General terms and conditions of Team4Teams

Below are our general terms and conditions.

ARTICLE 1 DEFINITIONS

Team4Teams is an organisation specialising in coaching teams and registered with the Chamber of Commerce under number 56716303 with VAT number NL094420403B01.

1.1 In these general terms and conditions, the following definitions shall apply:

(a) User: the user of the general terms and conditions, being Team4Teams.

(b) Client: the other party of user.

(c) Activity means all exercises, individual and team assignments, outdoor sports, indoor and outdoor activities, meeting breakers, sports and recreational activities in which the participant takes part and in which the participant also moves with muscle power and in groups, both indoors and outdoors.

d) Package: service or activity or combination of services and/or activities organised or offered by the user on a business or professional basis, as well as the provision of facilities. These services, activities and/or facilities may consist of the rental or sale of equipment, the provision of transport and/or activities, the provision of (overnight) accommodation(s), the giving of instructions and the supervision of (parts of) a programme of activities. Guided arrangements or guided activities are understood to mean: arrangements or activities guided by a representative of the user. Arrangement also means meeting breakers, workshops, lectures, clinics, training sessions, team coaching and master classes with or without open registration provided by the user.

(e) One-day package means a service or activity, or a combination of services or activities offered by the user which in total does not exceed 24 hours and which does not include an overnight stay and includes a minimum of 30 minutes.

(f) Multi-day package: a service or activity or a combination of services and activities offered by the user which in total exceeds 24 hours and includes at least one overnight stay.

(g) Agreement: the agreement whereby the user undertakes towards a client to deliver a package and/or activity and whereby client pays the agreed amount to the user.

(h) Start and end:

1. Client and participant in a package are at all times responsible for their own transportation to and from the location and/or accommodation. This is at the expense and risk of the client and participant;
2. Start: the time indicated as such on the day of arrival at the (first) accommodation or the time when the accommodation is to be made available according to the agreement.
3. End: the time indicated as such on the (last) day of the programme or as much earlier as the activities stop or the time at which client and participant must leave the accommodation at the latest.
4. User shall inform client in writing about dates and times of commencement and termination at least one week before the start of the activity.

(i) Amount of the contract: the sum of the price of the package, the activities or services provided by the user, the premium and policy costs for any insurance taken out.

ARTICLE 2 APPLICABILITY OF THESE TERMS AND CONDITIONS

2.1 These terms and conditions apply to every offer and every agreement between user and a client to which user has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.

2.2 The present terms and conditions also apply to all agreements with user, the execution of which requires the involvement of third parties.

2.3 The client accepts the applicability of these terms and conditions by entering into an agreement with the user or by actually participating in a package or activity of the user or by paying the fee due.

ARTICLE 3 TENDERS

3.1 All our offers are non-binding, unless the offer specifies a deadline for acceptance.

3.2 The offers made by user are without obligation; they are valid for 30 days, unless otherwise indicated. User shall only be bound by offers if the acceptance thereof is confirmed by the other party in writing within 30 days.

3.3 The prices in the quoted offers are exclusive of VAT, unless otherwise indicated.

ARTICLE 4 FORMATION AND CONTENT OF THE AGREEMENT

4.1 The content of the contract is partly determined by information in the user's publications valid for that season. The user will state therein which activities are included, the minimum number of participants required for the activity to go ahead and the amount on percentage to be paid as a deposit. Obvious errors and mistakes in a user publication are not binding. The user cannot be held to information material issued under the responsibility of third parties.

4.2 The client is obliged to inform the user before or no later than the conclusion of the agreement of all personal circumstances of himself and/or those on whose behalf he enters into the agreement, insofar as these may affect the smooth course of the arrangement. This obligation applies in particular to all relevant medical and conditional particulars.

4.3 The Principal may specify preferences if it wishes. To the extent possible, User shall endeavour to take these into account.

4.4 The person who enters into an agreement with user on behalf of another person is jointly and severally liable to user for all obligations arising from that agreement.

4.5 The client and the participant are obliged to show valid proof of identity at the first request of the user.

ARTICLE 5 EXECUTION OF AGREEMENT

5.1 User shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

5.2 If and to the extent required for the proper execution of the agreement, the User shall be entitled to have certain work performed by third parties.

5.3 The Principal shall ensure that all data, which the User indicates are necessary or which the Principal should reasonably understand are necessary for the performance of the Agreement, are provided to the User in good time. If the data required for the performance of the Agreement are not supplied to the User in time, the User will be entitled to suspend the performance of the Agreement and/or to charge the Principal the additional costs resulting from the delay in accordance with the usual rates.

5.4 The User will not be liable for damage, of whatever nature, due to the fact that the User has relied on incorrect and/or incomplete information provided by the Principal, unless the User should have been aware of such incorrectness or incompleteness.

ARTICLE 6 CHANGES BY CLIENT

6.1 If desired, the contract can be amended before the execution date. This, however, up to a period of 21 days before execution of the agreement. The parties will then consult with each other in time to adjust the agreement accordingly. If the date and/or location are changed, any cancellation costs of the accommodation location shall be borne by the client, without prejudice to any additional costs resulting from the change.

6.2 If the parties agree that the agreement will be amended or supplemented, the time of performance may be affected. User will inform the client of this as soon as possible.

6.3 In the event that the amendment or supplement to the Agreement has financial and/or qualitative consequences, the User shall inform the Principal thereof in advance.

6.4 If a fixed fee has been agreed, user will indicate in the agreement to what extent the amendment or supplement to the agreement will result in an excess of this fee.

6.5 Notwithstanding 6.3, user will not be able to charge additional costs if the change or supplement is the result of circumstances attributable to it.

ARTICLE 7 CANCELLATION BY CLIENT

7.1 If the Principal or one of the Principal's participants is unexpectedly unable to attend an open registration, the Principal and the participant may always be replaced by someone else, provided the User is notified 24 hours before the start of the course. If admission conditions have been set for participation, the user must have granted permission at least two working days before the start of the course. The user reserves the right not to allow the substitute to attend the meeting if admission requirements have been published which the substitute cannot (or can no longer) meet. The client must then pay the fees (as yet) and will not receive a refund of any fees already paid. Cancellation is only possible in writing up to three weeks before the relevant activity or arrangement.

7.2 The client is advised to take out cancellation insurance, accident insurance and/or travel insurance.

7.3 The client may only cancel the contract by means of a registered letter to the user. The date of receipt of the letter by the user shall count as the cancellation date.

7.4 In the event of cancellation by the client, it shall in any case owe the user the following:

1. between 90 and 30 days before commencement: 10% of the package price
2. between 30 days and 7 days before commencement: 30% of the package price plus any cancellation charges of the accommodation location
3. between 7 days and start: 100% of the package price.

ARTICLE 8 MODIFICATIONS BY USER

8.1 The user will be entitled to change the package and/or activity offered on the basis of necessary important circumstances to be communicated immediately to the client. If possible, the user will offer the client an alternative that leaves the specific character and nature of the package or activity intact as much as possible and fits within the client's agreed budget, and will communicate this immediately.

8.2 The Principal may reject the change referred to in Article 8.1 if the alternative is of a substantially different nature from that originally agreed or if the change causes the Principal more than minor disadvantage in any other way. The Principal rejecting the change must inform the User thereof as soon as possible. In that case, the client shall have the option to terminate the agreement, be entitled to a full refund of monies already paid or the part of the amount relating to the parts of the package not taken up.

8.3 In principle, the arrangement or activity will also take place in bad weather, unless other arrangements have been made in writing in advance. In the event of bad weather, the user will endeavour to adjust the programme in such a way as to limit the nuisance for participants. Indoor activities will take place in any case. Outdoor activities may be cancelled free of charge by the client up to 24 hours before the start of the arrangement if, in the opinion of the user, it is not worthwhile or cannot be performed for reasons including safety.

8.4 The performance of what has been agreed depends on local (weather) conditions. Participants in arrangements or activities not accompanied by the user are themselves responsible for a programme change if the situation requires it.

ARTICLE 9 TERMINATION BY USER

9.1 The user is entitled to cancel the contract up to 10 days before the start if the number of registrations is less than the minimum number of participants published in advance.

9.2 The user will at all times be entitled to terminate the contract in the event of important circumstances that are unforeseeable and cannot be remedied or avoided, such as (civil) war, (imminent) terror, political unrest, natural disasters, food shortages, general strikes et cetera. The user shall be obliged to inform the client of the termination without delay, giving reasons.

9.3 In the event of cancellation by the user on account of the circumstances mentioned in 9.2 before the start of the arrangement or activity, the client will be entitled to a full refund of the money already paid. The user shall make every effort to offer the client a package or activity of comparable quality, if possible in the same period.

9.4 If the user decides to interrupt a package or activity already in progress due to the circumstances mentioned in 9.2, he is obliged to make every effort to ensure the safe return of the participant. Any additional costs for this shall be borne by the participant. If the user saves himself considerable costs by returning early, the participant is entitled to his share thereof.

9.5 The User's claims against the Principal will fall due immediately in the following cases:

1. After the conclusion of the agreement circumstances come to the knowledge of user which give user good reason to fear that client cannot fulfil his obligations;
2. If, when concluding the agreement, user has asked client to provide security for performance and this security is not provided or insufficient.

9.6 Serious shortcomings in the performance of the agreement by the client or participant(s), such as improper use of materials made available, shall entitle the user to immediately suspend or terminate its obligations, in particular to take back the materials it has made available and/or to discontinue the activities. In this case, the user may dissolve the agreement by means of a verbal statement to the client or participant, provided that it is followed by a written statement to the client or participant. The user is entitled to full compensation of all costs and damages by client and/or participant.

ARTICLE 10 OBLIGATIONS OF USER

10.1 The user is obliged to execute the agreement in accordance with the expectations that the client might reasonably have on the basis of the agreement or the user's publications. Depending on the circumstances, the user is obliged to provide help and assistance to the participant if the arrangement or the activity does not proceed in accordance with the expectations that the client might reasonably have had. If the cause is attributable to the client, the user is obliged to provide help and assistance insofar as this can reasonably be expected of him. The costs of the help and assistance provided shall in that case be borne by the client.

10.2 The propriety of the performance of the contract should also be judged by the customs and restrictions of the country and location where the activities take place, by the sporting or adventure nature of the activity and by the amount of the contract.

10.3 The user is obliged to take out appropriate liability insurance taking into account the risks associated with the offered packages.

ARTICLE 11 OBLIGATIONS OF CLIENT AND PARTICIPANT

11.1 The client is obliged at the conclusion of the agreement to inform the user of all personal circumstances of himself and/or those on whose behalf he enters into the agreement, insofar as these may affect the proper course of the arrangement or activity. This obligation applies in particular to all relevant medical and conditional details. Every participant in activities in or on the water, not being canal cruises, must be in possession of a recognised swimming certificate or have disclosed the lack thereof to the user in advance.

11.2 The participant is obliged to comply with all instructions given by the user to promote the proper performance of the agreement.

11.3 The participant is obliged to use the material provided in a manner for which it is intended under its nature and the agreement. The participant must report any defects upon receipt of the material and have them recorded. The participant may not make any changes to the material or allow it to be used by third parties without the user's consent. The participant shall notify the user of damage or loss of materials as soon as possible, but not later than at the end of the agreement. A repair order requires the prior consent of the user. The participant shall hand over the materials made available at the end of the agreement to a representative of the user at the previously agreed location and in the same condition in which the participant received them and as clean as possible. If necessary, the user is entitled to charge client and/or participant for additional costs for cleaning, searches, transport and salvage of materials, reports of loss, etc.

11.4 The user or its representative may exclude from (further) participation in the arrangement or activity the participant who causes such a nuisance or inconvenience that it makes or may make it more difficult to carry out the arrangement or activity, who endangers the safety of himself or others or who treats nature and the environment irresponsibly. All resulting additional costs shall be borne by the excluded participant or the client under whose responsibility this participant is participating.

11.5 If the participant deviates from the recommended route or time or itinerary and incurs additional costs as a result, these costs shall be borne by the participant.

11.6 The user reserves the right to use photographic or other recordings made during the package or activities for promotional purposes. Objections to this must be made in writing within 14 days of recording.

11.7 If the participant has not yet reached the age of 17 and is not accompanied by at least one adult, the participant must provide the user with a declaration of no objection signed by his/her legal representative or this legal representative must co-sign the registration form or the agreement.

11.8 The participant is and remains responsible for assessing whether he/she is in sufficient condition to practise relevant activities.

ARTICLE 12 LIABILITY OF USER

12.1 Participation in arrangements and/or activities is at the risk of the client and/or participant. Except in the event of intent or gross negligence on the part of the user, the user is not liable for any form of damage, including consequential damage, suffered by the client and/or participant as a result of accidents occurring during the arrangements and/or activities, unless and insofar as exclusion of liability is not permitted by law.

12.2 The User shall only be liable for damage resulting from a material defect in the facilities offered by it if this material defect can be attributed to the User, unless this defect is not due to its fault or is for its account under the law, a legal act or generally accepted practice.

12.3 In any case, the user is not liable for damage resulting from:

1. classifying or allowing a participant, consciously or unconsciously, to be classified in the wrong category as referred to in Article 4 and/or if the participant did not comply with one or more safety regulations and/or his or her condition, as referred to in Article 4, was not sufficient to practice the activity in question.
2. acts and influences of third parties not directly involved in the performance of the agreement;
3. circumstances that cannot be attributed to the user's fault and cannot reasonably be attributed to the user under Dutch law or socially accepted standards.

12.4 The exclusions and/or limitations of liability contained in this article also apply for the benefit of employees and other representatives of the user, the booking office and service providers involved, as well as their staff, unless excluded by law.

12.5 In the unlikely event that, during the performance of a package, an event occurs that leads to the User's liability, such liability will be limited to the amount or amounts to which the User's liability insurance gives claim, increased by the User's own risk borne by the User under its liability insurance.

ARTICLE 13 LIABILITY OF CLIENT AND PARTICIPANT

13.1 The participant and/or client is liable to the user for damage or any other disadvantage caused by the acts or omissions of himself, or third parties 'admitted' by him.

ARTICLE 14 PAYMENT

14.1 Payment must be made no later than 14 days before the start of the arrangement or activity, unless otherwise specified in writing in the agreement.

14.2 If the agreement is concluded more than 14 days before the start and the amount of the agreement exceeds €250, the client is entitled to pay in two instalments. The first instalment (down payment) amounts to at least 10% of the amount of the agreement and must be paid within eight days of the conclusion of the agreement. The second instalment amounts to the remainder of the amount of the agreement and must be paid no later than 14 days before commencement.

14.3 If the agreement is concluded within 14 days before commencement, the client is obliged to pay the full amount in one time within 1 week after the agreement is concluded, unless expressly agreed otherwise in writing. If the agreement is concluded within 72 hours before commencement, the client must pay the amount immediately by telebanking, so that it is visibly paid on the day of the activity or arrangement, or pay in cash at the location of the activity or arrangement.

14.4 In the event of the Principal's liquidation, bankruptcy or suspension of payments, the User's claims and the Principal's obligations vis-à-vis the User will be immediately due and payable.

14.5 The Principal who fails to pay or fails to pay on time will owe the User extrajudicial collection costs and statutory interest in accordance with the amounts and rates applicable at that time.

ARTICLE 15 PRICE

15.1 The user who offers standard activities or packages to individuals or groups will publish an overview of the packages and activities offered and the corresponding rates annually before the start of the season. At the client's request, the user will make an offer for a mutually agreed package. The user is free to temporarily offer packages or activities at a special rate.

15.2 The price in publications applies in principle per person, unless expressly stated otherwise. This price includes only the services and facilities described in the publication.

15.3 If the user decides to increase the price, the client has the right to reject the price change. The client should inform the user of its decision as soon as possible.

15.4 If the contract is concluded on behalf of a group, the user will charge for the number of participants and/or materials specified in advance, unless something else has been agreed.

15.5 At the start of the arrangement or activity, the user may require a deposit (sum) from the client owed to the user under the agreement.

ARTICLE 16 COMPLAINTS

16.1 If the participant discovers a shortcoming in the execution of the agreement, he must report it as soon as possible to the user and the service provider concerned, so that they can (together) find a suitable solution. If the shortcoming is not solved within a reasonable time and affects the quality of the arrangement or activity, it must be reported as soon as possible to the user or his representative on site. The communication costs will be reimbursed by the user, unless it appears that they reasonably should not have been incurred (in this way).

16.2 If the complaint is not dealt with satisfactorily on site, it can be submitted to the user in writing, stating reasons, within 14 days of the arrangement or activity. If the arrangement or activity did not take place, a period of one month after the original starting date applies.

16.3 Every agreement for whatever reason, as well as every right to dissolve the agreement, expires in the event of late notification, but in any case after one year from the end of the arrangement or activity or, if the arrangement or activity did not take place, one year from the original starting date.

ARTICLE 17 APPLICABLE LAW

Any agreement between user and client is governed by Dutch law.

ARTICLE 18 DISPUTE RESOLUTION

The court in user's place of residence is exclusively competent to take cognisance of disputes, unless the cantonal court is competent. Nevertheless, user has the right to summon its other party before the court that has jurisdiction according to the law.

ARTICLE 19 MODIFICATION OF THE TERMS AND CONDITIONS

The latest version or, as the case may be, the version applicable at the time the present assignment was concluded shall always apply.