Article 1 - Definitions

1. In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise.

2. Offer: any offer or quotation to the Client for the provision of Services by Bring to Mind.

3. Company: The natural or legal person acting in the exercise of a profession or business.

4. Consumer: The natural person not acting in the exercise of a profession or business.

5. Services: Consultancy services on behalf of the Client, project management, consulting and providing (online) coaching or training in the broadest sense of the word.

6. Bring to Mind: the service provider offering Services to the Client.

7. Client: Consumer or the natural or legal person acting in the exercise of a profession or business that Bring to Mind has appointed, has granted projects to Bring to Mind for Services provided Bring to Mind or performed by Bring to Mind, or to which Bring to Mind has made a proposal under an Agreement.

8. Agreement: any Agreement and other obligations between Client and Bring to Mind, as well as proposals by Bring to Mind for Services to be provided by Bring to Mind provided to the Client and which are accepted by the Client and have been accepted and performed by Bring to Mind with which these general conditions form an indissoluble whole.

Article 2 - Applicability

1. These general conditions apply to any Offer of Bring to Mind, any Agreement between Bring to Mind and Customer, and any service provided by Bring to Mind offered.

2. Before concluding an Agreement, the Client shall be provided with these general terms and conditions. If this is not reasonably possible, Bring to Mind indicate to the Client how the Client may inspect the general terms and conditions.

3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general conditions may be deviated from insofar as this is explicitly agreed on in writing by Bring to Mind.

4. These general terms and conditions also apply to additional, amended and follow-up orders from the Client.

5. Client's general terms and conditions are excluded.

6. If one or more provisions of these general terms and conditions are partially or wholly void or annulled, the remaining provisions of these general terms and conditions shall remain in force, and the void/annulled provision(s) shall be replaced by a provision with the same purport as the original provision.

7. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained according to the spirit of these general terms and conditions.

8. The applicability of Sections 7:404 and 7:407 (2) of the Civil Code is explicitly excluded.

9. Where reference is made in these general terms and conditions to they/them, this should also be construed as a reference to he/she/it/their/that/they/them, if and to the extent applicable.

10. In case Bring to Mind has not always required compliance with these general conditions, it shall retain its right to demand full or partial compliance with these general conditions.

Article 3 - The Offer

1. All Offers made by Bring to Mind are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.

2. Bring to Mind is only bound to an Offer if it is confirmed by the Client in writing within 30 days. Nevertheless Bring to Mind has the right to terminate an agreement with a (potential) Client at any time.

3. The offer contains a description of the Services offered. The description is sufficiently specified so that the Client is able to make a proper assessment of the offer. Any details in the offer are only indicative and cannot be a ground for any compensation or dissolution of the Agreement.

4. Offers or quotations do not automatically apply to follow-up orders.

5. Delivery times in the offer of Bring to Mind are in principle indicative and, if exceeded, shall not entitle the Customer to dissolution or damages, unless expressly agreed otherwise.

Article 4 - Conclusion of the Agreement

1. The Agreement is concluded at the moment that the Customer receives an Offer or Agreement from Bring to Mind, by sending a signed copy (digital, scanned or original) to Bring to Mind, or explicitly and unambiguously agrees to the Offer by e-mail.

2. Bring to Mind has the right to revoke the (signed) Agreement within 5 working days of receiving the acceptance.

3. Bring to Mind is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or slip of the pen.

4. Any Agreement concluded with Bring to Mind entered into or a project submitted by the Client to Bring to Mind is awarded, is vested in the company and not by any individual person associated with Bring to Mind.

5. The Client's right of withdrawal is excluded, unless otherwise agreed.

6. If the Agreement is entered into by more than one Principal, each Principal shall be individually jointly and severally liable for the fulfilment of all obligations arising from the Agreement.

Article 5 - Duration of the Agreement

1. The Agreement is entered into for an indefinite period, unless the content, nature or scope of the assignment implies that it is entered into for a definite period. The duration of the assignment also depends on external factors including, but not limited to, the quality and timely delivery of the information required by Bring to Mind obtained from the Client.

2. Both Client and Bring to Mind may dissolve the Agreement on the basis of an attributable failure in the fulfilment of the Agreement if the other party has been given notice of default in writing and has been given a reasonable period to fulfil its obligations and it still fails to fulfil its obligations correctly. This also includes the Customer's payment and cooperation obligations.

3. The Consumer is entitled to its statutory withdrawal period. In case of withdrawal, Consumer is obliged to reimburse the actual costs.

4. In the event of early termination of the Fixed-term Agreement after the statutory cooling-off period, Client being Consumer shall owe the full costs from the Agreement/Offer.

5. The parties may terminate the Agreement for an indefinite period by letter with one month's notice.

6. In case of early termination of the Agreement for a definite period, the Client shall owe the full costs from the Agreement/Offer.

7. Both Client and Bring to Mind may terminate all or part of the Agreement in writing with immediate effect without further notice of default in the event that one of the parties is in suspension of payments, bankruptcy is applied for or the relevant company ends by liquidation. If a situation as mentioned above occurs, Bring to Mind is never obliged to refund money already received and/or compensation for damages.

Article 6 - Performance of services

1. Bring to Mind shall endeavour to perform the agreed service with the utmost care as may be expected of a good service provider. Bring to Mind guarantees a professional and independent service. All Services are performed on the basis of an obligation to perform to the best of one's ability, unless a result has been explicitly agreed upon in writing and described in detail.

2. The Agreement on the basis of which Bring to Mind performs the Services is leading for the scope and extent of the Services. The Agreement shall only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.

3. The information and data provided by the Client shall be the basis on which the information and data provided by Bring to Mind Services offered and prices are based on. Bring to Mind has the right to adjust its Services and its prices if the information provided turns out to be incorrect and/or incomplete.

4. In the performance of the Services, Bring to Mind is not obliged or bound to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Bring to Mind, the Client shall be obliged to pay the additional additional costs accordingly on the basis of a new quotation.

5. Bring to Mind is entitled to engage third parties at its discretion for the performance of the Services.

6. If the nature and duration of the assignment so require, Bring to Mind will keep Client informed on the progress in the interim via the agreed manner.

Article 7 - Obligations of the Client

1. Client shall be obliged to provide all information requested by Bring to Mind as well as relevant attachments and related information and data in time and/or before the commencement of the work and in the desired form for the correct and efficient execution of the Agreement. Failing this, it is possible that Bring to Mind is unable to realise a full execution and/or delivery of the relevant pieces. The consequences of such a situation shall at all times be for the account and risk of the Client.

2. Bring to Mind is not obliged to check the accuracy and/or completeness of the information provided to Bring to Mind or to update Client regarding the information if it has changed over time, nor is Bring to Mind responsible for the accuracy and completeness of the information provided by Bring to Mind compiled for third parties and/or provided to third parties in the context of the Agreement.

3. Bring to Mind may, if necessary for the execution of the Agreement, request additional information. Failing this, Bring to Mind is entitled to suspend its work until the information is received, without being obliged to pay any compensation for damages on any account whatsoever to the Client. In the event of changed circumstances, the Customer must notify Bring to Mind immediately or no later than 3 working days after the change has become known.

Article 8 - Consultancy and advice

1. Bring to Mind may, if so instructed, prepare an advice, plan of action, design, report, planning and/or report for the purpose of the services. The content thereof is non-binding and only advisory in nature, but shall be kept confidential. Bring to Mind observes its duties of care. The client decides on its own responsibility whether to follow the advice.

2. The by Bring to Mind given advices in whatever form, can never be regarded as binding advice. Also if Bring to Mind assists Client in negotiations, or brings Client in contact with third parties, this advice is never legal advice. If Client interprets this advice as legal and/or tax advice, Client should first consult with a trained specialist (lawyer/tax consultant).

3. Client shall, at the first request of Bring to Mind obliged to evaluate proposals provided by it. If Bring to Mind is delayed in its work, because the Client does not or not timely provide an assessment on a proposal submitted by Bring to Mind, the Client shall at all times be responsible for the consequences arising from this, such as delay.

4. The nature of the service implies that the outcome is at all times dependent on external factors that may affect the reports and advice of Bring to Mind such as the quality, accuracy and timely supply of necessary information and data from the Client and its employees. Client guarantees the quality and the timely and correct supply of the necessary data and information.

5. Client shall notify Bring to Mind in writing prior to the commencement of the work all circumstances that are or may be relevant including any points and priorities for which the Client wishes attention.

Article 9 - (Online) Training, workshops and/or coaching.

1. If instructed, Bring to Mind can provide training and/or coaching for the Client and its employees. When reference is made hereafter to training, this also includes coaching.

2. The training can take place at the location of the Customer or at a location of Bring to Mind. The Client is obliged to make the facilities required for the training available on time. If a training cannot take place or is delayed because the Customer has not complied with the aforementioned obligation, all consequences will be at the expense and risk of the Customer. Bring to Mind is also entitled to give instructions regarding the suitability of the location and facilities before the start of the training.

3. The contents of the training offered by Bring to Mind and the advice given during the training are not binding and of an advisory nature only, but Bring to Mind shall observe its obligations of care. The training will be tailored as much as possible to the wishes of the Client as well as the needs of the participant(s).

4. Client shall notify Bring to Mind in writing prior to the commencement of the training of any circumstances that are or may be of concern including any items and priorities for which Client wishes attention.

5. Bring to Mind is entitled to cancel or reschedule the training if there are too few registrations. It is at the sole discretion of Bring to Mind to reschedule the training. If the Customer is not available on the new date, the Customer is entitled to a pro rata refund of monies paid or to participate in the training on another date. The parties will consult on this matter. If there are too many applications, Bring to Mind is entitled to have the training take place in multiple sessions and charge more fees. If applicable, the aforementioned situation will be discussed with Client in a timely manner.

Article 10 - Additional work and modifications

1. If during the execution of the Agreement it appears that the Agreement should be amended, or at the request of the Client further work is necessary to achieve the desired result of the Client, the Client is obliged to pay for this additional work according to the agreed rate. Bring to Mind is not obliged to comply with this request, and may require Client to conclude a separate Agreement for this purpose and/or refer to an authorized third party.

2. If the additional work is the result of negligence of Bring to Mind, Bring to Mind has made a wrong estimate or could have reasonably foreseen the work in question, these costs shall not be charged to the Client.

Article 11 - Prices and payment

1. All prices are in principle inclusive of sales tax (VAT), unless otherwise agreed.

2. Bring to Mind performs its services in accordance with the agreed (hourly) rate.

3. If agreed, travel time will be charged to the Client.

4. Client is obliged to fully reimburse the costs of third parties, which are used by Bring to Mind after approval of Client, unless explicitly agreed otherwise.

5. The parties may agree that the Client shall make an advance payment. If an advance payment has been agreed, the Client must pay the advance payment before the performance of the services is commenced.

6. Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.

7. Bring to Mind is entitled to increase the applicable prices and rates annually in accordance with the prevailing inflation rates. Other price changes during the Agreement are only possible if and insofar as they are explicitly stipulated in the Agreement.

8. Client must pay these costs in one lump sum, without set-off or suspension, within the specified payment period of no later than 30 days as stated on the invoice, to the account number and details of Bring to Mind made known to it.

9. In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or petition for payment against Client, payment and all other obligations of Client under the Agreement shall become immediately due and payable.

Article 12 - Collection policy

1. When Client fails to fulfill her payment obligation, Client shall be in default by operation of law.

2. From the date Client is in default, Bring to Mind shall without further notice be entitled to the statutory commercial interest from the first day of default until full payment, and compensation for extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of July 1, 2012.

3. If Bring to Mind has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. The full legal and execution costs incurred shall be borne by the Customer.

Article 13 - Privacy, data processing and security

1. Bring to Mind will handle the (personal) data of the Customer with care and will only use them in accordance with the applicable standards. If requested, Bring to Mind will inform the person concerned.

2. Client is solely responsible for the processing of data that are processed with the use of a service of Bring to Mind. Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Bring to Mind against any (legal) claim related to these data or the execution of the Agreement.

3. If under the Agreement Bring to Mind requires to provide security of information, this security will meet the agreed specifications and a security level that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 14 - Suspension and dissolution

1. Bring to Mind has the right to retain the received or realised data, data files and more if the Customer has not yet (fully) complied with its payment obligations. This right shall remain in full force if for Bring to Mind a justified reason arises which justifies suspension in that case.

2. Bring to Mind is authorised to suspend the fulfilment of its obligations as soon as Client is in default with the fulfilment of any obligation arising from the Agreement, including late payment of its invoices. The suspension will immediately be confirmed to the Client in writing.

3. Bring to Mind shall in such case not be liable for damages, on any grounds whatsoever, resulting from the suspension of its operations.

4. The suspension (and/or dissolution) shall not affect the Customer's payment obligations for work already performed. Furthermore, Client shall be obliged to compensate Bring to Mind for any financial loss suffered by Bring to Mind as a result of Client's default.

Article 15 - Force majeure

1. Bring to Mind shall not be liable if it cannot fulfill its obligations under the Agreement as a result of force majeure.

2. Force majeure on the part of Bring to Mind shall at least include, but is not limited to: (i) force majeure of suppliers of Bring to Mind, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended to Bring to Mind by Client or its third parties, (iii) defectiveness of software or any third parties involved in the implementation of the service, (iv) government measures, (v) failure of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of Bring to Mind or third parties engaged by it and (vii) other situations which, in the opinion of Bring to Mind, fall outside its sphere of influence which temporarily or permanently prevent the fulfillment of its obligations.

3. In the event of force majeure, both Parties shall have the right to dissolve the Agreement in whole or in part. All costs incurred before the dissolution of the Agreement shall in that case be paid by the Client. Bring to Mind is not obliged to compensate Client for any losses caused by such rescission.

Article 16 - Limitation of liability

1. If any result stipulated in the Agreement is not achieved, a shortcoming of Bring to Mind shall be deemed to exist only if Bring to Mind explicitly promised this result at the time of acceptance of the Agreement.

2. If there is an attributable shortcoming of Bring to Mind, Bring to Mind shall only be obliged to pay any compensation if the Client has given Bring to Mind notice of default within 14 days after the discovery of the shortcoming and Bring to Mind has not subsequently remedied this shortcoming within a reasonable period. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that Bring to Mind is able to respond adequately.

3. If the performance of Services by Bring to Mind leads to liability of Bring to Mind, such liability shall be limited to the total amount invoiced within the framework of the Agreement, but only with respect to the direct damage suffered by the Client unless the damage is the result of intent or recklessness bordering on intent on the part of Bring to Mind. Direct damage means: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of damage, the direct damage, the liability and the manner of recovery.

4. Bring to Mind expressly excludes all liability for consequential damages. Bring to Mind is not liable for indirect damage, trading loss, loss of profits and/or losses suffered, missed savings, damage due to business stagnation, capital losses, delay damage, interest damage and immaterial damage.

5. Client shall indemnify Bring to Mind for all claims of third parties as a result of a defect as a consequence of a service provided by Client to a third party and consisted in part of Services provided by Bring to Mind, unless Client can prove that the damage was caused solely by the service provided by Bring to Mind.

6. Any advice provided by Bring to Mind, based on incomplete and/or incorrect information provided by the Client, shall never be grounds for liability of Bring to Mind.

7. The content of the delivered advice of Bring to Mind is not binding and only advisory in nature. The client decides by itself and on its own responsibility whether it follows the proposals and advice of Bring to Mind. All consequences arising from following the advice shall be for the account and risk of the Client. The Client is at all times free to make its own choices deviating from the advice of Bring to Mind. Bring to Mind is not obliged to any form of refund if this is the case.

8. If a third party is engaged by or on behalf of Client, Bring to Mind shall never be liable for the actions and advice of the third party engaged by Client as well as the processing of results (of drafted advice) of the third party engaged by Client in Bring to Mind's own advice.

9. Bring to Mind is not responsible for the correct and complete transmission of the content of and by/on behalf of Bring to Mind sent by e-mail, nor for its timely receipt.

10. Under no circumstances is Bring to Mind liable if the leads selected by it do not meet the Client's expectations.

11. All claims of Client for shortcomings on the part of Bring to Mind shall expire if they have not been reported in writing and motivated to Bring to Mind within one year after Client was aware or could reasonably be aware of the facts on which it bases its claims. One year after the termination of the Agreement between the parties, the liability of Bring to Mind expires.

Article 17 - Confidentiality

1. Bring to Mind and Client undertake to keep confidential all confidential information obtained in the context of an order. Confidentiality arises from the order and must also be assumed if it can reasonably be expected to be confidential information. Confidentiality shall not apply if the information in question is already public/general knowledge, the information is not confidential and/or the information has not been disclosed to Bring to Mind by Client during the Agreement and/or has been obtained by Bring to Mind in any other way.

2. In particular, the confidentiality relates to advice, reports, designs, working methods and/or reports drawn up by Bring to Mind concerning the assignment of the Client. The Client is expressly forbidden to share the contents thereof with employees who are not authorised to take note thereof and with (unauthorised) third parties. Furthermore, Bring to Mind will always exercise due care in handling all business sensitive information provided by the Client.

3. If by virtue of a statutory provision or a judicial decision Bring to Mind is obliged to (communicate) the confidential information to by law or competent court or indicated third party and Bring to Mind can not invoke a right to privilege, Bring to Mind is not obliged to any compensation and does not give the Client any ground for dissolution of the Agreement.

4. The transfer or distribution of information to third parties and/or publication of statements, advice or productions provided by Bring to Mind to third parties requires the written consent of Bring to Mind, unless such consent has been expressly agreed in advance. Client shall indemnify Bring to Mind for all claims by such third parties resulting from reliance on such information distributed without the written consent of Bring to Mind.

5. The obligation of confidentiality on Bring to Mind and Client shall also impose on the third parties to be engaged by them.

Article 18 - Intellectual Property Rights.

1. All IP rights and copyrights of Bring to Mind including in any case, but not limited to all designs, texts, models, reports and advice shall be held exclusively by Bring to Mind and shall not be transferred to the Client unless expressly agreed otherwise.

2. If it is agreed that one or more of the aforementioned items or works of Bring to Mind will be transferred to the Client, Bring to Mind is entitled to conclude a separate Agreement for this and to demand an appropriate monetary compensation from the Client. Such compensation must be paid by the Client before it acquires the relevant goods or works with the IP rights vested in them.

3. The Client is prohibited from disclosing and/or reproducing, modifying or making available to third parties (including use for commercial purposes) all documents and software subject to the IP rights and copyrights of Bring to Mind without the express prior written consent of Bring to Mind. If the Client wishes to make changes to items delivered by Bring to Mind, Bring to Mind must explicitly approve the intended changes.

4. The Client is prohibited from using the items and records subject to the intellectual property rights of Bring to Mind other than as agreed in the Agreement.

5. The parties shall inform each other and take joint measures if an IP rights infringement occurs.

Article 19 - Indemnity and accuracy of information

1. The Client itself is responsible for the accuracy, reliability and completeness of all data, information, documents and/or records, in any form whatsoever that it provides to Bring to Mind within the framework of an Agreement, as well as for the data obtained from third parties and provided to Bring to Mind for the implementation of the Service.

2. Client shall indemnify Bring to Mind from any liability as a result of the failure to fulfill the obligations regarding the timely provision of all accurate, reliable and complete data, information, documents and/or records.

3. Client shall indemnify Bring to Mind for all claims of Client and third parties engaged by it or working under it, as well as of clients of Client, based on the failure to obtain (in a timely manner) any subsidies and/or permissions required for the execution of the Agreement.

4. The Client shall indemnify Bring to Mind for all claims of third parties arising from the work carried out on behalf of the Client, including but not limited to intellectual property rights on the data and information provided by the Client which may be used in the execution of the Agreement and/or the acts or omissions of the Client towards third parties.

5. If Client provides electronic files, software or data carriers to Bring to Mind, Client guarantees that these are free of viruses and defects.

Article 20 - Complaints

1. If Client is not satisfied with the service of Bring to Mind or otherwise has complaints about the execution of its order, Client is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the relevant reason that led to the complaint. Complaints may be reported verbally or in writing with the subject line “Complaint”.

2. The complaint must be sufficiently substantiated and/or explained by the Client in order for Bring to Mind to handle the complaint.

3. Bring to Mind will respond to the complaint as soon as possible, but no later than 21 calendar days after receipt of the complaint.

4. The parties will try to reach a solution together.

Article 21 - Applicable law

1. The legal relationship between Bring to Mind and Client shall be governed by Dutch law.

2. Bring to Mind has the right to amend these general terms and conditions and will inform the Customer accordingly.

3. In case of translations of these general terms and conditions, the Dutch version shall prevail.

4. All disputes arising from or as a result of the Agreement between Bring to Mind and Client shall be settled by the competent court of Noord-Holland District Court (Netherlands) unless provisions of mandatory law designate another competent court.

Article 1 - Definitions

1. In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise:

2. Offer: Any written offer to Customer to supply Products by Bring to Mind to which these terms and conditions are inextricably linked.

3. Consumer: The natural person not acting in the exercise of a profession or business.

4. Customer: the Consumer who enters into a Distance Agreement with Bring to Mind and purchases an online training course and/or webinar.

5. Agreement: The distance purchase agreement for the sale of and access to Products or Services purchased by Customer from Bring to Mind.

6. Digital Products or Services: The Products or Services provided by Bring to Mind are online courses, trainings and/or webinars in the field of personal development.

7. Bring to Mind: The provider of Products/Services to Customer.

Article 2 - Applicability

1. These general conditions apply to any Offer of Bring to Mind, any Agreement between Bring to Mind and Customer and any Product and/or Service provided or offered by Bring to Mind.

2. Before concluding an Agreement (at a distance), Customer shall be provided with these general terms and conditions. If this is not reasonably possible, Bring to Mind indicate to the Customer in what way the Customer can consult the general conditions, which will in any case be available on the website of Bring to Mind, so that the Customer can easily store these general conditions on a durable data carrier.

3. Deviation from these general terms and conditions is not possible. In exceptional situations, the general conditions may be deviated from insofar as this is explicitly agreed in writing with Bring to Mind has been agreed.

4. These general terms and conditions also apply to additional, amended and follow-up orders from the Client.

5. If one or more provisions of these general terms and conditions are partially or wholly void or annulled, the remaining provisions of these general terms and conditions shall remain in force, and the void/annulled provision(s) shall be replaced by a provision with the same purport as the original provision.

6. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained according to the spirit of these general terms and conditions.

7. Where reference is made in these general terms and conditions to they/them, this is also to be construed as a reference to she/him/his/their/that/them, if and to the extent applicable.

8. In addition to these general terms and conditions, the general and/or terms of use of the third party hosting the training course and/or webinar shall apply.

Article 3 - The Offer

1. All Offers made by Bring to Mind are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the Offer.

2. Bring to Mind is only bound to an Offer if Customer has already paid the amount due. Nevertheless Bring to Mind has the right to terminate an agreement with a (potential) Customer at any time, for justified reasons by Bring to Mind.

3. The Offer contains an accurate description of the digital Product or Service offered with corresponding prices. The description is detailed enough to enable the Customer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Bring to Mind. Any details in the Offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement (at a distance).

4. Offers or quotations do not automatically apply to follow-up orders.

Article 4 - Conclusion of the Agreement

1. The Agreement is concluded at the moment that Customer receives an Offer from Bring to Mind by paying for the relevant Product or Service through the designated payment service upon which Customer will in turn receive access to training and/or webinar.

2. An Offer may be made by Bring to Mind via the website.

3. If Customer has accepted the Offer by entering into an Agreement with Bring to Mind, Bring to Mind confirms the Agreement with Customer in writing, at least by e-mail.

4. If the acceptance deviates (on minor points) from the Offer, Bring to Mind is not bound by it.

5. Bring to Mind is not bound by an Offer if Customer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Customer cannot derive any rights from this mistake or slip of the pen.

6. Customer has no right of withdrawal in case of the purchase of Digital Services or Products such as the purchase of the online training and/or webinar, if Customer expressly waives this right. Customer obtains access to the Digital Services via the agreed manner immediately after payment.

Article 5 - Execution of the Agreement

1. Bring to Mind shall execute the Agreement to the best of its knowledge and ability.

2. If and to the extent required for the proper performance of the Agreement, Bring to Mind has the right to have certain work performed at its discretion by third parties.

3. The Customer ensures that all information that Bring to Mind indicates is necessary or that the Customer should reasonably understand is necessary for the execution of the Agreement, is provided to Bring to Mind in a timely manner. If the information required for the execution of the Agreement has not been provided to Bring to Mind in a timely manner, Bring to Mind has the right to suspend the execution of the Agreement.

4.Bring to Mind may require security from the Customer before proceeding to execute the Agreement, or full payment in advance.

5. Bring to Mind is not liable for damage of any nature whatsoever caused by Bring to Mind relying on incorrect and/or incomplete information provided by the Customer, unless Bring to Mind was aware of this incorrectness or incompleteness. The Customer indemnifies Bring to Mind against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Customer.

6. The result of the training and/or webinar is at all times dependent on the commitment of the Customer. Everyone is expected to actively participate in the training/webinar.

Article 6 - Online training and/or webinar

1. If Customer has purchased an online training and/or webinar, Customer will be given access to the Service via a third party's online portal. Customer must, before access is given to this online portal, agree to the terms of use of this third party. Bring to Mind grants Customer a non-exclusive and limited right of use in respect of the online training and/or webinar.

2. Customer may only use the online learning environment for its own activities. Consequently, the right of use is not transferable and the Customer is not allowed to sell, rent out, sublicense or make the right of use available to a third party in any way or for any purpose.

3. Customer can only access the online modules if the payment conditions have been met. After payment of the training and/or webinar, Customer will receive an access link to the page where the training and/or webinar is hosted after which Customer will get access to the training and/or webinar that has been purchased. Customer must then create an Account and can access the training and/or webinar by logging in to the Account.

4. In case of technical problems, Customer should notify Bring to Mind of this in writing by e-mail. Bring to Mind will take the necessary measures to restore access to the service. If Customer is unable to use the access to the service for a period of time, the access to the service will, at the request of Customer, be extended by the period during which use of the service was not possible due to technical problems. Such a request should be made by e-mail and will only be granted if the technical problems are at the expense and risk of Bring to Mind.

5.If Customer has paid for access, but does not use it, Bring to Mind will not refund the money already paid.

6. If the Customer wants to follow another training/webinar, the Customer must purchase access to a new course.

Article 7 - Prices and payment

1. All prices are in principle exclusive of sales tax (VAT), unless otherwise agreed.

2. Bring to Mind offers its Products or Services in accordance with a fixed rate. Payment must be made in advance in the currency of the invoice via the indicated payment service.

3. Customer shall make payment in a lump sum or in terms (as agreed) to the account number and details of Bring to Mind.

4. In the event of liquidation, bankruptcy, attachment or suspension of payments of the Buyer, the claims of Bring to Mind against the Buyer shall be immediately due and payable.

5. Bring to Mind shall be entitled to apply the payments made by the Buyer first to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the accrued interest. Bring to Mind may, without thereby being in default, refuse an offer of payment, if the Buyer designates a different sequence of attribution. Bring to Mind may refuse full repayment of the principal sum, if this does not include the interest due and accrued and the costs.

6. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the stipulated payment period of 14 days, the Buyer being a Business shall be in default. The Buyer being a Consumer shall first receive a written reminder with a period of 14 days after the date of the reminder to still fulfil the payment obligation with an indication of the extrajudicial costs if the Consumer does not fulfil its obligations within that period, before it is in default.

7. From the date the Buyer is in default, Bring to Mind, without further notice of default, claims the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.

8. If Bring to Mind has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. Judicial and execution costs incurred shall also be borne by the Buyer.

Article 8 - Privacy, data processing and security

1. Bring to Mind handles the (personal) data of Customer and visitors of the website(s) with care. If requested, Bring to Mind informs the person concerned.

2. If Bring to Mind is required under the Agreement to provide for the security of information, such security shall comply with the agreed specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.

Article 9 - Suspension and dissolution

1. Bring to Mind is authorised to suspend the fulfilment of its obligations or to dissolve the Agreement, if Customer does not or not fully fulfil its (payment) obligations under the Agreement.

2. Moreover, Bring to Mind is authorised to dissolve the existing Agreement between it and the Customer, in so far as it has not yet been executed, without judicial intervention, if the Customer does not timely or does not properly fulfil the obligations arising for him from any agreement with Bring to Mind.

3. Furthermore, Bring to Mind is authorised to dissolve the agreement without prior notice if circumstances arise which are of such nature that fulfilment of the agreement is impossible or can no longer be required by standards of reasonableness and fairness, or if other circumstances arise which are of such nature that unaltered maintenance of the agreement can no longer be reasonably expected.

4. If the Agreement is dissolved, the claims of Bring to Mind on Customer shall be immediately due and payable. When Bring to Mind suspends the fulfilment of its obligations, it shall retain its claims under the law and Agreement.

5.Bring to Mind retains the right to claim damages at all times.

Article 10 - Limitation of liability

1. If the performance of the Agreement by Bring to Mind leads to liability of Bring to Mind towards the Customer or third parties, that liability shall be limited to the amount charged by Bring to Mind in connection with the Agreement. Bring to Mind charged in connection with the Agreement unless the damage has arisen due to intent or gross negligence.

2. If there is an attributable failure of Bring to Mind, Bring to Mind is only obliged to pay any compensation if Customer notifies Bring to Mind within 14 days after the discovery of the breach, and Bring to Mind has not subsequently remedied this shortcoming within a reasonable period. The notice of default must be in writing and contain such an accurate description/substantiation of the shortcoming, so that Bring to Mind is able to respond adequately

3. Bring to Mind expressly excludes all liability for consequential damages. Bring to Mind is not liable for indirect damage, trading loss, loss of profits and/or losses suffered, missed savings, damage due to business stagnation, capital losses, delay damage, interest damage and immaterial damage.

4. Customer indemnifies Bring to Mind for all third party claims resulting from a defect as a consequence of a service provided by Customer to a third party and partly consisting of by Bring to Mind Services, unless Customer can prove that the damage is exclusively caused by the service of Bring to Mind.

5. Successful completion of a training course by Customer is not guaranteed. Customer is always responsible for the successful completion of the training. Bring to Mind is obliged to use its best efforts to guide the Customer within the framework of the Agreement. Any liability for damage suffered by Customer as a result of not successfully completing the training is excluded, including consequential damage. All this except in the situation of intent or deliberate recklessness of Bring to Mind.

6. Bring to Mind is not liable for damage which is or may be the result of any act or omission as a result of (imperfect and/or incorrect) information on the website(s) or from linked websites.

7. Bring to Mind is not responsible for errors and/or irregularities in the functionality of the website and is not liable for breakdowns or unavailability of the website for any reason.

8. Bring to Mind does not guarantee the correct and complete transmission of the contents of e-mails and by/on behalf of Bring to Mind, nor for the timely receipt thereof.

9. All claims of Customer for failure on the part of Bring to Mind lapse if they have not been reported in writing and motivated to Bring to Mind within one year after the Customer was aware or could reasonably have been aware of the facts on which she bases her claims. All claims of Customer lapse in any case one year after the termination of the Agreement.

Article 11 - Force majeure

1. Bring to Mind is not liable if, as a result of a force majeure situation, it cannot fulfil its obligations under the Agreement, nor can it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance which is not attributable to its fault and which is not for its account by virtue of the law, legal act or generally accepted practice.

2. Force majeure includes in any case, but is not limited to what is understood in law and jurisprudence in this respect, (i) force majeure of suppliers of Bring to Mind, (ii) failure of suppliers to properly fulfil their obligations to Bring to Mind, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of Internet, data network and telecommunication facilities (for example by: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the company of Bring to Mind, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the company of Bring to Mind, and (xi) other situations which in the opinion of Bring to Mind is beyond its control which temporarily or permanently prevent the fulfilment of its obligations.

3. In case of force majeure, both Parties have the right to terminate the Agreement in whole or in part. In the event of partial termination, Bring to Mind refunds the part that has not taken place due to force majeure. Customer is not entitled to a refund if part of the Agreement has been fulfilled. In case of complete dissolution, Customer is entitled to restitution of the money already paid. Bring to Mind is not obliged to compensate Customer for any losses caused by such a revocation.

Article 12 - Transfer of risk

The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to Customer at the moment when the items are delivered to Customer's control. This is the case if the Products have been delivered to Customer's digital delivery address (email address provided).

Article 13 - Intellectual property rights

1. All intellectual property rights and copyrights of Bring to Mind belong exclusively to Bring to Mind and are not transferred to Customer.

2. The Customer is prohibited from disclosing and/or multiplying, modifying or making available to third parties all documents in which Bring to Mind's intellectual property rights and copyrights rest without explicit prior consent in writing by Bring to Mind.

3. The Customer is prohibited from using the Products to which the intellectual property rights of Bring to Mind otherwise than as agreed in the Agreement.

4. Any infringement by the Client of the IP rights (and copyrights) of Bring to Mind, shall be punished by a one-off fine in the amount of €10,000 (in words: ten thousand euros) and a fine of €100 (in words: one hundred euros) for each day that the infringement continues.

Article 14 - Confidentiality

1. Bring to Mind and Customer undertake to keep all confidential information obtained confidential in the context of the Agreement. Confidentiality arises from the order and must also be assumed if it can reasonably be expected to be confidential information. Confidentiality shall not apply if the information in question is already publicly/generally known, the information is not confidential and/or the information is not provided by the Client during the Agreement to Bring to Mind and/or in any other way obtained by Bring to Mind.

2. If Bring to Mind pursuant to a statutory provision or a judicial decision, Bring to Mind is obliged to (communicate) the confidential information to a third party designated by the law or a competent court and Bring to Mind cannot invoke a right to privilege, Bring to Mind is not liable for any compensation and shall not give the Customer any ground for dissolution of the Agreement.

3. Bring to Mind and the Client also impose the obligation of confidentiality on the third parties they engage with.

Article 20 - Complaints

1. If Client is not satisfied with the service of Bring to Mind or otherwise has complaints about the execution of its order, Client is obliged to report these complaints as soon as possible, but at the latest within 7 calendar days after the relevant reason that led to the complaint. Complaints may be reported verbally or in writing with the subject line “Complaint”.

2. The complaint must be sufficiently substantiated and/or explained by the Client in order for Bring to Mind to handle the complaint.

3. Bring to Mind will respond to the complaint as soon as possible, but no later than 21 calendar days after receipt of the complaint.

4. The parties will try to reach a solution together.

Article 16 - Applicable law

1. The legal relationship between Bring to Mind and Client shall be governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.

2. In case of interpretation of the content and scope of these general conditions, the Dutch text thereof shall always prevail. Bring to Mind has the right to change these general terms and conditions unilaterally.

3. All disputes arising out of or as a result of the Agreement between Bring to Mind and Client, shall be settled by the competent court of the District Court of Noord-Holland, the Netherlands, less provisions of mandatory law designate another competent court.

ARTICLE 1 - Definitions

Organiser: Novigate (brandname) used by Bring to Mind B.V. registered under Chamber of Commerce number [92670059]

Traveller: any person who is seeking to conclude a Contract with the Organiser or any person who is entitled to travel on the basis of the Contract.

Travel service: the services that are part of the Trip, such as carriage of passengers, rental of motor vehicles, accommodation and excursions.

Travel service provider: The service provider that executes part of the Trip such as facilitators of accommodation, transport service providers, external guides, etc.).

Contract: the agreement regarding the booked Trip, including these Terms & conditions.

Written: in writing or by electronic means including e-mail.

Terms & conditions: these General Terms and conditions.

Package: a travel package (“pakketreis”) in the sense of article 7:500 sub b of the Dutch Civil Code.

Trip: a package or if the Terms & conditions are applied a sole Travel service.

Working days: Monday to Friday, with the exemption of Dutch public holidays, within office hours (9h-17h Dutch time).

ARTICLE 2 – Applicability of the Terms & conditions

2.1       Package travel

The Terms & conditions are applicable to all Packages offered by or concluded with the Organiser.

2.2       Travel service

The Terms & conditions can be applied to Travel services that are not part of a Package. Title 7a of part 7 of the Dutch Civil Code which determines rules on package travel is not applicable. These Travel services are not protected by guarantees for insolvency of the Organiser, unless in the offer it is mentioned which party provides insolvency protection for the offered Travel service and coverage is stipulated in the guarantee- or insurance conditions.

2.3       Derogation of the Terms & condition and additional terms and conditions

Derogation of the Terms & condition and additional terms and conditions are only valid in Written form and are superseding the conditions in these Terms & conditions.

Article 3 – Formation of the contract

3.1       Content of the offer

The offer of the Trip only contains the services and facilities that are explicitly mentioned in the offer and publications of the Organiser. Information in publications of Travel service providers are not part of the offer, whether or not there is a link provided to these publications in the offer of the Organiser. The period of the Trip is stated in whole days. The day of departure and arrival are counted as whole days.

3.2       Non-binding offer

The offer made by the Organiser is non-binding. After the offer has been accepted, the offer can be revoked by the Organiser until 17.00h CET of the next Working day.

3.3       Booking

De Contract is concluded after the Traveller has accepted the offer of the Organiser and subject to availability of the Trip.  

3.4       Apparent errors

Apparent errors in the offer do not bind the Organiser. If there is any reason for doubt, the Traveller should enquire with the Organiser.

3.5       Preferences

Preferences communicated by the Traveller are non-binding and do not create rights, unless the Organiser confirms in Writing that the preference shall be honoured. The sole reference as a preference on travel documents and the booking confirmation does not constitute this acceptance.

3.6       Special requirements

If the Traveller communicates medical requirements or other compelling interests as a ‘requirement’ to the Organiser before booking, the Organiser shall assess whether or not it can comply. If the Organiser cannot or does not want to comply, the contract shall not be concluded. The Organiser can alter the price of the trip due to the communicated requirements.

3.7       Confirmation of the booking

The Organiser will send a confirmation of the booking after the booking of the Trip and the check of availability.    

3.8       Revocation by the Traveller

A booking made by the Traveller is irrevocable. The Traveller has no right of withdrawal of the Contract.

3.9       Minors

The Traveller who books a Trip has to be an adult of 21 yrs. or older.

3.10     Booking for other Travellers & communication

The Traveller that books for other Travellers, is fully liable for all obligations that arise from it. The other Travellers are liable for their own part. The booking confirmation, invoice, travel documents and other communication are only send to the Traveller that made the booking. The Traveller who books the Trip for others, is obligated to communicate all relevant personal information of those other Travellers. The Traveller who books the Trip for others, is obligated to send these Terms & conditions and all other relevant communication to those Travellers. The Traveller that made the booking indemnifies the Organiser for all damages that arise as a result of not performing the obligations stipulated in this provision.

Article 4 - Information provided by the Organiser

4.1       Price

Indicated prices are per person, unless specifically stated otherwise.

4.2       Information during the booking process

Before or immediately after the conclusion of the Contract the Organiser provides the Traveller the Contract including accepted preferences, information on the travel documents needed (passport, visa, etc.) and health related formalities. This information is based on the Dutch nationality.

4.3       Travel documents

During the Trip the Traveller shall possess the necessary Travel documents, such as a passport, visa, vaccination, etc.. Due to the great importance, the Traveller has to verify with the relevant authorities whether the information is complete and up to date. The Traveller has to verify before booking whether or not there is sufficient time to obtain the necessary travel documents. If the Traveller cannot execute the Trip or parts of it due to the absence of the required travel documents, the arising costs will be borne by the Traveller.

4.4       Travel vouchers

The travel vouchers (transfer, vouchers, etc.) will be send to the Traveller at least 7 days before embarkation unless the invoice is not yet fully paid. If a Traveller has not received their travel vouchers 5 days before departure the Traveller has to inform the Organiser immediately.

4.5       Information on insurance

The Organiser will provide the Traveller with information about the possibility to take out a travel insurance and a trip cancellation insurance. The Organiser can oblige insurance coverage if the Organiser has informed the Traveller before the booking is made.

Article 5 – Information to be provided by the Traveller

5.1       Relevant information of the Traveller(s)

Before booking the Traveller who books the Trip provides all relevant information of the Travellers. In particular information that can be of influence to the health and safety of the Traveller or others. If the information provided is incorrect or incomplete the Traveller can be excluded from participation. In that case the Traveller will be charged cancellation costs in accordance with article 9 paragraph 2 [cancellation costs]. Other costs arising from this will be borne by the Traveller as well.

5.2       Reduced mobility, pregnant women and illness

Travellers with reduce mobility and the persons that accompany them, pregnant women, and Travellers with illness with a possible effect on the Trip have to indicate this to the Organiser before the conclusion of the Contract or at least as soon as the Traveller takes notice because of possible effects on the Trip and especially air travel. The Traveller has to verify themselves if they need a medical statement that allows them to travel.

Article 6 - payment

6.1       Down payment

The down payment is at least 50% of the price of the Trip. The payment has to be received within 14 days after booking.

6.2       Payment of the remaining amount

The remaining amount of the price of the Trip shall be paid at the latest 6 weeks before the start of the Trip. If the Trip is booked within 6 weeks before the start of the Trip, the full price shall be paid immediately after booking. In all circumstances full payment has to be received before the start of the Trip.

6.3       Default and interest

            If the Traveller has not paid before the agreed term, the Traveller shall be in default without any prior notice of default. From that moment statutory interest is due over the outstanding amount.

6.4       Extrajudicial collection costs

The Traveller has to pay extrajudicial collection costs if the Traveller has not paid before the final date, which was communicated by means of a formal Written reminder. The extrajudicial collection costs are: 15% of the amount of the claim up to € 2500, 10% of the subsequent €2500, 5% of the subsequent €5000 and 1% of the excess amount of the claim.

6.5       Further consequences of non-payment

As long as the Traveller has not paid the due amount, the Organiser can suspend sending the travel vouchers without further notice. If payment is not made after having send a formal reminder or if full payment has not been received before the start of the Trip, the Organiser can exclude the Traveller from participation. The obligation to pay remains in force. Instead of excluding the Traveller from participating, the Organiser can cancel the Contract and charge the cancellation costs to the Traveller as stipulated in article 9 paragraph 2.

Article 7 – Transfer of the Trip

7.1       Conditions and notification

A Traveller can transfer the Trip to another person who meets all conditions applicable to the Trip. Transfer of the Trip is only possible as far as the terms and conditions of the Travel service providers allow this. The Traveller shall request the transfer at the latest 7 days before the start of the Trip.

7.2       Joint and several liability and extra costs

The Traveller and the person who agrees to take over the Trip, have a joint and several liability for the payment of the price and additional costs that arise as a result of the transfer, including costs for the alteration.

Article 8 – Alteration requested by the Traveller

8.1       Alteration

The Traveller who has booked the Trip can request the Organiser in Writing to alter the Contract. The Organiser is not bound to alter the Contract. The Organiser will inform the Traveller of the new price for the Trip. If the Traveller agrees on the costs of the alteration than the new price and alteration costs are due. If the new price is lower than the initial price then the difference is offset with the alteration costs.

8.2       Changing the date of departure

Unless the Organiser states the alteration constitutes a rebooking, the change of the departure date constitutes a cancellation of the contract and the conclusion of a new contract. The cancellation policy as set out in article 9 paragraph 2 [cancellation costs] is applicable to the cancelled contract.

Article 9 – Cancellation by the Traveller

9.1       Cancellation

The Traveller can cancel the booking at any time before the start of the Trip. The cancellation shall be in Writing. The day of reception of the cancellation by the Organiser, shall constitute the cancellation date. When the reception occurs after 17.00h (CET) or outside of Working days, the next Working day shall be the day of reception of the cancellation.

9.2       Cancellation costs

Traveller is obligated to pay the following amount: a. Equal and more than 43 days (>6 weeks) before the day the Trip starts: 50% of the price of the Trip.  b.  Equal and less than 42 days (<6 weeks) before the day the Trip starts: 100% of the price of the Trip.

9.3       Decreasing the number of travellers

When decreasing the number of Travellers within in a booking, the Organiser can, at its own choice, charge either one of the following cancellation costs:

1)    the standard cancellation costs as stipulated in paragraph 2 of this article;

2)    the full price of the cancelled Trip minus any savings as a result of the cancellation.  

9.4       Cancellation costs when cancelling a rebooked Trip

In the event the Traveller and Organiser rebook the Trip to a later moment the following applies: If the Traveller cancels the rebooked Trip, the cancellation costs shall at least be the amount the Traveller would have to pay if the Traveller would have cancelled the day of rebooking.

9.5       Travel credits based on leniency policy

If the Trip is cancelled by the Traveller and out of leniency travel credits are attributed to the Traveller, the following provisions apply (unless other provisions are communicated):

-       the travel credit shall be used within one year after its issue.

-       the new Trip has to commence within two years after the issue of the travel credit.

-       the travel credit is personal and not transferable.

-       the travel credit can only be used for the same Trip at a later moment.

-       if the Trip is more expensive at a later moment, the price difference will be charged to the Traveller.

-       If the Traveller cancels a Trip that is booked with travel credits that were issued out of leniency, the travel credit expires.

Article 10 – Alteration of the price

10.1     Alteration of the price

The Organiser can increase the price of the Trip until 20 days before the start of the Trip due to a price revision of:

- the cost of fuel or other power sources, or;

- taxes or fees imposed by third parties not directly involved in the performance of the Contract.

The Organiser can reserve the right in the Contract to increase the price of the Trip until 20 days before the start of the Trip as a consequence of changes in the exchange rate. The method for calculating the price revision shall be included in the Contract.

10.2     Termination by the Traveller

If the price increase exceeds 8% of the Price of the Trip, the Traveller can terminate the Contract. In that case the paid price of the Trip is refunded to the Traveller.

10.3     Price reduction

If the right to a price increase is agreed, the Traveller has a corresponding right to a price reduction. An administrative expense of 30 euro shall be deducted from the refund that the Traveller is entitled to based on the price reduction.

Article 11 – Alterations made by the Organiser

11.1     Alteration

The Organiser can unilaterally make changes to the Contract before the start of the Trip as far as these alterations are insignificant. These alterations will be communicated to the Traveller.

11.2     Significant alteration

If necessary the Organiser can alter significantly the main characteristics of the Contract before the start of the Trip. This includes offering a substitute Trip. The Traveller can accept the alteration or cancel the Contract without payment of cancellation costs. If cancelled, the paid price of the Trip is refunded to the Traveller. The Organiser may specify a reasonable period within which the Traveller has to communicate its choice. If the Contract is not cancelled within the specified period, the alteration shall be deemed accepted and the right to cancel the Contract expires.

Article 12 – Cancellation by the Organiser

12.1     Minimum number of Travellers

The Organiser can cancel the Contract before the start of the Trip, if the number of persons enrolled for the Trip is smaller than the minimum number stated in the Contract and the Organiser notifies the Traveller of the cancellation of the Contract not later than:

- 20 days before the start of the Trip in case the Trip lasts more than 6 days

- 7 days before the start of the Trip in case the Trip lasts between 2 and 6 days

- 48 hours before the start of the Trip in case the Trip lasts less than 2 days

12.2     Cancellation due to Force Majeure

The Organiser can cancel the Contract before the start of the Trip, in the event of force majeure, which is defined as unavoidable and extraordinary circumstances.

12.3     Refund of the price of the Trip – no compensation for damages

In the aforementioned events, the Organiser will refund the payment of the Trip within 14 days and no compensation for damages is due. No refund will be made for services not included in the Contract such as vaccinations, visa, materials bought, insurance and if not included in the Trip flights, tickets, accommodation, a.s.o..

12.4     Cancellation that is attributable to the Traveller

If the Traveller does not meet the predefined conditions of participation or the information of the Traveller regarding experience, skills, physical or mental condition or other relevant subjects that has been communicated is incomplete or erroneous, the Organiser can cancel the Contract. The cancellation policy as set out in article 9 paragraph 2 [cancellation costs] is then applicable to the cancelled contract.

Article 13 – Responsibility & lack of conformity

13.1     Proper performance of the Trip

The Organiser is responsible for the performance of the contracted Travel services, irrespective of whether those services are to be performed by the Organiser or by other Travel service providers. The Organiser shall perform the Contract in accordance with the reasonable expectations of the Traveller based on the publications, the Contract and the circumstances at the destinations.

13.2     Alteration in travel scheme or time schedule

The Organiser shall inform the Traveller about alterations in the travel scheme. If the Organiser is not aware of the place of stay, the Traveller shall only be informed through the e-mail address and mobile phone number that is known to the Organiser.

13.3     Duty to report about complaints

The Traveller shall report to the Travel service provider and the Organiser in accordance with article 17 [complaints] without undue delay about the lack of conformity of a Travel service specified in the Contract.

13.4     Remedy by the Organiser

The Organiser shall remedy the reported lack of conformity. There is no obligation to remedy the lack of conformity if this is impossible or this entails disproportionate costs.

13.5     Compensation

If the lack of conformity cannot be solved, the Organiser (or Travel service provider) will discuss the situation with the Traveller and when appropriate offer compensation or an alternative. The Traveller is not entitled to compensation or an alternative when the lack of conformity is attributable to the Traveller.

Article 14 – Assistance

14.1     Obligation to provide assistance

The Organiser provides assistance to the Traveller in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance and by assisting the Traveller to make distance communications and helping to find alternative travel arrangements.

14.2     Costs

The Organiser shall charge a reasonable fee if the difficulty is caused by the Traveller with intent or through its negligence.

Article 15 – Attribution, force majeure and limitations to liability

15.1     Attribution & force majeure

The Traveller shall not be entitled to compensation for damages of the Traveller as a result of a lack of conformity that is attributable to:

a. the Traveller;

b. a third party unconnected with the provision of the Travel services included in the Contract and the lack of conformity is unforeseeable or unavoidable, or;

c. unavoidable and extraordinary circumstances.

15.2     Limitation to liability

Liability of the Organiser for damages is limited to three times the price of the Trip, unless the damage is a result of death of personal injury of the Traveller or caused intentionally or with negligence of the Organiser.

15.3     Limitations to liability based on international conventions and EU regulations

If the Organiser is liable for damages, including damages that are a result of death or personal injury, this liability will be excluded or limited up to the limitations that are allowed by the international conventions and/or EU regulations that are applicable to the concerned Travel service.

15.4     Insured damage

The Organiser is not liable for damages that are covered by an insurance, such as health care insurance, travel insurance, event insurance or cancellation insurance.

15.5     Limitation period (verjaring)

The period for introducing claims of the Traveller to compensation for damages and other claims is two years after the end of the Trip. If the Trip has not taken place the claim period ends two years after the planned date of departure. 

15.6     Expiration period (verval van recht)

Without prejudice to the limitation period and the duty to complaint in timely manner, all claims for damages of the Traveller expire three years after the start of the Trip.

15.7     No accumulation of compensation

The Traveller is not entitled to double compensation. If compensation for damages is indebted based on international conventions or EU regulations the Traveller will not also receive compensation based on this contract.

Article 16 – Obligations of the Traveller

16.1     Behaviour and compliance with instructions

The Traveller shall behave as a reasonably acting Traveller and is obligated to comply with all instructions of the Organiser or Travel service providers.

16.2     Consequences of non-compliance – exclusion from participation

In case of non-compliance of the instructions or in case the Traveller causes nuisance, the Organiser and Travel service provider can exclude the Traveller from further participation on the Trip or a part thereof. The Traveller is not entitled to any refund. Other costs that arise are at the expense of the Traveller. 

16.3     Warning

Before excluding the Traveller from participation an oral or Written warning is given. A warning is not required if this is not appropriate considering all circumstances of the case.

16.4     Liability of the Traveller and indemnification

The Traveller is liable for damages caused by his behaviour, non-compliance with the obligations of this article or damage that are otherwise attributable to him. The Traveller indemnifies the Organiser from claims from Travel service providers involved with the Trip, other Travellers or third parties for damages that are caused by the Traveller or are attributable to him.  

16.5     Check departure time of the return journey

Ultimately 24 hours before the planned departure of the return journey the Traveller has to verify the exact departure time.

16.6     Formal health requirements

The Traveller has to fulfil all health requirements demanded by the country of destination and countries of transit. Governments can change these requirements at any time without prior announcement. The effects of these changes fall within the risk of the Traveller.

16.7     Measures taken by Travel service providers

Travel service providers can take all reasonable measures and require cooperation from the Traveller, amongst others to prevent and combat hazards, to reduce health risks, to prevent damage and/or to comply with government regulations. Non-compliance of the measures or instructions can lead to an exclusion of the Traveller from the Travel service and property.

16.8     Use of property

The Traveller shall use the provided property in a correct manner. Upon reception of the property the Traveller has to inspect it. Defects have to be notified immediately. The Traveller is liable for any damage, loss or theft of the provided property.

Article 17 - Complaints

17.1     Information

Before the start of the Trip the Organiser provides emergency contact details of the Organiser.

17.2     Report on site

If the Traveller perceives that the Trip is not performed properly, he has to report the lack of conformity immediately to the Travel service provider involved in order to enable them to resolve it. If a tour guide of the Organiser is on site, the complaint shall also immediately be reported to the tour guide. If there is no tour guide present on site, the complaint has to be reported clearly to the Organiser. The report can be made by [Whatsapp, sms text message, by phone or during Working days within Dutch office hours (9-17h CET) also per e-mail].

17.3     Costs of communication

The Traveller shall limit possible communication costs, amongst others by using internet calls, Whatsapp and e-mail.

17.4     Report of unresolved complaints after the Trip

All complaints that in the perception of the Traveller are not fully resolved or compensated during the Trip, shall be reported to the Organiser within two months after the Trip, in Writing and mentioning the reasons.   

17.5     Consequences of not reporting (on time) the lack of conformity or complaint

Not reporting the complaint or not reporting the complaint on time in accordance with the second paragraph [Report on site] of this article can be of influence on the amount of a possible compensation, unless the interests of the Organiser are not impaired by the late complaint. Late complaints after the return of the Trip will not be processed, unless this is unreasonable considering the circumstances.

Article 18 – Miscellaneous provisions

18.1     Rights of third parties

Subordinates, auxiliaries and other parties involved in the performance of the Contract can rely on the provisions of this Contract and these Terms & conditions in relation to the Traveller (including the limitation of liability).

18.2     Substitute provisions

If mandatory provisions of law render a provision of these Terms & conditions invalid, or a provision is annulled, the provision is deemed to have been converted to a valid provision that has a content and meaning that as close as possible reflects the original intentions.

18.3     Governing law

The offer, the Contract and the performance of the Contract are exclusively governed by the law of the Netherlands, unless this is in conflict with mandatory provisions of law.

If the consumer has his habitual residence outside of the Netherlands at the time of booking, the following applies:

Without prejudice to this choice of law, the consumer will be protected by mandatory provisions of the law of his country of residence when (cumulative):

-the Organiser directs his commercial activities regarding the Contracted Trip to the Country of residence of that consumer

- the contracted Travel services are partially or entirely provided in that country. 

18.4     Jurisdiction

The court of law within whose working area the Organiser is established, shall have exclusive jurisdiction regarding the contract and all related matters, unless this conflicts with mandatory provisions of law. Additionally, the Organiser may choose to file a law suit against the Traveller in the court district of their habitual residence.