GENERAL TERMS AND CONDITIONS FOIL SCHOOL NEDERLAND
General conditions for all activities and actions of Foil School Nederland therein involved are the trade names Foil School Nederland.
These conditions apply to participation as well as visit and business processes of Foil School Nederland.
Article 1. Definitions In these general terms and conditions, the following definitions shall apply;
- Foil School Nederland hereinafter Foil School Nederland.
- Activities: all programs, events and activities organized by Foil School Nederland.
- Client: all companies, consumers and other participants using the services of Foil School Nederland.
- Supplier: the person, not being the client, who supplies goods, services, or other performances worth money to Foil School Nederland.
- Management: she who is registered as director of Foil School Nederland at the Chamber of Commerce under number 81872712.
- Counterparty: both client, participant and supplier.
Article 2. Applicability of these conditions These conditions apply to every offer and every contract between Foil School Nederland and a counterparty to which Foil School Nederland has declared these conditions applicable, insofar as these conditions have not been expressly deviated from by the parties.
Article 3. Quotation 1. Based on the wishes or objectives of the client or participant, program proposals are drawn up, containing: price indications, program descriptions and a time schedule; these program proposals are sent to the client as an offer.
- Prices stated in an offer are exclusive of VAT unless otherwise indicated.
- Tenders from Foil School Nederland are valid for 7 calendar days unless otherwise stated on the tender. If a quotation is not accepted within the specified expiration period, the quotation including any options and the prices mentioned will expire.
Article 4. Agreement Registrations, confirmations or reservations for an activity organized by Foil School Nederland are made in writing or orally. It is possible to register for or confirm an activity by telephone, e-mail or through the website. At all times, these general conditions apply to the registration, confirmation or reservation.
Article 5. Compliance with the risks A client who has signed the confirmation of the agreement (or has confirmed by telephone or e-mail) declares: to have taken note of the possible difficulty, gravity and risks of the activities in which is participated, to have reported all relevant medical and / or conditional particularities. And each registered participant must be capable in terms of health and fitness to participate in the activities without endangering themselves or others. In the case of water sports activities, at least a swimming certificate A (or equivalent) is required.
Article 6. Modification of the agreement
- Foil School Nederland may change the contract or confirmation due to weighty circumstances that are communicated to the other party immediately.
- Foil School Nederland may increase its price up to 7 days before the start of the activity due to changes in costs.
- Foil School Nederland reserves the right to adjust the participant price in case of interim changes in group size. The allowed change in participant number, without consequence for the package price, is 10%.
- Changes in group size must be reported in writing, no later than 1 week before arrangements date. Decisive is the date Foil School Nederland receives the cancellation notice. Changes reported within 7 days will not be charged.
- If the client changes the date of an arrangement, Foil School Nederland reserves the right to charge modification costs of 5% of the price, with a minimum of € 50,00 excluding VAT.
Article 7. Powers of attorney 1. Only the management of Foil School Nederland – either personally or by written power of attorney to one of Foil School Nederland’s employees – is authorized to include in a contract clauses that deviate from these General Conditions.
- The person, who acts on behalf of the other party, is assumed to be authorized to do so by the other party.
- Upon confirmation of an activity with Foil School Nederland, it is assumed that the board of the participating company, association or institution and the contact person agree to the terms and conditions, as described here.
Article 8. Joint and several liability The person who books the activity on behalf of other participants is jointly and severally liable for all others he registers.
Article 9. Damage 1. Costs arising from damage and/or destruction caused by participants will be paid by the client or participant, insofar as they cannot be recovered from the perpetrator(s) themselves.
- If a participant causes nuisance, such that the relationship between Foil School Nederland and the owners of the location and/or the supplier is seriously damaged, the participant in question may be excluded from participation. Any ensuing costs will be borne by the participant or client concerned.
Article 10. Guidance 1. Participants who have agreed to an activity with Foil School Nederland are obliged to follow the instructions of the leadership throughout the program when these instructions are necessary to ensure the proper and safe progress of the activity.
- If, during the activity, a participant is found to be physically or mentally defective, guilty of misconduct or otherwise a nuisance, the participant may be excluded from further participation. Any resulting costs will be borne by the participant in question.
Article 11. Payment, interest and collection costs
- Payments must be made no later than 14 days from the date of invoice unless otherwise agreed.
- Foil School Nederland is entitled to have the principal or participant pay an advance of the total amount.
- After the expiration of 14 days from the invoice date, the client or participant shall be in default; the client shall owe interest of 1% per month from the time of default on the amount due.
- Furthermore, the client or participant is liable to pay extrajudicial collection costs equal to 15% of the amount claimed.
- Variable costs such as extra catering, extra activities, transport costs, refreshments, etc. consumed during all activities will be charged to the client afterwards, unless otherwise agreed.
- Foil School Nederland requires a 50% deposit of the total invoice amount for corporate, group and school events.
- Foil School Nederland is entitled to deviate from these cancellation/payment conditions. Article 12. Cancellation
- Cancellation must be in writing and by e-mail at all times. Date postmark will be used to calculate the cancellation period.
- If an agreement is cancelled, each client or participant will be liable for cancellation costs in addition to any reservation costs due.
- In case of cancellation, Foil School Nederland will charge the following costs: a. from 8 to 14 days before the start: 25% of the package price; b. within 7 days (inclusive) before the start: 50% of the package price; c. within 2 days (inclusive) before the start or later: 100% of the package price. This also applies if a participant does not attend without cancellation.
- Should the actual costs on the part of Foil School Nederland as a result of the cancellation exceed the cancellation costs mentioned in this article paragraph 3, the additional costs may also be charged.
- Foil School Nederland reserves the right to cancel activities without any obligation by Foil School Nederland in any way other than possible refund of invoices already paid.
Article 13. Liability Foil School Nederland
- Participation in arrangements and/or activities is at the risk of the client and/or participant. Except in case of intent or gross negligence of theFoil School Nederland , the organizer is not liable for any form of damage.
- Foil School Nederland is in any case not liable for damage resulting from: a. circumstances attributable to the participant and/or principal, such as not having an inadequate health or condition, inadequate personal equipment, acting or not acting correctly, overestimating one’s own abilities or ignoring instructions;
- Placing or allowing a participant to be placed, knowingly or unknowingly, in the wrong category and/or if the participant does not comply with one or more safety regulations and/or his or her condition, was not sufficient to practice the activity in question.
- acts and influences of third parties not directly involved in the performance of the contract; circumstances that are not the fault of the Board Academy and cannot reasonably be attributed to Foil School Nederland by virtue of Dutch law or generally accepted standards.
- The principal and/or participant is expected to take out appropriate accident, travel and cancellation insurance. Foil School Nederland never accepts liability for damage for which a claim for compensation exists, or is deemed to exist on the basis of the preceding sentence, under the terms of travel, accident, and/or cancellation insurance.
- The exclusions and/or limitations of liability contained in this article also apply on behalf of employees and other representatives of Foil School Nederland , the booking office and service providers involved, as well as their personnel, unless excluded by law.
- In the unlikely event of an event occurring during the implementation of an arrangement that leads to Foil School Nederland’s liability, that liability shall be limited to the amount or amounts to which the liability insurance taken out by Foil School Nederland gives claim.
Article 14. Liability of the principal and/or participant The participant and/or the principal is liable to Foil School Nederland for damage or any other disadvantage caused by the acts or omissions of himself, or third parties “admitted” by him.
Article 15. Applicable law Dutch law applies to all contracts between Foil School Nederland and the other party.
Article 16. Copyright, industrial property
- Foil School Nederland reserves its rights and powers under the Copyright Act.
- Industrial or intellectual property rights of programs, assignments, ideas, activities conceived or created by Foil School Nederland will belong only to Foil School Nederland without further permission.
Foil School Nederland , KvK 81872712,
I.M. van der Bijlstraat 8