Chapter 5 Dissolution, indemnity and disputes
17. Dissolution, alteration, transfer by the client
1) The client cannot dissolve the agreement, after confirmation of the agreement by the company, with due observance of the other provisions stated in this article.
2) After conformation of the agreement by the company, consumers can dissolve the agreement within 14 days without any ground. In case the client desires dissolution of the agreement, the following costs will be accounted by the company:
a) the honorarium;
b) the additional costs;
c) all costs reasonably incurred and yet to be incurred, arising from obligations that the company has already entered into at the time of the cancellation given further fulfillment of the assignment.
3) In contrary to the previous paragraph, the client can, after confirmation of the agreement with regard to an one-time (group) training, dissolve the agreement without any ground. In case the client wishes to dissolve the agreement, , the following costs will be accounted by the company:
a) Within 1 month prior to the relating activity, 25% of the agreed amount for the training;
b) Within 2 weeks prior to the relating activity, 50% of the agreed amount for the training;
c) Within 1 week prior to the relating activity, including a no-show, 100% of the agreed amount for the training;
4) The client exercises the right of withdrawal by immediately giving the company an unambiguous statement to that effect, stating the ground of dissolution and the date on which the dissolution occurs.
5) In case the client makes use of the right of withdrawal, the day on which the client has terminated the agreement will be the day on which the unambiguous statement reached the company.
6) The burden of proof lies with the client for the correct and timely exercise of the right of dissolution.
7) In case of force majeure or if the client or participant is forced to due to unforeseen circumstances, the client or participant can alter or transfer the agreement.
8) Alterations or transfers can immediately after delay occurred, in writing, through an unambiguous statement and mentioning the cause of delay and the date of onset of the delay.
9) In the event of an alteration or transfer, the company confirms the alteration or transfer in writing.
10) Alterations or transfers are free of charge up to 24 hours before the execution of the service to be provided.
11) In the event of alterations or transfers within 24 hours, the initial costs for the activity in question will be charged.
18. Dissolution, alteration, transfer by the company
1) The company can without ground dissolve, alter or transfer the agreement.
2) The company informs the client in writing, through an unambiguous statement and referring to the reason of dissolution, alteration or transfer, immediately after onset of the delay, of the date of onset of the delay.
3) The offers of the replacing, altered or transferred activity will count as a new offer, which has to be accepted by the client.
4) In case it is not possible to offer the replaced activity or when the client does refuges the offer of the company, the company immediately transfers the amount paid by the client.
5) The company is not liable for any (further) damage. Only the client is liable for any further damage caused by the dissolution.
1) The company is liable towards the client for his accountable deficiencies. Insofar compliance is permanently not possible, this paragraph will only be applicable in respect to the legal regulations on neglect by the debtor.
2) If the company engages another person for execution of the assignment, the company will be similarly liable for his own deficiencies in respect to the provisions in art. 19 paragraph 5 of these general terms and conditions.
1) The company is, in case of accountable deficiencies, only liable for compensation of direct damage.
2) Any liability is limited to the honorarium, which is paid for the execution of the assignment.
3) Company cannot be held liable for indirect damages. Indirect damages include:a) consequential damage;b) loss of profit;c) immaterial damage of the client;d) missed savings;e) business interruptions;f) devaluation of products.
4) The client is responsible for providing his/her correct personal information, such as name, address details and other information required for the correct execution of the agreement. The company cannot be held responsible for damage resulting from incorrect information provided by the client that is required for the proper execution of the agreement.
5) The company cannot be held liable for damage resulting from sharing or making available otherwise of the username and/or password of the user. Storing usernames and/or passwords on a durable data carrier, or in any other way by the user will be borne entirely by the user. Furthermore, the company cannot be held liable in any way for the unauthorized distribution of usernames and/or passwords of the user, in case user makes use of third party support programs to store or remember the usernames and/or passwords.
6) As a starting point for indemnity, the status of the legislation will always be taken at the time of the conclusion of the agreement. The company cannot be held liable for damage resulting from changed legislation after the conclusion of the agreement, unless the company should have known about the change at the time of the agreement.
7) The client is obliged, unless this cannot be required of him due to circumstances, in good consultation, to give the company the opportunity, within a reasonable time of his accountable deficiencies for which the company is liable, to repair the deficiencies or limit/eliminate the consequential damage, without prejudice to the company’s liability for damage as a result of the deficiencies.
8) In determining the compensation in case of exceeding its authority of representation, in addition to the other relevant facts and circumstances, the extent to which the client benefits from the consequences of exceeding its authority is taken into account.
9) If a specific person is called in or prescribed by or on behalf of the client, the company shall not be bound towards the client with respect to the activities of this specific person to a higher amount than, that which the company can bind this person complying with the terms and conditions agreed upon between the company and the person, as accepted or approved by the client. In case the provided person fails and the company has reasonably taken the necessary steps to obtain fulfilment and / or compensation, the client will reimburse the extra costs incurred for the company, insofar as these have not been reimbursed by the provided person. In return the company will, at the first request of the client, cede this claim to the provided person up to the amount reimbursed to him by the client.
10) A compensation based on the above rules does not apply insofar as this compensation is unacceptable in the circumstances, by reason of reasonableness and fairness.
1) The company has a sufficient notified complaints procedure and handles the complaint in accordance with this complaints procedure.
2) Complaints about the execution of the agreement must be submitted to the company within 14 days, fully and clearly described, after the client has found the deficiencies. Complaints can be referred to the company by means of an unambiguous statement, with respect to the provisions in article 1 under f of these conditions.
3) Complaints submitted to the company are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will reply within the period of 14 days with a notice of receipt and an indication when the client can expect a more elaborate answer.
4) If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
22. Alterations in the General Terms and Conditions
1) The company has the authority to alter these general terms and conditions.
2) Alterations will only be binding for the client if the company has informed the client of the alterations to the general terms and conditions and fourteen days after such notification have passed, without the client giving the company notice in writing not to agree with the alterations.
1) The agreements between the company and the client to which these general terms and conditions apply, are exclusively governed by Dutch law.
2) Any disputes between parties arising from this agreement shall, if not otherwise agreed between the parties, be submitted by the most diligent party to a competent Dutch judge of the place of business of the company.
3) If by judicial decision one or more articles of these conditions are declared invalid, other provisions of these general terms and conditions will remain in full force and company and consumer will enter into consultation in order to agree on new provisions to replace the void or nullified provisions to comply with, as far as possible, the purpose and intent of the void or voided provisions.
4) In case of discrepancies or differences in interpretation between the English and Dutch version of this Agreement, the original Dutch version will prevail.
Mary Magdalene’s Re-Membership Terms and Conditions
- When you have taken out a monthly subscription, a minimum membership of 2 months applies. After these 2 months, the subscription can be changed or cancelled. The cancellation period is 1 month.
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