General conditions
Version December 2024
Article 1: Definitions
Petra Wildoer: The contractor offering services in the field of training, coaching, and related activities, located at Willemstraat 63, 2514 HK, The Hague, registered under Chamber of Commerce number 93820267.
Client: The party (individual or organization) entering into an agreement with Petra Wildoer.
Participant: The individual participating in a Service provided by Petra Wildoer on behalf of the Client.
Service(s): All services to be provided or already provided (including teaching materials) in the field of training, coaching, and directly related activities.
Agreement: Any agreement between Petra Wildoer and the Client.
Article 2: Applicability of these Terms
2.1. These general terms and conditions apply to all agreements under which Petra Wildoer offers or delivers services.
2.2. Deviations from these terms and conditions are only valid if expressly agreed upon in writing by both parties.
2.3. Any purchase or other general terms and conditions of the Client do not apply unless explicitly accepted in writing by Petra Wildoer.
2.4. If one or more provisions of these terms and conditions become invalid, the remaining provisions shall remain fully in effect. The Client and Petra Wildoer will consult to replace the invalid provision with a new one.
Article 3: Quotations and Formation of the Agreement
3.1. All quotations issued by Petra Wildoer are non-binding and valid for 30 days, unless otherwise specified. Petra Wildoer is only bound by a quotation if the Client confirms acceptance of it within the stated validity period without reservation or amendment.
3.2. The prices stated in quotations are exclusive of VAT, unless explicitly stated otherwise.
3.3. The Agreement is formed upon the explicit acceptance of the quotation by the Client (this may occur in writing through signature, via email, or by accepting these terms and conditions when registering via the website).
Article 4: Execution of the Agreement
4.1. By entering into an Agreement, Petra Wildoer commits to a best-effort obligation. Petra Wildoer will fulfill her obligations to the best of her ability and with due care.
4.2. Petra Wildoer reserves the right to subcontract (parts of) the Agreement to third parties. These third parties are selected with care.
4.3. Any deadlines mentioned by Petra Wildoer or agreed upon with the Client are target dates and are not binding for Petra Wildoer.
Article 5: Confidentiality and Privacy
5.1. Petra Wildoer, her employees, and/or third parties engaged by her will treat all information provided by the Client as confidential.
5.2. Conversations between Petra Wildoer and the Participant are considered strictly confidential. Information is deemed confidential if indicated as such by the Client or if it naturally follows from the nature of the information. Petra Wildoer ensures that this obligation is imposed on any employees or third parties involved in a Service. Petra Wildoer will not disclose the content or progress of these conversations to anyone, including the Client, unless the Participant has given written permission.
5.3. During and after the Agreement(s) with the Client, Petra Wildoer will keep all data and knowledge provided by the Client confidential and handle them with care, except in cases where disclosure is required by law or a competent authority.
5.4. Petra Wildoer processes the personal data provided by the Client in accordance with applicable laws and regulations. The Client is responsible for informing the individuals whose personal data is provided about the processing of their data by Petra Wildoer.
Article 6: Intellectual Property
6.1. Any copyrights, trademarks, design rights, trade names, or other intellectual property rights on products and Services delivered by Petra Wildoer are and remain the property of Petra Wildoer. The Client only obtains a non-exclusive, non-transferable right of use to the extent necessary for the execution of the Agreement.
6.2. The Client and/or Participants may not edit, reproduce, process, publish, or make available to third parties any materials protected by intellectual property rights without the explicit written consent of Petra Wildoer.
6.3. Petra Wildoer is entitled to use knowledge acquired through the execution of work for other purposes, provided no confidential information is disclosed to third parties and it cannot be traced back to individual Clients or Participants.
Article 7: Prices and Costs
7.1. All prices mentioned by Petra Wildoer are in euros and exclude VAT. Arrangement and accommodation costs are included in the price unless explicitly stated otherwise. When the Client provides the location for the service, a travel expense reimbursement will be charged in accordance with the applicable standard at that time.
7.2. Petra Wildoer reserves the right to increase the prices of Services without providing reasons. This also applies to annual, regular price adjustments. However, within an existing Agreement and/or after a Participant has registered for a Service, the rate published at that time applies.
Article 8: Payment
8.1. Petra Wildoer invoices after the Agreement has been concluded.
8.2. The Client shall pay amounts owed to Petra Wildoer without deduction, set-off, or suspension within 30 days of the invoice date in the manner described on the invoice from Petra Wildoer.
8.3. If the Client has not paid in full within the stipulated period, the Client is in default and, from that date, owes Petra Wildoer a late payment interest equal to the statutory interest on the due amount.
8.4. Payments made by the Client are always applied to satisfy, firstly, all interest and costs owed, and secondly, the payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later/different invoice.
8.5. If Petra Wildoer takes collection measures against a Client who remains in default, the costs associated with this will be borne by the Client, with a minimum of 10% of the outstanding invoices. These costs include expenses for any collection agencies, bailiffs, and/or lawyers engaged.
8.6. Payment in installments is only possible if this has been agreed upon in writing between Petra Wildoer and the Client.
8.7. Under no circumstances is the Client entitled to unilaterally suspend its payment obligations.
Article 9: Liability
9.1. Petra Wildoer is only liable to the Client and/or Participant for direct damage resulting from a serious attributable shortcoming in the performance of the Agreement. This shortcoming concerns the failure to observe the care, expertise, and professionalism that the relevant parties may reasonably expect, subject to the limitations stated below.
9.2. The extent of Petra Wildoer's liability for direct material and/or personal injury is, per claim, always limited to the amount actually paid to Petra Wildoer by her insurer.
9.3. Petra Wildoer is not liable for indirect and/or consequential damages (such as, but not limited to, fines, lost turnover and/or profit, reputational damage, and immaterial damage).
9.4. Petra Wildoer is not liable for any damage whatsoever if Petra Wildoer has based its performance of the Agreement on incorrect and/or incomplete data provided by the Client and/or Participant unless this inaccuracy or incompleteness was or should have been evidently clear to Petra Wildoer.
9.5. Petra Wildoer accepts no liability in the event of participation in any part of a Service involving a physical activity resulting in damage.
9.6. If the Client does not personally participate in a Service, the Client guarantees that the Participant(s) have accepted the above-mentioned limitations of liability.
9.7. Rights to claims expire 1 year after the Service has been provided by Petra Wildoer.
9.8. If the Client and/or Participant opts for an additional arrangement through the accommodation, the general terms and conditions of the accommodation apply. Petra Wildoer accepts no liability in this regard.
Article 10: Changes and Cancellation by Petra Wildoer
10.1. Petra Wildoer is entitled to relocate a Service to a different location, date, or time without providing reasons. If this occurs within one month before the start of the Service, the Client has the right to cancel at no cost within five days of the change. The Client is then entitled to a full refund.
10.2. Petra Wildoer is entitled to cancel a Service without providing reasons. If this occurs within one month before the start of the Service, the Client is entitled to a full refund.
Article 11: Cancellation by the Client
11.1. A Service can only be canceled in writing and before it begins. The following rules apply to cancellations:
a) Cancellation more than four weeks before the start is free of charge.
b) Cancellation within four weeks before the start requires the Client or Participant to pay 50% of the price.
c) Cancellation within two weeks before the start requires the Client or Participant to pay 100% of the price.
11.2. A participant may be replaced free of charge, provided this is communicated in writing at least one week before the start of the Service. Should this replacement subsequently cancel or fail to appear, Petra Wildoer will charge the Client 100% of the price.
11.3. Non-attendance at training is equivalent to canceling training.
11.4. The cancellation of arrangement or accommodation costs is subject to the general terms and conditions of the respective location.
11.5. Rescheduling to a different start date is possible up to 14 days before the start, with Petra Wildoer reserving the right to charge €100 for the rescheduling costs.
Article 12: Termination of the Agreement
12.1. Petra Wildoer is entitled to suspend or terminate the Agreement with immediate effect and without judicial intervention by means of written notification to the Client if the payment obligation described in Article 8 is not met.
12.2. Both the Client and Petra Wildoer may terminate the Agreement with immediate effect in writing if the other party is granted a suspension of payment or declared bankrupt.
12.3. If the Client terminates the Agreement midway through the Service, there is no right to a refund of any amount paid or still owed by the Client to Petra Wildoer. Any claims by Petra Wildoer against the Client become immediately due and payable.
Article 13: Complaints and Applicable Law
13.1. Dutch law applies to every Agreement.
13.2. If Petra Wildoer and the Client (and/or Participant) have a dispute arising from this Agreement, they will first attempt to resolve it through consultation. If this fails, mediation will be used. A mediator will be jointly appointed by mutual agreement. Both parties will share the mediator's costs equally.
13.3. Complaints about the services provided must be reported in writing to Petra Wildoer within eight days of discovering the issue, but no later than one month after the Agreement's completion.
13.4. If consultation and/or mediation does not resolve the dispute, the competent court in The Hague has exclusive jurisdiction to hear the dispute.