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Terms and conditions

PAYMENT

 

The order confirmation is a formal written confirmation of what has been confirmed verbally or by post and/or e-mail by the client. Failure to sign and/or return the booking confirmation does not indemnify the oral/written agreement entered into. After confirmation, our administration will send you an invoice based on the agreed (minimum) number of participants. The invoice is sent by Braintality B.V. and must be transferred no later than 2 weeks before the start of the event, or by return if the date is within 2 weeks, to the bank account number stated on the invoice, stating: the invoice number. An invoice will be sent after the event for the remainder, minus any discounts or increased by additional costs, which must be paid immediately.

DAMAGE

 

Costs arising from damage and/or destruction caused by participants will, to the extent not recoverable from the perpetrator(s) themselves, be paid by the client.

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All participants are expected to have taken out adequate travel and/or accident insurance before the start of the activity. If BRAINTALITY is to provide this, it must be expressly requested in writing.

CANCELLATION

 

Up to 10 weeks before the start of the activity we (BRAINTALITY) charge 15% of the total amount, up to 6 weeks before the start of the activity 25%, up to 4 weeks before the start of the activity we charge 50% and up to 2 weeks before the start of the activity we charge 75% account. We will charge the full total amount within two weeks before the start of the activity. Cancellation must always be made personally with confirmation by e-mail at mail@braintality.nl.

 

In the event of the rescheduling of an activity already planned in the agenda, we (BRAINTALITY) apply the cancellation conditions as mentioned above.

FITNESS FOR PARTICIPATION

 

All participants must be fully aware that participation in the activities of BRAINTALITY may require great effort. All participants must be physically and mentally healthy and able to cope with the physical and mental efforts resulting from the activities organized by BRAINTALITY. BRAINTALITY cannot be held responsible for damages suffered by persons and/or property as a result of participation in activities organized by it. 

Article 1 DEFINITIONS

In these terms and conditions, the terms below shall have the following meanings:

BRAINTALITY: BV (BRAINTALITY).

Client: the person who has given the assignment to BRAINTALITY.

Assignment: the organization of an activity.

Agreement: the agreement between the Client and BRAINTALITY. Supplier: the person, not being the Client, who provides goods, services or other performances worth money to BRAINTALITY.

Participant: anyone who participates in the activity. Other party: both Client, Participant and Supplier. These terms and conditions: the general terms and conditions of BRAINTALITY.

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Article 2 TERMS OF OPERATION

  1. These terms and conditions apply to all offers, order confirmations and agreements, unless expressly agreed otherwise in writing between the Parties..

  2. The general terms and conditions of the Other Party do not apply and are expressly rejected.

  3. BRAINTALITY shall only be bound by orders, agreements or amendments thereto and/or supplements thereto after BRAINTALITY has expressly agreed to them in writing.

    1. If any provision in these Conditions (and/or any further agreed different/additional clause) proves to be void or is annulled, this shall not affect the validity of the remaining provisions (and any further agreed clause). In that case, a provision will be substituted for the void or nullified provision in these Conditions that corresponds as closely as possible to the intention of the Parties.

    2. The client shall ensure and warrant that all participants are familiar with and agree to these Conditions..

 

Article 3 OFFERS

  1. All quotations, offers, etc. are entirely without obligation, unless expressly agreed otherwise in writing between the Parties.

  2. Orders of a repetitive nature bind us only for the time frame determined by us in writing. If no time frame has been determined, then each Order shall be considered a one-time order.

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Article 4 AMENDMENTS OF TERMS AND CONDITIONS

  1. Only the person(s) authorized to represent BRAINTALITY is (are) authorized to include provisions in the Agreement which deviate from these Conditions.

  2. The person acting on behalf of the Participant or Client is assumed to be authorized to do so by the Participant or Client.

 

Article 5 CHANGES IN THE ORDER

  1. Changes to the original Assignment of whatever nature, made by or on behalf of the Client or the Participant

- either in writing or otherwise - that result in costs not included in the Assignment by BRAINTALITY will be charged to the Client/Participant.

  1. If, after issuing the Assignment, the Client still requires changes in the execution of the Agreement, these changes must be notified in writing to BRAINTALITY no later than 28 days before the start of the activity. If the changes are given verbally or by telephone, the risk for the implementation of the change will always be borne by the Client.

  2. Without prejudice to the provisions of paragraphs 1 and 2 of this provision, changes shall only apply if and insofar as they have been expressly accepted by BRAINTALITY in writing.

 

Article 6 PRICE AND PAYMENT

  1. The prices quoted by us are exclusive of VAT, unless expressly agreed otherwise in writing between the Parties. For bus transportation and hotel accommodation, the travel agency regulations apply.

  2. The price in publications is in principle per person, unless expressly stated otherwise. This price includes only the services and facilities described in the publication.

  3. BRAINTALITY is entitled to require a deposit from the Client before, at or during the start of the activity. The deposit will be returned to the Client after the end of the activity, subject to deduction of all that the Client owes BRAINTALITY under the Agreement.

  4. The Client is obliged to pay the agreed price no later than 3 weeks before the start of the event, unless expressly agreed otherwise in writing between the Parties. This term is a deadline.

  5. From the date on which payment should have been made by the Client until the date of settlement, the Client shall owe interest of 1% per month, whereby part of a month counts as a whole month, without any reminder or notice of default being required, without prejudice to BRAINTALITY's right to recover the actual costs and damages from the Client.

  6. All collection costs shall be borne by the Client, with the extrajudicial collection costs being set at 15% of the principal amount, with a minimum of €150.

Article 7 COMPLAINTS

  1. Complaints regarding an activity should be submitted in writing within 8 days after the end of the activity.

  2. Complaints submitted after the period mentioned in article 7.1 will not be considered by BRAINTALITY.

  3. The submission of complaints does not relieve the Client of its payment obligation.

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Article 8 INFORMATION AND TRAVEL BENEFITS

BRAINTALITY is not liable if the Participant cannot participate in (parts of) the activity due to the lack of a required document. All consequences of this are entirely the responsibility and risk of the Participant.

 

Article 9 COPYRIGHT, INDUSTRIAL PROPERTY RIGHTS

  1. The copyright and other industrial or intellectual property rights of activities conceived or created by BRAINTALITY rest solely and exclusively with BRAINTALITY.

  2. If the Client has an activity conceived or designed by BRAINTALITY and subsequently fails to place an order on such idea or design, the associated costs will be charged to the Client after 30 days, without thereby transferring the rights to the idea or design to the Client.

 

Article 10 OBLIGATIONS OF PROVIDER AND PARTICIPANT

  1. The Principal is obliged to inform BRAINTALITY or a representative of BRAINTALITY of all personal circumstances of himself and/or those on whose behalf he enters into the Agreement, in so far as these may affect the proper conduct of the activity, at the time the Agreement is concluded. This obligation applies in particular to all relevant medical and conditional particulars. Each Participant in activities in or on the water, must hold a recognized swimming certificate or have disclosed the lack thereof to BRAINTALITY in advance.

  2. All Participants are expected to have taken out adequate travel and/or accident insurance coverage before the start of the activity themselves or through the Principal. If BRAINTALITY is required to provide this, it must be expressly requested in writing.

  3. The Participant is obliged to comply with all instructions given by BRAINTALITY or its representative to promote the proper performance of the Agreement. The Participant who causes such a nuisance or nuisance that as a result the performance of the activity is or may be greatly hindered, who endangers the safety of himself or others or who deals with nature and the environment in an irresponsible manner, may be excluded from (further) participation in the activity by BRAINTALITY or its representative without any warning. All resulting costs shall be borne by the Participant or the Client.

  4. The Participant is obliged to use the material provided in a manner for which it is intended by its nature. The Participant may not modify the material or give it to third parties for use without the express written permission of BRAINTALITY. The Participant shall notify BRAINTALITY of any damage or loss of materials as soon as possible but no later than the end of the activity. The Participant shall transfer the materials provided - in the same condition in which the Participant received them - to BRAINTALITY at the end of the activity at the pre-arranged place. Any costs for pre-cleaning, replacement etc. shall be borne by the Client or Participant.

  5. BRAINTALITY reserves the right to use photographic or other recordings made during the activities for promotional purposes. Objections to this must be made in writing prior to the activity.

  6. If the Participant is under 18 years of age and not accompanied by an adult, the Participant must provide BRAINTALITY with a statement of no objection from his/her legal representative(s), or the legal representative(s) must sign the registration form..

  7. The Participant is and remains responsible for being in sufficient condition to practice the activity, as well as participating responsibly in the activity.

 

Article 11 LIABILITY BRAINTALITY

  1. Participation in the activity is at the expense and risk of the Client/Participant. BRAINTALITY is not liable for any form of damage - including indirect damage, consequential damage and trading loss - suffered by the Principal/ Participant as a result of accidents during the activity, except in case of intent or gross negligence on the part of BRAINTALITY.

  2. BRAINTALITY is liable for damages resulting from a material defect in the facilities it provides only if the defect can be attributed to BRAINTALITY

  3. BRAINTALITY shall not be liable for damages resulting from circumstances attributable to the Client/Participant.

The exclusions and/or limitations of BRAINTALITY's liability contained in this provision apply

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  • also on behalf of its employees and other representatives of BRAINTALITY, as service provider.

  • The liability of BRAINTALITY is in all cases - except in cases of intent or gross negligence - limited to the amount to which the liability insurance taken out by BRAINTALITY gives claim and to the extent that the liability insurance pays out.

 

Article 12 LIABILITY CLIENT/ PARTICIPANT

  • The Principal/Participant is liable to BRAINTALITY for damages or any other harm caused by the acts or omissions of himself, or third parties "admitted" by him.

  • At the first request of BRAINTALITY, the Client or the

  • Participant shall indemnify BRAINTALITY against liability claims by a third party against BRAINTALITY.

 

Article 13 CANCELLATION BY THE PROVIDER

  • The Client may cancel the Agreement in writing only.

  • Upon cancellation, the Client shall owe BRAINTALITY the following.

  • Up to 10 weeks before the start of the activity 15% of the total amount including VAT.

  • Up to 6 weeks before the start of the activity 25% of the total amount incl. VAT.

  • Up to 4 weeks before the start of the activity 50% of the total amount incl. VAT.

  • Up to 2 weeks before the start of the activity 75% of the total amount incl. VAT

  • If cancelled after this period, no refunds will be possible and the Client will owe the total amount. No interest will be paid on amounts paid in advance.

  • If the Client takes out cancellation insurance with BRAINTALITY the Client insures himself for valid reasons for cancellation caused by uncertain events.

  • In case of cancellation, the Client is and remains liable for the policy costs and premium for the cancellation insurance, if and insofar as he has taken out such insurance through BRAINTALITY.

 

Article 14 TERMINATION OF AGREEMENT BY BRAINTALITY

  • BRAINTALITY has the right to cancel the Agreement 14 days before the start of the activity, if the number of registrations is less than the minimum number of participants published in advance. BRAINTALITY will return the amount paid by the Client to BRAINTALITY.

  • BRAINTALITY is at all times entitled to immediately terminate the Agreement with immediate effect, in case of shortcomings in the performance of the Agreement by the Client or Participant, such as improper use of the materials provided or failure to follow instructions from BRAINTALITY. In such case, BRAINTALITY is entitled to full compensation of all costs and damages that BRAINTALITY suffers and/or will suffer as a result;

  • The Client is declared bankrupt, has applied for a (provisional)
    has applied for a moratorium, is subject to the Debt Rescheduling for Natural Persons Act, has shut down or liquidated its business, a substantial part of its assets is attached or transfers its business to a third party. Termination may be effected by a verbal declaration, followed by a written confirmation of this declaration.

  • Amounts that BRAINTALITY has invoiced before the termination or amounts that BRAINTALITY will invoice after the termination in connection with what it had already performed or delivered in execution of the Agreement prior to such termination, will therefore remain due in full and become immediately payable at the time of termination.

 

Article 15 APPLICABLE LAW AND DISPUTES

  • Op alle rechtsbetrekkingen tussen Dutch law applies exclusively to all legal relationships between BRAINTALITY and the Client/Participant/Supplier.

  • The competent court of the District Court of Amsterdam is competent to take cognizance of all disputes between BRAINTALITY and the Client/ Participant/ Supplier.

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