Terms & conditions

1. Definitions

• “We”, “us”: The Blue Elephant, whose company details are listed at the top of this page.
• “Client”, “you”: the person who books or receives a service, or the parent/guardian who books for a minor.
• “Session”: a massage, personal training, lifestyle coaching session or a wakeboard, snowboard or swimming lesson.

2. Nature of our services

Our massages are sports, relaxation and wellness massages. They are not medical or paramedical treatments and do not replace advice or treatment by a doctor, physiotherapist or other healthcare professional. We do not make diagnoses. Personal training, coaching and lessons are given to the best of our knowledge and ability (best-efforts obligation).

3. Booking and agreement

• A booking via the website, WhatsApp, phone or email is a request. The agreement is formed once we confirm the date, time, place and price to you.
• We may refuse or reschedule a booking request without giving a reason.
• You make sure the details you give us are correct and complete.

4. Prices and payment

• Prices are in euros and are confirmed to you before the agreement is formed. Prices for consumers include VAT where applicable.
• For sessions at your home, a travel fee may apply; we always tell you in advance.
• Payment is made directly after the session (by bank transfer, payment request or cash), unless agreed otherwise. Packages, multi-session courses and lessons with external costs (for example cable park or slope fees) may have to be paid in advance.
• If you do not pay on time, we will send you a reminder with at least 14 days to pay before any statutory collection costs are charged.

5. Cancelling or rescheduling by you

• You can cancel or reschedule free of charge up to 24 hours before the session.
• If you cancel within 24 hours, we may charge 50% of the session price.
• If you do not show up without notice, we may charge the full price.
• If you arrive late, the session ends at the agreed time and the full price applies.
• Costs that we have already paid to third parties for your lesson (such as cable park or equipment rental) can only be refunded if the third party refunds them to us.

6. Cancelling by us

We may cancel or move a session because of illness, emergencies, or unsafe weather or water conditions for outdoor lessons. In that case we offer a new appointment or refund any amount you paid in advance. We are not liable for other costs.

7. Right of withdrawal

For services related to leisure activities booked for a specific date or period, there is no statutory right of withdrawal (Article 6:230p of the Dutch Civil Code). Where a right of withdrawal does apply, you may withdraw within 14 days; if you ask us to start within that period, you owe a proportional amount for the part already performed, and the right expires once the service has been fully performed.

8. Your health and safety

• Before your session you tell us about relevant health conditions, injuries, pregnancy, medication, recent surgery, skin conditions, fever or infections. If in doubt, consult your doctor first.
• We may adapt, postpone or stop a session if we believe it is not safe or responsible for you.
• You participate in training and lessons within the limits of your own physical condition and follow our instructions.
• For wakeboard lessons you must be able to swim or wear the life jacket provided. You follow the rules of the venue (cable park, lake, ski area or swimming pool).
• Minors may only take part with permission of a parent or guardian, who remains responsible for the child before and after the lesson.

9. Sessions at your home

You provide a safe, clean space that is large enough for a massage table or training. Please keep pets away during the session. For minors, a parent or guardian is present at the address.

10. Respect and conduct

All our services are strictly professional and non-sexual. In case of inappropriate behaviour, intimidation or an unsafe situation, we end the session immediately and the full price remains due.

11. Liability

• We are only liable for direct damage caused by an attributable failure on our part. Our liability is limited to the amount paid out by our liability insurance in that case, or — if there is no payout — to the price of the session concerned.
• We are not liable for damage caused by incorrect or incomplete information about your health, by not following our instructions, or for loss of or damage to personal belongings.
• We are not liable for indirect or consequential damage.
• These limitations do not apply in case of intent or deliberate recklessness on our part, and never limit your mandatory rights as a consumer.

12. Force majeure

In case of force majeure (such as illness, extreme weather, closure of a venue or government measures), we may suspend or cancel our obligations without being liable for damages. Amounts paid in advance for sessions that do not take place are refunded or converted into a new appointment.

13. Privacy

We handle your personal data with care, as described in our privacy policy.

14. Complaints

Are you not satisfied? Please let us know as soon as possible, preferably within 14 days after the session, with a clear description of your complaint. We respond within 14 days and will do our best to find a fair solution together.

15. Applicable law and disputes

Dutch law applies to these terms and all agreements with us. Disputes are submitted to the competent court in the district where we are established, unless mandatory law gives you as a consumer the right to choose another court. Where the Dutch and English versions differ, the Dutch version prevails.