GENERAL TERMS AND CONDITIONS OF EXTREMOS SALSA
ARTICLE 1. | DEFINITIONS
The following terms – including those conjugated in the plural or singular – are defined as follows in these general terms and conditions, unless the nature or purport of the provisions below dictate otherwise.
- Extremos Salsa: the user of these general terms and conditions, established at Nieuwezijds Voorburgwal 78 M, 1012 SE in Amsterdam, registered with the Trade Register under Chamber of Commerce number 57531633.
- Other party: the party with whom Extremos Salsa has concluded or intends to conclude an agreement.
- Agreement: all agreements concluded between Extremos Salsa and the other party whereby Extremos Salsa undertakes in respect of the other party to teach dance classes and perform any workshops on the basis of a multi-ticket card or a subscription.
- Punch card: a virtual card ordered by the other party, which entitles the other party to participate in a certain number of classes. 5. Subscription: an agreement concluded between the parties, which entitles the other party to take classes during a certain period, other than on the basis of a multi-ticket card.
- Class: each individual dance class or workshop provided by Extremos Salsa to the other party on a specific day and at a specific time. 7. Website: Extremos Salsa’s company page, with login details for the other party to gain access via www.extremos.nl, on which multi-ticket cards and subscriptions can be ordered or taken out and which enables the other party to sign up for classes. Multi-ticket cards can also be ordered and subscriptions can also be taken out at the location of Extremos Salsa.
- In writing: both traditional written communication and digital communication stored on a durable data carrier, such as e-mail communication.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to all offers from Extremos Salsa and all agreements that are concluded.
- The provisions of these general terms and conditions can only be deviated from in writing. If and to the extent the provisions explicitly agreed in writing between the parties deviate from the provisions of these general terms and conditions, the provisions explicitly agreed in writing between the parties shall be applicable.
- Annulment or invalidity of one or more of the provisions of these general terms and conditions does not affect the validity of the other clauses. In such case, the parties are obliged to consult with each other in order to make arrangements for replacement of the affected clause, which must as much as possible be in keeping with the aim and purport of the original provision.
ARTICLE 3. | OFFER AND ESTABLISHMENT OF THE AGREEMENT
- Multi-ticket cards and subscriptions can be purchased or concluded on the website or at the location of Extremos Salsa. All offers for a multi-ticket card and subscription are without obligation. Extremos Salsa is never obliged to enter into an agreement with the other party.
- The other party guarantees to provide to Extremos Salsa all data requested by Extremos Salsa with respect to the registration in full and truthfully. The agreement will have been concluded once the registration of the other party has been expressly confirmed by Extremos Salsa.
- If the other party concludes the agreement on behalf of another natural person, the other party declares to be authorised to do so by entering into the agreement. In addition to this (legal) person, the other party is severally liable for all obligations arising from such agreement.
ARTICLE 5. | DURATION AND CONTENTS OF AGREEMENTS Subscriptions
- A subscription is entered into for a three, six or twelve-month’ period. The term of the subscription is explicitly agreed.
- The subscription will be tacitly renewed for an indefinite period of time after the agreed fixed term has expired, unless the subscription has been cancelled in accordance with the provisions of the following paragraph.
- The subscription ends by written cancellation, yet not before the agreed term has expired. The subscription ends 30 days after the cancelation request has been received..
- Based on the subscription, the other party is entitled to participate in all classes offered in the regular weekly class schedule, as well as workshops outside the regular schedule. Extremos Salsa indicates when the other party can register for such workshops.
- A Punch card is a card entitling to ten, twenty or thirty classes. A 10-ticket card is valid for three months after the agreed commencement date, which is no later than the day of the first class taken by the other party on the basis of the multi-ticket card. The validity of the multi-ticket card furthermore expires in case the other party has signed up for the maximum number of 10 classes within the validity period of three months. A 20-ticket card is valid for six months after the agreed
commencement date, which is no later than the day of the first class taken by the other party on the basis of the multi-ticket card. The validity of the multi-ticket card furthermore expires if the other party has signed up for the maximum number of 20 classes within the validity period of six months. A 30-multi-ticket card is valid for 12 months after the agreed commencement date, which is no later than the day of the first class
taken by the other party on the basis of the multi-ticket card. The validity of the multi-ticket card furthermore expires in case the other party has signed up for the maximum number of 30 classes within the validity period of twelve months.
ARTICLE 6. | SIGNING UP FOR AND CANCELLING CLASSES
- Both in the case of subscriptions and multi-ticket cards, the other party can only sign up for classes at the other party’s level or at a lower level. The other party’s level is determined by Extremos Salsa as discussed between the parties and/or determined by Extremos Salsa. The definite determination of the other party’s level by Extremos Salsa is not open to discussion. Over time, the other party’s level can be adjusted by Extremos Salsa, whether or not at the request of the other party.
- Classes must be signed up for and cancelled through Extremos Salsa’s mobile application or on the website. Classes can be signed up for no later than by 4 pm on the day of the class in question. Cancellation for classes takes place similarly and no later than one hour before the start of the class in question.
- Classes can be signed up for as long as sufficient places are available. If a class is fully booked, the other party can ask to be placed on a waiting list. In case of a cancellation by a participant, the participant longest on the waiting list will be signed up for the class.
- In case an available place in a class is not timely signed up for, the other party’s participation in that class cannot be guaranteed. If the other party is assigned to a class on the basis of the waiting list, the other party is entitled to participate in that class and the conditions for cancellation as referred to in the other provisions of this article apply mutatis mutandis.
- In the event that the other party with a multi-ticket card does not cancel in time for a class, the class will be removed from the multi ticket card, without the other party being entitled to make up for that class at a later time, or to any other (financial) compensation.
ARTICLE 7. | HEALTH
The other party declares to be in good health to the best of his knowledge and is physically able to participate in the classes and to follow the teacher’s instructions without harming his health. The other party guarantees that he is in a good physical and mental condition, that he is not aware of any medical or other reason why he should not be able to attend classes and that the classes are not harmful to his health, safety, well-being or physical condition. Participation in classes is at all times at the other party’s own risk.
ARTICLE 8. | GENERAL PROVISIONS FOR CLASSES
- Extremos Salsa performs every class to the best of its knowledge and ability. Extremos Salsa, however, only undertakes to make an effort commitment. Extremos Salsa does not in any way guarantee the results that the other party intends to achieve by taking classes.
- The rights from the agreement accruing to the other party are strictly personal and cannot be transferred by the other party to third parties. 3. Classes are conducted at a location designated by Extremos Salsa. 4. The other party undertakes to follow the teacher’s instructions during the classes.
- The other party will observe the provisions in these terms and conditions and any internal rules of the class location.
ARTICLE 9. | CANCELLATION AND MOVING CLASSES BY EXTREMOS SALSA TO ANOTHER TIME OR LOCATION
- Extremos Salsa makes efforts to allow scheduled classes to take place, but may be compelled to move them to another time or location for a valid reason.
- Extremos Salsa will notify the other party as soon as possible in the event that Extremos Salsa moves a class to another time. The other party is at all times entitled to cancel the class that has been moved to another time in accordance with Article 6.
- In the event that Extremos Salsa temporarily moves to another location, Extremos Salsa will inform the other party as soon as possible. If relocation to another location is apparently unreasonably onerous for the other party because the other location involves a longer travel time or higher travel costs, the duration of the subscription or the period of validity of the multi-ticket card will be extended proportionate to the period during which the classes were moved to another location, without the other party being entitled to any other form of compensation.
- Extremos Salsa will notify the other party as soon as possible in the event that Extremos Salsa permanently relocates to another location. If relocation to another location is apparently unreasonably onerous for the other party because the other location involves a longer travel time or higher travel costs, the other party may terminate the agreement with immediate effect. The other party may in that case claim a refund or remission in proportion to the part of the agreement not received, without the other party being entitled to any other form of compensation.
ARTICLE 10. | SUSPENSION AND DISSOLUTION
- Where justified by the circumstances, Extremos Salsa is entitled to suspend the execution of the agreement or to dissolve the agreement in whole or in part with immediate effect, if and as the other party fails to, does not timely or not fully fulfil his obligations under the agreement, or in case after the conclusion of the agreement, Extremos Salsa becomes aware of any circumstances giving rise to the fear that the other party will not fulfil his obligations.
- If the other party is in a state of bankruptcy, the Debt-Restructuring Act for natural persons has been declared applicable to him, any seizure has been levied on his goods or in cases where the other party cannot in any other way dispose freely of his assets, Extremos Salsa is entitled to terminate the agreement with immediate effect, to the extent the other party has not provided adequate security for the payment(s).
- Further to this, Extremos Salsa is entitled to terminate the agreement if and as circumstances arise that are such that fulfilment of the agreement is impossible or Extremos Salsa cannot reasonably be expected to maintain the agreement unchanged.
- All damage suffered by Extremos Salsa in relation to the suspension and/or dissolution of the agreement will be borne by the other party to the extent he bears liability.
- The other party shall not claim any form of compensation with respect to the right of suspension or termination asserted by Extremos Salsa pursuant to this article.
- If Extremos Salsa terminates the agreement pursuant to this article, all claims against the other party are immediately due and payable.
ARTICLE 11. | FORCE MAJEURE
- Extremos Salsa is not obliged to fulfil any obligation under the agreement if and for as long as it is impeded by a circumstance for which it cannot be held liable by law, a legal act or in accordance with the prevailing views in society.
- If the fulfilment of the agreement due to force majeure as referred to in paragraph 1 becomes permanently impossible, the parties are entitled to dissolve the agreement with immediate effect.
- If, upon the occurrence of the force-majeure situation, Extremos Salsa has already partially fulfilled its obligations or can only partially meet its obligations, it is entitled to separately invoice the part already executed or the executable part of the agreement as if it were a separate contract.
- Without prejudice to the application of the previous paragraph, damage as a result of force majeure shall not at any time qualify for compensation.
ARTICLE 12. | PRICES AND PAYMENTS
- All prices stated by Extremos Salsa include VAT.
- When purchasing a multi-ticket card, it must be paid using one of the methods required by Extremos Salsa.
- Payment of subscription amounts is made on a monthly basis by direct debit, unless expressly agreed otherwise. If the subscription is taken out on the website, the initial monthly term must be paid through iDeal, unless otherwise indicated by Extremos Salsa. The initial
monthly payment will be due by the other party before the start of the first class.
- Extremos Salsa is not obliged to admit the other party to the (first) class as long as the other party is in default with the fulfilment of any payment obligation in respect of Extremos Salsa.
- If timely payment is not made, the other party’s default will be effective by law. From the day the other party’s default occurs, the other party shall at such time be due the current statutory interest on the outstanding amount.
- All reasonable costs, both judicial, extrajudicial and foreclosure costs incurred to obtain amounts due by the other party, are for the other party’s account.
ARTICLE 13. | LIABILITY AND INDEMNIFICATION
- Without prejudice to the other provisions of these general terms and conditions, Extremos Salsa bears no liability for damage in relation to or damage caused by any incorrect or incomplete information provided by the other party, or another shortcoming in the fulfilment of the obligations of the other party arising from the law or the agreement or another circumstance that cannot be attributed to Extremos Salsa. Participation in classes is at the other party’s own risk. Extremos Salsa is not liable for any injury or other damage sustained during or as a result of a class. The other party indemnifies Extremos Salsa from all its claims and claims from third parties in this regard.
- Extremos Salsa bears no liability for any damage caused by the fact that the instructions of teachers, whether or not incorrect and/or incomplete, have been observed by the other party.
- The other party indemnifies Extremos Salsa against all medical claims, processes, loss, damage or theft of property of the other party or of goods brought by it, injury or death, which include claims for negligence arising from the services offered by Extremos Salsa.
- Without prejudice to the other provisions of these general terms and conditions and in particular the provisions of paragraph 6 of this article, Extremos Salsa is only liable in respect of the other party for direct damage suffered by the other party as a result of an attributable shortcoming of Extremos Salsa in the performance of its services. An attributable shortcoming means a shortcoming that a properly and carefully acting specialist in this industry can and should avoid in compliance with the vigilance that is considered to be common practice and the professional knowledge and resources required for the performance of the service. Extremos Salsa shall not at any time be liable for indirect damage. Direct damage exclusively means:
– the reasonable costs for determining the cause and extent of the damage, to the extent the determination relates to damage that qualifies for compensation within the meaning of these general terms and conditions;
– any reasonable costs incurred to have the faulty performance of Extremos Salsa comply with the agreement, to the extent it can be attributed to Extremos Salsa;
– the reasonable costs incurred to prevent or limit damage, to the extent the other party demonstrates that such costs have resulted in limitation of the direct damage referred to in these general terms and conditions.
- Should Extremos Salsa be liable in respect of the other party for any damage, Extremos Salsa has the right to rectify such damage at any time. The other party must give Extremos Salsa the opportunity to rectify the damage, failing which, any liability of Extremos Salsa will be cancelled in this regard.
- Extremos Salsa’s liability is at all times limited to at most the invoice value of the agreement, i.e. to that part of the agreement to which the liability of Extremos Salsa is related. If the agreement has a longer lead-through time than six months, the invoice value for the last six months of the agreement will be used as the starting point for determining the invoice value as referred to in the previous sentence.
- Except in the case of intent or deliberate recklessness on the part of Extremos Salsa, the other party shall indemnify Extremos Salsa against all claims from third parties, for any reason, with regard to compensation for damage, costs or interest relating to the implementation of the agreement by Extremos Salsa.
- The other party is liable for all damage attributable to him arising from the use of the materials provided by Extremos Salsa at the class location and other property of Extremos Salsa or third parties.
- The limitation period of all legal claims and defence against Extremos Salsa is one year.
ARTICLE 14. | FINAL CLAUSES
- Dutch law applies exclusively to all agreements and any resulting legal relationships between the parties.
- Before submitting any disputes to the courts, the parties are obliged to make every effort to resolve the dispute in mutual cons