Article 1 – Definitions and Applicability

In these general terms and conditions, the following terms shall have the following meanings:

1. Service Provider: Remco van Lokven Coaching and Trainingen, registered with the Chamber of Commerce under number: 83811249, who uses these general terms and conditions for the provision of services.
2. Client: the person or institution who grants the service provider the assignment to perform services.
3. Client: the person using one of the services offered by the service provider.
4. The client and the customer may, but need not, be the same.
5. Unless agreed otherwise in writing, these general terms and conditions apply to all offers and agreements of the service provider.
6. Any deviations from these general terms and conditions are only valid if expressly agreed upon in writing.
7. The applicability of any terms and conditions of the client is expressly rejected by the service provider, unless expressly accepted in writing by the service provider.
8. The tacit non-application of these general terms and conditions does not confer any rights.

 

Article 2 – Quotations and Offers

1. Quotations from the service provider are based on information provided by the client.
2. All quotations and offers from the service provider are without obligation, unless expressly stated otherwise in the offer.
3. Quotations are valid until the date specified on the quotation. After this date, no rights can be derived from the underlying quotation.
4. Unless otherwise indicated in a quotation, the quoted prices for companies are exclusive of VAT and for private clients inclusive of VAT.
5. The prices mentioned on the website apply to private individuals.
6. Quotations do not automatically apply to future assignments.
7. The service provider cannot be bound by a quotation if the client can reasonably understand that (a part of) the quotation contains an obvious mistake or clerical error.

 

Article 3 – Conclusion and Performance of Agreement

1. An agreement between the service provider and a client is concluded
   by offer and acceptance.
2. An assignment is granted by signing and returning a quotation issued by the service provider, or by agreeing to a digitally sent quotation by the service provider.
3. The agreement is also deemed to have been concluded in accordance with the quotation issued by the service provider as soon as the actual service provision by the service provider commences.
4. The agreement concluded with the service provider results in an obligation of effort, not a result obligation.
5. The service provider is obliged to perform the work to be performed by it to the best of its knowledge and ability, in accordance with the requirements of good craftsmanship.
6. The service provider may perform its services in some cases (partly) with the assistance of third parties.
7. In the event of force majeure, which makes it reasonably impossible for the service provider to fulfill the agreement, the execution of the agreement will be suspended, to be fulfilled at a later date, or the agreement will be terminated, all without any obligation to pay damages.

 

Article 4 – Provision of Information by Client

1. The client is obliged to provide all personal data requested by the service provider. The service provider will only request data necessary for the performance of the agreement. If changes occur in the client’s data provided after the conclusion of the agreement, this must be communicated to the service provider.
2. The service provider is not responsible for the consequences of not receiving information from the client due to incorrect (address) details.

 

Article 5 – Payment

1. Payment must be made within the term indicated on the invoice, in a manner specified by the service provider, unless agreed otherwise. If no term has been agreed, payment must be made within 14 days of the invoice date.
2. If the client fails to make timely payment of the invoice, he is immediately in default without notice of default. The client then owes statutory interest to the service provider. In that case, the service provider may decide to suspend the service provision to the client or to terminate the agreement immediately. The service provider shall inform the client in writing of its intention to suspend the service provision or terminate the agreement.
3. Objections to the amount of the invoice do not suspend the client’s payment obligation.
4. All (extra) judicial costs associated with collection shall be borne by the client.
   Unless expressly agreed otherwise in writing, the client is the one obliged to pay the agreed price for the service provision of the service provider.

 

Article 6 – Cancellation/Termination of Agreement

1. The service provider has the right to cancel a coaching session, coaching trajectory, workshop, or training without giving reasons or to refuse participation of a client, or to refuse the coachee designated by the client, in which case the client is entitled to a refund of the full amount paid to the service provider.
2. Cancellation by the client can be done free of charge up to 6 weeks before the start of a coaching trajectory, workshop, or training. In case of non-cancellation, the client is obliged to pay the total amount of the coaching trajectory, coaching session, workshop, or training.
3. If the client or the client terminates participation in the coaching trajectory or training after commencement or otherwise does not participate, the client is not entitled to any refund, unless the specific circumstances of the case, in the opinion of the service provider, justify otherwise.
4. An individual coaching session can be canceled or rescheduled free of charge up to 24 hours before the start. The service provider aims to always proceed with appointments or reschedule them to another time. In case of cancellation within 24 hours, the service provider is entitled to charge the previously agreed price.
5. The service provider has the right to terminate the agreement immediately and without judicial intervention if the client fails to fulfill the obligations arising from the agreement, including those set forth in these terms and conditions, unless the client, after being duly notified in writing, fulfills its obligations within 14 days after dispatch of this reminder.

 

Article 7 – Liability and Risk

1. The service provider accepts no liability towards the client arising from an attributable shortcoming or wrongful act on the part of the service provider.
2. If the service provider should be liable for any damage, liability is limited to the maximum amount of the total fee of an assignment provided.
3. The limitations of liability set out in this article do not apply if the damage is due to willful intent or gross negligence on the part of the service provider or its subordinates.
4. If services provided by the service provider or otherwise cause damage to persons or property, for which the service provider is liable, that liability shall be limited to the amount of the payment under the liability insurance taken out by the service provider, including the deductible that the service provider bears in connection with that insurance.

 

Article 8: Force Majeure

The service provider is not obliged to fulfill any obligation towards the client if hindered by force majeure. The service provider may suspend the obligations under the agreement during the period of force majeure. If this period lasts longer than two months, both parties are entitled to terminate the agreement without obligation to pay damages to the other party. Services performed by the service provider before the occurrence of force majeure may be invoiced to the client.

 

Article 9 – Intellectual Property and Right of Use

The copyright and any other intellectual property rights remain with the service provider. All documents produced by the service provider and/or provided documents, such as reports, advice, calculations, etc., are solely intended for use by the client and may not be reproduced, made public, or executed by others than the service provider without prior permission from the service provider.

 

Article 10 – Complaints Procedure

Any complaints about services provided by the service provider must be made known to the service provider in writing and motivated within 8 days of delivery. In the absence thereof, the client is deemed to agree to the services provided. Filing a complaint does not release the client from its payment obligation.

 

Article 11 – Final Provisions

1. If a provision in these general terms and conditions is void or should be nullified, the other provisions of these general terms and conditions shall remain in full force. To replace the void or nullified provision, the service provider and the client shall agree on a new provision in consultation. Here, the purpose and scope of the original provision shall be taken into account as much as possible.
2. The agreement between the service provider and the client shall be governed by Dutch law.
3. These terms and conditions shall remain in force if the service provider changes its name, legal form, or owner.

Privacy Policy

To be able to carry out the assignment as well as possible, the service provider keeps a record of personal and administrative data. In order to guarantee clients and clients that their privacy is protected and their data is handled carefully, the service provider applies a privacy policy.

Article 1 – Personal Data

The personal data provided by the client to the service provider are personal data within the meaning of the Dutch Personal Data Protection Act (Wbp). The service provider is responsible for processing these personal data in accordance with the Wbp and in a proper and careful manner.
The personal data provided by the client are exclusively intended for the purpose for which they were transferred and provided. These include data that allows the service provider to carry out the assignment, data with which the service provider can keep the financial administration, and data with which the service provider can contact the client.
The client may request access to his personal data and request correction, supplementation, or modification of these data.

Article 2 – Confidentiality

The service provider treats all information about individual clients confidentially and ensures that this information is not disclosed to third parties. Only in emergencies where the client’s life or that of others is or is threatened to be in danger, this may be deviated from.
The service provider ensures that this confidentiality obligation is also complied with by any third parties engaged in the execution of its activities.

Article 3 – Retention Period

The personal data are not kept longer than necessary for the performance of the assignment, unless otherwise agreed with the client.

These general terms and conditions have been drafted by the Professional Association for Lifestyle Coaches Netherlands and registered with the Chamber of Commerce under number 64219887.