TERMS & CONDITIONS
General Terms and Conditions of PEAK4, located at Helicopterstraat 25D, 1059CE in Amsterdam, hereinafter referred to as ‘PEAK4’.
1. GENERAL PROVISIONS
1.1 In these general terms and conditions, the following capitalized terms have the following meaning:
1.1.1 Participant: a natural person who has been appointed in advance by the Customer as such and who participates in the Program as mentioned in the Agreement.
1.1.2 Customer: the party with whom PEAK4 has entered into an Agreement or to whom PEAK4 has sent a Budget.
1.1.3 Budget: the Budget issued by PEAK4 to the Customer with regard to the Program.
1.1.4 Agreement: the Agreement between PEAK4 and the customer regarding the Program.
1.1.5 Program: the Program to be developed, organized and implemented by PEAK4 as mentioned in the Agreement or Budget, which may include projects, trips, training, and consulting.
1.1.6 Cost Overview: the quotation for the Program as defined in Article 4.
1.2 These general terms and conditions apply to all Budgets and Cost Statements issued by PEAK4 and to all Agreements with PEAK4.
1.3 In case of conflict between the general terms and conditions of PEAK4 and any general terms and conditions used by the Customer, the general terms and conditions of PEAK4 will prevail. The applicability of general terms and conditions used by the Customer is expressly excluded.
2. CONCLUSION OF AGREEMENTS
2.1 PEAK4 is not bound by any Agreement, oral or written, until PEAK4 has confirmed it in writing (including by email) or the parties have signed an Agreement.
2.2 No rights can be derived by the Customer from budgets, proposals, cost statements and the like made by PEAK4 unless expressly stated otherwise by PEAK4.
2.3 PEAK4 has the right at all times, without requiring the Customer's consent, to outsource all or part of the tasks covered by the Agreement to a third party, on the understanding that PEAK4 remains liable to the Customer for the execution of the Agreement.
3.1 The duration of the Program is calculated in whole days, with the day of departure and the day of entry counting as whole days.
3.2 PEAK4 has the right to adjust the times in the Program if there are changes in carrier schedules or delays at carriers. PEAK4 is not liable for any additional costs or damages incurred by the Customer as a result of changes in departure or arrival times.
4. COST OVERVIEW
4.1 The Cost Overview constitutes a quotation. The amount of the Cost Overview is based on the estimated number of Participants, prices, exchange rate, fees and taxes as known to PEAK4 at the time of entering into the Agreement or drawing up the budget.
4.2 PEAK4 reserves the right to adjust the Cost Overview in the event of changes in exchange rates, fuel prices, levies and taxes, etc.
4.3 Unless otherwise agreed to in writing, the following costs are not included in the Cost Overview:
● transportation costs to and from the accommodation at the point of departure or arrival (may be included after consultation).
● transportation costs to and from the accommodation at the place of arrival after the official end of the trip.
● all participants' personal expenses.
● (alcoholic) beverages.
● costs for travel documents.
● additional services such as clothing packages, video recordings, or other special requests.
5.1 Payment is to be made within 30 days of invoicing, unless otherwise expressly agreed in the Agreement.
5.2 Should the Customer dispute (parts of) the invoice, he must settle the undisputed part without delay, within the period stipulated in the first paragraph.
5.3 In case of non-payment by the Customer, the Customer is obliged to pay all extrajudicial collection costs, which are set at 15% of the total amount due with a minimum of € 250 excluding VAT.
6. CANCELLATION AND AMENDMENTS
6.1 At PEAK4, different cancellation, amendment, and relocation terms apply. The cancellation, amendment and relocation terms are broken down into:
Logistical costs (locations, transportation, food & beverages, lodging, expert materials)
6.2 Logistical costs
In case of cancellation, amendment, or rescheduling (to another date or change of location) of the program/program component with respect to the logistical costs, the following conditions apply:
For a complete cancellation:
More than six weeks prior to the start date of the program/program component, 0% will be charged provided this is in line with our suppliers’ cancellation policies.
Between six and three weeks prior to the start date of the program/program component, 50% of the budgeted logistics cost will be charged.
Within three weeks prior to the start date of the program/program component, 100% of the budgeted logistics costs will be charged.
When shifting to another date or location:
Only the reimbursement of costs incurred in accordance with the supplier’s conditions. PEAK4 will always issue a final confirmation to the supplier in consultation with the customer.
In the event of an amendment:
After confirmation to a supplier, for the specific program component, any change will be charged according to the supplier’s terms and conditions. PEAK4 will always provide final confirmation to the supplier in consultation with the customer.
6.3 Non-logistical costs
With regard to non-logistical costs, we apply the following conditions for cancellation, relocation or transfer:
For a complete cancellation, we apply:
More than three weeks prior to the start date of the program/program component, 0% of the budgeted cost of the program/program component will be charged.
Three weeks prior to the start date of the program/program component up to eight days, 50% of the budgeted cost of the program/program component will be charged.
Less than one week prior to the start date of the program/program component, 100 % of the budgeted cost will be charged.
In case of relocation, we apply:
2 weeks prior to the program/program component, we will charge 50% of the budgeted cost.
In the event of an amendment, we apply:
After confirmation to a supplier, for the specific program component, any change will be charged according to the supplier's terms and conditions. PEAK4 will always provide final confirmation to the supplier in consultation with the customer.
7. FORCE MAJEURE
7.1 In the event of force majeure, PEAK4 has the right to suspend the fulfillment of its obligations towards the Customer or to terminate the Agreement in whole or in part without owing the Customer or a third party any compensation, at the discretion of PEAK4.
7.2 Force majeure includes any circumstance beyond the control of PEAK4 or any circumstance that cannot be reasonably foreseen by PEAK4and which temporarily or permanently prevents PEAK4 from fulfilling its obligations under the Agreement. Such circumstances include war, threat of war, terrorist attacks or threat thereof, uprisings or other violations of public order, fire, natural disasters, strikes, restrictive government measures, as well as the total or partial failure of third parties to provide goods or services.
8.1 Notwithstanding the provisions of the Agreement, the following exclusions or limitations of liability will apply on the part of PEAK4.
8.2 PEAK4 is not liable for any damages suffered by the Customer, Program Participants or third parties as a result of any failure, tort, or other event unless the damages are directly and exclusively due to gross negligence or intent on the part of PEAK4.
8.3 PEAK4 is not liable for any damages resulting from incorrect or incomplete information provided by the Customer.
8.4 Only damage in respect of which the Customer has conclusively proven that it is due to a circumstance or event for which PEAK4 can be held liable will be eligible for compensation. In such case, the amount of compensation will be limited to an amount equal to the amount of the Cost Overview as specified in the Agreement. PEAK4 is under no circumstances liable for a higher amount than the amount paid out under its (professional) liability insurance.
8.5 The Customer is liable to PEAK4 for any damage suffered by PEAK4 in or in connection with the performance of the Agreement as a result of an act or omission by the Customer or of an unsafe circumstance within the Customer's organization.
8.6 The limitation of liability referred to in this Article also extends to persons employed by PEAK4 or persons engaged by PEAK4 for the implementation of the Program.
9. INTELLECTUAL PROPERTY
9.1 Insofar as any copyright, trademark, design, tradename, or other intellectual property rights are vested in the products and services supplied by PEAK4 for the performance of the Agreement, PEAK4 is and will remain the holder (by virtue of licenses from third parties) or owner of these rights, respectively. The Customer only acquires a non-transferable right of use insofar as this is necessary for the performance of the Agreement. The customer may only use the material carriers of these rights for the purpose for which they have been provided to the Customer. Any other use of these rights, e.g., storage, reproduction, duplication, or modification of the information in question, is not permitted without the express permission of PEAK4.
10. CONFIDENTIAL INFORMATION
10.1 PEAK4 and the Customer are aware of the fact that during the preparation and execution of this Agreement and during the Program itself, confidential information may be exchanged verbally or in writing regarding the other party, its employees, Participants, and (affiliated) companies. This information includes, but is not limited to:
● non-public technical information or business data of PEAK4 and Customer, such as information related to know-how, techniques, research and development, products and services, finances, customers or marketing plans.
● Other information from PEAK4 or the Customer that is designated orally or in writing as "Confidential".
all except to the extent that such information has already been placed in the public domain by the other Party or otherwise.
10.2 PEAK4 and the Customer will at all times maintain confidentiality with respect to all confidential information referred to in the first paragraph unless expressly agreed otherwise.
11. CUSTOMER OBLIGATIONS
11.1 The Customer and Participants are obliged to follow all instructions regarding the Program from PEAK4 and from the third parties engaged by PEAK4, both prior to and during the Program.
11.2 PEAK4 has the right, at the sole discretion of PEAK4, to exclude a Participant who causes a nuisance or inconvenience from further participation in the Program. All costs related to the exclusion will be borne by the Customer.
11.3 The Customer will ensure adequate insurance with full coverage for all Participants.
11.4 The Customer will ensure that the Participants are in possession of the required - valid - travel or other documents.
12.1 All Agreements between PEAK4 and the Customer are governed by and construed in accordance with Dutch law.
12.2 Any disputes will in the first instance be submitted exclusively to the competent court in Amsterdam.
PEAK4 will do everything possible to serve its clients and participants optimally. But despite this, it could happen that you are dissatisfied about something. If this is the case, please contact us as soon as possible. Your complaint or comment will be taken very seriously, and we will work with you to find a suitable solution.
The PEAK4 management is responsible for dealing with your complaint. Complaints are often best solved by having a good conversation, either by phone or in person. For this reason, we invite you to first contact the relevant manager/project leader to make a consultation appointment.
If the complaint is not resolved after consultation, please submit the complaint
in writing by post to:
De Mediator Groot Amsterdam
Tel: 06 21 11 66 14
Upon receipt of your complaint, our complaints officer will deal with it as quickly as possible and consult with you and any other parties involved in order to find a satisfactory solution. If we are unable to respond within 5 working days, he or she will, in any case, confirm receipt of your complaint within 5 working days.
We strive to deal with the complaint satisfactorily within 3 weeks. Should this take longer than three weeks, we will inform you of the reason and keep you updated on the procedure's progress. In that case, we will also indicate to you when we expect to be able to give you a definitive answer.
After the conclusion, you will receive a reasoned assessment of your complaint, and we will inform you of the measures we will take.
After a binding decision by the independent third party, De mediator Groot Amsterdam the only option is to go to court.