General Terms and Conditions 1/2: Re-Energizer Coaching
Sole proprietorship RE-ENERGIZER (hereinafter referred to as: RE-ENERGIZER) is registered with the Gewerbeamt Stadt Brilon under VAT ID No.: DE350220656 and is located at Am Hagen 39, 59929 Brilon, Germany.
Article 1 – Definitions
1.In these general terms and conditions, the following terms shall have the meanings set forth below, unless explicitly stated otherwise.
2.Offer: any proposal or quotation made to the Client for the provision of Services by RE-ENERGIZER.
3.Subscription: the agreement through which the Client can repeatedly make use of the Services on a quarterly basis.
4.Business: a natural or legal person acting in the course of a profession or business.
5.Consumer: a natural person not acting in the course of a profession or business.
6.Participant: the natural person who actually takes part in the Services.
7.Services: the Services provided by RE-ENERGIZER, consisting of re-energising and coaching in the areas of lifestyle mindset, marketing, and entrepreneurship.
8.Service Provider: RE-ENERGIZER, offering Services to the Client.
9.Client: the Business or Consumer who has appointed RE-ENERGIZER, or to whom RE-ENERGIZER has made a proposal based on an Agreement.
10.Agreement: any agreement, subscription, or other obligation between the Client and RE-ENERGIZER, as well as proposals from RE-ENERGIZER for Services to be provided to the Client, which have been accepted by the Client and carried out by RE-ENERGIZER, and to which these general terms and conditions form an integral part.
Article 2 – Applicability
1.These general terms and conditions apply to every Offer made by RE-ENERGIZER, to every Agreement between RE-ENERGIZER and the Client, and to every Service offered by RE-ENERGIZER.
2.Before an Agreement is concluded, the Client shall be provided with these general terms and conditions. If this is not reasonably possible, RE-ENERGIZER shall indicate to the Client how the general terms and conditions can be reviewed.
3.Deviations from these general terms and conditions are not permitted. In exceptional cases, deviations may be made to these general terms and conditions, provided that such deviations are expressly agreed upon in writing with RE-ENERGIZER.
4.These general terms and conditions also apply to any supplementary, amended, or follow-up assignments from the Client.
5.The minimum age of the Client must be 18 years, unless a minor aged 16 or older has received explicit written consent from his/her parent(s) and/or legal guardian.
6.If one or more provisions of these general terms and conditions are wholly or partially null and void or annulled, the remaining provisions shall remain in full force and effect. The null and void or annulled provision(s) shall be replaced by a provision that corresponds as closely as possible to the intent of the original provision.
7.Any ambiguity regarding the content, interpretation, or situations not covered by these general terms and conditions shall be assessed and interpreted in the spirit of these general terms and conditions.
8.The applicability of Articles 7:404 and 7:407(2) of the Dutch Civil Code is explicitly excluded.
9.Any reference to “she/her” in these general terms and conditions shall also be understood to include “he/him/his,” where applicable.
10.If RE-ENERGIZER has not consistently enforced strict compliance with these general terms and conditions, this shall not affect its right to demand full or partial compliance at any time.
Article 3 – The Offer
1.All offers made by RE-ENERGIZER are non-binding, unless explicitly stated otherwise in writing. If the Offer is valid only for a limited period or under specific conditions, this shall be explicitly stated in the Offer.
2.RE-ENERGIZER is only bound by an Offer if it is confirmed in writing by the Client within 30 days. Nevertheless, RE-ENERGIZER reserves the right to refuse an Agreement with a (potential) Client for any reason it deems justified.
3.The Offer includes a description of the Services being offered. This description is sufficiently detailed to enable the Client to make a proper assessment of the Offer. Any data provided in the Offer are for indicative purposes only and shall not constitute grounds for any claim for damages or the dissolution of the Agreement.
4.Offers or quotations do not automatically apply to follow-up assignments.
Article 4 – Conclusion of the Agreement
1.The Agreement is concluded at the moment the Client accepts an Offer and/or Agreement from RE-ENERGIZER by returning a signed copy (scanned or original) to RE-ENERGIZER, or by providing explicit and unambiguous acceptance of the Offer via email or WhatsApp.
2.RE-ENERGIZER is not bound by any Offer if the Client could reasonably have expected, understood, or should have understood that the Offer contained an obvious mistake or typographical error. The Client cannot derive any rights from such a mistake or error.
3.If the Client cancels an Agreement that has already been confirmed, any actual costs incurred (including time spent) will be charged to the Client.
4.Any Agreement entered into with RE-ENERGIZER is made with the business entity and not with any individual associated with RE-ENERGIZER.
5.The right of withdrawal for the Client acting in a business capacity is excluded, unless otherwise agreed. A Client acting as a Consumer has the statutory right of withdrawal within 14 days, unless RE-ENERGIZER has, with the Client’s consent, already commenced the provision of Services. By giving such consent, the Client waives their right of withdrawal.
6.If the Agreement is concluded by multiple Clients, each Client shall be jointly and severally liable for fulfilling all obligations arising from the Agreement.
7.The Agreement is strictly personal and non-transferable, unless explicitly agreed otherwise.
Article 5 – Duration of the Agreement
1.The Agreement is entered into for a fixed term, unless the content, nature, or scope of the assignment indicates that it has been entered into for an indefinite term.
2.A Subscription is entered into for a period of 12 months, unless otherwise agreed.
3.Upon expiry of the initial subscription period, the Subscription will be automatically renewed for successive periods of one year (12 months), unless the Client terminates the Agreement at least one month before the end of the relevant period. No refunds shall be made for payments already received.
4.Both the Client and RE-ENERGIZER may terminate the Agreement on the grounds of a material breach of contract if the other party has been given written notice of default and a reasonable period to remedy the breach, and still fails to fulfil its obligations correctly. This includes the Client’s obligations regarding payment and cooperation.
5.Termination of the Agreement shall not affect the Client’s payment obligations insofar as RE-ENERGIZER has already performed services or delivered results at the time of termination. The Client shall pay the agreed compensation.
6.Either party may terminate the Agreement by means of a registered letter, observing a notice period of three months. If the Agreement has lasted for less than three months, it may be terminated with a notice period of one month.
7.In the event of early termination of an Agreement involving nutritional advice, the Client shall owe RE-ENERGIZER the actual costs incurred up to that point, based on the agreed (hourly) rate. The time records kept by RE-ENERGIZER shall be decisive in this regard.
8.Both the Client and RE-ENERGIZER may terminate the Agreement, in whole or in part, in writing with immediate effect and without further notice of default if RE-ENERGIZER is granted a suspension of payments, a bankruptcy petition is filed, or RE-ENERGIZER’s business is dissolved through liquidation. In such cases, RE-ENERGIZER shall never be obliged to refund any amounts already received or to pay damages.
9.If an Agreement already entered into is cancelled by the Client, RE-ENERGIZER is entitled to charge the reserved time based on the agreed (hourly) rate, as well as any costs already incurred for the execution of the Agreement.
Article 6 – Performance of the Services
1.RE-ENERGIZER shall make every effort to perform the agreed Services with the utmost care, as may be expected of a competent service provider. RE-ENERGIZER guarantees a professional and independent service. All Services are provided on the basis of a best-efforts obligation, unless a specific result has been explicitly agreed upon in writing and described in detail.
2.The Agreement under which RE-ENERGIZER performs the Services shall determine the scope and extent of the service. The Services shall be performed exclusively for the benefit of the Client. Third parties may not derive any rights from the content of the Services rendered under the Agreement.
3.The Services and corresponding pricing offered by RE-ENERGIZER are based on the information and data provided by the Client. RE-ENERGIZER reserves the right to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
4.In performing the Services, RE-ENERGIZER is not obliged to follow any instructions from the Client if such instructions alter the nature or scope of the agreed Services. If such instructions result in additional work for RE-ENERGIZER, the Client shall be required to reimburse the additional costs based on a new quotation.
5.RE-ENERGIZER is entitled, at its own discretion, to engage third parties in the performance of the Services.
6.If the nature and duration of the assignment require it, RE-ENERGIZER will keep the Client informed of progress at agreed intervals and in the agreed manner.
7.The execution of the Services is based on the information provided by the Client. Any changes to this information may affect the schedule. RE-ENERGIZER shall not be held liable for adjusting the timeline. If the commencement, progress, or completion of the Services is delayed due to the Client’s failure to provide all requested information in a timely manner, in the required format, or to provide sufficient cooperation, or due to late payment of any required advance, or other circumstances attributable to the Client, RE-ENERGIZER is entitled to a reasonable extension of the delivery period. All damages and additional costs resulting from such delays shall be borne by the Client.
8.All parties must adhere to the house rules of RE-ENERGIZER. Violation of these rules may result in termination of the Agreement and denial of access to RE-ENERGIZER’s Services.
9.If an employee of RE-ENERGIZER or a third party engaged by RE-ENERGIZER gives instructions to the Client, the Client is obliged to comply with such (reasonable) instructions.
10.The performance of the Services may be subject to external factors, including but not limited to weather conditions, based on which RE-ENERGIZER is entitled to alter the relevant activity or location. Should this result in additional costs, the Client shall be obliged to reimburse such costs.
Article 7 – Obligations of the Client
1.The Client is required to provide all information requested by RE-ENERGIZER, as well as all relevant appendices, related information, and data, in a timely manner and/or prior to the commencement of the Services, and in the required format, in order to ensure proper and efficient execution of the Agreement. Failure to do so may result in RE-ENERGIZER being unable to fully perform and/or deliver the relevant work. The consequences of such a situation shall always be the sole responsibility and risk of the Client.
2.RE-ENERGIZER is not obliged to verify the accuracy and/or completeness of the information provided to it, nor to update the Client with respect to information that may have changed over time. RE-ENERGIZER is also not responsible for the accuracy or completeness of information compiled for or provided to third parties in the context of the Agreement.
3.If necessary for the performance of the Agreement, RE-ENERGIZER may request additional information. In the absence of such information, RE-ENERGIZER is entitled to suspend its services until the required data is received, without being liable for any form of compensation to the Client. In case of any changes in circumstances, the Client must notify RE-ENERGIZER immediately or no later than three (3) working days after becoming aware of the change.
4.The Client is obliged to report any (potential) health risks related to the activities. Prior to commencement of the Services, the Client must inform RE-ENERGIZER of any injuries or use of medication that may affect their ability to participate in a normal manner. The Client is solely responsible and liable for any failure to report such information accurately, timely, or in full.
5.Any (physical) injury resulting from the use of equipment and/or facilities or participation in the Services is entirely at the Client’s own risk and responsibility.
6.The Client must comply with RE-ENERGIZER’s house rules. Failure to do so entitles RE-ENERGIZER to deny the Client access to the activities for an indefinite period.
7.Use of RE-ENERGIZER’s facilities is entirely at the Client’s own risk and responsibility. The Client is required to comply at all times with RE-ENERGIZER’s instructions and safety regulations.
8.The Client must be aware of all rules applicable to their membership and participation in RE-ENERGIZER’s facilities.
Article 8 – Advice
1.If commissioned, RE-ENERGIZER may provide advice, an action plan, and/or reporting in support of its services. The content of such documents is non-binding and purely advisory in nature; however, RE-ENERGIZER shall exercise the due care required of it. The Client shall decide independently and under its own responsibility whether to follow the advice.
2.Any advice provided by RE-ENERGIZER, in any form whatsoever, shall never be construed as binding advice.
3.At RE-ENERGIZER’s first request, the Client is obliged to assess any proposals submitted by RE-ENERGIZER. If RE-ENERGIZER is delayed in the performance of its services because the Client fails to provide an assessment or does not do so in a timely manner, the Client shall be fully responsible for any resulting consequences, such as delays.
4.The nature of the services provided implies that the outcome is always influenced by external factors that may affect the reports and advice provided by RE-ENERGIZER, including but not limited to the quality, accuracy, and timely provision of the required information and data by the Client. The Client warrants the quality, accuracy, and timely delivery of all such required data and information.
5.Prior to commencement of the work, the Client shall inform RE-ENERGIZER in writing of all circumstances that may be relevant or potentially relevant to the execution of the services, including any specific points of attention or priorities the Client wishes RE-ENERGIZER to consider.
Article 9 – Coaching, Workshops, and/or (Sports) Activities
1.If so commissioned, RE-ENERGIZER may provide coaching services to the Client and other Participants.
2.Coaching sessions shall take place at a location designated by RE-ENERGIZER, for which a separate fee may apply. Participants are required to be present at the designated location at least 10 minutes prior to the start of the coaching session.
3.If a Participant is not present on time, RE-ENERGIZER will wait for 15 minutes. Should the Participant fail to appear within this period, RE-ENERGIZER reserves the right to depart without the Participant. Unless explicitly agreed otherwise, the Participant shall have no right to reimbursement of any fees already paid.
4.Coaching sessions will, as far as possible, be tailored to the wishes and needs of the respective Participant(s).
5.The Client or Participant shall notify RE-ENERGIZER in writing prior to the commencement of coaching of any circumstances that may be relevant or potentially relevant, including any points or priorities requiring attention. This includes, but is not limited to, any medical conditions and/or injuries that may limit or impede the Participant’s usual ability to participate.
6.RE-ENERGIZER reserves the right to cancel or reschedule coaching sessions due to insufficient enrollment. The decision to reschedule coaching sessions rests solely with RE-ENERGIZER. The Client or Participant will be informed of such changes as soon as possible. In the event of over-subscription, RE-ENERGIZER reserves the right to refuse participation to those who registered last.
Article 10 – Additional Work and Amendments
1.If, during the execution of the Agreement, it becomes apparent that the Agreement needs to be amended, or if further work is required at the Client’s request to achieve the desired result, the Client is obliged to compensate these additional activities at the agreed rate. RE-ENERGIZER is not obligated to comply with such requests and may require the Client to enter into a separate Agreement and/or refer the matter to a competent third party.
2.If the additional work results from negligence by RE-ENERGIZER, an incorrect assessment made by RE-ENERGIZER, or circumstances that RE-ENERGIZER could reasonably have foreseen, these costs shall not be charged to the Client.
Article 11 – Prices and Payment
1.All prices include value-added tax (VAT) for Clients classified as Consumers. For Clients classified as Businesses, prices are exclusive of VAT.
2.RE-ENERGIZER provides its services in accordance with the agreed tariff. The costs of the work will be calculated in advance based on the rates applied by RE-ENERGIZER, unless otherwise agreed.
3.Subscription fees will be collected monthly by direct debit, unless otherwise agreed.
4.Travel time and travel-related expenses incurred on behalf of the Client may be charged to the Client.
5.The Client is obliged to fully reimburse the costs of third parties engaged by RE-ENERGIZER with the Client’s approval, unless expressly agreed otherwise.
6.The Parties may agree that the Client must pay an advance. If an advance is agreed upon, the Client must pay this advance before the commencement of the services.
7.The Client may not derive any rights or expectations from an estimate provided in advance, unless expressly agreed otherwise by the Parties.
8.RE-ENERGIZER is entitled to annually increase applicable prices and rates in accordance with prevailing inflation rates. Other price changes during the term of the Agreement are only possible if explicitly stipulated in the Agreement.
9.The Client shall pay these costs in full, without set-off or suspension, within the stated payment term of no more than 14 days as indicated on the invoice, to the bank account and details provided by RE-ENERGIZER.
10.In the event of personal bankruptcy or a payment demand against the Client, all payments and other obligations of the Client under the Agreement shall become immediately due and payable.
Article 12 – Collection Policy
1.If the Client fails to fulfill their payment obligation and does not settle the amount within the stipulated payment term of 14 days, the Client classified as a Business shall by operation of law be in default. A Client classified as a Consumer shall first receive a written reminder, granting a period of 14 days from the date of the reminder to fulfill the payment obligation, including a specification of the extrajudicial collection costs that will be charged if the Consumer fails to comply within this period, before the Consumer is considered to be in default.
2.From the date the Client is in default, RE-ENERGIZER shall be entitled, without further notice of default, to charge statutory commercial interest from the first day of default until full payment is made, as well as compensation for extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated according to the scale set out in the Decree on compensation for extrajudicial collection costs dated 1 July 2012.
3.If RE-ENERGIZER incurs additional or higher costs that are reasonably necessary, these costs shall also be eligible for reimbursement. All judicial and enforcement costs incurred in full shall be borne by the Client.
Article 13 – Privacy, Data Processing, and Security
1.RE-ENERGIZER handles the (personal) data of the Client with care and will use such data only in accordance with applicable standards. Upon request, RE-ENERGIZER will inform the data subject accordingly.
2.The Client is solely responsible for the processing of data processed through the use of RE-ENERGIZER’s services. The Client also guarantees that the content of the data is lawful and does not infringe upon the rights of any third parties. In this context, the Client indemnifies RE-ENERGIZER against any (legal) claims related to this data or the execution of the Agreement.
3.If RE-ENERGIZER is required under the Agreement to provide information security, such security will comply with the agreed specifications and a level of security that, considering current technological standards, the sensitivity of the data, and the associated costs, is not unreasonable.
4.The Client is prohibited from taking photographs and/or recordings of others in and around the location. In the event of such violation, RE-ENERGIZER is entitled to immediately suspend or terminate the Agreement.
5.RE-ENERGIZER may, after obtaining the Client’s consent, publish one or more photographs taken during the provision of the services and/or the Client’s review on, for example, RE-ENERGIZER’s website and/or social media channels.
Article 14 – Suspension and Termination
1.RE-ENERGIZER has the right to retain any received or generated data, databases, and other materials as long as the Client has not (fully) fulfilled their payment obligations. This right remains in effect if RE-ENERGIZER has a justified reason to suspend performance.
2.RE-ENERGIZER is authorized to suspend the fulfillment of its obligations as soon as the Client is in default regarding the performance of any obligation arising from the Agreement, including late payment of invoices. Such suspension will be immediately confirmed to the Client in writing.
3.In such cases, RE-ENERGIZER shall not be liable for any damages of any kind resulting from the suspension of its activities.
4.The suspension (and/or termination) does not affect the Client’s payment obligations for services already performed. Furthermore, the Client is obligated to compensate RE-ENERGIZER for any financial loss suffered as a result of the Client’s default.
Article 15 – Force Majeure
1.RE-ENERGIZER shall not be liable if, as a result of a force majeure situation, it is unable to fulfill its obligations under the Agreement.
2.Force majeure on the part of RE-ENERGIZER shall include, but is not limited to: (i) force majeure affecting suppliers of RE-ENERGIZER; (ii) failure to properly fulfill obligations by suppliers prescribed or recommended to RE-ENERGIZER by the Client or its third parties; (iii) defects in software or any third parties involved in the performance of the service; (iv) government measures; (v) disruptions of electricity, internet, data network and/or telecommunication facilities; (vi) illness of employees of RE-ENERGIZER or consultants engaged by it; and (vii) other circumstances which, in the opinion of RE-ENERGIZER, lie beyond its control and temporarily or permanently prevent the fulfillment of its obligations.
3.In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred prior to the dissolution of the Agreement shall be payable by the Client. RE-ENERGIZER shall not be obliged to compensate the Client for any losses caused by such termination.
Article 16 – Limitation of Liability
1.If any result stipulated in the Agreement is not achieved, a failure on the part of RE-ENERGIZER shall only be deemed to exist if RE-ENERGIZER has explicitly promised this result upon entering into the Agreement.
2.In the event of attributable failure by RE-ENERGIZER, RE-ENERGIZER shall only be liable for damages if the Client has notified RE-ENERGIZER in writing of the failure within 14 days after its discovery and RE-ENERGIZER has subsequently failed to remedy the failure within a reasonable period. The notice of default must be submitted in writing and contain a sufficiently detailed description and substantiation of the failure to enable RE-ENERGIZER to respond adequately.
3.If the performance of services by RE-ENERGIZER results in liability, such liability shall be limited to the total amount invoiced under the Agreement (over a maximum period of 12 months prior to the event causing the damage), and only with regard to direct damage suffered by the Client unless the damage results from intent or deliberate recklessness on the part of RE-ENERGIZER. Direct damage shall be understood to mean reasonable costs incurred to prevent or limit direct damage, the determination of the cause of the damage, the direct damage itself, liability, and the manner of repair. Liability is further limited to the amount paid out by RE-ENERGIZER’s liability insurance per claim per year.
4.RE-ENERGIZER expressly excludes all liability for consequential damage. RE-ENERGIZER shall not be liable for indirect damage, business damage, loss of profits and/or losses incurred, missed savings, damage due to business interruption, financial losses, delay damages, interest damages, or immaterial damage.
5.RE-ENERGIZER shall not be liable for theft and/or damage to or loss of (personal) property of the Client.
6.RE-ENERGIZER is also not liable for bodily injury resulting from injuries sustained during participation in the Services. Participation by the Client or Participant is entirely at their own risk and responsibility. The Client/Participant is solely responsible for the decision to participate in the Service. In the case of participation by persons with disabilities, the relevant supervisor and/or legal representative must always ensure appropriate supervision or comply with instructions given by RE-ENERGIZER’s instructors. Any injuries or medication use must be disclosed to RE-ENERGIZER prior to participation in the Service. RE-ENERGIZER shall never be liable for (bodily) damage resulting therefrom.
7.The Client indemnifies RE-ENERGIZER against all claims by third parties resulting from a defect caused by a service provided by the Client to a third party that partly consisted of services delivered by RE-ENERGIZER, unless the Client can prove that the damage was caused solely by RE-ENERGIZER’s service.
8.Any advice provided by RE-ENERGIZER based on incomplete and/or incorrect information provided by the Client shall never constitute grounds for liability of RE-ENERGIZER.
9.The content of the advice delivered by RE-ENERGIZER is non-binding and advisory only. The Client decides independently and at their own risk whether to follow the proposals and advice provided by RE-ENERGIZER. All consequences arising from following the advice shall be at the Client’s own risk and expense. The Client is always free to make choices that deviate from the advice provided by RE-ENERGIZER. RE-ENERGIZER is not obliged to provide any refund in such cases.
10.If a third party is engaged by or on behalf of the Client, RE-ENERGIZER shall never be liable for the acts or advice of the third party engaged by the Client, nor for the incorporation of results (from the advice given) of such third party into RE-ENERGIZER’s own advice.
11.RE-ENERGIZER does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of RE-ENERGIZER, nor their timely receipt.
12.All claims by the Client due to shortcomings on the part of RE-ENERGIZER shall lapse if not reported to RE-ENERGIZER in writing and with reasons within one year after the Client became or reasonably could have become aware of the facts on which the claims are based. One year after termination of the Agreement between the parties, all liability of RE-ENERGIZER shall expire.
Article 17 – Confidentiality
1.RE-ENERGIZER and the Client undertake to maintain confidentiality regarding all confidential information obtained in the context of an assignment. The obligation of confidentiality arises from the assignment and shall also be presumed if the information can reasonably be considered confidential. The confidentiality obligation does not apply if the information in question is already public/common knowledge, is not of a confidential nature, and/or was not disclosed to RE-ENERGIZER by the Client during the Agreement and/or was obtained by RE-ENERGIZER in another manner.
2.The confidentiality obligation specifically applies to advice, methods, and/or reports prepared by RE-ENERGIZER in relation to the Client’s assignment. Furthermore, RE-ENERGIZER shall always exercise the necessary care in handling all business-sensitive information provided by the Client.
3.If RE-ENERGIZER is required by law or a court order to disclose confidential information to a legally designated third party or authority, and cannot invoke a legal or recognized right of non-disclosure, RE-ENERGIZER shall not be liable for any damages arising therefrom, nor shall such disclosure be grounds for the Client to terminate the Agreement.
4.The transfer or dissemination of information to third parties and/or the publication of statements, advice, or materials provided by RE-ENERGIZER to third parties requires the prior written consent of RE-ENERGIZER, unless such consent has been explicitly agreed in advance. The Client shall indemnify RE-ENERGIZER against all claims from such third parties resulting from reliance on information that was disseminated without RE-ENERGIZER’s written consent.
5.RE-ENERGIZER shall impose the same confidentiality obligation on any third parties it engages.
Article 18 – Indemnification and Accuracy of Information
1.The Client is solely responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in any form, that it provides to RE-ENERGIZER in the context of an Agreement, as well as for any data obtained from third parties and subsequently provided to RE-ENERGIZER for the purpose of delivering the Service.
2.The Client shall indemnify RE-ENERGIZER against any liability resulting from the failure or delay in fulfilling the obligation to timely provide accurate, reliable, and complete data, information, documents, and/or records.
3.The Client shall indemnify RE-ENERGIZER against all claims from the Client itself arising from the failure to obtain, or to timely obtain, any necessary consents required for the performance of the Agreement.
4.The Client shall indemnify RE-ENERGIZER against all claims from third parties resulting from the work performed on behalf of the Client, including but not limited to claims relating to intellectual property rights on the data and information provided by the Client that may be used in the execution of the Agreement and/or any act or omission by the Client towards such third party/parties.
5.If the Client provides RE-ENERGIZER with electronic files, software, or data carriers, the Client guarantees that these are free of viruses and defects.
Article 19 – Complaints
1.If the Client is not satisfied with the Services provided by RE-ENERGIZER or otherwise has complaints regarding the execution of the assignment, the Client is obliged to report such complaints as soon as possible, but no later than within 7 calendar days after the event that gave rise to the complaint. Complaints may be submitted verbally or in writing via michel@michelvanloon.nl with the subject line “Complaint”.
2.The complaint must be sufficiently substantiated and/or explained by the Client in order for RE-ENERGIZER to process the complaint.
3.RE-ENERGIZER shall respond to the complaint as soon as possible, but no later than within 7 calendar days after receipt of the complaint.
4.The Parties shall endeavor to resolve the complaint jointly.
Article 20 – Applicable Law
1.The legal relationship between RE-ENERGIZER and the Client shall be governed by Dutch law.
2.RE-ENERGIZER reserves the right to amend these general terms and conditions and shall notify the Client accordingly.
3.All disputes arising from or in connection with the Agreement between RE-ENERGIZER and the Client shall be submitted to the competent court of the District Court of Oost-Brabant, location Eindhoven, unless mandatory legal provisions dictate the jurisdiction of another court.
Brilon, 27 July 2020
General Terms and Conditions 2/2: Travel
The sole proprietorship RE-ENERGIZER (hereinafter: RE-ENERGIZER) is registered with the Gewerbeamt Stadt Brilon under VAT ID No.: DE350220656 and is established at Am Hagen 39, 59929 Brilon, Germany.
Article 1 – Definitions
1.In these general terms and conditions, the following terms shall have the following meanings, unless explicitly stated otherwise.
2.RE-ENERGIZER: the organizer offering travel services to the Traveler.
3.Organizer: the trader who assembles and offers package travel either directly or in cooperation with or through another trader, or the trader who provides the traveler’s details to another trader.
4.Traveler: any person who, under this title (Book 7, Title 7a, Articles 7:500 – 7:513d of the Dutch Civil Code), wishes to conclude an agreement or is entitled to travel under such agreement.
5.Offer: any proposal or quotation made to the Traveler by RE-ENERGIZER for the provision of Travel Services.
6.Travel Services: the services offered by RE-ENERGIZER, consisting of various services related to (package) travel.
7.Services: RE-ENERGIZER mediates in the conclusion of agreements for accommodations, activities, meals, and more with the respective service providers.
8.Package Travel Agreement: the agreement concerning the complete package travel, or if the package is provided under separate agreements, all agreements relating to the Travel Services that form part of the package travel.
Article 2 – Applicability
1.These general terms and conditions apply to every Offer made by RE-ENERGIZER, to every agreement between RE-ENERGIZER and the Traveler, and to every Service provided by RE-ENERGIZER.
2.Before a Package Travel Agreement is concluded, the Traveler shall be provided with these general terms and conditions. If this is not reasonably possible, RE-ENERGIZER shall inform the Traveler how and where the general terms and conditions can be reviewed.
3.Deviations from these general terms and conditions are not permitted.
4.These general terms and conditions also apply to additional, amended, and follow-up assignments by the Traveler.
5.The general terms and conditions of the business Traveler are expressly excluded.
6.The applicability of Articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
7.Where these general terms and conditions refer to she/her, this shall also be understood to include he/him/his, insofar as applicable.
8.In addition to Title 7 of Book 7 (Articles 7:400–7:413) concerning service agreements, Title 7A of Book 7 (Articles 7:500–7:513d of the Dutch Civil Code) concerning package travel agreements also applies to the services of RE-ENERGIZER.
9.These general terms and conditions also apply to linked travel arrangements or travel services that do not constitute a package or a linked travel arrangement.
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Article 3 – The Offer
1.All offers made by RE-ENERGIZER are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or subject to specific conditions, this will be expressly stated in the Offer.
2.RE-ENERGIZER is only bound to an Offer if it is confirmed in writing by the Traveler within the specified validity period.
3.The Offer contains a description of the Services offered. The description is sufficiently detailed to enable the Traveler to make a proper assessment of the Offer. If the actual situation deviates from the displayed images and/or information, this will be explicitly stated in the Offer so that the Traveler is clearly informed.
4.Offers or quotations do not automatically apply to subsequent assignments.
5.If the number of persons who may participate in a particular Service is limited, or if there are other restrictions or conditions imposed on the Travelers, this will be included in the Offer.
6.An Offer from RE-ENERGIZER is compiled at the initiative of the Traveler, subject to the availability of services from third parties. A composite quotation does not oblige RE-ENERGIZER to deliver part of the items included in the offer or quotation at a corresponding part of the stated price.
7.The Offer contains a description of the travel services offered, as well as all mandatory contractual information in accordance with Title 7A, Section 2 of Book 7 of the Dutch Civil Code concerning the Package Travel Agreement. The description is sufficiently detailed to enable the Traveler to make a proper assessment of the relevant trip and/or Service.
8.After a quotation has been made, RE-ENERGIZER is entitled to revoke it and revise its prices if the price increase is a direct result of changes in increased prices for fuel or other energy sources, taxes or fees (related to the travel services mentioned in the Package Travel Agreement, imposed by third parties not directly involved in the execution of the package travel, including tourist taxes, landing fees, and departure or arrival taxes at ports and airports) and exchange rates relevant to the package travel. In the event of a price increase exceeding 8% of the package travel price, the Traveler has the right to terminate the Package Travel Agreement without payment of a termination fee.
Article 4 – The Booking Order of a Travel Service
1.If the Traveler places an order in general terms with RE-ENERGIZER, RE-ENERGIZER will inform and/or advise the Traveler and, if desired by the Traveler, may reserve a Service. The Traveler is bound to RE-ENERGIZER as soon as the Traveler has given an order to RE-ENERGIZER, even if the Traveler has not yet received confirmation.
2.The Traveler may only lodge an objection or cancel the Travel Agreement free of charge within 24 hours after receiving the Order Confirmation, without stating reasons. If no timely objection is made, the (Package Travel) Agreement is deemed to have been concluded, unless proven otherwise, and the Traveler must comply with the obligations therein towards both RE-ENERGIZER and the relevant service provider.
3.Pursuant to the Order Confirmation, the Traveler is obliged to provide all data relating to himself as well as his travel companions that are relevant for the execution of the services, including particulars (physical and/or mental condition) of the fellow travelers.
4.Any prices of reserved services cannot be guaranteed. In accordance with the conditions of the relevant Service Provider, these prices may be subject to change. RE-ENERGIZER has no influence on this.
5.In the case of air transportation, RE-ENERGIZER will disclose the identity of the airline as soon as it is known to RE-ENERGIZER.
6.The Traveler, or at least the principal booker, is liable to RE-ENERGIZER for the obligations arising from the agreement, as well as to the travel service provider for the obligations under the agreement with the travel service provider. The other Travelers are only liable for their own share of the booking order.
Article 5 – Formation of the (Package Travel) Agreement
1.The (Package Travel) Agreement is concluded at the moment the Traveler accepts an Offer from RE-ENERGIZER by returning a signed copy (scanned or original) to RE-ENERGIZER, or by providing an explicit and unequivocal approval of the Offer via email or WhatsApp.
2.The Traveler must be at least 18 years old and legally competent to place an order with RE-ENERGIZER.
3.The Traveler is obliged to provide accurate information (also when making a booking on behalf of multiple Travelers), based on which the Package Travel Agreement is drawn up as stipulated in Title 7A of Book 7 of the Dutch Civil Code regarding the Package Travel Agreement. The Traveler is liable for the fulfillment of all obligations concerning all (co-)Travelers of the agreement.
4.RE-ENERGIZER is not bound to an Offer if the Traveler could reasonably have expected, or should have understood, that the Offer contains an obvious error or mistake. The Traveler cannot derive any rights from such error or mistake.
5.RE-ENERGIZER is entitled to immediately cancel the Package Travel Agreement if the required minimum number of registrations is not reached and this was indicated in the relevant Offer. RE-ENERGIZER will inform the Traveler of this as soon as possible. The latest time by which the Traveler must be informed is:
•Twenty days before the start of the package travel for trips longer than six days,
•Seven days before the start of the package travel for trips between two and six days,
•Forty-eight hours before the start of the package travel for trips shorter than two days.
In case of a maximum number of participants, RE-ENERGIZER will specify how many participants can join and which number cannot.
6.Prior to the conclusion of the Package Travel Agreement (or a corresponding offer), the Traveler will receive standard information by means of the form referred to in Annex 1, part A or part B of Directive (EU) 2015/2302 and, insofar as applicable to the package travel, the following information as laid down in Article 7:502 of the Dutch Civil Code.
7.After the conclusion of the Package Travel Agreement, but no later than 7 days before departure, the Traveler will receive information regarding the necessary travel documents (if available, but no later than 24 hours before departure), as well as information concerning passports, health formalities, visas, and other relevant details such as travel and/or cancellation insurance. The Traveler is responsible for obtaining additional information and keeping it up to date. If the Traveler does not receive this information within the specified period, they must contact RE-ENERGIZER themselves.
8.The Traveler is responsible for carrying the necessary documents during the trip. If the Traveler is unable to undertake the trip, or complete it, due to the absence of the required documents, the Traveler will bear the costs, unless RE-ENERGIZER explicitly agreed to arrange the relevant documents and failed in its duty to provide information.
9.If the Package Travel Agreement is entered into by multiple Travelers, each Traveler shall be jointly and severally liable for the fulfillment of all obligations arising from the Package Travel Agreement, unless otherwise agreed.
Article 6 – Cancellation of the Package Travel Agreement
1.The Traveler has the right to terminate the agreement at any time prior to the commencement of the trip. Upon termination, the Traveler shall compensate RE-ENERGIZER for all damages incurred as a result of the cancellation, including any agreed standardized cancellation fees.
2.The agreement may stipulate reasonable standardized cancellation fees based on the timing of the termination/cancellation of the Package Travel Agreement before the trip begins, as well as the expected cost savings and income from alternative use of the travel services. If no standardized cancellation fees have been established, the amount of the cancellation fee shall correspond to the price of the Package Travel Agreement minus the cost savings and income from alternative use of the travel services. Upon request, RE-ENERGIZER shall provide an itemized explanation of the cancellation fee.
3.If unavoidable and extraordinary circumstances arise at the destination or its immediate vicinity that significantly affect the execution of the trip, the Traveler has the right to terminate the Package Travel Agreement before the start of the trip without payment of a cancellation fee. In such cases, the Traveler shall receive a full refund of all amounts already paid for the trip, without any additional compensation.
4.Cancellation of the Package Travel Agreement during the trip is not possible.
5.RE-ENERGIZER may cancel the Package Travel Agreement prior to the trip if the minimum number of participants has not been reached, respecting the following notice periods:
•Twenty days before the start of the trip if the trip lasts more than six days,
•Seven days before the start of the trip if the trip lasts between two and six days,
•Forty-eight hours before the start of the trip if the trip lasts less than two days.
6.In the event of unavoidable and extraordinary circumstances preventing the execution of the Package Travel Agreement, RE-ENERGIZER is entitled to terminate the agreement. The Traveler will be informed without delay and will receive a refund of any amounts already paid, without additional compensation.
7.In the event of cancellation of the Package Travel Agreement, the Traveler is responsible for any indirect costs related to the trip, including but not limited to travel insurance costs and any necessary vaccinations.
8.Cancellation must be communicated to RE-ENERGIZER in writing. RE-ENERGIZER will confirm the cancellation and any applicable cancellation fees within one business day.
9.RE-ENERGIZER has the right to terminate the Package Travel Agreement with immediate effect if the Traveler does not agree to a proposed equivalent alternative Offer in the event of changes to the Package Travel Agreement. In this case, the Traveler is entitled to a waiver or refund of the travel price, or, if the trip has been partially enjoyed, a proportional refund within 10 business days.
10.Refunds resulting from cancellation of the Package Travel Agreement will be made no later than 14 days after termination of the Package Travel Agreement.
11.If the Traveler cancels the Package Travel Agreement, this must be done in writing, at least via email to michel@michelvanloon.nl, stating the departure date and the name of the principal booker. The date the cancellation is received shall be considered the cancellation date.
Article 7 – Amendments to the Package Travel Agreement
1.Amendments to a Package Travel Agreement by the Traveler are only possible insofar as such amendments are approved and implemented by RE-ENERGIZER. Any amendment must be submitted in writing.
2.If RE-ENERGIZER amends the Package Travel Agreement on behalf of the Traveler, a service fee of €15 (including VAT) may be charged.
3.Any amendment must be submitted to RE-ENERGIZER by telephone or email. RE-ENERGIZER does not guarantee that the requested amendment can actually be implemented. RE-ENERGIZER will notify the Traveler in writing shortly after receipt of the amendment request whether the request can be fulfilled and, if so, what impact this will have on the travel price. The Traveler must give consent to the amended Package Travel Agreement. Upon giving consent, the Traveler is obliged to pay the amended travel price within the stated payment term.
4.RE-ENERGIZER is entitled to amend the Package Travel Agreement in case of minor, insignificant changes and is not required to inform the Traveler (in a timely manner) about such changes. The Traveler is obliged to accept these changes. In the event of a significant change, RE-ENERGIZER will, if possible, offer the Traveler an alternative proposal. This offer must be at least equivalent. The Traveler will be informed in a timely manner and has the option to cancel the Package Travel Agreement if the Traveler does not agree with the change or alternative offer. If the quality or cost of the trip is reduced, the Traveler will simultaneously receive a proposal for a reduction of the travel costs. In urgent cases, the Traveler must communicate their decision to RE-ENERGIZER within 24 hours (or within 48 hours if the trip starts 14 days or later after notification). If no timely response is given, the change will be deemed accepted automatically.
5.RE-ENERGIZER also has the right to amend the Package Travel Agreement due to unavoidable extraordinary circumstances. RE-ENERGIZER will inform the Traveler of such amendment without delay, but as soon as possible. From 14 days before departure, RE-ENERGIZER will notify the Traveler of such amendment within 24 hours at the latest.
6.The Traveler has the right to terminate the Package Travel Agreement without payment of a standardized termination fee if the non-conformity has significant consequences for the execution of the package travel and RE-ENERGIZER has not remedied this within a reasonable period set by the Traveler.
7.It is possible that the Traveler and/or one or more Travelers in the travel party may be replaced by another person (transfer of participation). The Traveler and/or the relevant Traveler must inform RE-ENERGIZER of this no later than 7 calendar days before departure, or sufficiently in advance to allow RE-ENERGIZER to complete the necessary actions and formalities. RE-ENERGIZER will accept the transfer if the person concerned meets the conditions applicable under the Package Travel Agreement as well as the (general) conditions of the relevant (sub)contractors and/or service providers. Regardless of whether the number of Travelers in the group decreases, the original Traveler and the replacement Traveler remain jointly and severally liable for the payment of the agreed travel price and any additional costs arising from the transfer. RE-ENERGIZER will inform the person transferring the Package Travel Agreement of the actual costs of the transfer.
Article 8 – Duration of the Package Travel Agreement
1.If and insofar as a Package Travel Agreement has been concluded between the Traveler and RE-ENERGIZER, the duration of this Package Travel Agreement shall be in accordance with what has been agreed upon by the parties.
2.Both the Traveler and RE-ENERGIZER may dissolve the Package Travel Agreement on the grounds of a attributable failure to perform the obligations under the Package Travel Agreement, provided that the other party has been given written notice of default and a reasonable period to fulfill its obligations, and fails culpably to do so. This also includes the Traveler’s payment and cooperation obligations.
3.The dissolution of the Package Travel Agreement does not affect the Traveler’s payment obligations if RE-ENERGIZER has performed work or provided services at the time of dissolution. The Traveler shall pay the agreed remuneration.
Article 9 – Execution of the Service
1.RE-ENERGIZER shall exert its best efforts to perform the agreed Travel Service with the utmost care, as may be expected from a competent service provider. RE-ENERGIZER guarantees a professional and independent service. All Travel Services are provided on a best-efforts basis, unless a specific result has been explicitly and in writing agreed upon and thoroughly described. If any part cannot be performed in accordance with the agreement, RE-ENERGIZER shall make reasonable efforts to carry out the agreed arrangements, unless this cannot reasonably be expected of RE-ENERGIZER due to high costs.
2.The Package Travel Agreement on the basis of which RE-ENERGIZER performs the Services shall be leading for the scope and extent of the services.
3.The information and data provided by the Traveler form the basis on which the Services offered by RE-ENERGIZER and the prices are based. RE-ENERGIZER reserves the right to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
4.In performing the Services, RE-ENERGIZER is not obliged or required to follow the instructions of the Traveler if this would alter the content or scope of the agreed Services. If the instructions result in additional work for RE-ENERGIZER, the Traveler is obliged to reimburse the additional costs accordingly based on a new quotation.
5.RE-ENERGIZER is entitled to engage third parties at its own discretion for the execution of the Services.
6.The execution of the Services is based on the information provided by the Traveler. If such information needs to be amended, this may affect the planning. RE-ENERGIZER is never liable for adjustments to the planning. If the commencement, progress, or delivery of the Services is delayed due to, for example, the Traveler not providing all requested information in a timely manner or in the required format, insufficient cooperation, untimely receipt of any advance payment by RE-ENERGIZER, or other circumstances at the expense and risk of the Traveler, RE-ENERGIZER shall be entitled to a reasonable extension of the delivery term. All damages and additional costs resulting from such delay shall be borne by the Traveler.
7.With respect to the travel services, the following additional provisions apply:
•In case of defective performance of the Package Travel Agreement, the Traveler is obliged to notify RE-ENERGIZER immediately, so that RE-ENERGIZER can take timely measures to remedy the defect.
•If part of the agreed Services can no longer be performed, RE-ENERGIZER shall provide an equivalent qualitative alternative at no additional cost. If no alternatives are possible, the Traveler may be offered a price reduction. The Traveler is not obliged to accept the alternative and may also remedy the defect themselves.
•The Traveler has the right to terminate the Package Travel Agreement free of charge if the defect is not remedied within a reasonable period. In such case, the Traveler shall be entitled to a price reduction and equivalent transport to return home.
•The Traveler is solely responsible for his or her conduct during the execution of the Package Travel Agreement.
Article 10 – Services
1.If agreed upon, RE-ENERGIZER may also provide additional Services, such as activities, restaurant reservations, and more. The costs of such Services shall be charged to the Traveler in accordance with the quotation.
2.The Traveler shall inform RE-ENERGIZER in a timely manner of all specific requirements for which attention is desired, so that RE-ENERGIZER can adjust the requested Services accordingly.
3.If the Traveler is not satisfied with the Services provided by RE-ENERGIZER or any third party engaged by RE-ENERGIZER, the Traveler shall notify RE-ENERGIZER promptly in accordance with the provisions set forth in Article 11 of these general terms and conditions.
4.Due to the nature of the travel services offered by RE-ENERGIZER, no guarantee can be provided regarding Services that are (partly) dependent on weather conditions at the location. Insofar as a Service offered by RE-ENERGIZER depends on the weather conditions at the relevant location, the provisions of Article 21 concerning force majeure and/or the terms and conditions of the third party engaged by RE-ENERGIZER involved in the actual execution of the Service shall apply.
Article 11 – Obligations of the Traveler
1.The Traveler is obliged to provide all information, relevant attachments, and related data requested by RE-ENERGIZER in a timely manner and/or prior to the commencement of the services, and in the desired format, to ensure proper and efficient performance of the Package Travel Agreement. Failure to do so may result in RE-ENERGIZER being unable to fully perform and/or deliver the relevant services. The consequences of such a situation shall at all times be borne by and remain at the risk of the Traveler.
2.RE-ENERGIZER is not obliged to verify the accuracy and/or completeness of the information provided to it, nor to update the Traveler regarding changes to such information over time. Furthermore, RE-ENERGIZER shall not be held responsible for the accuracy or completeness of information compiled by RE-ENERGIZER for third parties and/or provided to third parties within the framework of the Package Travel Agreement.
3.RE-ENERGIZER may request additional information if necessary for the performance of the Package Travel Agreement. In the absence of such information, RE-ENERGIZER is entitled to suspend its services until the required information has been received, without any obligation to pay damages to the Traveler under any circumstances. In the event of changed circumstances, the Traveler shall notify RE-ENERGIZER immediately, or at the latest within three working days after becoming aware of the change.
4.Each Traveler is solely responsible for his or her conduct during participation in any travel or activity.
Article 12 – Additional Work and Amendments
1.If, during the execution of the Package Travel Agreement, it becomes apparent that the Agreement needs to be adjusted and/or supplemented, or if further work is required at the request of the Traveler to achieve the desired result, the Traveler is obliged to remunerate these additional services according to the agreed rate. RE-ENERGIZER is not obligated to comply with such requests. Furthermore, RE-ENERGIZER may require the Traveler to enter into a separate Package Travel Agreement for this purpose.
2.Insofar as a fixed price has been agreed upon for the provision of certain Services, and the execution of these Services results in additional (urgent) work which reasonably cannot be deemed included in the fixed price, RE-ENERGIZER is entitled, after consultation with the Traveler, to charge these costs to the Traveler.
3.If an amendment to the Package Travel Agreement is required due to reasons attributable to RE-ENERGIZER, any resulting damages to the Traveler shall be borne by RE-ENERGIZER. If the cause of the amendment is attributable to the Traveler, the resulting damages shall be borne by the Traveler. If the cause of the amendment cannot be attributed to either the Traveler or RE-ENERGIZER, each party shall bear its own damages.
Article 13 – Prices and Payment
1.Upon the conclusion of the Package Travel Agreement, the Traveler shall immediately pay a (down)payment of the total agreed travel price. The Traveler shall pay the full amount due in one lump sum in the manner designated by RE-ENERGIZER, unless explicitly agreed otherwise. Upon conclusion of the Package Travel Agreement, the Traveler shall immediately pay a (down)payment of no more than 50% of the total agreed travel price unless otherwise agreed.
2.The Traveler shall pay the remaining balance of the travel price to RE-ENERGIZER no later than six weeks prior to the day of departure. If timely payment is not received, the Traveler will receive a payment reminder, granting a period of 14 days to settle the payment. Under special circumstances, the Traveler may pay in installments as explicitly agreed with RE-ENERGIZER.
3.If Parties have agreed on a down payment, the Traveler must have paid this down payment before RE-ENERGIZER will commence its services. In case of late payment of the down payment, the Traveler will receive a payment reminder. If payment is not made, the collection policy will be initiated. Price increases and changes in availability of Services and/or activities may apply if payment is made at a later time.
4.In case of installment payments by the Traveler, RE-ENERGIZER is entitled to adjust the applicable prices and rates in writing, in accordance with the terms of the Package Travel Agreement, with a notice period of at least three months.
5.If the Traveler fails to fulfill his/her payment obligation timely, RE-ENERGIZER is entitled to terminate the Package Travel Agreement immediately without any obligation to pay damages or refund already paid amounts.
6.If the Traveler cancels the Package Travel Agreement before the start of the package trip, the following standard cancellation fees will be charged. This cancellation fee shall not exceed the amount of the total travel price once (excluding reservation costs, insurance premiums, and contributions to the calamity fund). The standard cancellation fees are structured as follows:
•Cancellation up to 60 calendar days (exclusive) before the start of the package trip: 10% of the travel price;
•Cancellation up to 45 calendar days (exclusive) before the start of the package trip: 35% of the travel price;
•Cancellation up to 30 calendar days (exclusive) before the start of the package trip: 50% of the travel price;
•Cancellation up to 14 calendar days (exclusive) before the start of the package trip: 75% of the travel price;
•Cancellation up to 7 calendar days (exclusive) before the start of the package trip: 90% of the travel price;
•Cancellation on the day of departure or later: 100% of the travel price.
7.If expressly provided in the Package Travel Agreement, prices may be increased after the conclusion of the Agreement pursuant to Article 7:507 of the Dutch Civil Code. RE-ENERGIZER shall notify the Traveler in writing of any price increase no later than 20 days prior to the start of the trip.
8.If the price increase exceeds 8% of the price of the Package Travel Agreement, the Traveler, as a consumer, may accept the proposed change or terminate the Agreement within a reasonable period determined by RE-ENERGIZER without paying the termination fee referred to in Article 6, paragraph 3 of this Package Travel Agreement.
9.In case of termination of the Package Travel Agreement due to a price increase exceeding 8%, and if the Traveler does not accept an equivalent alternative offer, RE-ENERGIZER shall refund all amounts paid by or on behalf of the Traveler without delay and in any event no later than 10 business days after termination.
10.All prices are, in principle, exclusive of value-added tax (VAT), unless explicitly stated otherwise.
11.The Traveler is obliged to fully reimburse the costs of third parties engaged by RE-ENERGIZER after approval by the Traveler, unless explicitly agreed otherwise.
12.Parties may agree that the Traveler must pay a deposit. If a deposit has been agreed upon, the Traveler must pay the deposit before the commencement of the services.
13.The Traveler cannot derive any rights or expectations from a budget provided in advance, unless expressly agreed otherwise by the Parties.
Article 14 – Collection Policy
1.If the Traveler fails to fulfill their payment obligation and has not paid within the stipulated payment term, the Traveler shall be in default by operation of law.
2.If the Traveler is a Consumer, they shall first receive a further written reminder requesting payment of the outstanding amount within the specified term, and shall be informed of the consequences of default. If the Traveler still fails to pay, they shall be deemed in default.
3.From the date the Traveler is in default, RE-ENERGIZER shall, without further notice of default, be entitled to statutory commercial interest from the first day of default until full payment, as well as reimbursement of extrajudicial collection costs pursuant to Article 6:96 of the Dutch Civil Code, calculated according to the schedule set forth in the Decree on Compensation for Extrajudicial Collection Costs dated 1 July 2012.
4.If RE-ENERGIZER incurs additional or higher costs that are reasonably necessary, these costs shall also be reimbursed. Additionally, all judicial and enforcement costs incurred in full shall be borne by the Traveler.
Article 15 – Transfer of Risk
The risk of theft, loss, embezzlement, or damage to data, documents, databases, and/or items used, created, or delivered in the context of the execution of the Package Travel Agreement shall transfer to the Traveler at the moment these are actually placed at the disposal of the Traveler.
Article 16 – Obligation to Provide Information, Assistance, and Support in Travel Services
1.RE-ENERGIZER undertakes to comply with the provision of prescribed standard information (the main characteristics of the travel services) in accordance with Articles 7:502 and 7:504 of the Dutch Civil Code.
2.In the event that RE-ENERGIZER provides no or incorrect information, the provisions of Title 7A of Book 7 of the Dutch Civil Code regarding the agreement shall apply. In particular, this concerns the provisions related to the execution of the package travel, complaint procedures, obligations of assistance and support, termination options, and substitution.
3.If RE-ENERGIZER facilitates a linked travel arrangement, RE-ENERGIZER shall inform the Traveler (prior to the conclusion of the Package Travel Agreement) that the Traveler is not entitled to rights exclusively applicable to package travel under the law, and that the relevant service provider is solely responsible for the proper contractual performance of its own services.
4.Should the Traveler and/or their travel companions require assistance or support, RE-ENERGIZER shall provide information about local authorities, medical services, and consular assistance, as well as assist the Travelers in using remote communication and in finding alternative travel arrangements. If assistance or support is required as a result of intentional or negligent acts by the Traveler and/or their travel companions, RE-ENERGIZER is entitled to charge a reasonable fee to the Traveler.
5.In the event that, due to force majeure, the return travel (transport) cannot be carried out on the agreed date, RE-ENERGIZER shall reimburse accommodation costs for up to three nights per Traveler. The aforementioned limitation of costs does not apply to disabled persons and their escorts, pregnant women, unaccompanied minors, and persons requiring specific medical assistance, provided that RE-ENERGIZER has been notified of their special needs at least 48 hours before the start of the package travel.
Article 17 – Travel Documents
1.The necessary travel documents shall be provided to the Traveler no later than 7 days prior to the day of departure, unless this cannot reasonably be required of RE-ENERGIZER.
2.Upon booking, the Traveler shall immediately receive proof of booking for the various components of the Package Travel Agreement.
3.If the Traveler has not received (complete) travel documents no later than 3 working days before the day of departure, the Traveler shall report this immediately to RE-ENERGIZER.
4.Upon receipt, the Traveler is obliged to carefully check the travel documents for errors and to contact RE-ENERGIZER immediately in case of any errors.
Article 18 – Privacy, Data Processing, and Security
1.RE-ENERGIZER shall handle the (personal) data of the Traveler and Travelers with care and shall use such data solely in accordance with applicable standards. Upon request, RE-ENERGIZER shall inform the data subject accordingly.
2.The Traveler is solely responsible for the processing of data processed through the use of any (travel) service provided by RE-ENERGIZER. The Traveler further guarantees that the content of the data is lawful and does not infringe upon any third-party rights. In this regard, the Traveler indemnifies RE-ENERGIZER against any (legal) claims related to such data or the performance of the Package Travel Agreement.
3.If RE-ENERGIZER is required under the Package Travel Agreement to provide security for information, such security shall comply with the agreed specifications and a security level that is reasonable considering the state of the art, the sensitivity of the data, and the associated costs.
4.RE-ENERGIZER may, after obtaining consent from the Traveler, publish one or more photos of the trip and/or the Traveler’s review on, for example, RE-ENERGIZER’s website and/or social media channels.
Article 19 – Suspension and Termination
1.RE-ENERGIZER is entitled to suspend the fulfillment of its obligations as soon as the Traveler is in default with the performance of any obligation arising from the Package Travel Agreement, including late payment of invoices. The suspension shall be promptly confirmed to the Traveler in writing. In such case, RE-ENERGIZER shall not be liable for any damages of any kind resulting from the suspension of its Services.
2.All Services are offered subject to (serious) unforeseen circumstances, such as extreme weather conditions and/or local circumstances that prevent or limit the execution of the Services. In the event of unforeseen and/or unsafe circumstances that result in the cancellation or exclusion of a Service, RE-ENERGIZER is entitled not to perform the Service and to offer an equivalent alternative.
3.RE-ENERGIZER shall not be liable for any damages of any kind arising from the temporary suspension of its Services. Such suspension (and/or termination) shall not affect the Traveler’s payment obligations for Services already rendered.
Article 20 – Force Majeure
1.RE-ENERGIZER shall not be liable if it is unable to fulfill its obligations under the Package Travel Agreement due to a force majeure situation.
2.Force majeure on the part of RE-ENERGIZER shall in any case include, but is not limited to: (i) force majeure affecting RE-ENERGIZER’s suppliers, (ii) failure of suppliers to properly fulfill their obligations, (iii) unforeseen changes in services provided by third-party service providers, (iv) defects in goods, equipment, software, or materials of third parties, (v) government measures, (vi) power outages, (vii) disruptions of internet, data network, and telecommunication facilities (including but not limited to cybercrime and hacking), (viii) natural disasters, (ix) war and terrorist attacks, (x) general transportation problems, (xi) strikes, cancellations and/or exclusions, and (xii) other situations which, in the reasonable opinion of RE-ENERGIZER, lie beyond its control and temporarily or permanently prevent the fulfillment of its obligations.
3.RE-ENERGIZER shall not be liable for failure to perform an obligation due to unforeseen circumstances attributable to the Traveler or a third party who is not an auxiliary person of RE-ENERGIZER.
4.RE-ENERGIZER expressly disclaims any liability regarding snow certainty at the relevant travel location. To the extent the Traveler has used additional Services contingent upon snow certainty, the conditions of the third party engaged by RE-ENERGIZER, involved in the actual execution of the Service, shall apply. The Traveler shall receive a proportionate compensation, which depends on the completion of the assignment, the disadvantage suffered by the Traveler, and any savings realized by RE-ENERGIZER because the relevant Service was partially or wholly not provided.
Article 21 – Limitation of Liability
1.If the provision of (Travel) services and/or execution of assignments by RE-ENERGIZER results in liability of RE-ENERGIZER, such liability shall be limited to a maximum of three times the value of the travel sum, unless the liability arises from intentional or negligent conduct of RE-ENERGIZER, or personal injury to the Traveler (other than those attributable to the Traveler themselves as stipulated in paragraph 4 of this article).
2.RE-ENERGIZER shall not be liable for general information contained in photographs, brochures, and other promotional materials or information on (linked) websites insofar as such information was not created by RE-ENERGIZER but by third parties.
3.RE-ENERGIZER is not liable for business damages, loss of profits and/or losses suffered, missed savings, or damages due to business interruptions of the Traveler.
4.In particular, RE-ENERGIZER shall not be liable for circumstances attributable to the Traveler or the Traveler themselves. This includes, but is not limited to, disregarding instructions and/or warnings, reckless or improper conduct, participation under the influence of alcohol, drugs, or medication, as well as any injuries or other harm incurred during the trip.
5.Damage to clothing or other property of the Traveler caused by third parties (who are not auxiliary persons within the meaning of Article 6:76 of the Dutch Civil Code, and who are not involved in the execution of the Package Travel Agreement) is also excluded from RE-ENERGIZER’s liability.
6.RE-ENERGIZER is not responsible for errors and/or irregularities in the functionality of the website, disruptions, or unavailability of the website for any reason whatsoever.
7.RE-ENERGIZER does not guarantee timely receipt of email. The Traveler has an independent obligation to monitor their email in a timely manner when information is provided digitally. RE-ENERGIZER shall take applicable statutory deadlines into account in this respect.
8.The Traveler guarantees the accuracy and completeness of the information provided by them concerning the (reservation) assignment. RE-ENERGIZER expressly excludes all liability for (consequential) damages arising from executing the assignment based on information incorrectly provided by the Traveler.
9.In case of non-conformity, the Traveler is entitled to an appropriate price reduction for each period during which the non-conformity existed, unless the non-conformity is attributable to the Traveler. The Traveler is entitled to appropriate compensation for all damages incurred as a result of the non-conformity unless the non-conformity is due to the Traveler, a third party (not involved in the execution of the travel services included in the Package Travel Agreement, and whose non-conformity could not have been foreseen or prevented), or unavoidable and extraordinary circumstances.
10.All claims by the Traveler due to failure on the part of RE-ENERGIZER shall lapse if they are not reported in writing and with reasons to RE-ENERGIZER within one year after the Traveler became or reasonably could have become aware of the facts on which the claims are based.
Article 22 – Confidentiality
1.RE-ENERGIZER and the Traveler undertake to maintain confidentiality with respect to all confidential information obtained in the context of an assignment. The obligation of confidentiality arises from the assignment and shall also be assumed if it can reasonably be expected that the information is confidential. This confidentiality obligation does not apply if the relevant information is already public/common knowledge, is not confidential, and/or if the information was not disclosed to RE-ENERGIZER by the Traveler during the Package Travel Agreement and/or was obtained by RE-ENERGIZER by other means.
2.If RE-ENERGIZER is required by law or court order to disclose confidential information to a third party indicated by law or a competent court and cannot invoke a privilege, RE-ENERGIZER shall not be liable for any damages and such disclosure shall not constitute grounds for termination of the Package Travel Agreement by the Traveler.
3.The transfer or dissemination of information to third parties and/or publication of statements, advice, or productions provided by RE-ENERGIZER to third parties requires RE-ENERGIZER’s prior written consent, unless such consent has been expressly agreed upon in advance. The Traveler shall indemnify RE-ENERGIZER against all claims by such third parties resulting from reliance on such information disseminated without RE-ENERGIZER’s written consent.
4.The confidentiality obligation shall also be imposed by RE-ENERGIZER and the Traveler on any third parties engaged by them.
Article 23 – Indemnification and Accuracy of Information
1.The Traveler is solely responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records provided to RE-ENERGIZER within the framework of the Package Travel Agreement. This responsibility also applies to data originating from third parties.
2.The Traveler indemnifies RE-ENERGIZER against any liability arising from failure to comply, or delayed compliance, with the obligations set forth in the preceding paragraph.
3.The Traveler indemnifies RE-ENERGIZER against claims by third parties regarding intellectual property rights related to the data and information provided by the Traveler and used in the execution of the Package Travel Agreement.
4.If the Traveler provides electronic files, software, or data carriers to RE-ENERGIZER, the Traveler guarantees that these are free from viruses and defects.
5.The Traveler is responsible for carrying the required travel documents, such as a passport that meets all validity requirements, or where permitted, an identity card, as well as any necessary visas, proof of inoculations and vaccinations, driver’s license, and green card.
6.It is the sole responsibility of the Traveler to observe, verify the accuracy of, and be present in a timely manner at the specified starting times and dates, for any purchases made under the Package Travel Agreement that are subject to specific dates and (start) times at the relevant location.
Article 24 – Reporting Complaints During the Trip
1.If the Traveler experiences a shortcoming in the performance of the Package Travel Agreement during the trip, the Traveler shall report this immediately to RE-ENERGIZER. The Traveler is required to call the designated emergency number of RE-ENERGIZER as soon as possible during the trip. This enables RE-ENERGIZER to resolve the issue, if possible, on the spot and without delay.
2.If the Traveler fails to comply with the reporting obligation during the trip as set forth in the preceding paragraph, and as a result RE-ENERGIZER is unable to resolve the shortcoming in the performance of the Package Travel Agreement promptly on site or within a reasonable period, any right to compensation may be limited or excluded.
3.RE-ENERGIZER shall provide clear information in the travel documents regarding the procedure to be followed locally, contact details, and availability of the parties involved, and will reimburse any communication costs to the Traveler, unless it appears that such costs reasonably should not have been incurred.
Article 25 – Other Complaints
1.If the Traveler is dissatisfied with the service of RE-ENERGIZER or has any other complaints regarding the execution of the assignment, the Traveler is obliged to report such complaints as soon as possible, but no later than 7 calendar days after the event giving rise to the complaint. Complaints may be submitted verbally or in writing via michel@michelvanloon.nl with the subject line “Complaint.”
2.The complaint must be sufficiently substantiated and/or explained by the Traveler for RE-ENERGIZER to be able to process the complaint.
3.RE-ENERGIZER will respond substantively to the complaint as soon as possible, but no later than 7 calendar days after receipt of the complaint.
4.The Parties shall endeavor to jointly reach a solution.
Article 26 – Applicable Law
1.The legal relationship between RE-ENERGIZER and the Traveler shall be governed by Dutch law.
2.RE-ENERGIZER reserves the right to amend these general terms and conditions and will inform the Traveler accordingly.
3.All disputes arising from or in connection with the Package Travel Agreement between RE-ENERGIZER and the Traveler shall be submitted to the competent court of the District Court Oost-Brabant, Eindhoven, unless mandatory legal provisions designate a different competent court.
Brilon, 27 July 2020