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1. Definition of terms

1.1. General Terms and Conditions: these general terms and conditions of De Baak.
1.2. De Baak: De Baak B.V. (CoC no. 27375288) or De Baak Administratie B.V. (CoC no. 50354884), reachable via: PO Box 69, 2200 AB Noordwijk, Koningin Astridboulevard 23, 2202 BJ Noordwijk or info@debaak.nl.
1.3. Coaching: coaching, trainings or personal coaching programs.
1.4. Participant: the person participating in an education program of De Baak.
1.5. In-company program: a customized education program exclusively organized for one or more Clients by De Baak.
1.6. Client: the party (individual or organization) who wishes to conclude or has concluded a contract with De Baak.
1.7. Training: an education program in which participation is possible through open registration.
1.8. Education program: training, in-company program or coaching, or any other form of education by De Baak. An education program can consist of various education modules (in the case of trainings or company programs) or multiple coaching interviews (in the case of coaching).
1.9. Offer: any offer by De Baak to conclude a contract, at a Client’s request or otherwise.
1.10. Contract: any contract between De Baak and a Client.
1.11. Distance contract: a contract as referred to in Article 6:230g under e of the Civil Code, which exclusively uses one or more means of remote communication up to and including the conclusion of the contract.
1.12. Parties: De Baak and the Client jointly.
1.13. In writing: by letter or by email.

2. Applicability

2.1. The General Terms and Conditions apply to every Offer and Contract.
2.2. Legally valid deviation from the General Terms and Conditions is only possible in writing.
2.3. Modified General Terms and Conditions are considered to (also) apply to the (issued) Offer and the (concluded) Contract if the Client has not protested to De Baak with regard to their application in writing within 30 calendar days after the modified General Terms and Conditions were sent.

3. Conclusion of the Contract

3.1. The Offers are without obligation and valid for 30 calendar days.
3.2. Without prejudice to the provisions of paragraph 5, the Contract is concluded through written agreement from De Baak or registration with or instruction to De Baak and acceptance of this registration or instruction by De Baak.
3.3. A Contract is exclusively concluded between De Baak and the Client. The operation of Articles 7:404 and 7:407 of the Civil Code is excluded.
3.4. Any agreements, commitments and/or modifications deviating from the offer after conclusion of the Contract are only binding for De Baak if they have been confirmed in writing by De Baak.
3.5. A goal-setting interview, by telephone or otherwise, in which the learning goal of an education program are matched to the learning wishes of the participant, may form part of the training. This interview then forms the starting moment of the education program and is a condition for participation in the program concerned.

4. Performance of the Contract

4.1. Contracts concluded with De Baak create a best efforts obligation on the part of De Baak, not an obligation of result. In carrying out its activities, De Baak shall observe the care befitting a good contractor as referred to in Article 7:401 of the Civil Code.
4.2. Time frames indicated by the Client or agreed between De Baak and the Client are considered to be target dates and are therefore not binding for De Baak.
4.3. De Baak has the right to have the Contract or parts thereof performed by or partially performed by third parties. If De Baak engages third parties for the performance of a contract concluded with De Baak, De Baak is obliged to select these third parties with care.

5. Confidentiality

5.1. De Baak, its staff and/or third parties engaged by De Baak shall treat the information provided by the Client as confidential.

6. Prices

6.1. All prices listed by De Baak are in euros, exclusive of VAT. Arrangement expenses and accommodation expenses are not included in the prices, unless explicitly stated otherwise. The most up-to-date prices are indicated on the website www.debaak.nl.
6.2. De Baak may charge on to the Client cost-increasing factors (including, but not limited to, procurement prices, salaries and taxes) occurring in the interim and emerging after the conclusion of the contract.
6.3. If the Client is a private individual, and the cost-increasing factors referred to in paragraph 2 lead to a price change within three months following the conclusion of the contract, the Client has the right to terminate the Contract.
6.4. At the request of the Client, an education program can be offered, exempt of VAT. If that offer is accepted, De Baak Administratie B.V. shall arrange the education program and an advance mark-up of 10% shall be charged over the program price.

7. Invoicing and payment

7.1. De Baak sends invoices after the conclusion of the Contract.
7.2. Client shall pay the amounts owed to De Baak without set-off, suspension and/or discount within 14 calendar days after the invoice date.
7.3. If the Client has not paid the full amount within the set term, the Client is in default without further notice being required. In this event, in addition to the legal commercial or other interest, the Client also owes collection charges amounting to 15% of the amount not paid on time.

8. Relocation, rescheduling or cancellation by De Baak

8.1. De Baak has the right to relocate or reschedule an education program, education module or coaching interview to a different location, date and/or time of day without giving reasons, in which case the Client has the right to cancel the relocated or rescheduled education program, education module or coaching interview at no cost. In this event, the Client has the right to repayment of the price paid to De Baak for the cancelled education program, education module(s) or coaching interview(s).
8.2. De Baak has the right to cancel an education program, education module or coaching interview without giving reasons, in which event the Client has the right to repayment of the price paid to De Baak for the cancelled education program, education module(s) or coaching interview(s).

9. Cancellations by Client

Right of withdrawal concerning Distance Contract
9.1. For 14 calendar days after the conclusion of the Distance Contract, the Client has the right to cancel the contract without stating reasons. Where it concerns a Distance Contract relating exclusively to the registration for an education program via the website or telephone, the term of 14 calendar days commences on the day of registration/application.

Cancellation of trainings
9.2. A training can only be cancelled in writing and before commencement. In the event of such cancellation (without prejudice to the cooling-off period referred to in paragraph 1), De Baak has the right to charge the following costs to the Client:

  1. upon cancellation within three months prior to commencement: € 155 in administration/ cancellation costs;
  2. upon cancellation within six weeks prior to commencement: 50% of the price;
  3. upon cancellation within three weeks prior to commencement: 100% of the price.

9.3. With observance of the provisions of Article 3.5, a placed participant may have themselves replaced. If a replacement participates in the training, the Client still owes the price to De Baak.
9.4. If a participant or his replacement fails to attend the training without cancellation, this is considered a cancellation within three weeks prior to commencement as referred to in paragraph 2 and 100% of the price will therefore be charged.
9.5. Non-participation in an activity on the date on which one has been placed is considered a cancellation (even in the event of participation in the same activity at a later time/date).

Cancellation of coaching
9.6. Coaching interviews can only be cancelled in writing and before commencement of the relevant interview. In the event of such cancellation (without prejudice to the cooling-off period referred to in paragraph 1), De Baak has the right to charge the following costs to the Client:

  1. upon cancellation within one month prior to the commencement of the relevant coaching interview: € 155 in administration/cancellation costs;
  2. upon cancellation within two working days prior to the commencement of the relevant coaching interview: 100% of the price.

9.7. If a participant fails to attend a coaching interview without cancellation, this is considered a cancellation within two working days prior to commencement as referred to in paragraph 5 and 100% of the price will therefore be charged.

Cancellation of In-company programs
9.8. In-company programs can only be cancelled in writing and before commencement. In the event of such cancellation (without prejudice to the cooling-off period referred to in paragraph 1), De Baak has the right to charge the following costs to the Client:

  1. upon cancellation up to one month prior to commencement: the expenses actually incurred by De Baak (to be specified by De Baak), including in any event an amount of € 155 in administration/cancellation costs;
  2. upon cancellation within one month prior to commencement: the part of the price that De Baak has already invoiced, as well as the expenses actually incurred by De Baak (to be specified by De Baak).

Cancellation of overnight accommodation
9.9. Overnight accommodation reserved at De Baak can only be cancelled before the actual overnight stay and in writing. In the event of such cancellation (without prejudice to the cooling-off period referred to in paragraph 1), De Baak has the right to charge the following costs to the Client:

  1. upon cancellation within one month before the actual overnight stay: 15% of the price;
  2. upon cancellation within 14 calendar days before the actual overnight stay: 35% of the price;
  3. upon cancellation within seven calendar days before the actual overnight stay: 55% of the price.
  4. upon cancellation within three calendar days before the actual overnight stay: 85% of the price.
  5. upon cancellation within one calendar day before the actual overnight stay, on the day of the actual overnight stay or upon no show: 100% of the price.

10. Early termination by the Client

10.1. If the Client terminates the Contract early after the education program has commenced, the Client has no right to any repayment of the sum paid or still owed to De Baak by the Client.
10.2. If the Client terminates the Contract early after the education program has commenced, De Baak may demand any claims it has against the Client immediately and in full.

11. Liability

11.1. In the event that the liability of De Baak is established, De Baak is only obliged to recompense direct damages, with observance of the limitations recorded in this Article.
11.2. De Baak is not liable for indirect damage (including, but not limited to, consequential damage, fines, lost sales, lost profits, lost savings, reduced goodwill, reputation damage and immaterial damage).
11.3. De Baak is not liable for direct damage that was caused or partially caused by De Baak’s use of incomplete or deficient information provided by or on behalf of the Client, or the failure of a participant to follow safety instructions or other instructions, in the context of the event on which the liability is based.
11.4. The scope of De Baak’s liability for direct damage is at all times limited to the sum actually paid to De Baak by the insurer of De Baak.
11.5. If the Client does not personally participate in an education program, the Client guarantees that the participants have accepted the aforementioned limitations of liability.
11.6. The limitations of liability in paragraphs 1 to 4 inclusive do not apply if the damage suffered by the Client is the result of intent or willful recklessness on the part of De Baak or its supervising subordinates.

12. Intellectual property rights

12.1. To the extent that copyright, trademark right, design right, trade name right or other intellectual property rights apply to products and services provided by De Baak for the purposes of performance of the Contract, De Baak is and remains the holder (pursuant to third party licenses) or owner of these rights. The Client only receives a non-exclusive and non-transferrable right of use to the extent that this is necessary for the performance of the Contract.
12.2. The Client may use the material carriers of these rights exclusively for the purpose for which they were provided to the Client, and may not reproduce them or modify or remove indications of copyright, trademark, design, trade name or other indications.

13. Personal data

13.1. De Baak processes the personal data provided by the Client in accordance with its privacy statement.
13.2. The Client guarantees that the parties whose personal data are provided have been informed of the processing of their data by De Baak.

14. Employees of De Baak

14.1. If the Client wishes to take into employment an employee or employees deployed by De Baak in the context of a Contract within 12 months after the end of the Contract, the Client owes De Baak compensation equal to 30% of the gross annual salary of the relevant employee or employees.

15. Applicable law and disputes

15.1. The Contract is exclusively subject to Dutch law.
15.2. De Baak’s complaints and disputes policy applies to the Contract between De Baak and the Client. The complaints and disputes policy is provided on the website www.debaak.nl.

Version 4.0
June 2018

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