General Terms and Conditions Van der Wal Sport & Swimming Academy,
Located in the municipality of Teylingen and office holding in 2172 TG Sassenheim, Gladiolenstraat 9 B, registered in
the trade register of the Chamber of Commerce under number 56425066, hereinafter referred to as Van der Wal.
Article 1 - Definitions
In these general delivery conditions, concepts with a capital letter have the following meaning:
General terms and conditions: the present general delivery conditions.
Catching lesson (s): the right to make up for a correct and timely classified lesson moment at a different time.
Lesson (s): all forms of training.
Lesson moment: moment when the lesson takes place.
Location: place where the lesson takes place.
Participant: the person for whom the client has entered into the agreement and will thus
participate in the lessons.
Public agreement: Agreement in which the parties commit to
continuing, always recurring or successive performance on consecutive times.
Quotation: making a (written) offer.
Assignment confirmation: Written confirmation of the quotation by Van der Wal.
Client: Client is understood to mean any party that (partly) gives the order for
services, advising or making a quote.
Agreement or assignment: The agreement or assignment is understood to mean the commitment that Van der
Wal enters with its client (s).
Parties: Van der Wal and client (s) between which an (expensive) agreement has been concluded.
Personal account: the account that is active on the personal internet page of the client.
TRAINT CARD: Personal card, with a maximum validity of 9 weeks, which
gives the client the right to use the agreed number of lessons for the lessons provided
by Van der Wal.
In writing: in writing is also meant by e-mail, by fax or any other way of communication,
can be equated
with this in view of the Technology and the views that apply in social interim Activities: All activities for which the assignment has been given, or that is
directly related by Van der Wal from other heads, are performed with the agreement or quotation.
Side instrument: If previous swimming lessons or diplomas have been followed or obtained at another organization, there is
a side entrant.
Article 2 - applicability
2.1. These general terms and conditions apply to every and all negotiation, quotation,
order confirmation, agreement, work or other legal relationship and in any location where
Van der Wal teaches, to which Van der Wal has declared these terms and conditions, insofar as
the parties have not explicitly deviated from these terms and conditions in writing.
2.2. Accepting and retaining an offer, quotation,
order confirmation or agreement in which reference has been made by the Client without comments, applies as
approval of the application of these General Terms and Conditions in completeness.
2.3. Any general terms and conditions or other conditions of the client are not valid.
Van der Wal explicitly rejected
the 2.4. Only if this is agreed in writing by the Agreement can, without the other
conditions being affected or otherwise set out of operation, only in respect of an individually
determined assignment, from one or more of the provisions of these General Terms and Conditions are deviated from at the request of
the Client.
2.5. If one or more provisions in these General Terms and Conditions
are wholly or partially void at any time, the agreement will be maintained for the rest. The clause in question will
be replaced without delay in consultation between Van der Wal and the client by a clause that
approaches the scope of the original clause as much as possible.
2.6. Uncertainties about the interpretation or content of one or more provisions of the general terms and conditions or
situations that are not provided for in these general terms and conditions must be explained 'according to the spirit'
of these general terms and conditions.
2.7. If Van der Wal does not always demand strict compliance with these general terms and conditions, this does
not mean that the provisions of these general terms and conditions do not apply, or that Van der Wal
would lose the right to demand strict compliance with the provisions of these
general terms and conditions in other cases.
2.8. Van der Wal has the right to unilaterally change or supplement these general terms and conditions. These
changes also apply to the agreements that run at the time of the changes. Changes are
announced by e-mail to the client and enter into operation 30 (thirty) days after the announcement.
Article 3 - Offers
3.1. All offers from Van der Wal are without obligation.
3.2. Acceptations of offers or assignments in whatever form (in writing, fax, mail, oral or
otherwise) by the client are irrevocable for the client.
3.3. Van der Wal has the right to refuse an assignment without giving reasons.
3.4. Acceptances, whether or not in the form of an order confirmation on the basis of the client, which
contain substantial additions, restrictions or other changes, count as a new offer and as
a rejection of the original offer.
3.5. If the client accepts an offer, Van der Wal will retain the right to
withdraw the offer within 2 working days after acceptance.
3.6.
be reported in writing to Van der Wal
within three (3) days after the date of confirmation to display the agreement correctly and in full and the client is bound by it.
3.7. The price calculation and conditions of the offer have a validity of fourteen (14) days
after the offer date.
3.8. Any new price calculation and conditions of the offer specified by Van der Wal will take place instead
of the previous ones.
3.9. A composite price calculation does not require Van der Wal to comply with part of the offer
stated in the offer against a corresponding part of the stated price.
3.10. The offers are based on the information known at Van der Wal at the time of the offer and on
any information provided by the client with the application.
3.11. If the person who signs the quotation, order confirmation or agreement on behalf of one or more
others, he is, without prejudice to the liability of those others,
responsible and liable to Van der Wal as if he were the client.
Article 4 - Agreement
4.1. The agreement between Van der Wal and the client is for an indefinite period of time, unless the nature of the
agreement arises otherwise or if the parties have explicitly agreed otherwise in writing.
4.2. In addition to the effort, the duration of the assignment can be influenced by all kinds of factors, such as the use of
those who enjoy the lessons and the cooperation that is provided. Van der Wal cannot therefore
indicate in advance exactly how long the lead time for the execution of the assignment will be.
4.3. If a period has been agreed or specified for the execution of certain activities, this is
never a fatal period. Exceeding the delivery time does not entitle you to compensation.
4.4. The lesson is given in groups, depending on the type of lesson.
4.5. Specification of the work to be delivered are given good faith.
4.6. Van der Wal is entitled to suspend the implementation of the agreement without a legal intervention
if the Client does not or do not meet any obligation from the agreement and the
provisions and general terms and conditions associated with the agreement. Suspension as referred to above
never gives the right to compensation.
4.7. If the client wants to terminate the agreement without there being a shortcoming by Van der
Wal and Van der Wal, the agreement with mutual consent will be terminated.
Van der Wal is entitled to compensation for all asset damage, such as loss suffered, lost
profit and costs incurred.
Article 5 - Price
5.1. The price issued by Van der Wal for the work to be performed by it only applies to
the performance in accordance with the agreed specifications.
5.2. Van der Wal is entitled to claim entire or partial advance payment.
5.3. If no price or only an estimate of the price has been agreed between the parties, or if the price
can be changed in accordance with these general terms and conditions, will be settled on the basis of
Van der Wal's actual costs with a reasonable profit storage.
5.4. Van der Wal is entitled to increase the agreed price if after the conclusion of the
agreement there is unforeseen extra work, increase in costs in connection with the
implementation of the agreement or as a result of (amended) laws or regulations.
Article 6- Changes, additional work and price and rate adjustments
6.1.
always consider a timely request from the client to agree
with changes, additions and corrections of the However, Van der Wal is not obliged to approve in
to conclude
a separate written agreement for this 6.2. If Van der Wal agrees with changes, additions and corrections, of the agreement, this may
affect the agreed price and/or on the agreed time of (in) delivery.
Although less work can lead to a reduction in the agreed price, Van der Wal
reserves the right to
charge the Client the costs incurred by Van der Wal and the lost profit.
6.3. If extra work is required for the execution of the agreement that
were not foreseeable at the time of the conclusion of the agreement or if these additional activities are the result of
behavior and/or a concealment or incorrect or unclear statement of the client, these extra work will be
passed on according to Van der Wal's usual rates.
6.4. If a fixed price has been agreed in the agreement and the parties intend to
conclude a separate agreement with regard to additional activities or performance, Van der
Wal will inform the Client in advance about the financial consequences of those extra activities or
performance.
6.5. If the client does not want to pay any additional costs as a result of the extra activities or performance
, the desired extra activities or performance will not be carried out.
the client is and remains bound to the original agreement.
6.6. Van der Wal can
adjust the prices and rates of the agreed work annually.
Article 7 - Execution of work
7.1. Unless results have been explicitly agreed in writing, Van der Wal will and
can perform the services and activities to the best of our knowledge and work, and in accordance with the requirements of good professional
practice, which only means an obligation to make the best possible effort
.
7.2. The Client is obliged to fully cooperate and Van der Wal that it
considers that it is necessary and/or useful to
be able to properly perform the assigned work and deliveries. This means, among other things:
a. That inspection is granted in all documents and data deemed relevant by Van der Wal;
b. that all data and information is provided in time, which Van der Wal considers necessary or useful.
7.3. The client guarantees that the information he has provided is correct, reliable and complete,
without Van der Wal being held for independent control thereof, as well as that it is authorized
to provide the information to Van der Wal. The client indemnifies Van der Wal against any
claims from third parties in this regard.
7.4. For the performance of all its duties that arise from the agreement, Van der Wal has the right
to engage third parties, whereby the client
is also bound by the delivery conditions of the third parties in addition to the general terms and conditions of Van der Wal.
7.5. Insofar as Van der Wal engages third parties in the execution of an assignment, this will
be done as much as possible in consultation with the client and with due observance of care. Van der Wal is
not liable for omissions, errors or shortcomings of these third parties. Van der Wal is authorized
to accept any liability limitations from these third parties on behalf of the Client. Not
only Van der Wal, but also all persons engaged in the execution of any assignment,
including third parties, can appeal to these general terms and conditions with regard to the client.
7.6. The Client is not permitted to transfer the rights and
obligations associated with or arising from the order given to Van der Wal
to third parties.
7.7. The client indemnifies Van der Wal against all claims from third parties associated with or
arising from the assignment given to Van der Wal.
7.8. If a third party, does, to the client, the client of the Client, the employee of
the Client, brings other persons associated with the execution of the assignment,
then the third party himself is liable to the client, customer, employee or other person.
7.9. Van der Wal reserves the right to
temporarily suspend or definitively stop the execution of the assignment or definitively if reasonable
terms are present.
Article 8-Swimming test side entrants
8.1. When the participant starts at Van der Wal after following lessons or a widowed swimming diploma elsewhere,
the Participant must first take a swimming test to determine the level of participant.
8.2. When the participant has started with Van der Wal and will take lessons somewhere else or
obtained a swimming diploma, the new teacher is responsible for independently and independently
determining the level of the participant.
Article 9 - Cancellation, relocation, holidays and catching up
9.1. Van der Wal has the right to cancel a lesson without giving reasons in which case the
client is entitled to a catch -up lesson.
9.2. Client has the right to register for a lesson through the
personal account of the client until 24 hours before the lesson. If the client unsubscribes in time and correctly, the lesson can
be overtaken via a catch -up lesson at a time when there is a place.
9.3. After the expiration of the period mentioned in the previous paragraph, cancellation is no longer possible and
the lesson therefore expires.
9.4. A catch -up lesson can be used for a maximum of 120 days and not deductible with other costs such as, for example
, not only diploma costs.
9.5. If a catch -up lesson is scheduled, it cannot be canceled again. If the participant does not
show up, the right to the catching up will expire.
9.6. If the diploma has been obtained, the right to the remaining catch -up lessons will lapse and no financial
allowance is possible.
9.7. Holidays that have been announced in advance on the personal account of the client will be
deducted from the monthly amount to be paid. If the client paid via a journey card, this
journey card will be extended by the duration of the holiday.
Article 10 - Medical Indication stop
10.1. In a medical situation where the participant cannot participate in the lessons, the first 2 weeks are
at the client's own risk. If the medical situation continues for more than 2 weeks,
indication stop can only be used
on presentation of a medical statement from a (general) doctor or a medical specialist 10.2. The medical statement must be sent by email via info@vanderwalssport.com to Van der Wal
, after which Van der Wal will send a confirmation of receipt.
10.3. The medical indication stop starts from sending the receipt by Van der Wal.
10.4. The medical indication stop has a maximum duration of 1 month. Then the process continues.
10.5. A medical indication stop can be used a maximum of once a year.
Article 11 - Intermediate termination of the Endanger Agreement
11.1. A performance agreement concluded for a certain time cannot be canceled in the interim.
11.2. A fixed-term contract concludes after the period stated in the contract
stated monthly by e-mail.
11.3. A final period not concluded for a certain period of time has been entered into for an indefinite period and can
be terminated
in writing by the end of the current month with due observance of a notice period of 11.4. In the event of any outstanding claims in the personal account of the client, the client is obliged
to pay this before the agreement can be terminated prematurely.
11.5. If the Client decides to terminate the agreement, no claim can be made to the
remaining catch -up lessons in the personal account of the client nor to a financial
allowance for this. These catch -up lessons are thus lost at the time of termination of the agreement
.
11.6. Without prejudice to the Van der Wal stated in these General Terms and Conditions, all rights reserves to
claim full fulfillment of the endurance agreement and/or full compensation.
Article 12 - Force majeure
12.1. In these general terms and conditions, force majeure is understood to mean, in addition to what
is understood in this regard by law and case law, all external causes, foreseen or not foreseen, on which Van
der Wal cannot exert any influence, but as a result of which Van der Wal is unable to fulfill its obligations
. Force majeure is in any case: strike, excessive sickness absence from the staff, outbreak
of an epidemic or pandemic, sudden outbreak of a war somewhere in the world, a (temporary) shortage
external parties engaged
by Van der Wal the disposal of sufficient data or the disposal of
or the.
12.2. Client can under no circumstances rely on force majeure in case of:
a. Payment unemployed on the part of the Client;
b. Changed laws and regulations as well as government regulations and judicial judgments insofar as
they make an impediment on the part of the client whether there
are damage.
12.3. If Van der Wal is unable to fully comply with its obligations as a result of force majeure,
then each of the parties, after written notification of the force majeure by Van der Wal and if the
terminate
the agreement for the non -enforceable 12.4. In this case of force majeure, the client is not entitled to any form of compensation.
12.5. In the event of force majeure, Van der Wal retains the right to pay any possible delivered.
12.6. Van der Wal is competent as soon as the force majeure occurs, all that the client is already due
.
Article 13 - Payment
13.1. Payments to Van der Wal are made, unless otherwise agreed, by providing an authorization
to Van der Wal by providing an authorization.
13.2. Client must issue an authorization by completing the SEPA form. This must
be fully filled and signed legally.
13.3. If the client does not pay by direct debit, payment of invoices from Van der Wal must be
made within 7 (seven) days after the invoice date.
13.4. Van der Wal can send her invoices by post or e-mail.
13.5. If the client does not agree with the amount of the invoice, the Client must
make this known to Van der Wal within 5 (five) days after the invoice date, after the expiry of this period,
the Client is deemed to have approved the invoice.
13.6. Objections at the amount of the invoice do not suspend the payment obligation.
13.7. Client cannot invoke any settlement or suspension.
13.8. Van der Wal may require payment in installments for long -term or large assignments.
13.9. In the event of non-compliance with the agreement, bankruptcy, suspension of payment, under
the curateling of the client or stilling or liquidation of his company and/or if any seizure
to be
in default by operation of law 13.10. In cases as referred to in the previous paragraph, Van der Wal is entitled to
declare the agreement or the non -executed part of it without notice of default or judicial intervention or
to suspend its execution, without prejudice to his right to compensation towards the Client. What
the client owes on the basis of the agreement is immediately due and payable.
Article 14 - Payment obligations and collection
14.1.
report
inaccuracies in provided or stated payment data to Van Van der Wal is never liable for this. 14.2. If the direct debit does not succeed or if the client does not pay within the payment term,
Van der Wal will send a reminder letter with a payment term of seven days.
14.3. If the Client has not paid within the period referred to in the previous paragraph, the Client is
legally in default and Van der Wal has the right
to charge the statutory interest from the due date of the client, up to the day of full payment,
this is without prejudice to the further rights of Van der Wal.
14.4. All judicial and extrajudicial (collection) costs, which Van der Wal must incur as a result of the non -chat by the client of his payment obligation, will be borne by the client. These
costs amount to at least 15 (fifteen) percent of the amount due with a minimum of
€ 150.00. If the client concerns a consumer
, the judicial and extrajudicial (collection) costs that Van der Wal must incur as a result of the non-compliance by the client of his
payment obligation at least 15 (fifteen) percent of the amount due with a minimum of
€ 40.00.
14.5. Any granted or agreed discounts automatically expire in the event of default.
14.6. If the Client is in default with the full payment of a invoiced amount, the mere fact
of not paying in time, without prejudice to the rights of Van der Wal, has, among other things, as a
result that all other claims outstanding by the client will become immediately due and payable.
14.7. From the moment that the client does not (fully) fulfill its payment obligations under the agreement
or is otherwise in default, the client or participant is not (longer)
permitted to participate in the lessons, unless the shortcoming of the client
is in the light of the entire assignment of subordinate significance.
14.8. All costs reasonably incurred, arise as a result of extrajudicial or extrajudicial
collection of the claim are for the account of the client.
14.9. Payments made by the Client always stretch to settle all interest and costs owed in the first place
have been open
the longest at Van der Wal 14.10. In the event of a partial payment, the collection will be continued until the principal sum plus costs and any interest
are paid.
14.11. In the event of a joint assignment, all clients are jointly and severally liable for the
full payment of the invoice amount and other outstanding costs.
Article 15 - Retention law
15.1. The Client and Van der Wal explicitly agree that Van der Wal is authorized to suspend all
goods that Van der Wal has from the Client, until the Client
has fulfilled his obligation.
15.2. The risk of the goods falling under this right of retention remains with the client.
15.3. The client does not come to Van der Wal.
Article 16 - Complaints
16.1. Any or complaints about the activities of Van der Wal must be passed on to Van der Wal after observation of all
claims after observation of all claims. Furthermore,
within 5 (five) days after the Van der Wal observation, the Client must also inform
the complaint in writing of the complaint, with an accurate statement of the nature and the ground of the complaint as well as when and how and
how it was found.
16.2. All costs incurred by Van der Wal in connection with an unfounded complaint must
be reimbursed by the Client to Van der Wal.
16.3. If a complaint is made on time and if the complaint is correct in the opinion of Van der Wal, Van der
Wal will restore the deficits within a reasonable period of time. However, the client remains obliged to
pay the work performed. Complaints do
not suspend the payment obligation of the client.
16.4. If performing the agreed work is no longer possible or useful, Van
der Wal will only be liable within the limits of the provisions of Article 19.
16.5. Every right of claim against Van der Wal expires if:
a.
been notified
to Van der Wal within the stated deadlines and/or not in the manner specified for this purpose b. Client does not/insufficiently cooperate with Van der Wal in this regard to
the merits of the complaints;
c. No possibility of (counter -speaking) expertise is offered to Van der Wal.
Article 17 - Intellectual property
17.1. Unless otherwise agreed, all the rights of intellectual
property including personality rights - including patent law and copyright - will come to Van
der Wal or his licensors. Insofar as such a right can only be obtained by a depot
or registration, Van der Wal is only authorized to do so.
17.2. The Client will not use Van der Wal to the Client presented by Van der Wal to
the Client without written permission and all or partially associated materials
in any way other than agreed.
17.3.
edit, adjust or otherwise detract from the intellectual
property rights of
Van der Wal without written permission from Van der Wal and/or der Wal or its supplier has assigned to the lesson, service and/or other matter.
Article 18 - Confidentiality
18.1. The parties commit themselves to confidentiality regarding all the confidential information that they
receive from and on the other party.
18.2. Information is considered confidential, unless information was not referred to as not confidential by one of the parties
and/or was already public in any way before one of the parties brought out the information.
18.3. The client indemnifies Van der Wal against all damage and/or costs that may result from a violation
of the obligations as referred to in this article.
Article 19 - Liability
19.1. Participation in a lesson is at all times at the risk of the client, Van der Wal is only liable
if and insofar as this results from the law.
19.2. If liability arises for Van der Wal for damage that the client has
suffered by an imputable shortcoming in the fulfillment of the obligations from this Agreement
General Terms and Conditions Van der Wal Sport & Swimming Academy Page 8 of 9
by Van der Wal, this liability is in all cases up to the amount that
will be composed in the case of Van der Wal in the case concerned.
19.3. If the insurer does not pay Van der Wal, Van der Wal's liability is limited to
Maximum the amount that has been invoiced for the service where the damage has resulted in, at least
for that part of the order to which the liability relates and with the exception of the
costs incurred by third parties, of that specific part of the agreement to which the liability
relates. For assignments that have a longer lead time than three months, a
limitation of the liability referred to in this paragraph up to a maximum of the excluding the invoice amount. VAT over the
last three months.
19.4. Damage for which Van der Wal is liable on the basis of the previous paragraph is only
eligible for reimbursement if the Client has tried to limit it to the maximum and
has brought to Van der Wal in writing within 5 (five) days after the damage occurred in writing, unless the Client
can not reasonably have reported this damage earlier.
19.5. Van der Wal is not liable for damage of any kind, which was caused by Van der Wal
assuming incorrect or incomplete information or information provided by or on behalf of the Client.
19.6. Van der Wal is not liable for loss, damage and/or theft of your property and/or physical
injury inflicted by third parties in and around the buildings of the location where Van de Wal teaches.
19.7. Van der Wal is not liable for advice or recommendations given to the client. The
advice, recommendations and information given by Van der Wal are entirely without obligation and are
given without any guarantee.
19.8. Van der Wal is not liable in the event of force majeure as stipulated in Article 12 of these General
Terms and Conditions.
19.9. Any limited
liability scheme included in the agreement or these general terms and conditions does not apply:
a. If there is intent or recklessness on the part of the Client or by this
(managerial) staff engaged; or
b. in the event of a violation of intellectual property rights as
referred to in Article 17 of this Agreement.
Article 20 - Privacy and security personal data
20.1. By entering into an agreement, the Client gives Van der Wal permission
to process his personal data for the implementation of the agreement and the AdministratieVeen Management Tasks of Van der Wal. This personal data is only accessible to Van der Wal and
are in principle not provided to third parties without the permission of the client, unless necessary
for the implementation of the agreement or if Van der Wal
is required or entitled under the law or a court decision.
20.2. Van der Wal explains appropriate technical and organizational measures to
protect the personal data against loss or against any form of unlawful processing. These measures,
taking into account the state of the technology and the costs of the enforcement, ensure an appropriate
level of security in view of the risks that the processing and the nature of data to be protected
entail.
20.3. Van der Wal has published further information regarding the processing of personal data in its
privacy statement, which can always be consulted on its website.
Article 21 - name and social media code
21.1. Van der Wal is entitled to mention or delete her name on or with her lessons or work.
The client is not permitted to public or reproduce the name or work
of Van der Wal without prior written permission in any form.
21.2. If Van der Wal considers this necessary, the Client will make it public and/or to reproduce work
with the copyright symbol with the name Van der Wal and the year of the first
disclosure.
21.3. If the client makes an expression about Van der Wal in or on a publication, website, social media or
other media, the client must comply with the following guidelines of Van der Wal:
General Terms and Conditions Van der Wal Sport & Swimming Academy Page 9 of 9
a. Transparency; Client must clearly state when he expresses whether he
publishes in a personal title or professional title.
b. Respect; If the Client publishes on behalf of or about Van der Wal, he must
have obtained an explicit prior written permission from Van der Wal for this.
c. Responsible; Client must take care of the responsible use of the
information carrier, for example, it should not use tracking software, adware,
malware or spyware.
d. Professional; The client acts from the consciousness that
is retained its role as a client.
e. Security; In case of doubt, the client must consult Van der Wal.
f. Conscience; The client must be aware that expressions
will remain findable for an indefinite period of time and for a large audience.
Article 22-Communication via e-mail and social media
22.1. The client agrees that, in the context of the execution of the assignment, it
is also communicated by e-mail and social media.
22.2. The client is known that, as a result of the limited protection of data via the internet,
the confidentiality of information sent via e-mail cannot be guaranteed.
Article 23 - Knowledge of General Terms and Conditions
23.1. These general terms and conditions apply from a November two thousand twenty -two
(01/11/2022) and are available for inspection at Van der Wal.
23.2. These General Terms and Conditions are sent to the Client with the quotation and/or
handed to them, or - if this is not reasonably possible -
sent free of charge to the Client on his first request.
23.3. These general terms and conditions can also be consulted via the Van der Wal website
www.vanderwalssport.com .
Article 24 - Applicable law
24.1. Dutch law applies to the legal relationship between Van der Wal and the client.
24.2. In the event of a dispute, this dispute will be submitted to the competent court in the district
of The Hague Location Location unless mandatory competence rules prevent this.
24.3. The parties can agree on a different form of dispute resolution such as arbitration or mediation
, which will never limit the client's right to request a legal decision
.
