General Terms and Conditions Annemarie's Health Retreats applicable from 01-08-2023 (Annemarie's Health BV)
Article 1. Definitions
- Annemarie's Health Retreats is part of Annemarie's Health BV, hereinafter referred to as Annemarie's Health Retreats, which aims to provide (health) retreats, in the broadest sense.
- In these general terms and conditions, “participant” is defined as: the natural person who does not act in the exercise of a profession or business or the natural person or legal entity who does act in the exercise of a profession or business and who uses the services of Annemarie's Health Retreats and Annemarie's Health Retreats to provide services.
- In these General Terms and Conditions, “agreement” means: the agreement concluded between Annemarie's Health Retreats and the participant, whereby Annemarie's Health Retreats undertakes to provide services to the participant and the participant undertakes to pay a price for this. The agreement is concluded by an offer from Annemarie's Health Retreats and its acceptance by the participant, which is further specified in Article 3.3 of these General Terms and Conditions.
- In these General Terms and Conditions, “services” means: all products and services supplied to the participant by Annemarie's Health Retreats and/or third parties engaged by it, including the provision of retreats, as well as all other services provided by Annemarie's Health Retreats and for the benefit of the participant. activities.
- In these General Terms and Conditions (retreats), “website” means: the website www.annemarieshealth.com .
Article 2. Applicability of the general terms and conditions
- The General Terms and Conditions apply to every offer from Annemarie's Health Retreats and to all current and future agreements, deliveries, commercial relationships and other legal relationships between parties. The participant's General Terms and Conditions are expressly rejected.
- Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with Annemarie's Health Retreats.
- The General Terms and Conditions also apply to additional or modified assignments from the participant.
- If it appears that one or more provisions in these General Terms and Conditions are invalid, the validity of the other provisions of these General Terms and Conditions as well as the entire agreement will not be affected.
- In such a case, the parties will endeavor to replace the invalid provision with a new, valid provision that comes as close as possible to the invalid provision within the scope of the original General Terms and Conditions.
Article 3. The agreement
- Registration for retreats is done via the Website. Participant can also contact us by telephone, social media or email for more information.
- The participant can register for an international retreat via the website. As soon as the participant in question has fully and successfully completed the online payment procedure, he will receive a confirmation email. The agreement is concluded at this time, subject to the provisions of Article 3.
- If Annemarie's Health Retreats sends a confirmation to the participant, it is decisive for the content and explanation of the agreement, subject to obvious errors. Annemarie's Health Retreats cannot be held to its offer if the participant can reasonably understand that the offer, or part thereof, contains an obvious mistake or typo.
- If the participant makes notes or comments on the confirmation email from Annemarie's Health Retreats, they do not form part of the agreement, unless Annemarie's Health Retreats confirms this in writing.
Article 4. Participation in retreat(s)
- Once the potential participant has submitted a registration for the retreat via the website, this is no guarantee of actual participation. Annemarie's Health Retreats attaches great importance to good group dynamics.
- Annemarie's Health Retreats may ask a potential participant to complete a questionnaire and/or have a telephone conversation before participation can be confirmed.
- If, in the opinion of Annemarie's Health Retreats, a potential participant does not fit within the group dynamic, participation may be refused. In the event of refusal, the agreement as described in Articles 3.2 and 3.3 will be terminated by operation of law with retroactive effect.
- In the above case, the potential participant will receive the total amount paid back as soon as possible.
Article 5. Execution of the Agreement
- Annemarie's Health Retreats will endeavor to provide the services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as as much as possible in accordance with the written agreements.
- Annemarie's Health Retreats only has an obligation of best efforts and no obligation of results when providing the services. An effort obligation is a contractual obligation to make the necessary efforts or to use certain means to achieve the agreed result, which means that Annemarie's Health Retreats cannot guarantee that the outcomes, results or expectations that the participant has upon delivery of Services envisioned will actually be achieved.
- In the event of force majeure or compelling reasons, Annemarie's Health Retreats reserves the right to offer a similar alternative to the location that Annemarie's Health Retreat has advertised on the website www.annemarieshealth.com or social media.
- If and to the extent that this is required for the proper execution of the agreement, Annemarie's Health Retreats has the right to have certain work carried out by a third party(ies), under conditions agreed in the agreement. When engaging third parties, Annemarie's Health Retreats will exercise due care.
- The participant ensures that all information that Annemarie's Health Retreats indicates is necessary or of which the participant should reasonably understand that it is necessary for the execution of the agreement, is provided to Annemarie's Health Retreats in a timely manner. If the information required for the execution of the agreement has not been provided to Annemarie's Health Retreats in a timely manner, Annemarie's Health Retreats has the right to suspend the execution of the agreement and/or charge the additional costs resulting from the delay in accordance with the then customary rates. participant.
- The participant ensures that Annemarie's Health Retreats can provide its services in a timely and proper manner. If the participant does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.
- If a term has been agreed or specified for the performance of services, this is never a strict deadline. If a term is exceeded, the participant must notify Annemarie's Health Retreats in writing.
- Annemarie's Health Retreats must be offered a reasonable period to still implement the agreement.
Article 6. Changes to the Agreement
- If it appears that it is necessary to change or supplement the agreement for the proper execution, Annemarie's Health Retreats will inform the participant of this immediately and in writing (by e-mail).
- If the agreement is amended, including a supplement, this constitutes an additional order. A separate fee agreement will be made in advance for this additional assignment, whereby the additional services will be paid for at the agreed rate.
- Failure to execute the amended agreement or to do so immediately does not constitute a breach of contract on the part of Annemarie's Health Retreats and is no reason for the participant to terminate or dissolve the agreement.
- Changes to the originally concluded agreement between Annemarie's Health Retreats and the participant are only valid from the moment these changes have been accepted by both parties by means of an additional or amended agreement. This change will be made in writing (via email or WhatsApp).
Article 7. Suspension, dissolution and premature termination of the agreement
- Annemarie's Health Retreats is entitled to suspend the fulfillment of the obligations or to terminate the agreement if the participant does not fulfill the obligations under the agreement, does not fully or does not fulfill them on time. Annemarie's Health Retreats must have given the participant notice of default by means of a written reminder.
- Furthermore, Annemarie's Health Retreats is entitled to terminate the agreement, under the same conditions as referred to in paragraph I of this article, if circumstances arise that are of such a nature that compliance with the agreement is impossible or unchanged maintenance of the agreement is reasonable. cannot be required.
- If the participant fails to fulfill his obligations arising from the agreement, this failure to comply justifies termination and the participant is in default, then Annemarie's Heath Retreats is entitled to terminate the agreement immediately and with immediate effect by means of a written statement to the participant, whereby the participant, due to breach of contract, compensation or compensation is obliged.
Article 8. Right of withdrawal and return of Products
- The participant has no right to cancel the distance contract within 14 (fourteen) days free of charge and without giving a reason (Right of Withdrawal).
- Pursuant to Article 6:230p sub e of the Civil Code, the participant has no right of termination for services relating to leisure activities, if the agreement provides for a specific time or period of performance. This exception applies to Annemarie's Health Retreats.
- The services offered by Annemarie's Health Retreats are explicitly characterized as agreements relating to leisure activities. The agreement includes a specific date or period on which the services will be performed, namely, the date of the retreat.
- The purchase of the reserved services by the participant is regarded as a ticket that allows the participant to access the services. The services offered are also described in detail on the website, so that the participant has all the information about the services and can therefore make a well-considered choice based on the information provided.
Article 9. Cancellation by participant of (international) retreat
- If, for whatever reason, the participant can no longer participate in the retreat(s) and wishes to cancel, the following rules apply with regard to reimbursement of the participation costs owed:
- Up to two months before the start of the retreat, the participant will receive 50% of the total participation costs;
- No participation fees will be refunded within two months before the start of the retreat.
- For retreat(s) with a shorter participation period, separate rules apply regarding reimbursement of participation costs. These are listed on the website annemarieshealth.com
- The participant has up to two weeks before the start of the retreat to arrange a replacement participant. The replacement will not take place without prior written approval for this replacement participant by Annemarie's Health Retreats. If Annemarie's Health Retreats agrees in writing to the proposed replacement, no refund of participation costs will be made. Any such settlement or refund must be made between the original participant and alternate participant.
Article 10. Cancellation by Annemarie's Health Retreats
- Cancellation of the retreat(s) by Annemarie's Health Retreats will take place if there are valid reasons for doing so. Justified reasons include, but are not limited to: insufficient participants in the retreat and illness of instructors.
- Annemarie's Health Retreats will immediately notify participant(s) in the event of cancellation of the retreat.
- In the event of cancellation, as described in article 10.1, the participant is entitled to a refund of the amount already paid. The participant cannot claim any form of compensation and/or damages.
Article 11. Costs, remuneration and payment
- All amounts communicated to the participant and amounts on the website are in euros and include VAT unless stated otherwise.
- Annemarie's Health Retreats has the right to correct apparent errors in the quotation.
- With regard to national and international retreats, the participant must, in principle, pay the full amount (100%) of the retreat immediately upon registration, unless a different payment schedule has been agreed in writing.
- In the case of an immediate full (100%) payment, this is done online via the payment service provider Shopify payments. Data can be shared between Shopify payments and Annemarie's Health Retreats within that framework.
- The participant has the obligation to immediately inform Annemarie's Health Retreats of any inaccuracies in the stated or provided payment details.
- If the participant fails to pay an invoice on time, the participant is legally in default, without further notice of default being required. The participant will then owe the statutory interest. The interest on the amount due will be calculated from the moment the participant is in default until the moment the full amount is paid.
- If Annemarie's Health Retreats decides to collect a claim for non-payment of one or more unpaid invoices through legal means, the participant is, in addition to the principal amount owed and the interest referred to in Article 11.VI, also liable for all reasonably incurred judicial and extrajudicial costs. to be reimbursed. The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable Decree that relates to reimbursement for extrajudicial collection costs.
Article 12. Guarantees
- Except for what is expressly included in the agreement and/or in these general terms and conditions, Annemarie's Health Retreats offers no other guarantees, promises or conditions with regard to the services.
- The provisions in these General Terms and Conditions regarding warranty do not affect the participant's warranty claims under the law.
Article 13. Liability
- The participant is responsible for providing correct and representative data and information necessary for the execution of the agreement. Annemarie's Health Retreats is not liable for damage, including due to an incorrect order, if the participant has provided incorrect, unrepresentative or irrelevant information.
- Annemarie's Health Retreats is not liable for errors or omissions of third parties engaged by it. By using the services of Annemarie's Health Retreats, the participant grants Annemarie's Health Retreats the authority, if a third party engaged by Annemarie's Health Retreats wishes to limit its liability, to accept that limitation of liability also on behalf of the participant.
- Annemarie's Health Retreats is not liable for personal injury as a result of participating in the activities of the retreat(s). Nor is Annemarie's Health Retreats liable for the loss or damage of the participant's property.
- Annemarie's Health Retreats strongly recommends taking out good travel insurance.
- The participant must be adequately insured against the risk of damage that he or a surviving relative may suffer as a result of his death, injury or illness caused by his participation in the retreat(s). The retreat is attended at your own risk.
- The participant indemnifies Annemarie's Health Retreats against any damage that third parties may suffer as a result of an act or omission attributable to the participant with regard to participation in the retreat. The Participant must be adequately insured against the risk of liability for said damage.
- Annemarie's Health Retreats is not liable for indirect damage, including but not limited to business damage, stagnation damage, lost savings, reduced goodwill and lost profit.
- Annemarie's Health Retreats is not liable for any errors on the website.
- Annemarie's Health Retreats is not liable for failure to fulfill the obligations arising from the agreement or to fail to do so on time, if this is caused by force majeure as referred to in Article 14 of these general terms and conditions.
- If Annemarie's Health Retreats is held liable, it will only be liable for direct damage actually incurred, paid or suffered by the participant due to a demonstrable failure to fulfill the obligations of Annemarie's Health Retreats with regard to its services.
- The liability of Annemarie's Health Retreats is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Annemarie's Health Retreats is not insured, liability is limited to the amount paid by the participant.
- The limitation of liability as described in this article does not apply in the event of intent or deliberate recklessness on the part of Annemarie's Health Retreats.
- This provision does not exclude liability to the extent that liability may not be limited or excluded by law.
Article 14. Force majeure
- Force majeure means all external causes, beyond the control or fault of Annemarie's Health Retreats, as a result of which timely, complete or correct fulfillment of the agreement is no longer possible.
- Force majeure as referred to in the previous paragraph of this article also includes, but is not limited to: non-compliance by a third party, illness of staff of Annemarie's Health Retreats itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in the systems of Annemarie's Health Retreats, fire, floods, natural disasters, pandemics, riots, war or other civil unrest.
- In the event of force majeure, performance of the agreement will be suspended as long as the force majeure continues.
- If the force majeure lasts longer than 3 months, both parties are entitled to terminate the agreement without judicial intervention. In such a case, Annemarie's Health Retreats will refund any amounts paid, minus all costs incurred by Annemarie's Health Retreats in relation to the agreement.
Article 15. COVID clause
- If Annemarie's Health Retreats has to cancel the national or foreign retreat due to COVID-19 or other measures imposed by national local authorities or Dutch government, the participant will receive a voucher worth the total amount paid and an alternative date will be offered. The voucher can be used to participate in these alternative foreign retreats at a later time.
Article 16. Confidentiality of data
- Each party guarantees that all information received from the other party that it knows or should know is of a confidential nature will remain secret. The party that receives confidential information will only use it for the purpose for which it was provided. Data will in any case be considered confidential if it has been designated as such by one of the parties. Annemarie's Health Retreats cannot be held to this if the provision of data to a third party is necessary pursuant to a court decision, a legal regulation or for the correct execution of the agreement.
Article 17 Rights and obligations during the Retreats
- Participation in the program during the retreat(s) is voluntary. Not participating does not entitle you to a refund of part of the amount.
- Participating in the activities offered is entirely at your own risk. These activities are not a substitute for medical treatment or therapy but are intended solely for leisure and personal development.
- The participant is responsible for reporting any physical complaints to the relevant instructor.
- Drugs and excessive alcohol use are not permitted during the entire retreat. Smoking is also not permitted within the locations offered by Annemarie's Health Retreats.
- Annemarie's Health Retreats is respectful to all participants and expects the same from participants.
- Participants must treat the environment and locations with care. Any damage will be recovered from the perpetrator. Making and/or publishing video or sound recordings during the retreat(s) is only permitted after prior permission from Annemarie's Health Retreats. If the rules described in this provision are not followed, participant will be removed from the retreat. In that case, the participant is not entitled to a refund of payment.
Article 18. Complaints procedure 1. If the Participant has a complaint
- Participant must send this in writing and with sufficient motivation to firstname.lastname@example.org . If reasonably possible, the complaint will be processed 5 (in words: five) working days after receipt of the complaint by Annemarie's Health Retreats, after which the participant will receive a substantive response as soon as possible.
- Participant also has the option to submit a complaint to the Disputes Committee via the European ODR Platform, which can be found on the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2 .show&lng=NL .
Article 19. Identity of Annemarie's Health Retreats
- Annemarie's Health Retreats is part (trade name) of Annemarie's Health BV and is registered with the Chamber of Commerce under number 90738195 with VAT identification number NL865434712B01. Annemarie's Health BV is located at Labradorstroom 89, 1271 DE in Huizen.
- Annemarie's Health BV can be reached:
Article 20. Change clause
- Annemarie's Health Retreats reserves the right to change or supplement these General Terms and Conditions at any time. Annemarie's Health Retreats will inform the participant of this in a timely manner.
- The amended General Terms and Conditions apply to the agreement one month after notification to the participant.
- The Consumer has the option to terminate the agreement no later than the day on which the amended General Terms and Conditions come into effect if the changes result in Annemarie's Health Retreats being able to provide services or products that are essentially different from those parties when concluding the agreement. have been agreed with each other.
Article 21. Applicable law and competent court
- Dutch law applies to the legal relationship between Annemarie's Health Retreats and its participant.
- All disputes that may arise between Annemarie's Health Retreats and consumers will be submitted to the competent court in the district where the participant has his or her place of residence.
- All disputes that may arise between Annemarie's Health Retreats and business customers will be submitted to the Amsterdam court.