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Article 1. Definitions
a. Carlos & Mirella: the user of these general terms and conditions: CM DanceFusion acting under the name “Carlos & Mirella”, located at Apeldoornselaan 184 in The Hague, registered at the Chamber of Commerce under Chamber of Commerce number 61672106;
b. agreement: the agreement between Carlos & Mirella and the student;
c. student: the natural person who enters into an agreement with Carlos & Mirella or who participates in the dance class;
d. dance class: the dance class, workshop or any other (dance) activity provided by Carlos & Mirella;
e. private lesson: the private dance lesson provided by Carlos & Mirella;
f. location: the location where the dance class is given;
g. personal data: data with which a natural person can be identified;
h. data subject: the natural person to whom the personal data relates;
i. website: the website carlosmirella.com.
Article 2. General
2.1. These terms and conditions apply to every agreement between Carlos & Mirella and the student and to every participation in a dance class.
2.2. Deviating conditions are only part of the agreement insofar as those conditions are explicitly agreed in writing or via e-mail.
2.3. If one or more of the provisions in these terms and conditions are invalid or should be destroyed, the remaining provisions of these terms and conditions remain fully applicable. The invalid or voided provisions will be replaced by Carlos & Mirella, whereby the aim and scope of the original provision (s) will be taken into account wherever possible.
2.4. Carlos & Mirella has the right to change these terms and conditions. The version of the general terms and conditions that applied at the time of the conclusion of the agreement always applies, unless the student has agreed to the new version of the general terms and conditions after the agreement was concluded.
2.5. If Carlos & Mirella does not always demand strict compliance with these terms and conditions, this does not mean that the provisions thereof are not applicable, or that Carlos & Mirella would lose the right to some extent to the strict observance of the provisions of these conditions in other cases. general terms and conditions.
Article 3. Offer and prices
3.1. Carlos & Mirella’s offer is without obligation.
3.2. An offer does not automatically apply to future agreements.
3.3. Obvious errors or mistakes in publications, agreements, e-mail messages or on the website do not bind Carlos & Mirella.
3.4. Carlos & Mirella has the right to adjust its prices from time to time.
3.5. Mentioned prices include VAT.
3.6. If a student wishes to receive a 20% discount on the course fee, he must submit his student card to Carlos & Mirella prior to or during the first dance lesson.
Article 4. Formation of the agreement
4.1. The agreement is established after the student has submitted the completed registration form via the website or after the student has explicitly agreed to the offer of Carlos & Mirella in any other way.
4.2. After the agreement has been concluded, Carlos & Mirella will send the student a confirmation via e-mail.
4.3. A registration for a course is personal and not transferable.
Article 5. Payment
5.1. Payment of the course fee must be made in advance in one go.
5.2. Deviating payment agreements, such as payment in installments or deferment of payment, are only possible if Carlos & Mirella has given her explicit consent via e-mail.
5.3. If the student does not pay on time, Carlos & Mirella will send the student a payment reminder in which the student is requested to pay the outstanding invoice amount within 14 days. If the student does not respond to the payment reminder, Carlos & Mirella has the right to hand over the claim. All costs, both judicial and extrajudicial, which Carlos & Mirella must incur to collect the claim (s) against the student, are for the account of the student. The extrajudicial collection costs amount to 15% of the claim with a minimum of € 40.
5.4. As long as Carlos & Mirella has not received the full course fee from the student, Carlos & Mirella has the right to deny the student access to the dance class, unless a different payment agreement has been made with the student.
Article 6. Cancellation
6.1. Canceling participation in the course or a dance class is possible up to two weeks before the start, unless it is a private class. There are no costs associated with this cancellation. If the student cancels participation in the course or a dance class less than 2 weeks before the start, then a cancellation fee will be charged to the student. The cancellation costs are:
a. Cancellation less than 2 weeks and more than 24 hours before the start of the course or dance class: 50% of the tuition fee;
b. If canceled 24 hours or less before the start of the course or the dance class: 100% of the tuition fee.
6.2. Cancellation must be in writing or via e-mail.
6.3. Invoicing of the cancellation costs is done via e-mail.
Article 7. Course and location
7.1. The times of the dance class, the location of the dance class and how many dance classes the course consists of are communicated to the student via e-mail and are stated on the website.
7.2. The days on which Carlos & Mirella is closed, for example due to holidays, are clearly stated on the website.
7.3. If the student misses a dance class within the course of the course, this does not entitle the student to a refund of (part of) the course fee paid. If possible, this at the discretion of Carlos & Mirella, the student can catch up with a dance class in consultation with Carlos & Mirella within the course of the course.
7.4. Carlos & Mirella has the right to change the location during the course if there is good reason to do so. The student will be notified of such a change as soon as possible.
Article 8. Private lessons
8.1. The booking of a private lesson is final once Carlos & Mirella has sent the student a confirmation via e-mail.
8.2. An agreed private lesson cannot be canceled free of charge.
8.3. Reimbursement of the costs for a private lesson is not possible.
8.4. The private lesson (s) must be paid per bank prior to the private lesson, for this the invoice will be sent to the student via e-mail (unless different arrangements have been made via e-mail). Payment must be made within 5 days of the invoice date. Then the booking expires and the place is released again. In the case of a package or several private lessons, the full amount must be paid in advance in one go.
8.5. Private lesson packages are not valid indefinitely. A package of 5 private lessons is valid for a maximum of 3 months, starting on the first lesson date. After this, the package and all remaining lessons automatically expire, without the student being able to claim a refund of (part of) the tuition fees paid.
8.6. An appointment for a private lesson can be postponed free of charge up to 24 hours before the start of the private lesson. The request to postpone a private lesson must be submitted by telephone or by email to Carlos & Mirella. When shifting a private lesson, the student should take into account that Carlos & Mirella has a full agenda and that there is a good chance that there will be little or no availability in the short term.
8.7. In the event of a no-show or if the student wishes to postpone the appointment for a private lesson less than 24 hours before the start of the private lesson, a new appointment cannot be made free of charge for the private lesson and the amount for the private lesson remains fully due.
8.8. The student must be on time for his private lesson.
8.9. The student is welcome a maximum of 5 minutes before the start of the private lesson to quietly change his shoes and prepare. In case the student arrives late, the lesson is not extended and the lesson will stop at the agreed time.
8.10. Photographs and / or videos taken during private lessons with the permission of Carlos & Mirella are for personal use only and may absolutely not be made public, such as posting photos and / or videos on one or more (social media) websites.
8.11. Carlos & Mirella may postpone the appointment for a private lesson if there are good reasons (including force majeure as described in Article 13). Carlos & Mirella will contact the student as soon as possible to pass on other available days to the student and to make a new appointment for the private lesson.
Article 9. Execution of the agreement
9.1. Carlos & Mirella performs the work under the agreement to the best of its knowledge, expertise and ability.
9.2. Carlos & Mirella determines the way in which and by whom the agreement will be executed.
Article 10. Obligations of the student
10.1. The student must wear suitable clothing during the dance class.
10.2. The student is obliged to follow the instructions given by Carlos & Mirella and the house rules of the location.
10.3. The student should discontinue the dance class in case of pain, illness and / or ailment of which the student should reasonably understand that continuing the dance class may be harmful to his health.
10.4. The student is aware that following the dance class injuries and / or other complications can occur without an attributable shortcoming on the part of Carlos & Mirella.
10.5. If the student does not consider himself suitable for the dance class, the student must immediately report this to Carlos & Mirella and cease his participation in the dance class.
10.6. Being under the influence of alcohol or drugs during the dance class is not permitted.
10.7. It is not allowed to smoke at the location.
10.8. The student must have good physical hygiene, such as fresh breath.
10.9. It is not allowed to take photos or recordings in images and / or sound during a dance class without the prior permission of Carlos & Mirella.
10.10. Carlos & Mirella is authorized to prematurely terminate participation in the dance class for students who misbehave during the dance class, who do not observe the house rules or who do not follow the instructions of Carlos & Mirella. The compensation for the dance class remains fully due in that case, without prejudice to Carlos & Mirella’s right to compensation for any damage.
Article 11. Cancellation by Carlos & Mirella
11.1. Carlos & Mirella has the right to cancel the course if it has good reason to do so, such as too few participants or illness of one of the natural persons who gives the course on behalf of Carlos & Mirella. The student will be notified of such a cancellation as soon as possible via e-mail.
11.2. If Carlos & Mirella cancels the course, she will refund the course fee already paid by the student to the student. If cancellation occurs during the course, the course fee will be reimbursed in proportion to the number of dance lessons not taken.
Article 12. Liability and prescription
12.1. Carlos & Mirella cannot be held to compensate for any damage that is a direct or indirect consequence of:
an event that is in fact beyond its control and therefore cannot be attributed to its actions, as described, among other things, in Article 13;
b. any act or omission of the student.
12.2. Carlos & Mirella is not liable for damage of any nature whatsoever, because Carlos & Mirella has assumed incorrect and / or incomplete information provided by the student.
12.3. The student is personally liable for all damage caused to himself or third parties during the dance class. Carlos & Mirella can never be held liable for any injuries, injuries, fractures or other bodily injury that arose during the dance class or during the stay at the location, unless there is a legal liability on the part of Carlos & Mirella that cannot be excluded. Participating in the dance class is entirely at your own risk.
12.4. The student must always behave in accordance with the instructions and rules of conduct given by Carlos & Mirella. If the student refuses to follow these instructions or rules, the student is responsible for any resulting damage.
12.5. Carlos & Mirella is also not liable for loss, damage and / or theft of clothing or other possessions of the student.
12.6. If Carlos & Mirella is liable for damage, then that liability is limited to a maximum of the payment to be provided by the insurance of Carlos & Mirella in the relevant case. If in any case the insurer does not pay out or the damage is not covered by the insurance, then the liability of Carlos & Mirella is limited to the amount that the student has paid Carlos & Mirella for the dance class to which the liability relates.
12.7. The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or willful recklessness on the part of Carlos & Mirella.
12.8. The student must institute all legal claims within 1 year if the student is not satisfied with the work or the actions of Carlos & Mirella. If the student does not act on time, the legal claim will become time-barred.
12.9. If the student should fail to properly comply with what he is required to do against Carlos & Mirella, acts contrary to the law or acts unlawfully towards Carlos & Mirella, then the student is liable for all damages on the part of Carlos & Mirella Mirella therefore directly or indirectly.
Article 13. Force majeure
13.1. Carlos & Mirella is not obliged to fulfill one or more obligations under the agreement if there is force majeure.
13.2. Force majeure is understood to include: virus infection and computer breach by third parties, illness of the natural person giving dance lessons on behalf of Carlos & Mirella, traffic disruption, traffic accident, weather influences, natural disasters, internet disruption, terrorism, war, riots, power disruption, fire, theft, government measures, as well as any other situation over which Carlos & Mirella cannot exercise (decisive) control.
13.3. If there are force majeure situations, Carlos & Mirella will inform the student as soon as possible.
Article 14. Dissolution
14.1. Carlos & Mirella can terminate the agreement without judicial intervention by means of a written or electronic statement if the student does not fulfill his obligations towards Carlos & Mirella and the student has not responded to a sent notice of default in which the student is offered a reasonable period of time to comply. come. A notice of default may be omitted if compliance is permanently impossible.
14.2. Carlos & Mirella is entitled to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be demanded by standards of reasonableness and fairness or if circumstances arise that are otherwise of such a nature that the unaltered maintenance of the agreement cannot reasonably be expected.
Article 15. Confidentiality
15.1. Both parties are required to provide confidential information that they hold in conjunction with. keep the agreement secret. Information is considered confidential if this is indicated by the other party or if this is evident from the nature of the information.
15.2. If Carlos & Mirella is obliged to provide confidential information to a third party designated by law or the competent court on the basis of a legal provision or court ruling, and Carlos & Mirella cannot rely on a legal or competent authority in this regard court recognized or permitted right of change, then Carlos & Mirella is not obliged to pay compensation or compensation and the student is not entitled to terminate the agreement on the basis of any damage caused as a result.
Article 16. Complaints
16.1. Complaints about the dance class must be submitted to Carlos & Mirella in writing or via e-mail as soon as possible after the dance class to which the complaint relates.
16.2. The student must give Carlos & Mirella the opportunity to investigate the complaint. The fact that Carlos & Mirella investigates a complaint does not imply that Carlos & Mirella acknowledges that the work performed is defective.
16.3. If Carlos & Mirella acknowledges that the work carried out is defective, the student must give Carlos & Mirella the opportunity to comply with the agreement, unless compliance with the agreement is no longer possible or useful. The liability of Carlos & Mirella is always limited to what is included in Article 12.
Article 17. Applicable law and competent court
17.1. Only Dutch law applies to the agreement between Carlos & Mirella and the student.
17.2. The judge in Carlos & Mirella’s place of business has exclusive jurisdiction to hear disputes. The student has 1 month after Carlos & Mirella has appealed to the student in writing against this stipulation to choose the competent court according to the law for settling the dispute.
Article 1. Personal data
1.1. Careful handling of personal data is of great importance to Carlos & Mirella. With regard to the processing of personal data, Carlos & Mirella acts in accordance with the General Data Protection Regulation (AVG).
1.2. Carlos & Mirella handles personal data with care and treats it confidentially.
1.3. Carlos & Mirella collects personal data from the data subject when the data subject has provided this data to Carlos & Mirella via the website, has contacted Carlos & Mirella by phone or e-mail or a student provides personal data of a data subject who, as a partner of the student participates in the course.
1.4. Carlos & Mirella collects and processes the following personal data:
first and last name;
c. e-mail address;
d. phone number;
e. postcode, address, house number and place of residence;
f. date of birth.
1.5. Special personal data will only be processed by Carlos & Mirella if this personal data has been voluntarily provided by the data subject to Carlos & Mirella, such as information about the health of the data subject, and the processing is necessary to protect the vital interests of the data subject.
1.6. Carlos & Mirella does not process personal data outside the EU.
Article 2. Basis and purposes of the processing
2.1. The basis for the processing of personal data is the performance of the agreement or, at the request of the data subject, the taking of pre-contractual measures.
2.2. Carlos & Mirella collects and processes the personal data for the following purposes:
a. handling a question and / or comment from the person concerned;
b. the conclusion of the agreement;
c. to execute the agreement;
d. to be able to contact the person concerned i.v.m. the implementation of the agreement;
e. to meet administrative duties.
2.3. The provision of the personal data referred to in Article 1.4 is a contractual obligation. If the data subject does not provide this personal data, the agreement cannot be concluded.
2.4. Carlos & Mirella will not store the personal data for longer than is strictly necessary to achieve the goals, as described in Article 2.2, for which the personal data is processed.
2.5. Carlos & Mirella only processes the personal data that are at least necessary for the existing purposes. Carlos & Mirella strives for minimal data processing.
2.6. Carlos & Mirella will not process the personal data for purposes other than those described above.
Article 3. Erasing of personal data
3.1. Carlos & Mirella will remove personal data from its systems without undue delay, inter alia if:
a. the personal data are no longer needed for the purposes for which they were processed;
b. the data subject objects to the processing of his personal data and this objection is justified;
c. the personal data is incorrect or outdated.
3.2. Carlos & Mirella is not obliged to delete personal data if there is one of the situations described in the law where the “right to forget” does not apply.
Article 4. Providing personal data to third parties
4.1. Carlos & Mirella will provide the personal data of the person concerned to third parties if:
a. Carlos & Mirella has obtained explicit prior permission from the person concerned;
b. one of the legal bases applies to which the provision of personal data to a third party is permitted;
c. it is necessary for the execution of the agreement;
4.2. The data subject can withdraw his consent to provide personal data to third parties at any time.
Article 5. Right of inspection, right to transferability, rectification and removal
5.1. Upon request, Carlos & Mirella grants the data subject access to all personal data that Carlos & Mirella holds of him and Carlos & Mirella provides the data subject with a free copy of this data in such a form so that the data subject himself can provide the personal data to a third party.
5.2. Carlos & Mirella offers the person concerned the opportunity to have any incorrect data that Carlos & Mirella keeps about him corrected or deleted free of charge.
Article 6. Objection
6.1. The data subject can lodge an objection with Carlos & Mirella against the processing of his personal data if he has good reason to do so due to his specific situation. After Carlos & Mirella has received the objection from the data subject, Carlos & Mirella will stop processing the personal data of the data subject, unless Carlos & Mirella has legitimate interests in the processing of personal data that outweigh the interest of the data subject.
Article 7. Right of restriction
7.1. If a request has been submitted by the person concerned in connection with. adjusting, supplementing or deleting his personal data or an objection has been submitted i.v.m. the processing of his personal data and the processing, processing and execution of this request or that objection lasts for some time, the person concerned may request Carlos & Mirella to limit the processing of his personal data.
Article 8. Contact
8.1. For questions about the way in which Carlos & Mirella processes personal data, the withdrawal of a consent i.v.m. the processing of personal data, access to personal data that Carlos & Mirella processes of the data subject, request for a copy of his personal data, the request for modification or deletion of his personal data, the request for limiting the processing of his personal data or submitting objection to the processing of his personal data, the person concerned can contact Carlos & Mirella via the contact details below.
8.2. If Carlos & Mirella corrects, supplements or removes personal data from the data subject at the request of the data subject or terminates or limits the processing of the personal data or has processed a revoked consent, Carlos & Mirella will inform the data subject of this.
Article 9. Security measures
9.1. To prevent unauthorized access to personal data, loss, theft and unauthorized use of personal data, Carlos & Mirella has taken various security measures, including measures against unauthorized access, use, alteration, unlawful and unintended destruction and unintended loss of personal data.
Article 10. Changes
Article 11. Data breach
11.1. If a security incident has occurred at Carlos & Mirella where personal data of a sensitive nature have been leaked or as a result of which there is another serious adverse effect on the protection of the processed personal data, then Carlos & Mirella will, if possible, within 72 report this to the Dutch Data Protection Authority after one hour after the data breach has been established.
11.2. If there is a data breach at Carlos & Mirella that has unfavorable consequences for the privacy of the person concerned, then Carlos & Mirella will immediately inform the person concerned thereof.
Article 12. Submit complaint