Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALSA CONNEXION
ARTICLE 1. | DEFINITIONS
- Salsa Connexion: the user of these general terms and conditions, established at Hoogstraat 297A, 5654 NA in Eindhoven, registered with the Trade Register under Chamber of Commerce number 61341118.
- Other party: the party with whom Salsa Connexion has concluded or intends to conclude an agreement.
- Agreement: all agreements concluded between Salsa Connexion and the other party whereby Salsa Connexion 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.
- Multi-ticket card: a virtual card ordered by the other party, which entitles the other party to participate in a certain number of classes.
- 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 Salsa Connexion to the other party on a specific day and at a specific time.
- Website: Salsa Connexion’s company page, with login details for the other party to gain access via www.salsaconnexion.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 Salsa Connexion.
- 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 Salsa Connexion 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 Salsa Connexion. All offers for a multi-ticket card and subscription are without obligation. Salsa Connexion is never obliged to enter into an agreement with the other party.
- The other party guarantees to provide to Salsa Connexion all data requested by Salsa Connexion 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 Salsa Connexion.
- 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 4. | RIGHT TO DISSOLUTION FOR DISTANCE CONTRACTS
ARTICLE 5. | DURATION AND CONTENTS OF AGREEMENTS
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. If notice is given on the first day of the month, membership will end on the last day of that month. If notice is given after the first day of the month, membership will end on the last day of the next month. This results in one additional debit payment before cancellation.
- 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. Salsa Connexion indicates when the other party can register for such workshops.
- A multi-ticket card is a card entitling to twelve or fifteen classes. A 12-ticket introduction card is valid for 7 weeks 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 12 classes within the validity period of seven weeks. A 12-ticket card is valid for thirteen weeks 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 12 classes within the validity period of 13 weeks.
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 Salsa Connexion as discussed between the parties and/or determined by Salsa Connexion. The definite determination of the other party’s level by Salsa Connexion is not open to discussion. Over time, the other party’s level can be adjusted by Salsa Connexion, whether or not at the request of the other party.
- Classes must be signed up for and cancelled through Salsa Connexion’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 two hours 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 multiticket 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
- Salsa Connexion performs every class to the best of its knowledge and ability. Salsa Connexion, however, only undertakes to make an effort commitment. Salsa Connexion 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.
- Classes are conducted at a location designated by Salsa Connexion.
- 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 SALSA CONNEXION TO ANOTHER TIME OR LOCATION
- Salsa Connexion 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.
- Salsa Connexion will notify the other party as soon as possible in the event that Salsa Connexion 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 Salsa Connexion temporarily moves to another location, Salsa Connexion 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.
- Salsa Connexion will notify the other party as soon as possible in the event that Salsa Connexion 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 tot 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, Salsa Connexion 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, Salsa Connexion 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, Salsa Connexion 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, Salsa Connexion is entitled to terminate the agreement if and as circumstances arise that are such that fulfilment of the agreement is impossible or Salsa Connexion cannot reasonably be expected to maintain the agreement unchanged.
- All damage suffered by Salsa Connexion 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 Salsa Connexion pursuant to this article.
- If Salsa Connexion terminates the agreement pursuant to this article, all claims against the other party are immediately due and payable.
ARTICLE 11. | FORCE MAJEURE
- Salsa Connexion 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, Salsa Connexion 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 Salsa Connexion include VAT.
- When purchasing a multi-ticket card, it must be paid using one of the methods required by Salsa Connexion.
- 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 Salsa Connexion. The initial monthly payment will be due by the other party before the start of the first class.
- Salsa Connexion 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 Salsa Connexion.
- 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, Salsa Connexion 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 Salsa Connexion. Participation in classes is at the other party’s own risk. Salsa Connexion is not liable for any injury or other damage sustained during or as a result of a class. The other party indemnifies Salsa Connexion from all its claims and claims from third parties in this regard.
- Salsa Connexion 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 Salsa Connexion 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 Salsa Connexion. Without prejudice to the other provisions of these general terms and conditions and in particular the provisions of paragraph 6 of this article, Salsa Connexion 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 Salsa Connexion 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. Salsa Connexion 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 Salsa Connexion comply with the agreement, to the extent it can be attributed to Salsa Connexion;
- – 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 Salsa Connexion be liable in respect of the other party for any damage, Salsa Connexion has the right to rectify such damage at any time. The other party must give Salsa Connexion the opportunity to rectify the damage, failing which, any liability of Salsa Connexion will be cancelled in this regard.
- Salsa Connexion’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 Salsa Connexion 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 Salsa Connexion, the other party shall indemnify Salsa Connexion 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 Salsa Connexion.
- The other party is liable for all damage attributable to him arising from the use of the materials provided by Salsa Connexion at the class location and other property of Salsa Connexion or third parties.
- The limitation period of all legal claims and defence against Salsa Connexion 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 consultation.