General Terms and Conditions Health and Performance Center B.V.
Article 1 – Definitions
1.1 Health and Performance Center B.V., registered with the Chamber of Commerce under number: 99873257, as well as personnel working for Health and Performance Center B.V., also referred to as the contractor;
1.2 Client: person to whom Health and Performance Center B.V. provides training, coaching, or other activities, or his or her legal representative(s);
1.3 Agreement: the contract for services between Health and Performance Center B.V. and the client, of which these general terms and conditions form an integral part; 1.4 Services: the services provided by Health and Performance Center B.V. to the client, such as participation in and supervision of various group or private activities and other forms of training.
Article 2 – General
2.1 These general terms and conditions apply to all services provided by Health and Performance Center B.V. as soon as the client has agreed to the contract for services. In the case of successive contracts for services, these general terms and conditions are deemed to be known.
2.2 The general terms and conditions can be found at www.hpcleiden.nl.
2.3 Upon conclusion of the agreement, these general terms and conditions will be provided. By signing the agreement, the client agrees to the provisions of the general terms and conditions, which apply in full in addition to the agreement.
2.4 Health and Performance Center B.V. is authorized to amend these general terms and conditions at any time. The amended terms and conditions will apply immediately. The latest version of the general terms and conditions will always be published on the website of Health and Performance Center B.V. www.hpcleiden.nl.
2.5 Deviations from the general terms and conditions are only possible by mutual agreement. This will be confirmed to the client in writing.
2.6 Health and Performance Center B.V. reserves the right to change rates, opening hours, schedules, facilities, terms and conditions, house rules, and other matters.
Article 3 – Cancellation of appointments
3.1 If the client is unable to participate in the services provided by Health and Performance Center B.V. for any reason, this must be reported as soon as possible. Appointments must be canceled in writing at least 48 hours in advance. If an appointment is not canceled in time, Health and Performance Center B.V. is entitled to charge the client for the costs of the appointment, in full or in part.
3.2 If Health and Performance Center B.V. is unable to perform the services due to any circumstances whatsoever, the activities will in principle be postponed by one week. A different date may be set in consultation with the client.
3.3 Health and Performance Center B.V. is in no way liable for any form of compensation for canceling an activity.
3.4 If there is insufficient interest in group activities, Health and Performance Center B.V. reserves the right to cancel an activity. A new date will be set in consultation with the client.
3.5 In the event of an excess of registrations for group activities, Health and Performance Center B.V. is authorized to divide participants into separate groups and to make appointments on other dates. Health and Performance Center B.V. will take the wishes of the client(s) into account as much as possible.
3.6 Activities will continue as usual on generally recognized public holidays, unless Health and
Performance Center Leiden indicates otherwise.
Article 4 – Force Majeure
4.1 Force majeure is understood in the legal sense to mean a non-attributable failure. This applies to circumstances beyond the contractor's control, and furthermore to any unforeseen circumstances on the part of the contractor that make it unreasonable to demand compliance with the agreement.
4.2 Force majeure situations include: technical malfunctions, exceptional weather conditions, illness of the contractor and auxiliary persons, war, threat of war, riots, strikes, fire, water damage, acts of war, flooding, and restrictive government measures. This list is not exhaustive.
4.3 If Health and Performance Center B.V. is unable to continue providing its services for an extended period of time due to force majeure, it will first seek a replacement. If this is not reasonably possible, Health and Performance Center B.V. will not be obliged to fulfill the agreement, and the agreement will be terminated. Any travel cards/costs already paid will be refunded.
4.4 The contractor has the authority to suspend performance of the agreement for the duration of the impediment.
4.5 In the event of dangerous weather conditions, including thunderstorms, storms, extreme heat, snow, or black ice, an (outdoor) activity may be canceled.
4.6 If the client decides to extend the subscription period for a certain period of time due to illness or other unforeseen circumstances, without any membership fees being due for that extended subscription period. Health and Performance Center B.V. may request a medical certificate for this purpose. The decision of Health and Performance Center B.V. is decisive in determining whether or not to apply the leniency policy and in what manner.
Article 5 – Rates and payment
5.1 The current rates are listed on the website of Health and Performance Center B.V. The amounts listed on the website and in quotations are inclusive of VAT.
5.2 Payment of the invoice must be made without suspension or set-off within 7 days of the invoice date, unless the client has a legal right to suspension/set-off.
5.3 All judicial and extrajudicial costs related to the collection of
invoices shall be borne by the client.
5.4 If timely payment is not received, Health and Performance Center B.V. is always entitled to suspend the services, or to terminate the agreement, or to charge administrative costs of €25 after the first payment reminder, without being liable for damages to the client.
5.5 The client is jointly and severally liable for the payment obligation under the agreement with Health and Performance Center B.V., even in cases where the tuition fees are paid by a third party.
5.6 Ride cards and subscriptions are subject to certain conditions and have a limited period of validity. A 10-trip ticket requires training at least once a week for a maximum of 12 consecutive weeks. A 20-trip ticket requires training at least once a week for a maximum of 24 consecutive weeks. A 12-week, twice-weekly subscription requires training at least twice a week for a maximum of 14 consecutive weeks. A 24-week subscription for twice a week requires a minimum of twice-weekly training for a maximum of 28 consecutive weeks. The client is responsible for the pass or subscription period and for catching up on training sessions within the set period of the chosen subscription type.
5.7 The client must indicate whether he/she wishes to renew at least 2 weeks prior to the expiry of a travel card or subscription period. If no written notice of termination of services is received by email 2 weeks prior to the end of the period, a new period will automatically commence. Termination of membership outside the 2-week period will be charged.
Article 6 – Liability
6.1 Every assignment accepted by Health and Performance Center B.V. is subject to a best-efforts obligation. Health and Performance Center B.V. can never be held liable for results that are not achieved.
6.2 Health and Performance Center B.V. is only liable for shortcomings in the performance of the services that are the result of carelessness and incompetence in providing advice and performing the services.
6.3 Health and Performance Center B.V. is not liable for any (direct or indirect) damage incurred by or at the client's premises as a result of and/or during the use of goods and/or services provided by Health and Performance Center Leiden.
6.4 Health and Performance Center B.V. is not liable if, during a training session or other activity, for whatever reason, the client and/or their belongings are lost or otherwise damaged in any way.
6.5 Health and Performance Center B.V. is not liable if the client suffers damage in any other way and this damage is due to failure to follow verbal or written instructions, or to the physical or mental condition of the client.
6.6 Health and Performance Center B.V. is not liable if the client suffers damage in any way and this is due to the intake form not being completed, not being completed in full, or being completed incorrectly.
6.7 Health and Performance Center B.V. shall only be liable in the aforementioned cases in the event of gross negligence or deliberate recklessness on the part of Health and Performance Center Leiden.
6.8 Any liability on the part of Health and Performance Center B.V. for damage resulting from or related to an attributable shortcoming or unlawful act, or based on any other legal ground, is limited to the amount paid out by the business liability insurer of Health and Performance Center Leiden in this regard, plus the deductible under that insurance policy.
6.9 Health and Performance Center B.V. is not liable for damage resulting from incorrect and/or incomplete information provided by or on behalf of the client.
6.10 If, for any reason whatsoever, no payment is made under the insurance, any liability shall be limited to a maximum of the amount charged by Health and Performance Center B.V., with a maximum of six months.
6.11 Health and Performance Center B.V. accepts no liability for stolen goods or damage.
6.12 Health and Performance Center B.V. accepts no liability for damage or consequential damage resulting from the loss or theft of clothing, valuables, vehicles, or other property at Health and Performance Center Leiden.
6.13 For safety reasons, children and pets are not allowed in the training area of Health and Performance Center B.V.
Article 7 – Confidentiality
7.1 Health and Performance Center B.V. is obliged to maintain confidentiality regarding all confidential information obtained from each other or from other sources in the context of the assignment. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information.
7.2 If Health and Performance Center B.V. is required by law or court order to disclose confidential information to a third party designated by law or court, and Health and Performance Center Leiden cannot invoke a legal or judicially recognized or permitted right of non-disclosure in this regard, Health and Performance Center Leiden will not be liable for any compensation or indemnification to the client, and the client will not be entitled to terminate the agreement on the basis of any damage resulting from this.
Article 8 – Applicable law and disputes
8.1 The agreement between Health and Performance Center B.V. and the client, as well as these general terms and conditions, are governed exclusively by Dutch law, even if a party involved in the agreement is located outside the Netherlands.
8.2 If the parties have a dispute arising from the agreement, they will attempt to reach a solution through consultation.
8.3 If consultation does not lead to a solution, the parties may submit the dispute to the competent court in Amsterdam, unless the law prescribes otherwise.
8.4 If any provision of these general terms and conditions is void or voided, the other provisions will remain in full force. The contractor will then consult with the client to agree on a new provision that takes into account as much as possible the purpose and meaning of the void or voided provision.
