Cancelling swimming pool lessons: Your rights

Questioner

Ir/Madam, Can a swimming pool cancel lessons while I have canceled in advance due to hospitalization of 1 day (removal of adenoids). They say that they are in the right because I signed for it that these are the rules of the swimming pool. A lesson costs €10.00 and there is no possibility to make up.

Lawyer

If this is stated in the general terms and conditions, then one is within one's rights. The question is whether you were given the opportunity in advance (when or during the conclusion of the swimming lesson agreement) to take note of these general terms and conditions. If this is not the case, then you can object to this at the swimming pool.

Questioner

Thank you for your answer. It is indeed stated in the general terms and conditions that I signed. I doubt whether they actually have the right to draw up these terms and conditions in this way and whether it is not contrary to the law.

Lawyer

The law stipulates the following about this (Articles 6:2 and 6:248 BW): Such an arrangement is only invalid if it would be unacceptable by law, custom or legal act according to standards of reasonableness and fairness. That is not the case here. So what the swimming pool stipulates here is allowed.