Terms and Conditions

Chapter 1 — General provisions

Article 1 — Definitions

In these general terms and conditions, the following terms are defined as:

1. activity: all services offered by the entrepreneur;
2. third-party contractor: a natural or legal person who acts in the context of their commercial, business, craft or professional activity, whether or not through another person acting on their behalf, in cooperation with the entrepreneur;
3. durable data carrier: any medium that enables the entrepreneur to store information personally addressed to them in a way that makes the information accessible for future use for a period appropriate to the purpose of the information, and allows unaltered reproduction of the stored information;
4. fee: the compensation due to the entrepreneur for their services, excluding VAT;
5. entrepreneur: the natural or legal person who acts in the context of their commercial, business, craft or professional activity, whether or not through another person acting on their behalf;
6. unambiguous declaration: the declaration from a client to the entrepreneur that can only be interpreted in one way. The declaration must contain at least: client name; (invoice) address; postal code; city; phone number; email address; order number; assignment to which the declaration relates.
7. assignment: the agreement between the client and the entrepreneur;
8. client: the natural or legal person who commissions the work;
9. distance contract: the agreement concluded between the entrepreneur and the client within an organized system for distance service provision without simultaneous personal presence of both parties, using one or more means of distance communication up to and including the moment of conclusion;

Article 2 — The entrepreneur

Article 3 — The business

These general terms and conditions apply to every website affiliated with Cubania, including https://cubania.nl.

Article 4 — Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the client.
2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the client. If this is not reasonably possible, it will be indicated that the terms can be viewed at the entrepreneur's premises and will be sent free of charge upon request.
3. If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available electronically in such a way that the client can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be viewed electronically and that they will be sent free of charge upon request.
4. The general terms and conditions can be consulted at all times on the entrepreneur's websites.
5. In the event that specific service conditions also apply alongside these general terms and conditions, the client may always invoke the most favorable applicable provision in case of conflicting terms.

Article 5 — Supplementary or deviating provisions

Supplementary or deviating provisions may not be to the detriment of the client and must be recorded in writing or in such a way that the client can store them on a durable data carrier.

Chapter 2 — The agreement

Article 6 — Quotation

1. Quotations provided by the entrepreneur are entirely without obligation, unless explicitly agreed otherwise.
2. Quotations made by the entrepreneur are valid as an offer for 30 days.
3. The quotation will specify, if applicable to the activity, among other things:
   1. the location of the activity;
   2. the description of the activity;
   3. the drawings, technical descriptions, designs and calculations according to which the activity will be performed;
   4. the start date of the activity;
   5. the period within which the activity will be performed and delivered;
   6. the pricing method used for the work to be performed;
   7. whether payment will be made in installments;
   8. whether a risk regulation will apply to the activity, and if so, which one;
   9. the applicability of these general terms and conditions to the quotation and the resulting assignment.

Article 7 — Price

1. During the validity period stated in the offer, prices of offered services will not be increased, except for price changes due to changes in VAT rates, obvious errors or cost-increasing circumstances.
2. Price increases, excluding cost-increasing circumstances, within 3 months after the agreement are only permitted if they result from legal regulations or provisions.
3. Price increases, excluding cost-increasing circumstances, from 3 months after the agreement are only permitted if the entrepreneur has stipulated this.
4. Cost-increasing circumstances are circumstances that could not reasonably have been anticipated at the time of concluding the agreement, cannot be attributed to the entrepreneur, and increase the costs of the work.
5. The entrepreneur may increase their rates annually by a maximum of 5%. An annual rate increase does not qualify as a price increase as referred to in paragraphs 2 and 3 of this article.
6. Obvious errors in the offer, including obvious typing errors, are not binding on the entrepreneur.
7. Prices stated in service quotations are estimates based on expected workload.
8. Prices stated in service offers are exclusive of VAT.

Article 8 — Agreement

1. The agreement is concluded at the moment the client accepts the offer and meets the conditions set.
2. The conditions include at minimum enrollment in a dance lesson or course and payment thereof.
3. If the client accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically.
4. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic data transfer.
5. If after concluding the agreement there are good grounds to fear the client will not meet payment obligations, the entrepreneur may suspend performance or dissolve the agreement.
6. The entrepreneur provides the client with relevant information in writing or on a durable data carrier with the service.

Chapter 3 — Execution of the agreement

Article 9 — Delivery

1. The entrepreneur exercises the utmost care in assessing service requests and in executing the assignment.
2. The entrepreneur ensures they possess the necessary knowledge and skills when accepting an assignment.
3. If the activity must be relocated or cannot be performed, the client is promptly notified.
4. If a delivery period has been agreed upon, it is not a strict deadline unless explicitly agreed otherwise.
5. Exceeding the delivery period does not constitute grounds for compensation or dissolution, unless it has been explicitly stated as a strict deadline.

Article 10 — Payment

1. Payment is possible through the payment methods offered by the entrepreneur.
2. Individual dance lessons and courses must be paid for in advance.
3. In the case of a (group) workshop, the amounts owed must be paid within 14 days of receiving the invoice.
4. The client is obligated to promptly report any inaccuracies in provided payment details to the entrepreneur.
5. In case of non-payment, the entrepreneur has the right to charge reasonable costs.
6. Reasonable costs include at minimum the legally established interest and collection costs (15% of outstanding invoices).

Chapter 4 — Special provisions

Article 11 — Modifications and changes

Parties shall consult each other about modifications to the assignment if changes occur in the assumptions or other circumstances. Modifications and changes are considered cost-increasing circumstances.

Article 12 — Confidentiality

Both parties are obliged to maintain confidentiality regarding all confidential information obtained from each other or from other sources in the context of their agreement.

Article 13 — Intellectual property

The entrepreneur retains all rights to intellectual property resulting from the services provided. Violation results in a penalty of €4,500.00 to the client.

Article 14 — Force Majeure

Neither party is liable to the other for any delay or non-performance resulting from natural disasters, strikes, war, fire, floods or other circumstances beyond their control.

Article 15 — Work by third parties

The entrepreneur is authorized to have work performed by others under their direction. Costs of third-party contractors are borne by the client, unless explicitly agreed otherwise.

Chapter 5 — Dissolution, compensation and disputes

Article 16 — Dissolution, modification, rescheduling by client

1. After confirmation, the client cannot dissolve the agreement for an individual dance lesson or course without cause. The entrepreneur always offers a free trial lesson first.
2. If the client wishes to dissolve a (group) workshop: within 1 month prior 25%, within 2 weeks 50%, within 1 week or no-show 100% of the agreed amount.
3. The client exercises the right of dissolution by making an unambiguous declaration.
4. In case of force majeure, the client may modify or reschedule the agreement.
5. The entrepreneur will always try to offer a replacement activity in a comparable group.

Article 17 — Dissolution, modification, rescheduling by entrepreneur

The entrepreneur may dissolve, modify or reschedule the agreement without cause. A replacement activity constitutes a new offer. If no replacement is possible, the entrepreneur will refund the amount paid.

Article 18 — Liability

The entrepreneur is liable to the client for attributable shortcomings, subject to legal regulations.

Article 19 — Compensation

The entrepreneur is only liable for direct damages. All liability is limited to the amount paid by the liability insurance. The entrepreneur cannot be held liable for indirect damages, including consequential damages, lost profits and immaterial damages.

Article 20 — Complaints

Complaints about the execution of the agreement must be submitted within 14 days. Complaints submitted to the entrepreneur are answered within 14 days.

Article 21 — Modification of Terms and Conditions

The entrepreneur is always authorized to modify these terms and conditions. Changes become binding 14 days after notification.

Article 22 — Disputes

1. Agreements between the entrepreneur and the client are exclusively governed by Dutch law.
2. All disputes shall be submitted to the competent Dutch court in the entrepreneur's place of business.
3. If articles are declared invalid, the remaining provisions remain in force.