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Coaching | Course

This sole proprietorship is registered with the Chamber of Commerce in the Netherlands under number 93855192. ARA Tourism Consultancy is a sole proprietorship operated by myself, Simone van Nieuwstadt. ARA Tourism Consultancy operates with general terms and conditions. These general terms and conditions can be sent to you upon request free of charge. ARA Tourism Consultancy is located at Kometenlaan 26, 3712XB, Huis ter Heide, Netherlands. ARA Tourism Consultancy is a Dutch-based company; therefore, Dutch legislation and law shall apply in all cases, even in the event of sales to companies abroad.

 

Article 1. Definitions

A. Proposal: all offers, (whether verbal or not), which, upon acceptance by you, lead to an agreement (as intended in article 6:217 of the Dutch Civil Code).

B. Quotation: any offer or proposal from ARA Tourism Consultancy made to the client, in response to a request to perform a task.

C. Invoice: a document that reflects a payment obligation from the customer to ARA Tourism Consultancy for a product/service that has been delivered or will be delivered.

D. Assignment: the service or product provided by ARA Tourism Consultancy.

E. Client: you are our client - the (legal) person/company - with whom ARA Tourism Consultancy enters into the agreement.

F. Cancellation: any form of termination of the agreement.

G. Written: all communication between Client and ARA Tourism Consultancy related to the assignment, whether electronic, via social media, or otherwise.

H. Agreement: the agreement or agreements, both verbal and written, between Client and ARA Tourism Consultancy, which describe or orally discuss which service ARA Tourism Consultancy will provide against what compensation and under what conditions.

I. Force Majeure: in addition to what is understood in law and jurisprudence as force majeure, force majeure here refers to all external causes, foreseen or unforeseen, over which ARA Tourism Consultancy has no influence and which prevent ARA Tourism Consultancy from fulfilling its obligations.

J. Parties: Client and ARA Tourism Consultancy together.

K. Compensation: the fee agreed upon for the assignment. This can include a fixed amount, hourly rate, consultancy fee, license fee, whether or not related to the project amount, or any other compensation agreed upon between the parties.

L. Digital Content: data produced and delivered in digital form.

M. E-Learning: The service of ARA Tourism Consultancy's E-Learning programs to the user, based on a closed agreement between both parties, consisting of making available and offering a website on which content is posted.

N. IP Rights: All intellectual property rights and related rights, such as copyrights, trademark rights, trade name rights, database rights, neighbouring rights, as well as know-how.

 

 

Article 2. General

1. ARA Tourism Consultancy primarily focuses on supporting entrepreneurs (with or without their own team) in improving and growing their business through everything in the broadest sense of the word. Various aspects include, but are not limited to: business (interior) design, marketing/branding, human resources management (HRM), content design, and sustainability. The support involves providing consultancy advice in a digital course format on these topics.

2. These terms and conditions apply to every offer, quotation, and agreement between the Client and ARA Tourism Consultancy, to which ARA Tourism Consultancy has declared these terms and conditions applicable.

3. These terms and conditions also apply to any subsequent assignments.

4. By signing a quotation or agreement or by providing written or verbal approval to ARA Tourism Consultancy, the Client declares that they have read and agreed to the general terms and conditions. In the case of a verbally agreed upon agreement, ARA Tourism Consultancy always refers to the location of these terms and conditions.

5. The possible (general) terms and conditions of the Client are not applicable in advance.

6. The articles below apply to every offer, assignment, or agreement from or with ARA Tourism Consultancy, unless otherwise agreed upon in writing between the parties.

7. In case of ambiguity regarding the interpretation of one or more provisions of these terms and conditions, the interpretation shall be made "according to the spirit and intention of ARA Tourism Consultancy".

8. If one or more provisions in these terms and conditions are declared null and void, become null and void, or are invalidated in whole or in part at any time, the remainder of these terms and conditions shall remain fully applicable.

9. The parties shall enter into discussions to agree on new provisions to replace null or invalid provisions. In doing so, the aim and purpose of the original provisions shall be followed as much as possible.

 

Article 3. Formation of an Agreement (or Assignment)

1. The agreement is formed through offer and acceptance, namely upon (verbal or written) acceptance by the Client of the offer from ARA Tourism Consultancy. These general terms and conditions apply to every agreement. Until the date of conclusion of the agreement, no rights can be derived from statements made by ARA Tourism Consultancy, conversations held, statements made, promises, etc., in the broadest sense.

2. The offer of the assignment clearly indicates the scope and content of the assignment, its duration, and the compensation.

3. ARA Tourism Consultancy cannot be held to its quotations or offers if they contain an explicit mistake or clerical error.

4. All offers and price quotations by ARA Tourism Consultancy are entirely non-binding unless a term of acceptance is specified.

5. Likewise, ARA Tourism Consultancy always reserves the right to make price changes.

6. The prices stated in the offer are exclusive of VAT, unless indicated otherwise.

7. If your acceptance deviates from the offer in any aspect, ARA Tourism Consultancy is not bound by it. The agreement is not concluded unless ARA Tourism Consultancy expressly indicates that the agreement is concluded.

8. Offers and rates do not automatically apply to future assignments.

9. Offers are based on the information provided by the Client. Therefore, the Client is obliged to provide all relevant information necessary for the offer. The Client is responsible for the accuracy and completeness of the provided data on which the offer is based. If ARA Tourism Consultancy does not have all the information, ARA Tourism Consultancy has the right to revoke the offer.

 

 

 

Article 4. Execution of the Agreement

1. ARA Tourism Consultancy will make every effort to execute the agreement to the best of its insight and ability and in accordance with the requirements of good craftsmanship.

2. The client is fully responsible for timely and complete provision of information necessary to execute the assignment. This occurs both at their own initiative and upon request from ARA Tourism Consultancy.

3. Success is not guaranteed. The coaching and/or courses (referred to as "programs") are aimed at the client making the maximum effort themselves to achieve the desired result. ARA Tourism Consultancy provides the client with the tools to achieve the desired result. Deviations from the (final) result compared to what has been agreed upon are not grounds for rejection, discount, compensation, or termination of the agreement.

4. ARA Tourism Consultancy reserves the right to adjust or modify the execution of the agreement at any time. This will take into account the agreed-upon assignment as much as possible. This may include the adjustment or modification of a program.

5. The duration of the agreement may vary. The duration and term are indicated in advance and depend on the type of program or course chosen by the client at ARA Tourism Consultancy. Exceeding deadlines does not entitle the client to compensation or termination of the agreement.

 

 

 

Article 5. Coaching and Your Obligations

1. An essential part of the offer from ARA Tourism Consultancy involves (long-term) collaboration between parties through coaching and/or courses, where 100% commitment from the Client is mandatory for effective cooperation.

2. Only ARA Tourism Consultancy has the right to refuse you as a participant in the program within 30 days from the confirmation of the assignment, if ARA Tourism Consultancy believes there is no good match and/or to maintain the quality of the group, in the broadest sense of the word. ARA Tourism Consultancy reserves the right to final approval.

3. If the situation under Article 5, clause 2 occurs, you are obliged to pay the deposit. If a larger portion than the deposit or the entire invoice has already been paid, ARA Tourism Consultancy will credit the amount up to the deposit.

4. ARA Tourism Consultancy is entitled to suspend the performance of the obligations of an assignment or terminate the agreement if:

A. The Client does not, fully, or timely fulfill the obligations of the agreement (such as not showing up or being late for an appointment, late payment of invoices, lack of commitment, repeatedly failing to fill out reports, or generally not being coachable). No refund is possible in this case;

B. After the conclusion of the agreement, ARA Tourism Consultancy becomes aware of circumstances that give good reason to fear that the Client will not comply with the agreement;

C. If the Client was requested to provide security for the fulfillment of its obligations under the agreement upon conclusion of the agreement and this security is not provided or is insufficient;

D. Or if due to delay on the part of the Client, ARA Tourism Consultancy can no longer be expected to fulfill the agreement under the originally agreed conditions;

E. Furthermore, ARA Tourism Consultancy is entitled to terminate the agreement if circumstances arise that are of such a nature that the fulfillment of the agreement is impossible or if otherwise circumstances arise that are of such a nature that unchanged maintenance of the agreement cannot reasonably be required of ARA Tourism Consultancy.

5. If a Client is entitled to periodic individual calls (such as by phone, via Skype, Zoom, or any other medium), these must be scheduled within the respective period. The Client's right to these calls expires within one month if the failure to hold a call is due to the Client. The responsibility for this lies with the Client. Alternative arrangements are only possible by mutual agreement.

6. The additional costs and fees resulting from delays in the execution of the assignment arise from the failure (timely and/or proper) to protect the Client.

7. The Client is expressly prohibited from sharing obtained materials, such as files, training materials, login credentials for participation in an online course, with third parties, and all obtained materials and items in the broadest sense. Failure to comply may result in a fine being imposed on the Client, and additionally, the Client may be held liable for any consequential damages suffered.

8. To ensure the safety of all participants within a program, it is also expressly prohibited for the Client to use information, ideas, concepts, brainstorms, documents, content, etc., shared between participants, whether confidential or not, in their own business operations.

9. The Client must ensure that if online tools are used in the program where the Client may be audible (such as an online Q&A), these recordings remain available in the online environment of ARA Tourism Consultancy. The Client hereby gives consent and unconditionally grants ARA Tourism Consultancy the right to make recordings of their presence and/or performance in the program, as well as to store these recordings and the processed (special) personal data therein in the learning environment, whether in edited form, to reproduce, broadcast, and repeat them, in any manner known today or in the future, without any limitation on territory, time, or manner of exploitation.

10. By virtue of the Client's presence and/or performance in the Program, if the Client could assert any intellectual property rights, including copyrights and/or related rights, the Client is deemed to have transferred these rights completely and unconditionally to ARA Tourism Consultancy by approving these terms. The Client hereby also waives the rights mentioned in Article 5, clause 1 sub a, b, c, and Article 45e sub a, b, and c of the Copyright Act.

11. If after the expiration of the agreement, the Client still has the right to a certain component/certain components of a program, the Client has one month to claim and schedule this component/these components. If the Client indicates that they no longer wish to use this or if the Client does not, insufficiently, or unclearly respond, these rights will lapse.

 

 

Article 6. Engagement of Third Parties

1. ARA Tourism Consultancy has the right to have certain tasks performed by third parties (such as specialists, experts, trainers, advisors), especially if the proper execution of the agreement requires it. The applicability of Article 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is expressly excluded.

2. If third parties are engaged whose involvement is relevant to the execution of the assignment, ARA Tourism Consultancy will communicate this as necessary.

 

Article 7. Intellectual Property Rights

1. All intellectual property rights arising from the assignment (including patent rights, trademark rights, design or model rights, and copyright) in the broadest sense, belong to ARA Tourism Consultancy. To the extent that such a right can only be obtained through registration, ARA Tourism Consultancy alone is authorized to do so.

2. ARA Tourism Consultancy always has the right to (have) its name mentioned or removed on, in, or around the result of the assignment in the customary manner for that result. If you wish to make the result public or reproduce it without mentioning the name of ARA Tourism Consultancy, you must first request written permission from ARA Tourism Consultancy.

3. The results (originals) produced by ARA Tourism Consultancy in the context of the assignment (such as designs, design sketches, concepts, advice, illustrations, photos, prototypes, (partial) products, films, (audio and video) presentations, and other materials or (electronic) files, etc.) are the property of ARA Tourism Consultancy, regardless of whether they have been made available to you or to third parties.

4. If the Client participates in a program, training, workshop, podcast, event, etc., and becomes aware of training, presentations, content, and/or has access to the online learning environment, online environment, social media, website, etc., in any way, the Client must ensure that all information and works of ARA Tourism Consultancy are intellectual property and thus protected.

5. Sale, reproduction, disclosure, and/or multiplication, in the broadest sense of the word, to third parties of the aforementioned under this article is prohibited for the Client.

6. In the event of proven infringement of the rights referred to in this article, ARA Tourism Consultancy has the right to charge a self-determined but reasonable fee to the Client. This does not affect the right to claim damages.

7. ARA Tourism Consultancy retains the right to use increased knowledge resulting from the execution of the work for other purposes. ARA Tourism Consultancy may not disclose confidential information to third parties.

8. Upon completion of the assignment, neither the Client nor ARA Tourism Consultancy has any obligation to each other regarding the materials and data used.

 

 

 

Article 8. Additional provisions for online content

1. Due to the use of a third-party platform for providing a course, ARA Tourism Consultancy cannot guarantee that the content will be available at all times and in all locations.

2. ARA Tourism Consultancy reserves the right to refuse participation at all times.

3. ARA Tourism Consultancy is entitled to expand, limit, or modify the content of a course.

4. Participant obtains a limited and personal right to use the content of a course for personal (business) purposes. The program is intended to inspire and support, not to be copied.

5. Participant may share screenshots of the content on social media to a limited extent when such material is accompanied by attribution to ARA Tourism Consultancy. It is not allowed to share screen recordings.

6. Participant is not allowed to create a similar offering within 12 months after access to the course has been granted. After this period, Participant is still not permitted to use or sell information from the attended course.

7. Information provided during the duration of the course remains the property of ARA Tourism Consultancy. ARA Tourism Consultancy will indicate in a timely manner until when the content will be available. It is the participant's responsibility to view the material in a timely manner and, where provided, to save it.

8. If a community is associated with a course, Participant declares not to send spam or otherwise unwanted communications. Violation of these terms may result in immediate denial of access and use of ARA Tourism Consultancy's services.

9. ARA Tourism Consultancy reserves the right to delete communication or other parts of shared information without further notice if the content of such communication and information justifies its removal.

10. ARA Tourism Consultancy reserves the right to exclude participants from further participation and, if necessary, from future participation, who obstruct or hinder the progress of a course through their behavior. Exclusion does not affect the obligation to pay the costs for the respective content.

 

Article 9. Use of the result

 

1. The Client obtains the 'right of use' of the result of the assignment in accordance with the agreed destination, provided that the Client complies with the obligations under the agreement with ARA Tourism Consultancy.

2. If no agreements have been made regarding the destination, as referred to in paragraph 1, the right of use remains limited to the use for which the assignment was evidently given. The right of use is exclusive and non-transferable unless the nature of the agreement prevents it or otherwise agreed upon.

3. When the result also concerns works protected by third-party rights, the parties will make additional agreements on how the use of these works will be regulated.

4. Without written permission, the Client does not have the right to modify, expand, or otherwise reuse or execute the result of the assignment differently than agreed upon, or to have this done by third parties. ARA Tourism Consultancy may impose conditions on this permission, such as the payment of a reasonable fee.

5. In case of unauthorized or other use, including modification, defacement, or impairment of the preliminary or final result, ARA Tourism Consultancy is entitled to compensation for infringement of its rights, of at least three times the agreed fee, or a fee that is reasonably proportional to the infringement committed, without prejudice to any other rights.

6. ARA Tourism Consultancy is free to use the results and proprietary rights for its own publicity, acquisition of assignments, promotion, including contests and exhibitions, and to obtain them on loan, in the case of physical results. ARA Tourism Consultancy is deemed to respect the interests of the Client, taking into account the General Data Protection Regulation.

7. ARA Tourism Consultancy has the right to mention the Client as a reference on its website without disclosing (personal) data. If the Client explicitly agrees, ARA Tourism Consultancy may mention the name of the Client on its website without other (personal) data that is not necessary for publicity on the website.

 

Article 10. Payment Terms

 

1. ARA Tourism Consultancy maintains a payment term of up to 7 days after the invoice date, without deduction, setoff, or suspension, unless otherwise agreed and stated on the invoice.

2. Invoicing always occurs in advance unless otherwise agreed by the parties.

3. By mutual agreement, it is possible to pay in installments. A minimum surcharge of 5% applies for this.

4. If the parties agree that the Client fulfills his payment obligation in installments, the Client may repay the amount earlier without penalty.

5. A minimum deposit of €500,- excluding VAT applies if the Client wishes to pay in installments.

6. Any costs incurred by ARA Tourism Consultancy for the execution of the assignment, such as material, travel and accommodation costs, costs for prints, copies, (proof) prints, and costs of third parties for advice, production, and guidance, etc., are part of the total offer unless the nature of the agreement prevents it or otherwise agreed.

7. In case of exceeding the payment term, ARA Tourism Consultancy will send a payment reminder (notice of default). If the Client does not fulfill his payment obligation within 14 days, the Client is in default and owes statutory interest plus extrajudicial collection costs on the outstanding amount. This is calculated according to the (tiered) collection rate advised by the Dutch Bar Association. Execution costs and all other additional costs will also be recovered from the Client.

8. In case of exceeding the payment term, ARA Tourism Consultancy has the right to suspend the execution of the assignment or delivery of its services and/or products. This means that ARA Tourism Consultancy will not grant the Client access to the online environment or access to an event, etc., until the Client pays.

9. In case of non-compliance with the aforementioned payment terms, ARA Tourism Consultancy has the right to terminate the agreement without the intervention of the court. This does not immediately entail a withholding of payment.

10. In case of non-compliance with the payment terms, ARA Tourism Consultancy has the right to immediately terminate the assignment. This does not release the Client from the payment obligation.

11. Any objections to the amount of the invoice must be communicated to ARA Tourism Consultancy immediately, but no later than 7 days after the first invoice. These objections do not suspend the payment obligation.

12. ARA Tourism Consultancy may decide to deviate from the provisions of this article for existing clients.

 

Article 11. Force Majeure

 

1. ARA Tourism Consultancy shall not be obligated to fulfill any obligation towards the Client if it is hindered from doing so as a result of circumstances not attributable to fault, and which neither under the law, a legal act, nor prevailing opinions in society can be considered its responsibility.

2. ARA Tourism Consultancy also has the right to invoke force majeure if the circumstance preventing (further) performance of the agreement occurs after ARA Tourism Consultancy should have fulfilled its obligation.

3. ARA Tourism Consultancy may suspend the obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, then each of the parties is entitled to terminate the agreement, without obligation to compensate damages to the other party.

4. To the extent that ARA Tourism Consultancy has partially fulfilled its obligations under the agreement at the time of the occurrence of force majeure, or will be able to fulfill them, and if the fulfilled or fulfillable part has independent value, ARA Tourism Consultancy is entitled to invoice the fulfilled or fulfillable part separately. The Client is obliged to pay this invoice as if it were a separate agreement.

Article 12. Cancellation Conditions and Guarantee

 

1. Both ARA Tourism Consultancy and the Client have the right to immediately wholly or partially terminate the agreement, making all amounts due immediately payable, when concerning the other party:

A. a request for bankruptcy;

B. (provisional) suspension of payments; or debt restructuring, is filed, without any obligation for ARA Tourism Consultancy to pay any compensation or indemnity.

2. The Client also has the right to cancel the assignment solely in writing or by email and by mutual agreement. Cancellation becomes effective once ARA Tourism Consultancy has confirmed receipt of the cancellation. The date of cancellation is considered to be the date of the postmark for cancellations sent by mail, or the date and time of receipt of the confirmation email.

3. ARA Tourism Consultancy has the right to demand compensation for damages and cancellation fees in case of cancellation, as specified in this article.

4. For participation in an (online) program/course, the following specific cancellation conditions apply:

(Online) Program: when participating in a program, the following applies:

- The legal rules for online purchases of digital content on a non-physical carrier apply. This means that the Client does not have a cooling-off period/right of withdrawal because the digital service or product (in this case, the online course or training) is delivered immediately after ordering via the internet (it can be started immediately), to which the Client has agreed. Therefore, the Client waives their cooling-off period/right of withdrawal. By agreeing to the terms and conditions, the Client declares to waive their right of withdrawal.

For ARA Tourism Consultancy, the following exceptions apply to consumers to still be eligible for the right of withdrawal. These exceptions are not legally valid for business customers as they do not have a legal right of withdrawal:

- Participation in a program requires 100% commitment. It may happen that there is no good fit between the Client and ARA Tourism Consultancy, or that the program is not suitable. Therefore, despite waiving the cooling-off period/right of withdrawal, there is a guarantee period until 7 days after the start of the program.

- If you are not satisfied, and you have not purchased the ARA Tourism Consultancy courses via the free training, or if you decide to stop the collaboration for any reason within 7 days after the conclusion of this agreement, you must cancel this in writing by email. After these 7 days, you will not receive a refund.

- To terminate the agreement between the client and ARA Tourism Consultancy, the Client must send the complete homework of the module in writing by email to demonstrate that they have shown commitment and that ARA Tourism Consultancy is still not suitable for them.

- You will also not get your money back if you have viewed more than the first 10% of the visual material of the Main Module (i.e., the introduction module) of the ARA Tourism Consultancy introduction program that we provide. When viewing a lesson from a substantive follow-up module or one of the bonus modules, the right of cancellation lapses. You can expect ARA Tourism Consultancy to make every effort to make it a successful program.

- You will also not get your money back if an exception has been made regarding the terms or the amount, outside the discount code. This exception applies from 4 installments. With this, the consumer waives their right of withdrawal.

- When the Client is added to the private Discord group, part of ARA Tourism Consultancy's offer, the right of cancellation lapses.

- In that case, the Client is obliged to pay the agreed deposit and incurred (un)costs.

- All received documents and other received items must be returned after cancellation.

- Access to the online environment and any other systems will be denied.

5. For the purchase of a ticket or attending/following events and workshops, the following specific cancellation conditions apply:

6. Tickets/Events/Workshops/(Online) Material Refund is not possible. However, it is possible to have someone else take the place or receive a similar offer (e.g., ticket for a new date).

7. For the purchase of online material, in all cases, this is non-refundable.

8. Cancellation of an assignment must be done in writing or by email. Cancellation becomes effective once ARA Tourism Consultancy has confirmed receipt of the cancellation. The date of cancellation is considered to be the date of the postmark for cancellations sent by mail, or the date and time of receipt of the cancellation email.

9. For unreasonably rescheduling appointments or forgetting appointments, the contractor has the right to charge additional costs, such as costs for booked spaces, travel and accommodation costs, cancellation fees, etc.

10. Regarding article 9, section 5, only ARA Tourism Consultancy has the right to make alternative arrangements with the client.

11. ARA Tourism Consultancy has the right to cancel or reschedule an appointment because the agreement cannot be properly executed or because of force majeure. This explicitly includes illness, incapacity for work, deaths within the family and friends circle, or serious travel impediments.

12. The conditions described in this article apply in all cases and for all reasons cited, including illness or other force majeure situations on the part of the Client.

13. If ARA Tourism Consultancy has failed to fulfill the agreement due to attributable shortcomings, this does not lead to a refund of the agreed price and/or compensation for damages, but ARA Tourism Consultancy will make reasonable efforts to fulfill properly. ARA Tourism Consultancy will not charge any costs for this.

 

 

Article 13. Suspension and Termination

 

1. ARA Tourism Consultancy is authorized to suspend the performance of obligations or terminate the agreement if the Client fails to fulfill, fully or timely, the obligations under the agreement, if circumstances that came to the attention of ARA Tourism Consultancy after the conclusion of the agreement give reasonable grounds to fear that the Client will not fulfill the obligations, if the Client was requested to provide security for the fulfillment of obligations under the agreement and this security is not provided or is insufficient, or if, due to delay on the part of the Client, ARA Tourism Consultancy can no longer be expected to fulfill the agreement under the originally agreed conditions.

2. Furthermore, ARA Tourism Consultancy is authorized to terminate the agreement if circumstances arise that are of such a nature that the performance of the agreement is impossible, or if circumstances arise otherwise that are of such a nature that the unchanged continuation of the agreement cannot reasonably be expected from ARA Tourism Consultancy.

3. If the agreement is terminated, ARA Tourism Consultancy's claims against the Client become immediately due and payable. If ARA Tourism Consultancy suspends the performance of obligations, it retains its rights under the law and the agreement.

4. If ARA Tourism Consultancy proceeds with suspension or termination, it is in no way obliged to compensate for damages and costs incurred thereby.

5. If the termination is attributable to the Client, ARA Tourism Consultancy is entitled to compensation for the direct and indirect damages, including the costs, thereby incurred.

6. If the Client fails to fulfill its obligations arising from the agreement and this non-performance justifies termination, then ARA Tourism Consultancy is entitled to immediately and with immediate effect terminate the agreement without any obligation on its part to pay any compensation or indemnification, while the Client, due to non-performance, is obliged to pay compensation or indemnification.

7. If the agreement is terminated prematurely by ARA Tourism Consultancy, ARA Tourism Consultancy will, in consultation with the Client, ensure the transfer of work yet to be performed to third parties. This is unless the termination is attributable to the Client. If the transfer of work entails additional costs for ARA Tourism Consultancy, these will be invoiced to the Client. The Client is required to pay these costs within the specified period, unless otherwise indicated by ARA Tourism Consultancy.

8. In the event of liquidation, (application for) suspension of payments or bankruptcy, attachment - to the extent the attachment has not been lifted within three months - to the detriment of the Client, debt restructuring, or any other circumstance whereby the Client can no longer freely dispose of its assets, ARA Tourism Consultancy is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or indemnification. ARA Tourism Consultancy's claims against the Client become immediately due and payable in that case.

 

Article 14. Complaints and Claims

1. In case of a complaint about ARA Tourism Consultancy, the Client must first submit this complaint in writing to ARA Tourism Consultancy within 7 days after discovery.

2. The Client also has the opportunity to report clearly described defects in the delivered (online) products to ARA Tourism Consultancy within 7 days after delivery. If the claim is justified, ARA Tourism Consultancy will try to remedy this.

3. If no defects are reported to ARA Tourism Consultancy within the specified period, any possibility of claims lapses. Incorrect information provided by the Client leading to defects in the delivered goods is explicitly not considered as "defects".

4. Complaints do not entitle the Client to suspend or offset payments.

5. Complaints about delivered services (or products) can never be a reason for negotiating a discount, compensation, or termination of the agreement.

 

Article 15. Confidentiality and Non-Disclosure

1. Parties are obliged to maintain confidentiality regarding everything discussed during or in the context of the execution of the assignment.

2. Information is considered confidential if it has been communicated by the other party or if it arises from the nature of the information.

3. The confidentiality obligation does not apply if:

- ARA Tourism Consultancy is obliged to disclose information based on the law or a binding decision of the court or government authority;

- the information becomes public knowledge;

- ARA Tourism Consultancy acts for itself in a legal proceeding where this information may be relevant.

4. The Client is also obliged to ensure confidentiality and non-disclosure among participants.

5. Personal data received by ARA Tourism Consultancy are treated carefully and confidentially. Data is only used for the specified purpose and basis. ARA Tourism Consultancy complies with the applicable privacy laws, in particular the General Data Protection Regulation.

 

Article 16. Amendment of Terms and Conditions and Accessibility

1. ARA Tourism Consultancy is entitled to amend or supplement these general terms and conditions at any time.

2. The amended terms and conditions apply to new and existing agreements.

3. The most current version of the terms and conditions is always accessible via the website of ARA Tourism Consultancy.

 

 

Article 17. Liability Clause and Indemnification

 

Liability and Indemnification

1. If ARA Tourism Consultancy were to be liable, this shall not apply in any case to:

a. Errors or deficiencies in the material or data/information provided by the Client;

b. Misunderstandings, errors, or deficiencies regarding the execution of the assignment if these have their origin or cause in actions of the Client. This includes, for example, not timely or not providing complete, proper, and clear data/information.

c. Errors or deficiencies of third parties engaged by or on behalf of ARA Tourism Consultancy. The operation of Article 6:76 of the Dutch Civil Code is excluded.

d. Force majeure situations.

2. In the event of attributable failure to fulfill the agreement, ARA Tourism Consultancy is only liable for compensatory damages up to the invoice amount.

3. ARA Tourism Consultancy is solely liable for direct damages. Direct damages solely refer to the reasonable costs to determine the cause and extent of the damage, to the extent the determination relates to damage within the meaning of these conditions, the reasonable costs incurred to remedy the defective performance of ARA Tourism Consultancy in accordance with the agreement, to the extent these can be attributed to ARA Tourism Consultancy, and reasonable costs incurred to prevent or limit damage, to the extent the Client demonstrates that these costs have led to limitation of direct damage as intended in these general terms and conditions.

4. ARA Tourism Consultancy is never liable for indirect damages, including but not limited to consequential damages, loss of profits, financial loss, missed savings, and damages due to business interruption.

5. Claims for payment of damages expire by the lapse of 1 year after the day on which the Client became or could reasonably have become aware of the damage and the possible liability of ARA Tourism Consultancy for that damage.

6. The Client indemnifies ARA Tourism Consultancy, or persons engaged by ARA Tourism Consultancy, against claims from third parties arising from the use or application of the result of the assignment. The operation of Article 6:76 of the Dutch Civil Code (liability for the use of auxiliary persons) is excluded.

7. If the Client fails to take adequate measures, ARA Tourism Consultancy (without notice of default) has the right to do so. All costs and damages incurred by ARA Tourism Consultancy and third parties as a result thereof are fully at the expense and risk of the Client.

 

Article 18. Dispute Resolution and Applicable Law

1. A dispute exists if one of the parties claims so.

2. Parties will first make every effort to resolve a dispute amicably. If this fails, parties may appeal to the courts.

3. The agreement is governed exclusively by Dutch law, even if a commitment is wholly or partly performed abroad, or if the Client involved in the legal relationship has a domicile abroad. The applicability of the Vienna Sales Convention is excluded.

4. The District Court of Midden - Netherlands, location Lelystad, has exclusive jurisdiction to hear disputes or at least the district of the place of establishment of ARA Tourism Consultancy, unless the law mandatorily prescribes otherwise. Nevertheless, ARA Tourism Consultancy has the right to submit the dispute to the competent court as required by law.

 

 

These general terms and conditions were last amended on: May 01, 2024.