General terms and conditions for entering into and carrying out agreements with “CockpitCoach van Buuren” and “CockpitCoach Timmermans”
The terms and conditions below are a courtesy translation. The legally applicable terms and conditions are the Dutch text found here.
These general terms and conditions apply to all offers, activities, quotations and agreements between CockpitCoach van Buuren and CockpitCoach Timmermans (hereinafter referred to as CockpitCoach) and clients, respectively their legal successor(s), unless agreed otherwise in a mutually accepted order confirmation.
1. Registration of individual participants / course participants
Registration takes place in response to individual requests, by telephone or email. Before entering into an agreement, an offer proposal is made by CockpitCoach, see article 2. This agreement will only become final after written confirmation from the client.
2. Basis for proposed agreements
Proposals are based on the information provided by the client. The client guarantees that, to the best of their knowledge, they have provided all essential information for the setup and execution of the agreement. CockpitCoach provides the services to the best of its knowledge and ability, and will perform them in accordance with the requirements of good workmanship. This obligation of the Contractor has the character of an “effort obligation”, the achievement of the intended result cannot be guaranteed.
3. Provision of information, employees and workspace by the client
To ensure that the execution of the agreement proceeds as smoothly as possible, the client will provide all documents and data that CockpitCoach requires in a timely manner.
4. Involving third parties in the execution of the assignment
Third party training facilities are always used in the execution of agreements. Coordinating and booking this is done by CockpitCoach after confirmation with the client. On site, the client must adhere to the rules, terms and conditions of the chosen training facility.
Involving or engaging further third parties in the execution of the assignment by the client or by CockpitCoach takes place only after mutual agreement.
5. Fees and costs of the agreement
Quotations or proposals do not oblige CockpitCoach to perform services. Prices are stated including VAT, unless stated otherwise.
6. Payment terms
Unless otherwise agreed, CockpitCoach will only be able to confirm an agreement after receipt of down payment. Unless otherwise agreed, payment must be made by bank transfer (by IBAN). If payment is not made, CockpitCoach will not book the client’s order and the agreed time schedule may be canceled.
Deposit and payment (when booking more than 21 days before execution)
When booking more than 21 days before the planned execution date, CockpitCoach will confirm the order and book it after receipt of the down payment. Unless otherwise agreed, this amounts to 80% of the total costs.
CockpitCoach will not yet book the planned time slot until receipt of the deposit, and until then this may be canceled. If it is no longer possible for CockpitCoach to book the planned time slot once the deposit has been received, it will be refunded within 48 hours unless a new schedule can be agreed.
Payment (when booking 21 days or less for execution)
When booking 21 days or less before the planned execution date, CockpitCoach will confirm the order and book it after receipt of the total amount of the order.
CockpitCoach will not yet book the planned time slot until receipt of the total amount, and until then the time slot is not confirmed. If it is no longer possible for CockpitCoach to book the planned time slot when the total amount is received, it will be refunded within 48 hours unless a new schedule can be agreed.
7. Force majeure
In these general terms and conditions, force majeure means, in addition to what is understood in this respect in law and jurisprudence, all external causes over which CockpitCoach has no influence, and as a result of which it is unable to fulfill its obligations. CockpitCoach can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other.
Insofar as CockpitCoach at the time of the occurrence of force majeure has already partially fulfilled or will fulfill its obligations under the agreement, and the part fulfilled or to be fulfilled independently accrues value, CockpitCoach is entitled to separate the part already fulfilled and invoice this part. The client is obliged to pay this invoice as if it were a separate agreement.
8. Execution of the agreement
The way to carry out the agreement is confirmed with the client. If due to illness, force majeure or as a result of other causes on the part of the client, the execution of the assignment is temporarily not possible, by default a refund is not possible for payments already made.
CockpitCoach will contact suppliers to see whether partial refunds are possible based on the circumstances, but no guarantees can be given about the possibilities for this.
9. Change of the assignment or additional work
By default, it is not possible to change the content or time schedule of an agreement after confirmation. At the request of the client, CockpitCoach can contact its suppliers to discuss options for changes. CockpitCoach offers no guarantees regarding the available options.
In the event that the client purchases additional work, this will be processed as a new agreement.
10. Duration and conclusion of the assignment
The duration of the assignment is agreed upon with the client. After the scheduled session is closed, the agreement is considered to be concluded.
11. Cancellation costs
Once confirmed, a free cancellation of an order is not possible.
Until 21 days before the execution of the assignment, if only a down payment has been made, no collection of the remaining amount will take place.
With 21 days or less for the execution of the assignment, monies already paid are non-refundable by default.
In case of cancellation by CockpitCoach due to illness or other urgent circumstances, quality replacement will be sought. If this is not possible and there are cancellation costs for the client as a result of accommodation reservation, the client can charge these to CockpitCoach. Other costs cannot be charged to CockpitCoach.
12. Satisfaction guarantee
If the client is of the opinion that the services provided by CockpitCoach do not meet the promised quality criteria, the client can appeal to the “Quality Guarantee” of CockpitCoach. In this case, CockpitCoach will refund the instructor costs of € 450 excl. VAT to the client.
13. Privacy
The privacy statement applies to all CockpitCoach products and services. This can be consulted at https://cockpitcoach.eu/privacy-en-cookies/.
14. Confidentiality
CockpitCoach is obliged to maintain the confidentiality of all information and data from the client towards third parties. CockpitCoach will take all possible precautions within the framework of the assignment to protect the interests of the client. Without the permission of CockpitCoach, the client will not make any statements to third parties about CockpitCoach’s approach, its working method and the like, or make its reports available for inspection and / or available.
15. Liability
It goes without saying that CockpitCoach makes every effort to provide the requested services to the best of its ability and knowledge. CockpitCoach does not accept any result obligation and / or liability for the services provided. In particular, the Contractor does not accept product liability for the services to be provided by the Contractor to third parties and the possible consequences that advice issued by the Contractor could have – directly or indirectly – for the client. The Client therefore expressly indemnifies the Contractor against any form of (product) liability.
16. Applicable law and complaints / dispute settlement
Dutch law is exclusively applicable to all agreements. All disputes that may arise as a result of the execution of assignments or of further agreements, which may result therefrom, will be settled by the relevant competent Dutch court.
17. Location and change of these terms and conditions The version applicable at the time of the establishment of the legal relationship with the Contractor is always applicable. The current conditions can be found at https://cockpitcoach.eu/terms-and-conditions/, and the legally applicable Dutch terms and conditions are at https://cockpitcoach.eu/algemene-voorwaarden/