See the Dutch general terms and conditions here.
These are the general terms and conditions of De Fitte Medewerker B.V., a private limited company located at Spinnekop 2, (1444 GN) Purmerend, registered with the Chamber of Commerce under number 92209815.
1. Applicability and definitions
1.1. In these general terms and conditions, the following terms have the following meanings, unless expressly stated otherwise:
a. Activity: a program, event, or service organized by De Fitte Medewerker B.V.;
b. General Terms and Conditions: these general terms and conditions of De Fitte Medewerker B.V.;
c. Civil Code: the Burgerlijk Wetboek (BW);
d. Client: a party using an Activity;
e. Participant: anyone actively or passively participating in an Activity;
f. Supplier: the party supplying goods, services, works, or other performances to De Fitte Medewerker B.V. in the context of the Agreement;
g. Agreement: any agreement concluded between De Fitte Medewerker B.V. and Client;
h. Parties: De Fitte Medewerker B.V. and Client.
1.2. These General Terms and Conditions apply to every quotation and Agreement concluded between Parties, unless explicitly deviated from in writing by Parties.
1.3. The applicability of Client's general terms and conditions is expressly rejected.
2. Proposals or quotations
2.1. A quotation is considered a non-binding offer and may be revoked at any time, even if it contains a term for acceptance. De Fitte Medewerker B.V. may revoke a quotation in writing within seven days after receiving acceptance, in which case no Agreement is concluded between the parties.
2.2. All proposals and quotations from De Fitte Medewerker B.V. are valid for 14 days, unless otherwise stated.
2.3. De Fitte Medewerker B.V. cannot be held to its proposals and quotations if Client, based on reasonableness and fairness and prevailing views in society, should have understood that the quotation or a part thereof contains an obvious mistake or typographical error.
2.4. If the acceptance, whether on minor points or not, deviates from the offer included in the proposal or quotation, De Fitte Medewerker B.V. is not bound by it. The Agreement is then not concluded in accordance with this deviating acceptance, unless De Fitte Medewerker B.V. indicates otherwise.
2.5. If a booking is made within 1 week before the Activity, De Fitte Medewerker B.V. reserves the right to charge an additional reservation fee of EUR 75.00.
2.6. The prices stated in a proposal or quotation and these General Terms and Conditions are exclusive of VAT and other government levies, any costs to be incurred in the context of the Agreement, including travel and accommodation, shipping, and administrative costs, unless otherwise stated.
2.7. A composite quotation does not oblige De Fitte Medewerker B.V. to perform part of the Activity for a corresponding part of the quoted price. Proposals and quotations do not automatically apply to future orders.
3. Conclusion of the agreement
3.1. The Agreement is concluded by acceptance by Client of the quotation from De Fitte Medewerker B.V..
3.2. Quotations can only be accepted in writing.
3.3. De Fitte Medewerker B.V. has the right to have certain work performed by Suppliers.
4. Amendment of the agreement
4.1. De Fitte Medewerker B.V. may amend the Agreement due to significant circumstances communicated promptly to Client.
4.2. De Fitte Medewerker B.V. may increase the price of the Activity up to five days before its commencement due to changes in transportation costs (including fuel costs), applicable taxes, or exchange rates.
4.3. De Fitte Medewerker B.V. reserves the right to adjust the price per Participant in case of interim changes in group size.
4.4. It is permissible to change the number of Participants up to one week in advance by a maximum of 25% without consequences for the price per Participant.
4.5. If the group size decreases by more than 10%, the cancellation conditions of article 8.1 apply to the part exceeding 10%.
4.6. De Fitte Medewerker B.V. cannot guarantee that changes made within three working days before the commencement of the Activity can be fully processed. De Fitte Medewerker B.V. will do its utmost to implement these changes but reserves the right to charge change fees of 5% of the total price, with a minimum of EUR 50.00.
4.7. In the event of a change in the date of the Activity by Client, De Fitte Medewerker B.V. reserves the right to charge amendment fees of 5% of the total price, with a minimum of EUR 75.00 or the actual costs incurred by De Fitte Medewerker B.V. if they are higher. Such a change can only be made in writing and on the condition that the advance payment under article 7.2 is paid in the month of that written notification.
5. Declaration of client
5.1. The person acting on behalf of Client is presumed to be authorized by Client to do so.
5.2. The person booking the Activity on behalf of (other) Participants warrants that he can enter into this Agreement on behalf of/for the benefit of them and is jointly and severally liable for the performance of the Agreement for all Participants.
5.3. Client declares:
a. to be aware of the potential difficulty, intensity, and risks of the Activity in which Participants will participate;
b. to have disclosed all relevant medical and/or physical conditions of all Participants to De Fitte Medewerker B.V. in the context of the Activity;
c. to consider Participants fit in terms of health and condition to participate in the Activity without endangering themselves or others;
d. to have insured Participants for participation in the Activity;
e. to inform Participants in advance of the Activity about these General Terms and Conditions, especially articles 5 and 6.
6. Execution & supervision
6.1. Participants participate in the Activity at their own risk and will ascertain any risks associated with the Activity.
6.2. Participants are obliged to follow the instructions of the management of both De Fitte Medewerker B.V. and the Suppliers during the Activity when these instructions are necessary to ensure a good and safe progress of the Activity.
6.3. If during the Activity it becomes apparent that a Participant shows physical or psychological impairments, engages in misconduct, or in any other way causes or may cause nuisance or disturbance, the Participant may be excluded from further participation. Any resulting costs will be borne by Client.
7. Payment, interest, and collection costs
7.1. Payments must be made within 14 days after the invoice date by transferring the amount due to the bank account designated by De Fitte Medewerker B.V.
7.2. De Fitte Medewerker B.V. is entitled to request a deposit from Client of the total amount. The deposit will be a maximum of 50% of the total amount, unless otherwise stated in.
7.3. Variable costs, such as additional catering, extra activities, transportation costs, consumptions, etc., will be invoiced to the Client based on post-calculation, unless otherwise agreed upon.
7.4. Upon expiration of the payment term, the Client is in default by operation of law. From the moment of default, the Client owes the statutory commercial interest plus 1% per month on the outstanding amount, with a minimum of EUR 50, increased by the reasonable (extrajudicial) collection costs incurred by De Fitte Medewerker B.V. These collection costs amount to at least EUR 125.
8. Cancellation or rescheduling
8.1. Cancellation or rescheduling without a new date of an Activity by the Client must be done in writing at all times. If an Activity is canceled or rescheduled without a date, the Client owes cancellation costs in addition to any reservation costs due and the actual costs incurred by De Fitte Medewerker B.V., as follows:
a. more than 8 weeks before the start of the Activity: only the actual costs incurred up to that moment will be charged;
b. between 8 and 4 weeks before the start of the Activity: 25% of the total price;
c. between 4 and 2 weeks before the start of the Activity: 60% of the total price;
d. between 14 days and 7 days before the start of the Activity: 85% of the total price;
e. within 1 week (including the 7th day) before the start of the Activity: 100% of the total price.
8.2. For reservations/cancellations regarding hotel and catering, the regulations as included in the Uniform Hospitality Conditions as they apply from time to time shall apply.
8.3. In case of force majeure within the meaning of Article 6:75 of the Dutch Civil Code, including but not limited to natural disasters, epidemics, widespread outbreaks of serious diseases, strikes, restrictions imposed by the competent authority, De Fitte Medewerker B.V. reserves the right to cancel the Activity. This will always be done with reasons provided. In such a case, any advance payments made will be refunded after deduction of the necessary costs incurred by De Fitte Medewerker B.V. (or, if no advance payment has been made or this is lower than the necessary costs incurred, those costs will be invoiced to the Client).
8.4. In case of cancellation by De Fitte Medewerker B.V., no (damages) compensation is due to the Client.
9. Liability
9.1. Costs resulting from damage and/or destruction caused by Participants to property of De Fitte Medewerker B.V. or its Suppliers shall be reimbursed by the Client, to the extent not recoverable from the perpetrators themselves.
9.2. De Fitte Medewerker B.V. is not obliged to compensate for any damage if the breach in the performance of the Agreement:
a. is attributable to the Client or a Participant; or
b. could not have been foreseen or remedied and is attributable to a third party who is not involved in the provision of the services included in the Activity; or
c. is due to an event that De Fitte Medewerker B.V. or the person whose assistance he uses in the performance of the agreement, could not have foreseen or remedied with due care; or
d. is due to force majeure as referred to in Article 6:75 of the Dutch Civil Code.
9.3. Without prejudice to the provisions of Article 9.6, the liability of De Fitte Medewerker B.V. under this Agreement or on the basis of tort is limited to compensation for direct damage up to a maximum amount of three times the total amount of the relevant Activity or the amount to be paid out by De Fitte Medewerker B.V.'s insurer if that amount is higher, unless there is intent or gross negligence on the part of De Fitte Medewerker B.V..
9.4. Direct damage is exclusively understood to mean the reasonable costs:
a. for determining the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of the General Terms and Conditions;
b. made to have the defective performance of De Fitte Medewerker B.V. comply with the Agreement, insofar as these can be attributed to De Fitte Medewerker B.V.; or
c. made to prevent or limit direct damage, insofar as the Client demonstrates that these costs have led to limitation of direct damage as referred to in the General Terms and Conditions.
9.5. De Fitte Medewerker B.V. is never liable for indirect damage, including consequential damage, loss of profit, loss of savings, loss of business interruption, damage resulting from providing defective cooperation and/or information from the Client, damage due to the provision of voluntary information or advice by De Fitte Medewerker B.V. of which the content is not explicitly part of the Agreement, and all damage not falling under direct damage within the meaning of Article 9.4.
9.6. In case of liability for damage due to death or injury of the Client or a Participant as a result of non-fulfillment of this Agreement (and therefore not due to negligence or fault of the Client or a Participant), this liability is limited to a compensation of up to EUR 1,000.00.
9.7. The Client is obliged to take out insurance covering damage to the Client or a Participant in the context of participation in an activity. De Fitte Medewerker B.V. is not liable for damage for which compensation can be claimed under an insurance policy of the Client or a Participant.
9.8. De Fitte Medewerker B.V. is not liable for damage or injury incurred during an Activity in which a Participant has consumed alcohol or drugs before or during the Activity. Permission from De Fitte Medewerker B.V. to consume alcohol before or during an Activity does not in any way imply acknowledgment by De Fitte Medewerker B.V. of liability in case of accidents or injury.
9.9. The liability limitations set forth in this article are also stipulated for the benefit of the Suppliers. De Fitte Medewerker B.V. is never liable for damage caused by shortcomings of the Suppliers.
10. Complaints & statute of limitations
10.1. Complaints regarding the Activity must be submitted in writing to De Fitte Medewerker B.V. within 5 days after the end of the Activities.
10.2. Filing complaints does not suspend the payment obligation of the invoice.
10.3. For all claims or powers that the Client has against De Fitte Medewerker B.V. or against a Supplier, a limitation period of one year from the moment when an event occurs that allows the Client to exercise these rights or powers against De Fitte Medewerker B.V. or Supplier applies, in deviation from the statutory limitation periods.
11. Intellectual property & copyright
11.1. De Fitte Medewerker B.V. reserves the rights and powers vested in it under the Copyright Act.
11.2. Industrial or intellectual property rights of Activities, assignments, ideas, and other activities conceived or created by De Fitte Medewerker B.V. shall solely belong to De Fitte Medewerker B.V. without further permission.
12. Confidentiality
12.1. Parties are obliged to maintain confidentiality of all confidential information obtained from each other or from other sources in the context of the Agreement. Information is considered confidential if it has been communicated by the other Party or if it arises from the nature of the information. The Party receiving confidential information shall only use it for the purpose for which it was provided.
12.2. If, on the basis of a statutory provision or a court decision, De Fitte Medewerker B.V. is required to provide confidential information to third parties designated by law or the competent court, and De Fitte Medewerker B.V. cannot invoke a statutory or recognized or permitted right of non-disclosure, De Fitte Medewerker B.V. is not obliged to pay damages or compensation, and the Client is not entitled to terminate the Agreement on the grounds of any damage caused thereby.
12.3. Notwithstanding the above, De Fitte Medewerker B.V. is entitled to include the name of the Client in a list of relations published on the website or through other means to third parties, unless otherwise agreed.
13. Privacy
13.1. De Fitte Medewerker B.V. respects the privacy of the Participants. De Fitte Medewerker B.V. handles and processes all personal data provided to it in accordance with applicable legislation, in particular the General Data Protection Regulation. The Client (also on behalf of the Participants) agrees to this processing. To protect the personal data of the Client and the Participants, De Fitte Medewerker B.V. employs appropriate security measures.
13.2. De Fitte Medewerker B.V. uses the personal data of Participants - if it requests them at all - solely for the purpose of executing the Agreement, for handling a complaint, or for sending newsletters if the relevant Participants have registered for this themselves.
14. Other provisions
14.1. The Client is not permitted to transfer rights and obligations arising from the Agreement to third parties without obtaining prior written consent from De Fitte Medewerker B.V..
14.2. The provisions of the General Terms and Conditions and the Agreement, which by their express terms or by their nature are intended to remain in force after termination of this Agreement, shall remain in force thereafter and continue to bind the Parties.
14.3. Any deviations from these General Terms and Conditions can only be agreed upon in writing. No rights can be derived from such deviations with regard to later contractual relationships.
14.4. The administration of De Fitte Medewerker B.V. shall, unless proven otherwise, serve as evidence of the requests made by the Client. The Counterparty acknowledges that electronic communication can serve as evidence.
14.5. If and to the extent any provision of the General Terms and Conditions and the Agreement is declared null and void or annulled, the other provisions of these General Terms and Conditions and the Agreement shall remain in full force and effect. De Fitte Medewerker B.V. will then establish a new provision to replace the null and void/annulled provision, taking into account the intent of the null and void/annulled provision as much as possible.
15. Applicable law & dispute resolution
15.1. All Agreements, the General Terms and Conditions, and all non-contractual rights and obligations arising therefrom shall be governed in all respects by Dutch law.
15.2. All disputes between the Parties arising out of an Agreement and/or the General Terms and Conditions, as well as agreements resulting therefrom, shall be settled in the first instance by the competent court of the Amsterdam District Court.
De Fitte Medewerker
