General Terms and Conditions Passion In Actie

Article 1. Definitions

Passion In Actie: the user of these general terms and conditions. Passion In Actie is registered with the Chamber of Commerce under number 52987507.

Client: any natural or legal person with whom Passie In Actie enters into an agreement or with whom Passie In Actie is negotiating about the conclusion of an agreement.

Client: the person who takes part in a guidance, coaching or counseling process, a coaching trip or workshop / training.

Agreement: any agreement that is concluded between Passie In Actie and the client, any amendment or addition to it, as well as all (legal) acts for the implementation of that agreement and in retrospect, all (legal) acts required for entering into that agreement.

Services: All products and services delivered by Passie In Actie to the client, including coaching and other forms of guidance or advice, all in the broadest sense of the word, as well as all other activities of whatever nature carried out for the client. in the context of an assignment, including activities that have not been performed at the express request of the client.

Article 2. Applicability

These general terms and conditions apply to all offers and agreements whereby Passie In Actie offers or supplies services. Deviations from these conditions are only valid if they have been expressly agreed in writing.

These general terms and conditions also apply to agreements whereby Passie In Actie involves third parties for the implementation of the agreement.

Any purchase or other general terms and conditions of the client do not apply, unless they have been expressly accepted in writing by Passie In Actie.

If Passion In Actie does not require strict compliance with these general terms and conditions for a short or longer period of time, this does not affect the right of Passie In Actie to still demand immediate and strict compliance.

Invalid or voidable provisions do not affect the validity and force of other provisions. The void or voided provision (s) will be replaced by new, legally permissible provision (s) that are consistent with the purpose and purport of the void or voided provision (s).

Situations that are not regulated in these general terms and conditions, or for which there is uncertainty, must be assessed in the spirit and purpose of these general terms and conditions.Passion In Actie reserves the right to amend or supplement these general terms and conditions. Changes of minor importance can be made at any time. If the client does not want to accept a change, he can terminate the agreement until the date on which the new conditions take effect. 

Article 3. Offers and agreements

The offers made by Passie In Actie are without obligation and valid for 30 days, unless stated otherwise.The prices in the quotations mentioned are expressed in euros and exclusive of VAT, unlessotherwise indicated. Unless explicitly agreed otherwise, all levies or taxes imposed or levied in respect of the services are at the expense of the client.Agreements made bind Passie In Actie from the moment they are confirmed in writing by Passie In Actie or from the moment that Passie In Actie commences the implementation acts with the consent of the client.Any change in the factors that influence the prices and rates of Passie In Actie, including prices of third parties, exchange rates, insurance rates and other levies or taxes, can be passed on to the client by Passie In Actie.Offers are based on the information available at Passion In Actie. 

Article 4. Execution of agreements

The agreements concluded between Passie In Actie and the client lead for Passie In Actie to an obligation to use best endeavors, not to an obligation to achieve results, whereby Passie In Actie is obliged to fulfill its obligations in such a way as to standards of care and craftsmanship according to the standards at the time of delivery. fulfillment of Passion In Action can be required.The client will contribute honestly and openly to the conversations and commit themselves. The client assumes responsibility, accountability and authority over their own behavior and the consequences thereof, both during the time that the coach and client spend together and afterwards, for achieving results. Furthermore, the client will come to the sessions at the agreed time and place, make notes where necessary and adhere to any agreements made during the sessions.The client participating in a coaching trip declares upon acceptance of the participation agreement that he has no medical restrictions or conditions (physical or psychological) that increase the risk of injury during the trip. In the event of such a limitation or disorder, the client must submit this limitation or disorder before the

to make the agreement known in writing. Passion In Actie has the right at all times to refuse participation on medical or other grounds.If the coach suspects matters or syndromes during the coaching process that do not fall under the coach’s field of work or expertise, the coach will draw the client’s attention to this and indicate that consultation elsewhere is desirable.If and insofar as required for the proper execution of the agreement, Passie In Actie has the right to have certain activities performed by third parties. This will always be done in consultation with the client.The client will ensure that all information, of which Passie In Actie indicates that it is necessary or of which the client should reasonably understand that it is necessary for the execution of the agreement, is provided to Passie In Actie in a timely manner. If the information required for the execution of the agreement is not provided to Passie In Actie in time, Passie In Actie has the right to suspend the execution of the agreement and / or the additional costs arising from the delay to the client according to the usual rates. to charge.Passie In Actie is not liable for damage, of whatever nature, because Passie In Actie has based on incorrect and / or incomplete information provided by the client, unless this inaccuracy or incompleteness should have been known to it. 

Article 5. Coaching trips

When participating in coaching trips, the client must provide valid travel documents (passport, ID card, if necessary visa, etc.). Passion In Actie does not bear any liability for this.

The client is obliged to take out proper travel and cancellation insurance.Unless otherwise agreed, the client pays the full sum of the coaching trip one month before departure.Substitution in case of absence is not possible, unless Passie In Actie explicitly agrees to this in writing. 

Article 6. Amendments to the agreement

If during the execution of the agreement it appears that for proper execution it is necessary to change or supplement the work to be performed, the parties will adjust and sign the agreement accordingly in writing and in good time and in consultation.If the parties agree that the agreement will be amended or supplemented, the time of completion of the implementation may be affected. Passie In Actie will inform the client of this as soon as possible.If a change or supplement to the agreement has financial and / or qualitative consequences, Passie In Actie will inform the client in advance. 

Article 7. Confidentiality

The parties are obliged to keep confidential all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.Regardless of the method of recording or transfer, information relating to the client will only be provided to third parties after the client has taken note of that information and has given written permission for that information to be provided, unless otherwise determined by Dutch law. Therefore, Passion In Actie cannot be sued if it reports illegal matters to the client’s sponsor or to the legal authorities.Passie In Actie will not refer to the assignment externally without the client’s consent.

Article 8. Intellectual property

Insofar as authors, trademarks, models, trade names, or other intellectual property rights are based on the services provided by Passie In Actie for the implementation of the agreement, Passie In Actie is and remains the owner or owner of these rights. The client may only use the material carriers of these rights for the purpose for which they were provided to the client, not reproduce them and not change or remove copyright, trademark, model, trade name and other indications.Passie In Actie reserves the right to use the knowledge acquired during the execution of the work for other purposes, insofar as no confidential information is disclosed to third parties.

Article 9. Payment and default

Unless otherwise agreed in writing, payment must be made within 14 days of the invoice date, in a manner to be indicated by Passie In Actie in the currency in which the invoice is made. Payment will be made without any deduction, compensation or suspension for any reason.If the client does not pay the amounts due by the due date at the latesthas paid, he will automatically be in default, without further notice of default being required. In the event of payment default by the client, Passie In Actie is entitled to discontinue or suspend all work to be performed for the client with immediate effect, without being liable for compensation to the client in any way.In case of payment default, the client will also owe default interest on the outstanding claims equal to the statutory interest.In the event of liquidation, bankruptcy or suspension of payment of the client, the claims of Passie In Actie and the obligations of the client towards Passie In Actie are immediately due and payable.Payments made by the client always serve to settle in the first place all interest and costs owed, in the second place of due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.If more than the usual effort is required from Passie In Actie to implement the agreement, Passie In Actie may demand payment (or equivalent security) before the start of its activities.

If Passie In Actie decides for reasons of its own to collect a claim for non-payment of one or more unpaid invoices through legal channels, the client is also obliged to reimburse all reasonable judicial and extrajudicial costs in addition to the principal and interest owed. This will always include the costs of the collection agency, as well as the costs and fees of bailiffs and lawyers, even if these exceed the legal costs to be awarded. 

Article 10. Liability

If Passie In Actie should be liable, this liability is limited to what is regulated in this provision. The limitations of the liability of Passie In Actie included in this provision do not apply if the damage is due to intent or gross negligence on the part of Passie In Actie and / or its unsuitable (s).If Passie In Actie should be liable for any damage, then the liability of Passie In Actie is limited to the amount that will be paid out by the insurer of Passie In Actie. If the insurer of Passie In Actie does not pay out any amount, the liability of Passie In Actie is limited to the invoice value of the agreement, or at least to that part of the agreement to which the liability relates. In the case of agreements with a term of more than six months, the liability is limited to the invoice amount due over the last six months.Passie In Actie is only liable for direct damage caused by an attributable shortcoming in the fulfillment of the obligation (s) arising from the agreement. Passie In Actie is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption. Passion In Actie cannot be held liable in the event of force majeure.Passion In Actie can never be held liable for the adverse consequences of or damage suffered in accidents and injuries when:the fault of the accident and / or injury lies with the client himself;the accident and / or the injury could not have been prevented by Passie In Actie;the cause of the accident lies with someone else who is not involved in Passion In Actie.The client indemnifies Passie In Actie against all claims from third parties related to or arising from the legal relationship existing between Passie In Actie and the client.

Article 11. Contract duration, cancellation and end of the agreement

If the agreement concluded between the parties relates to the delivery of the same performance more than once, it is deemed to have been entered into for an indefinite period of time, unless expressly agreed otherwise in writing. In such case, both parties can terminate the agreement in writing at any time, unless otherwise agreed in writing. If the duration of the assignment is one year or longer, the parties must observe a notice period of at least 3 months.Passion In Actie has the right to cancel the coaching process or the workshop / training / trip without stating a reason or to refuse participation of a client or to refuse the client designated by the client, in which cases the client is entitled to the full amount paid by the latter to Passie In Actie minus the performances delivered until termination.The client has the right to cancel participation in or the assignment for the coaching trajectory or the workshop / training by registered letter (see paragraphs 4 and 5), unless it has been explicitly agreed in writing that a refund of the amount is not possible.Cancellation by the client of the assignment can be done free of charge up to 8 weeks before the start of the coaching process or the workshop / training. In case of non-cancellation, the client is obliged to pay the total amount of the course, training, guidance-coaching process.In case of cancellation within 8 weeks up to and including 4 weeks before the start of the coaching process or the workshop / training, Passie In Actie is entitled to charge 50% of the amount due and in case of cancellation within 4 weeks the full amount.If the client or the client designated by the client terminates the participation prematurely after the start of the coaching trajectory or workshop / training, or otherwise does not participate, the client is not entitled to any refund.A private / individual counseling or coaching conversation can be canceled or moved free of charge up to 48 hours before the start of the conversation. In case of cancellation or relocation within 48 hours, Passie In Actie is entitled to charge the full rate that has been agreed for the call. Missed appointments will be charged in full.

If one of the parties materially fails to fulfill its obligations and, after explicitly being notified of this by the other party, fails to comply with this obligation within a reasonable period, the other party is entitled to terminate the agreement without the terminating party the deficit party owes any compensation. The performances delivered until termination will be paid in the agreed manner. In the event that the client becomes bankrupt, Passie In Actie is entitled to immediately terminate the agreement, whereby its claims against the client become immediately due and payable. 

Article 12. Force majeure

In case of force majeure, Passie In Actie is not obliged to fulfill any obligation towards the client. Parties will in such caseenter into consultation with each other in order to find an alternative way of fulfilling the agreement.If the period of force majeure lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other party. If the aforementioned situation occurs when the agreement has been partially executed, the client is obliged to fulfill its obligations towards Passion In Actie up to that moment. Passie In Actie is entitled to invoice separately for the part already fulfilled or to be fulfilled. The client is obliged to pay this invoice as if it were a separate agreement.  

Article 13. Personal data

By entering into an agreement with Passie In Actie, Passie In Actie is granted permission for automatic processing of the personal data obtained from the agreement. Passie In Actie will only use this personal data for its own activities. 

Article 14. Dispute resolution

Dutch law applies to every agreement between Passie In Actie and the client, even if (part of) the performance of the agreement takes place abroad.Disputes arising from agreements to which these terms and conditions apply and that do not fall within the competence of the subdistrict court, will be submitted to the competent court of the district in which Passie In Actie is located.