1. Definitions

In these terms and conditions, the following definitions apply:

1.1 Client: any natural or legal person who makes use of the services of the Contractor.

1.2 Contractor: Your Journey

2. General

2.1 These terms and conditions apply to every offer, quotation, and agreement between the Contractor and a Client to which the Contractor has declared these terms applicable, unless the parties have expressly and in writing agreed otherwise.

2.2. These terms and conditions also apply to agreements with the Contractor for the execution of which third parties are engaged by the Contractor.

2.3. These general terms and conditions are also intended for the employees of the Contractor and its management.

2.4. The applicability of any purchasing or other terms and conditions other than those of the Contractor is expressly rejected.

2.5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions of these terms and conditions shall remain fully applicable. The Contractor and the Client will then consult with each other in order to agree on new provisions to replace the null and void or annulled provisions, taking into account as much as possible the purpose and intent of the original provisions.

2.6. If any ambiguity arises regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation shall be made in accordance with the spirit of these provisions.

2.7. If a situation arises between the parties that is not regulated in these general terms and conditions, it shall be assessed in accordance with the spirit of these general terms and conditions.

2.8. If the Contractor does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the Contractor would in any way forfeit the right to demand strict compliance with the provisions of these terms and conditions in other cases.

2.9 The Contractor is entitled to amend the content and/or applicability of these general terms and conditions at any time. Parties to whom these terms and conditions have been declared applicable will be informed via the website and must indicate within one week whether they agree to the new terms. In the absence of a response, the Contractor will assume that agreement has been given.

3. Quotations and offers

3.1 All quotations and offers from the Contractor are non-binding, unless a period for acceptance has been specified in the quotation. If no acceptance period has been stated, no rights can be derived from the quotation or offer in any way if the product to which the quotation or offer relates is no longer available in the meantime.

3.2. The Contractor cannot be held to its quotations or offers if the Client can reasonably understand that the quotation or offer, or any part thereof, contains an obvious mistake or clerical error.

3.3. The prices stated in a quotation or offer are exclusive of VAT and other government levies, as well as any costs to be incurred in connection with the agreement, including travel and accommodation, shipping, and administrative costs, unless stated otherwise.

3.4. If the acceptance deviates, whether on minor points or otherwise, from the offer included in the quotation or proposal, the Contractor is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating acceptance, unless the Contractor indicates otherwise.

3.5. A composite quotation does not oblige the Contractor to perform part of the assignment at a corresponding proportion of the stated price. Offers or quotations do not automatically apply to future orders.

3.6. If the Contractor and the Client agree on a fixed fee or fixed price, the Contractor is nevertheless entitled at all times to increase this fee or price, without the Client being entitled to terminate the agreement on that ground, if the price increase results from a statutory power or obligation or is caused by an increase in the price of raw materials, wages, etc., or on other grounds that could not reasonably have been foreseen at the time the agreement was concluded.

4. Payment and collection costs

4.1 Once the Contractor has confirmed that the Client qualifies for the offered services, the Client must make a deposit of 50% of the total invoice amount and transfer it to the bank account stated on the invoice. The invoice will be sent by email as soon as the order confirmation from the Client has been received. The deposit serves as the official confirmation that the Contractor will begin carrying out the services.

4.2 If the Client wishes to terminate the agreement after making the deposit, the Contractor will refund the deposit, minus €25 in administrative costs.

4.3 Unless otherwise agreed between the parties, the final payment, being the quotation amount minus the deposit, must be paid within two weeks of the invoice being sent.

4.4 If payment has not been received within two weeks after the invoice has been sent, the Client shall be in default by operation of law. The Client will then owe interest of 1% per month, unless the statutory interest rate is higher, in which case the statutory interest rate will apply. Interest on the outstanding amount will be calculated from the moment the Client is in default until the full amount due has been paid.

4.5 The Contractor has the right to apply payments made by the Client first toward costs, then toward any accrued interest, and finally toward the principal amount and any ongoing interest.

4.6 The Client is never entitled to set off any amounts owed to the Contractor. Objections to the amount of an invoice do not suspend the obligation to pay.

4.7 If the Client is in default in the timely fulfilment of their obligations, all reasonable costs incurred to obtain payment out of court shall be borne by the Client. A Client who is a natural person not acting in the course of a profession or business shall be considered in default after being given notice to pay within 14 days of the date of the reminder and payment has not been made. The extrajudicial collection costs will be calculated in accordance with what is customary in Dutch debt collection practice. However, any higher collection costs that were reasonably necessary will also be borne by the Client. Any judicial and enforcement costs incurred will likewise be recovered from the Client, including interest on these amounts.

5. Travel documents

5.1 It is the responsibility of the Client to ensure they are in possession of the correct travel documents, such as a valid identification document, visa, work permit, and proof of the required vaccinations. Applying for, paying for, and obtaining these documents is entirely the responsibility of the Client.

5.2 If the Client is unable to undertake the trip or parts of the trip due to the absence of the required documents, all resulting consequences shall be the sole responsibility of the Client.

6. Amendments to the assignment

6.1 The Client has the right to amend the assignment. Any additional costs arising from such changes will be charged to the Client.

6.2 If a price increase, other than as a result of an amendment to the agreement, exceeds 10% and takes place within three months after the agreement has been concluded, only the Client who is entitled to rely on Title 5, Section 3 of Book 6 of the Dutch Civil Code is entitled to terminate the agreement by means of a written statement, unless the Contractor is still willing to perform the agreement on the basis of the originally agreed terms; or if the price increase results from a statutory power or obligation resting on the Contractor; or if it has been stipulated that delivery will take place more than three months after the conclusion of the agreement; or, in the case of the delivery of goods, if it has been agreed that delivery will take place more than three months after the purchase.

7. Suspension, termination, and interim cancellation of the agreement
   

7.1 The Contractor is entitled to suspend the fulfilment of its obligations or to terminate the agreement if the Client fails to fulfil the obligations under the agreement, fails to do so in full, or fails to do so on time; if circumstances that come to the Contractor’s attention after the agreement has been concluded give good reason to fear that the Client will not fulfil their obligations; if, at the time of concluding the agreement, the Client was requested to provide security for the fulfilment of their obligations and such security is not provided or is insufficient; or if, due to a delay on the part of the Client, the Contractor can no longer reasonably be expected to perform the agreement under the originally agreed conditions.

7.2. Furthermore, the Contractor is entitled to terminate the agreement if circumstances arise that make performance of the agreement impossible, or if other circumstances occur such that the unchanged continuation of the agreement cannot reasonably be expected of the Contractor.

7.3. If the agreement is terminated, the Contractor’s claims against the Client become immediately due and payable. If the Contractor suspends the fulfilment of its obligations, it retains its rights under the law and the agreement.

7.4. If the Contractor proceeds with suspension or termination, it shall in no way be liable for any compensation for damages or costs arising in any manner as a result thereof.

7.5. If the termination is attributable to the Client, the Contractor is entitled to compensation for damages, including costs incurred directly and indirectly as a result.

7.6. If the Client fails to fulfil the obligations arising from the agreement and this failure justifies termination, the Contractor is entitled to terminate the agreement immediately and with immediate effect, without any obligation on its part to pay any compensation or damages, while the Client shall, on the grounds of breach of contract, be liable to pay compensation or damages.

7.7. If the agreement is terminated prematurely by the Contractor, the Contractor will, in consultation with the Client, arrange for the transfer of any remaining work to third parties, unless the termination is attributable to the Client. If the transfer of the work results in additional costs for the Contractor, these costs will be charged to the Client. The Client is obliged to pay these costs within the specified period, unless the Contractor indicates otherwise.

7.8. In the event of liquidation, (an application for) suspension of payments or bankruptcy, attachment of assets, if and insofar as the attachment has not been lifted within three months, debt restructuring, or any other circumstance as a result of which the Client can no longer freely dispose of their assets, the Contractor is entitled to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation to pay compensation or damages. In such cases, the Contractor’s claims against the Client become immediately due and payable.

7.9. If the Client cancels a placed order in whole or in part, the work already carried out, the items ordered or prepared for that purpose, increased by any transport and delivery costs, as well as the labour time reserved for the execution of the agreement, will be charged in full to the Client.

8. Liability

8.1 If the Contractor is held liable, such liability shall be limited to what is set out in this provision and shall be limited to the amount paid out, where applicable, under the (professional liability) insurance taken out by the Contractor.

8.2. The Contractor shall not be liable for any damage whatsoever arising from reliance on incorrect and/or incomplete information provided by or on behalf of the Client.

8.3. If the Contractor is liable for any damage, such liability shall be limited to a maximum of twice the invoice value of the assignment, or at least to the portion of the assignment to which the liability relates.

8.4. In any event, the Contractor’s liability shall always be limited to the amount paid out by its insurer, where applicable.

8.5. The Contractor shall only be liable for direct damage.

8.6. Direct damage shall exclusively mean the reasonable costs incurred to determine the cause and extent of the damage, insofar as such determination relates to damage within the meaning of these terms and conditions; any reasonable costs incurred to have the defective performance of the Contractor comply with the agreement, insofar as these can be attributed to the Contractor; and reasonable costs incurred to prevent or limit damage, provided that the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions. The Contractor shall never be liable for indirect damage, including consequential damage, loss of profit, lost savings, or damage due to business interruption.

8.7. The limitations of liability set out in this article do not apply if the damage is the result of intent or gross negligence on the part of the Contractor or its managerial subordinates.

Article 9 Indemnification

9.1. The Client shall indemnify the Contractor against any claims by third parties who suffer damage in connection with the performance of the agreement and where the cause of such damage is attributable to parties other than the Contractor. If the Contractor is held liable by third parties on that basis, the Client is obliged to assist the Contractor both out of court and in legal proceedings and to immediately do everything that may reasonably be expected in such a case. If the Client fails to take adequate measures, the Contractor is entitled, without prior notice of default, to take such measures itself. All costs and damages incurred by the Contractor and third parties as a result shall be fully borne by the Client.

10. Applicable Law and Disputes

10.1 The agreement shall be governed by Dutch law.

10.2 Insofar as disputes fall within the jurisdiction of a court, such disputes shall be exclusively submitted to the court in the judicial district in which the Contractor is established.

11. Refund policy

11.1 If you are not satisfied with one of our online or offline services, Your Journey Academy will assess your complaint as soon as possible. In doing so, we will also evaluate the effort you have made to follow the training or coaching. Based on this assessment, a full or partial refund may be granted.