Direction, Briefings for Business Leaders Europe BV Chamber of Commerce Gooi en Vechtstreek: 30158497

In General

All our offers, agreements and the implementation thereof are exclusively governed by these conditions. Deviations can only be agreed with us in writing.

Services: the performances to which Direction has committed itself, such as goods and / or services and / or advice, which have been or are being delivered or made available by Direction to the Client, or are intended to be delivered or made available by Direction to the Client. , including pursuant to a purchase agreement and / or assignment, as well as the activities that Direction performs and / or will perform or is intended to perform for the Client.

Client: the natural person or legal entity who has indicated orally, in writing or otherwise that he wishes to use the Services offered by Direction, whether or not in the form of a continuing performance agreement.

The own terms and conditions used by the other party remain unaffected, insofar as they are not in conflict with these terms and conditions. In that case, our terms and conditions will take precedence at all times, even if priority has been stipulated otherwise.

Offers

All offers made by us, in whatever form, are without obligation, unless explicitly stated otherwise.

Sending offers and / or (other) documentation does not oblige us to accept a registration. Non-acceptance will be notified by us to the other party as soon as possible, but in any case within 14 working days.

Registration and passage of activities

Registrations are only deemed to have been accepted by us when we have sent a written confirmation. If the registration limit for the course is exceeded, the date of receipt of the registration / registration form will be used by us as a selection criterion. The non-admitted prospective student will be informed of this as soon as possible. Reservations are only valid for one week and will expire after the expiry of that period. Activities of Direction will only take place with sufficient participation. In case of insufficient participation – at our sole discretion – we can cancel the course. In this case, the other party will be notified no later than one week before the supposed start of the course and the course fees already paid will be refunded.

Handover / transfer

A student is allowed to be replaced, provided that we have been notified in writing at least 14 days before the start of the course and your replacement has also been approved by the faculty.

Change of course date by the student / client is only possible if this is notified in writing 4 weeks before the planned date. We are entitled to charge the other party € 195 for administration costs.

In case of illness, the student can be transferred to an identical, later course, provided that the illness is confirmed in writing by the treating physician or the other party’s personnel department no later than 3 days after the original course date. However, accommodation costs incurred with Masterclasses of € 800 will remain payable.

Performance of services

Direction will make every effort to provide the services with due care. Services provided by Direction are expressly only addressed to the Client of Direction and not to third parties involved with the Client. However, Direction does not guarantee the achievement of the result intended by the Client. Direction does not guarantee the suitability of the use of the Services by the Client, except insofar as this has been explicitly agreed upon in the agreement. Client is obliged to provide all data and information required by Direction. In addition, the Client is obliged to provide Direction with all other facts and circumstances that may be important for the correct execution of the agreement. Direction is authorized to charge costs if the client requests changes to the program during the course of the program.

Cancellation

Cancellation of a course place must be done by registered letter. The costs associated with cancellation are: up to 4 weeks before the start of the course: the costs for accommodation are stated in the relevant training. If no accommodation costs are mentioned, the cancellation costs are € 195, -. Within 4 weeks before the start of the course or after it starts: the full course fee and the costs for the accommodation. Cancellation scheme for Client specified assignments (in-company) – 1. In case of cancellation up to 2 months before the implementation date of the course, the out-of-pocket costs will be charged. – 2. In case of cancellation within 2 months before the execution date, the Client owes the first term included in the approved offer as well as costs that the Contractor has already incurred for the execution of the assignment. 3. In case of cancellation within two to four weeks of the execution of a workshop or course, in addition to the out of pocket costs, 50% of the agreed costs are payable by the client. 4. In case of cancellation within two weeks before the execution of a workshop or course, in addition to the out of pocket costs, 100% of the agreed costs are payable by the client. In case of cancellation during the assignment, due to circumstances that have nothing to do with the performance of Direction, the client owes the full amount offered.

Liability and Force Majeure

We exclude any liability insofar as it is not regulated by law. If, as a result of force majeure, we have to deviate from the agreed course date and / or time, we cannot be held liable for any resulting damage, such as travel expenses and hours not worked. Force majeure is understood to mean: any circumstance independent of our will, or unforeseeable circumstance, as a result of which we consider ourselves obliged to deviate from date, dates or time, such as absence of teachers or presenters due to illness. Direction is not obliged to fulfill any obligation if it is wholly or partially prevented or made difficult to do so, whether or not temporarily, as a result of force majeure, being a circumstance that cannot be attributed to its culpable fault. This also includes a non-culpable shortcoming as referred to in the previous sentence on the part of suppliers of Direction and / or third parties that Direction engages for the execution of the agreement, as well as a strike, excessive absenteeism of staff, transport difficulties, fire, government measures, including in any in the event of import and export prohibitions, quotas and business disruptions at Direction or its suppliers, involuntary disruptions or impediments that make the execution of the agreement more expensive and / or more burdensome, such as storm damage and / or other natural disasters, as well as attributable non-compliance by its suppliers, as a result of which it can not (no longer) fulfill its obligations towards the other party. In case of force majeure on the part of Direction, its obligations will be suspended. If Direction’s force majeure situation has lasted longer than ninety days, the parties have the right to terminate the agreement by written dissolution. That which has already been performed under the agreement will then be settled proportionately, without the parties owing each other anything else.

Duration and cancellation

If the agreement relates to the periodic or otherwise regular provision of Services by Direction to the Client, the agreement is entered into for one year, unless the parties explicitly agree on a different term. An agreement between Direction and Client that has been entered into for a definite period of time will each time be tacitly renewed for a period of one year, unless one of the parties terminates the agreement in writing, with due observance of a notice period of three calendar months prior to the end of the (extended ) contract term. Direction has the right to prematurely terminate an assignment agreement with due observance of a shorter notice period, subject to a proportional reduction in the price owed by the Client, insofar as this relates to the period after the date on which it was canceled. The parties will never be obliged to pay any compensation for this contractual termination.

Complaints

Any complaints will only be dealt with by us if they have reached us directly in writing within 14 days after delivery of the relevant performance, stating precisely the nature and grounds of the complaints. Complaints about invoices must also be submitted in writing and within 21 days of the invoice date. After the expiry of these terms, complaints will no longer be processed. Direction will respond to the advertisement within 4 weeks and it will be treated confidentially at all times. The complaint will be handled within 8 weeks. If a longer period of time will be required to conduct research, the participant must be informed of this before the due date, explaining the postponement; moreover, an indication must be given when one expects to be able to give a definitive answer. If the complaint is found to be justified by us, we are only obliged to still deliver the agreed performance. If Direction and the submitter do not reach an agreement now, the complaint will be transferred to an independent mediator. The judgment of this mediator will be binding, any consequences that may arise from this will be handled quickly by Direction.

Payment

Unless otherwise agreed in writing, payment of the course costs must be in our possession no later than 5 working days before the start of the course, stating the invoice number, the course name and the course date. The value day indicated on our bank statement is decisive and is therefore regarded as the day of payment. If payment is not made on time, the student can be refused entry to the course, unless the amount due is paid in cash or by check. All payments made by the other party serve primarily to settle any interest and collection costs incurred by us and subsequently to settle the oldest outstanding invoices. In the event that the other party: a. Is declared bankrupt, assigns an estate, submits a request for suspension of payments, or all or part of its properties are seized, b. dies or is placed under guardianship c. fails to pay an invoice amount or part thereof within the specified period, d. proceeds to discontinue or transfer its business or an important part thereof, including the contribution of its business to a company to be established or already existing, or proceeds to change the objective of its business, we have only effected one of the reported circumstances the right to either terminate the agreement or to claim any amount owed by the other party on the basis of the services provided by us, immediately and without any warning or notice of default being required, all without prejudice to our right on reimbursement of costs, damages and interest.

Interest and costs

If payment has not been made in the agreed manner, the other party is in default by operation of law and from that moment owes an interest of 1% per (part of a) month on the outstanding amount. All judicial and extrajudicial costs to be incurred will be borne by the other party. The legal costs also include all actual costs of legal and procedural assistance incurred during legal proceedings, which exceed the liquidation rate. The extrajudicial collection costs amount to at least 15% of the amount owed by the other party, including the aforementioned interest.

Applicable law

All our offers, agreements and the implementation thereof are exclusively governed by Dutch law.

Registration

By signing the agreement, the Client unambiguously grants Direction permission, insofar as this is required by mandatory law, for the automatic processing of personal data provided by the Client. Direction will then take the necessary measures to ensure that these personal data – in view of the purposes for which they are collected and processed – are correct and accurate and the Client guarantees proper and careful processing of his personal data. Direction will only process the personal data for its own marketing activities and / or commercial purposes, as well as for the marketing activities and / or commercial purposes of third parties who provide services for Direction or collaborate with Direction. Client may object to the processing of his data on behalf of third parties with a view to recruitment for commercial and / or charitable purposes, at any time free of charge against Direction. In case of objection, Direction will take measures to immediately terminate this form of processing. At cost price, Direction is prepared to inform the Client at the request of the Client what it has included in the file with regard to the Client. A request for information as referred to in the previous sentence can only be made by the Client itself (or its director, if the Client is a legal person) and not by an authorized representative.

Disputes

All disputes, including those considered as such by one party only, arising out of or in connection with the agreement to which these terms and conditions apply or the relevant terms and conditions themselves and their interpretation or implementation, both of a factual and legal nature, will be settled by the competent civil court within whose jurisdiction our place of residence is located, unless the subdistrict court has jurisdiction.

Special provisions regarding the purchase and delivery agreement

Subject to the provisions set out below, an agreement with us will only be concluded after we have accepted or confirmed an order in writing, whereby the date of the confirmation is decisive. The order confirmation is considered to represent the agreement correctly and completely, unless the other party has immediately protested in writing

Prices

Unless stated otherwise, our prices are: -based on delivery ex our company, warehouse or other storage place, -excluding VAT, import duties, other taxes, levies and duties. In the event of an increase in one or more of the cost price factors, we are entitled to increase the order price accordingly; all this with due observance of any applicable statutory regulations, on the understanding that already known future price increases must be stated in the order confirmation.

Transport / risk

If no further instructions have been provided to us by the other party, the method of transport, shipping, packaging and the like will be determined by us with due diligence / merchant. Unless otherwise agreed, the other party assumes all risk, including the fault / negligence of the carrier. Any specific wishes of the other party with regard to the transport / shipment will only be carried out if the other party has declared that it will bear the additional costs thereof.

Retention of title

Delivered goods, services and materials remain our property. The copyright and ownership rights in all of our course materials are not transferable to clients. In the event of a moratorium, bankruptcy, suspension of payment, liquidation of the other party, or death if the other party is a natural person, we are entitled to cancel the order in whole or in part without notice of default or judicial intervention and the unpaid part of the delivered to be recovered. Cancellation and return do not affect our right to compensation for loss or damage. In these cases, any claim from us on the other party will be immediately and fully due and payable.

Payment

Unless otherwise agreed in writing, payment must be made in cash without discount or settlement on delivery or by means of deposit or transfer to a bank or giro account designated by us within 30 days of the invoice date. The value date indicated on our bank / giro statements is decisive and is therefore regarded as the payment date. In the event of late payment, we will claim compensation for default interest, judicial and extrajudicial costs.

Dissolution

The Client is only authorized to dissolve the agreement due to a shortcoming on the part of Direction if Direction, after a proper and detailed written notice of default, whereby a reasonable period is set for remedying the shortcoming, imputably fails to fulfill essential obligations under the agreement and before that. would be liable under the contract.