TERMS AND CONDITIONS
Article 1. Definitions
In these general terms and conditions the following definitions apply:
JB: The professional operating under the name of JungleBirds.
The client: the legal entity issuing the assignment.
The agreement: the arrangements between the client and JB.
Article 2. Applicability
These General Terms and Conditions apply to all offers, quotations, reservations and agreements between JB and the client, insofar as these terms and conditions have not been expressly deviated from by the parties in writing.
Article 3. Quotations
1. The quotations made by JB are non-binding; they are valid for 30 days, unless stated otherwise. JB is only bound to the quotations if the acceptance thereof is confirmed by the other party in writing within 30 days.
2. The prices in the aforementioned quotations are exclusive of VAT, unless stated otherwise.
3. Quotations are based on the information available at JB.
Article 4. Coaching
1. If a cancellation is made within 24 hours before the scheduled start, the client will be charged 100% of the time and costs reserved for the performance.
2. If cancelled within two days (48 hours) before the beginning of the performance, the client shall be charged 50% of the time and costs reserved for the performance.
3. If a coaching is cancelled within one week prior to commencement, the client will be charged for the preparation work that was necessary for the execution of the appointment.
Article 5. Courses, Retreats and Quests
1. In case of cancellation within three months before commencement, a € 150,- administration/cancellation fee shall be due.
2. For cancellation within eight weeks before commencement, 75% of the price shall be due.
3. If cancelled within six weeks before commencement, 50% of the price shall be due.
4. If cancelled within three weeks before commencement, the full price is due.
Article 6. Performance of a counselling agreement
1. JB shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. If and insofar as the proper execution of the agreement requires it, JB has the right to have certain activities performed by third parties. This will always take place in consultation with the client.
3. The client shall ensure that all data, which JB indicates to be necessary or which the client should reasonably understand to be necessary for the performance of the agreement, are provided to JB in good time. If the data required for the execution of the agreement are not provided to JB in time, JB shall be entitled to suspend the execution of the agreement and/or to charge the client for the additional costs resulting from the delay in accordance with the usual rates.
4. JB shall not be liable for damage, of whatever nature, because JB has relied on incorrect and/or incomplete data provided by the Client, unless it should have been aware of such incorrectness or incompleteness.
Article 7. Confidentiality
1. The parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of their agreement. Information shall be considered confidential if this has been communicated by the other party or if it arises from the nature of the information.
2. The assignment will not be referred to externally by JB without the client’s permission.
Article 8. Intellectual property
1. JB reserves the rights and powers to which it is entitled under the Copyright Act.
2. All documents provided by JB, such as hand outs, reports and exercises, are exclusively intended to be used by the client and may not be reproduced, made public or brought to the notice of third parties without JB’s prior permission.
3. JB also reserves the right to use the knowledge gained by the execution of the activities for other purposes, insofar as no confidential information is brought to the notice of third parties.
Article 9. Fee
1. The parties may agree on a fixed fee when the agreement is concluded. The fixed fee is exclusive of VAT.
2. If no fixed fee is agreed upon, the fee will be determined on the basis of hours actually worked. The fee shall be calculated according to JB’s usual hourly rates, valid for the period in which the work is performed, unless a different hourly rate has been agreed upon.
3. Any cost estimates are exclusive of VAT.
4. If JB agrees with the client on a fixed fee or hourly rate, JB shall nevertheless be entitled to increase this fee or rate.
Article 10. Payment
1. Payment shall be made within 14 days of the invoice date, in a manner to be indicated by JB in the currency invoiced, unless otherwise agreed.
2. After the expiry of 14 days from the invoice date, the client shall be in default; the client shall owe interest of 1% per month on the amount due from the moment of default.
3. In the event of the client’s liquidation, bankruptcy or suspension of payments, JB’s claims and the client’s obligations vis-à-vis JB shall be immediately due and payable.
4. Payments made by the client shall always serve firstly to settle all interest and costs due, secondly to settle payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice.
5. In case of repayment of credited amounts by JB, a payment term of a maximum of 30 days will be applied.
Article 11. Liability
1. JB will ensure the proper and orderly conduct of the retreats/transformation quests.
2. Participation in a retreat or quest is entirely at your own risk. JB is not liable for injury and/or damage of any kind resulting from the participant’s stay and/or activities, nor for loss or damage to property.
3. Complaints must be made known to JB in writing with reasons. The complainant will receive a response within 14 days.
Article 12. Medical disclaimers
1. The activities as we offer them are intended as leisure activities and not to replace medically necessary treatment or therapy. Therefore, always discuss physical and/or psychological complaints with a qualified doctor.
2. Insofar as physical exertion and activities are part of the agreement concluded with JB, participants in such activities should assess for themselves whether they are physically and fitness-wise capable of participating responsibly in such activities.
3. Always report if you have a physical complaint, so that we can adjust the programme accordingly.
Article 13. Changes in programming retreat
JB has the right to make changes to the programming of a retreat/quest, e.g. if a guide/coach cannot (no longer) provide the activity due to illness, relocation, pregnancy or other circumstances. In this case, JB will provide a professional and qualitatively similar replacement.
Article 14. Data registration
By entering into an agreement with JB, permission is granted to JB to automatically process the personal data obtained from the agreement. JB will use these personal data exclusively for its own activities.