Terms & conditions Surf Therapy Travel
Article 1: Definitions
1. Studio Liefde, established in The Hague, Chamber of Commerce number 62196405, is referred to in these terms and conditions as a service provider of Surf Therapy Travel.
2. The counterparty of service provider is referred to in these general terms and conditions as commissioning party.
3. The parties are service provider and client together.
4. The agreement means the agreement for services between the parties.
Article 2: Applicability of general conditions
1. These conditions apply to all quotations, offers, activities, agreements and deliveries of services or goods by or on behalf of service provider.
2. Deviating from these terms and conditions is only possible if this has been agreed explicitly and in writing by the parties.
3. The agreement always contains best-effort obligations for service provider and no obligation to achieve results.
Article 3: Payment
1. Declarations must be paid within 14 days after the invoice date, unless the parties have made other agreements about this or if a different payment term is stated on the invoice.
2. If the client does not pay within the agreed period, he is in default by operation of law, without any notice of default being necessary. From that moment on, the service provider is entitled to suspend the obligations until the client has met his payment obligation.
3. If the client remains in default, the service provider will proceed to collection. The costs related to this collection are at the expense of the client. When the client is in default, he owes legal interest, extrajudicial collection costs and other damages to the service provider. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the client, the claims of the service provider on the client are immediately due and payable.
5. If the client refuses to cooperate with the execution of the order by the service provider, he is still obliged to pay the agreed price to the service provider.
Article 4: Offers and quotations
1. Offers are non-committal and valid for at most months, unless a different term of acceptance is mentioned in the offer. If the offer is not accepted within that period, the offer will lapse.
2. Delivery times in quotations are indicative and do not give buyer the right to dissolution or compensation if this is exceeded, unless parties have explicitly agreed otherwise in writing.
3. Offers and quotations do not automatically apply to repeat orders. The parties must expressly agree this in writing.
Article 5: Prices
1. The prices stated on offers and invoices include the VAT due, unless otherwise agreed.
2. The prices of goods are based on the cost prices known at that time. Increases, which could not be foreseen by the service provider at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
3. With regard to the service provision, the parties can agree on a fixed price for the conclusion of the agreement.
4. If no fixed price has been agreed, the rate with regard to the service may be determined on the basis of the actual hours worked. The rate is calculated according to the usual hourly rates of service provider, applicable for the period in which he performs the work, unless a deviating hourly rate has been agreed upon.
5. If no rate has been agreed on the basis of the actual hours worked, a target price will be agreed for the service, whereby the service provider is entitled to deviate from this up to 10%. If the target price is more than 10% higher, the service provider must inform the client in good time why a higher price is justified. In that case, the Client is entitled to have part of the order canceled, which exceeds the target price plus 10%.
6. When the commissioning party purchases the service of a Soul Surfer Retreat they pay a non-refundable amount of 325 euros.
Article 6: Price indexing
1. Service Provider is entitled to increase his rates per January 1 st according to the consumer price index (CPI) for all households.
Article 7: Provision of information by the client
1. The client makes all information relevant to the execution of the assignment available to the service provider.
2. The Client is obliged to make all data and documents that the Service Provider considers necessary for the correct execution of the assignment timely and in the desired form and in the desired manner.
3. The Client guarantees the correctness, completeness and reliability of the data and documents made available to the service provider, even if these originate from third parties, unless the nature of the assignment dictates otherwise.
4. If and insofar as the client requests this, the service provider will return the relevant documents.
5. If the client does not, not timely or not adequately deliver the data and documents required by the service provider, and the execution of the assignment is delayed, the resulting additional costs and extra fees will be charged to the client.
Article 8: Cancellation of assignment / cancellation
1. The client is free to terminate the assignment to the service provider at any time.
2. When the client withdraws the assignment, the client is obliged to pay the wages owed and the expenses incurred by the service provider.
3. The following percentages are deducted from the customer for the costs incurred. Cancellation takes place on the basis of: up to 8 weeks in advance: 75% of the agreed amount will be refunded. From 5 to 8 weeks in advance 50% of the agreed amount will be refunded. Three to four weeks in advance, the client will receive 25% of the amount due. From 2 weeks the client will not receive any amount back.
4. Due to the current global situation considering Covid-19 the service provider is entitled to cancel the retreat at any time. If cancelled before the retreat the service provider will provide a retreat voucher for a retreat in 2022. If the retreat needs to be cancelled after the start of the retreat because of Covid-19 symptoms amongst its participants or staff, a calculation will be made considering the current situation, days attended and fulfilled.
Article 9: Execution of the agreement
1. Service Provider performs the contract to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Service provider has the right to have work performed by third parties.
3. The execution takes place on the basis of the completion of a questionnaire and and after written agreement through an informed consort and payment of any agreed advance.
4. It is the responsibility of the client that the service provider can start the assignment on time.
Article 10: Contract duration contract
1. The agreement between the client and the service provider is entered into for an indefinite period of time, unless the nature of the agreement provides otherwise or the parties have explicitly agreed otherwise in writing.
2. If the parties have agreed a term within the term of the agreement for the completion of certain activities, this is never a strict deadline. In the event that this period is exceeded, the client must give the service provider written notice of default.
Article 11: Amendment of the agreement
1. If it becomes apparent during the execution of the agreement that it is necessary for the proper performance of the assignment to change or supplement the work to be performed, the parties will timely and in mutual consultation adjust the agreement accordingly.
2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be influenced as a result. Service provider will inform client of this as soon as possible.
3. If the change or addition to the agreement has financial and / or qualitative consequences, the service provider informs the client of this in writing as soon as possible.
4. If the parties have agreed on a fixed fee, the service provider will indicate to what extent the change or supplement to the agreement will result in an exceeding of this fee.
Article 12: Force majeure
1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a failure of the service provider to perform any obligation towards the client can not be attributed to the service provider in the event of a circumstance beyond the control of the service provider, as a result of which the performance of his obligations to the client are prevented in whole or in part or as a result of which the fulfillment of his obligations can not reasonably be required of the service provider. These circumstances also include failures by suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions and work interruptions.
2. If a situation as referred to above occurs as a result of which the service provider can not fulfill its obligations towards the client, these obligations shall be suspended as long as the service provider is unable to meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in whole or in part.
3. In the case referred to in the second paragraph of this article, the service provider is not obliged to pay compensation for any damage, not even if the service provider has any advantage as a result of the force majeure situation.
Article 13: Transfer of rights
1. Rights of a party to this agreement can not be transferred without the prior written consent of the other party. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Article 14: Insurance
1. The Client undertakes to adequately insure the goods delivered that are necessary for the execution of the underlying agreement, as well as the goods of the service provider that are present at the Client and goods delivered under retention of title, and to keep them insured against such things as fire, explosion and explosion. water damage as well as theft.
2. The client will provide the policy for these insurances for inspection at the first request.
Article 15: Joint and several liability
1. If the assignment is provided by more than one client, then all clients are jointly and severally liable for the fulfillment of all obligations arising from these general terms and conditions and the present agreement.
Article 16: Liability
1. Any liability for damage arising from or connected with the execution of an agreement is always limited to the amount that is paid by the (professional) liability insurance (s) in the relevant case. This amount is increased by the amount of the deductible according to the relevant policy.
2. The limitation of liability also applies if the service provider is held liable for damage that directly or indirectly results from the improper functioning of the equipment, software, data files, registers or other items used by the service provider in the performance of the assignment.
Article 17: Liability of the client
1. In the event that an assignment is given by more than one person, each of them shall be jointly and severally liable for the amounts owed to the service provider under that order.
Article 18: Indemnity
1. The client indemnifies service provider against all claims from third parties, which are related to the goods and / or services supplied by the service provider.
Article 19: Complaint obligation
1. The client is obliged to immediately report complaints about the work performed to the service provider in writing. The complaint contains as detailed a description as possible of the shortcoming, so that the service provider is able to respond adequately.
2. In any case, a complaint cannot lead to the service provider being obliged to perform other work than has been agreed.
Article 20: Intellectual property
1. Unless the parties have agreed otherwise in writing, the service provider retains all intellectual absolute rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc.
2. The intellectual absolute rights referred to above may not be copied, shown to third parties and / or made available or used in any other way without written permission from the service provider.
3. The client undertakes to maintain confidentiality with regard to the confidential information made available to him by the service provider. Confidential information in any case means that to which this article relates, as well as company data.
Article 21: Confidentiality
1. Client keeps the information he receives (in whatever form) from service provider and all other information regarding service provider of which he knows or can reasonably suspect that it is secret or confidential, or information that he can expect to spread the other service provider can cause damage, secret and take all necessary measures to ensure that he also keeps the information mentioned confidential.
2. The duty of confidentiality mentioned in the first paragraph of this article does not apply to information:
a. who was already public at the moment the client received this information or was subsequently made public without a breach of a confidentiality obligation on him;
b. whose principal can prove that this information was already in his possession at the moment of delivery by the service provider;
c. that client received from a third party whereby this third party was entitled to provide this information to the client;
d. which is made public by the client on the basis of a statutory duty.
3. The duty of confidentiality described in this article applies for the duration of this agreement and for a period of three years after its termination.
Article 22 Penalty on violation of duty of confidentiality or intellectual property right
1. If the client breaches the article of these general terms and conditions about secrecy or intellectual property, then the client forfeits an immediately due and payable fine of € 1,000 for each violation and also an amount of € 100 for each day that this violation continues. No prior notice of default or legal proceedings is required for the forfeiture of this fine. There is also no question of any form of damage.
2. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of the service provider, including his right to claim compensation in addition to the fine.
Article 23: Applicable law and competent court
1. Only Dutch law applies to every agreement between the parties.
2. If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the remaining provisions will remain in full force.
3. The Dutch judge in the district where Studio Liefde is based / holds practice / office is exclusively authorized to take note of any disputes between parties, unless the law prescribes otherwise.