from date of purchase,
– 10-course pack: 5 months from date of purchase,
– Subscription: each course generated is valid for a maximum of 2 months, after which it automatically expires.

These periods are specified in the customer area on Bsport.

Customers can purchase an extension option (before their package expires), allowing them to extend the validity of their course pack.

This extension is subject to a limited fee, and is not retroactive.

Services are not refundable under any circumstances, except in the following cases, upon presentation of a valid receipt:

– serious illness or medical accident rendering swimming impossible for the remaining period,
– professional transfer to a location more than 50 kilometers from the pool,
– death (documents to be provided by heirs).

No reimbursement will be made:

– absences on personal grounds,
– vacation departures,
– refusal to transfer to an equivalent pool within the planned area.

Swim Stars subscriptions are taken out for 4-week periods and automatically renewed by tacit agreement at the end of each cycle, unless the customer cancels beforehand.

9.1 - Advance notice and terms

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 give 28 days (4 weeks) notice.

Termination takes effect at the end of the current 4-week cycle, provided the notice period has been respected.

Cancellation procedure
Cancellation requests must be made in writing:

– via the chat available on the relevant pool page at www.swimstars.co,
– or by email to the address provided by the service provider (affiliate or branch).

Cancellation will only be effective on receipt of the request and after 28 days’ notice.

Early termination before the end of the commitment period is only possible in the event of force majeure, in particular :

– serious illness or prolonged physical incapacity (medically justified),
– professional transfer,
– loss of employment (with Pôle Emploi certificate),
– medically contraindicated pregnancy,
– death.

Applications must be accompanied by supporting documents. The service provider reserves the right to refuse any application deemed inadmissible.

In accordance with the provisions of Articles L221-18 et seq. of the French Consumer Code, the customer has a period of 14 days from the date of purchase to exercise his right of withdrawal, without having to justify his decision or pay any penalty.

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

Any service used before the end of the withdrawal period is considered as an express waiver of this right. The customer accepts that the execution of a course during this period prevents any subsequent reimbursement.

This right is not applicable:

– legal entities,
– purchases made outside distance selling (e.g. over-the-counter or physical sales).

No right of withdrawal for face-to-face sales
In accordance witharticle L221-28 of the French Consumer Code, no right of withdrawal applies to purchases made face-to-face, in a usual place of practice (such as a swimming pool or an event stand).

These sales are considered firm and final upon payment.

Swim Stars acts as the head of the network, responsible for the brand, the platform and the teaching method, but is not the service provider unless explicitly stated.

Lessons are provided by the service provider designated at the time of the order (affiliate or branch). This structure is solely responsible for the correct execution of the service (provision of pools, supervision, compliance with safety rules, etc.).

Swim Stars cannot be held responsible under any circumstances:

– an incident occurring during a lesson,
– the unavailability of a slot or pool,
– or the interruption of an affiliate’s or service provider’s activity.

Swim Stars’ liability, when acting directly as a service provider, is limited to the value of the services actually paid for and not used by the Customer, to the exclusion of any indirect liability.

All service providers are required to have professional liability insurance covering their activity.

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

Swim Stars acts only as a possible technical subcontractor, or as a separate processor for brand management and network communication. It is not responsible for any processing carried out locally (customer files, reservations, payments, etc.).

In accordance with the laws in force, the Customer has :

– a right of access, rectification, deletion and portability of their data,
– and a right to object to the processing of their data for canvassing purposes.

These rights may be exercised with the service provider. In France, data processing is governed by the CNIL. In Spain, by theAEPD (Agencia Española de Protección de Datos).

Any complaint relating to a service must be addressed first and foremost to the service provider from whom the service was ordered.

In the event of failure to reach an amicable resolution, the Customer may call upon a consumer mediator, in accordance with the provisions of the law.

– For France: FEVAD or AME Conso mediator – https://www.mediationconso-ame.com
– For Spain: local mediation mechanisms (body to be specified according to region)

The European online dispute resolution platform can be accessed here: https: //ec.europa.eu/consumers/odr

14.1 - Discovery offer

An introductory offer may be made to all new customers, at a price freely determined by the service provider (free or reduced rate).

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

Customers can benefit from a sponsorship program according to the conditions displayed on the site:

– The sponsoree generally receives a discount on his or her first purchase,
– The sponsor may receive a credit or voucher to redeem.

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

Occasional promotions or special offers (promo codes, seasonal packs, discounted courses, etc.) may be offered locally or nationally.

These offers are valid only under the conditions and for the periods indicated on the Bsport Platform or Swim Stars communication media.

These GCS are governed by French law for all services performed in France.

In the event of a dispute, the competent courts will be :

– either those of the place where the service is provided (swimming pool),
– or those of the Customer’s place of residence, in application of the territorial jurisdiction rules of the French Consumer Code.

For services provided in Spain, Spanish law applies (see article 16).

FRANCE

– Applicable law: French law,
– Consumer mediator: AME Conso or FEVAD,
– RGPD supervisory authority: CNIL.

– Applicable law: Spanish law,
– Consumer ombudsman: to be specified according to region (no mandatory centralized scheme),
– RGPD supervisory authority: Agencia Española de Protección de Datos (AEPD).

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