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Terms and Conditions

Article 1. Definitions 

In these general terms and conditions, the following definitions apply: 

Contractor: Stay Magical by Nancy uses these general terms and conditions for the provision of services.

Client: the other party of the contractor, being persons and/or organizations that purchase a service from Stay Magical By Nancy.

Agreement: a contract between the client and Stay Magical By Nancy regarding an agreed service such as individual guidance, daytime activities, coordination, advice, coaching, a training, workshop, lecture or other service.

Article 2. Applicability of these terms and conditions 

These terms and conditions apply to every offer and every agreement between Stay Magical By Nancy and client on which Stay Magical By Nancy has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.

The present terms and conditions also apply to all agreements with Stay Magical By Nancy for the implementation of which third parties must be involved.

Unlawfully onerous general terms and conditions of the client are emphatically not recognized and are rejected.

Article 3. Offers and prices 

The Stay Magical By Nancy prices are without obligation. Stay Magical By Nancy reserves the right to change prices if it deems this necessary.

The prices mentioned are inclusive of VAT. Prices are based on the Stay Magical By Nancy available information.

Article 4. Execution of the agreement 

Stay Magical By Nancy will execute the agreement to the best of its knowledge, ability and in accordance with the requirements of good workmanship.

If and insofar as this is required for the proper execution of the agreement, Stay Magical By Nancy has the right to have certain activities performed by third parties.

Stay Magical By Nancy is not liable for damage, of whatever nature, because Stay Magical By Nancy is provided with incorrect and/or incomplete information provided by the client, unless it should have been aware of this inaccuracy or incompleteness.

Article 5. Contract duration; execution time 

The agreement between Stay Magical By Nancy and the client are entered into for an indefinite period unless the parties expressly agree otherwise in writing.

If changes or additions to the agreement have financial consequences, Stay Magical By Nancy informs the client about this in advance.

Article 6. Confidentiality 

All parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreements. Information is considered confidential if this has been communicated by each party or if this results from the nature of the information or if the participants can reasonably assume that it is confidential information.

Article 7. Termination 

Both parties may terminate the agreement verbally or in writing at any time; 

If costs arise due to termination of the client because Stay Magical By Nancy cannot or cannot sufficiently fulfill its obligations towards participants, those costs will be recovered at the expense of the client.

Article 8. Defects, complaint term 

Complaints about the work performed must be reported to Stay Magical By Nancy ​​in writing by the client within 8 days after discovery, but no later than 14 days after completion of the work in question!

If a complaint is justified, Stay Magical By Nancy will still perform the work as agreed; unless this is now useless for Stay Magical By Nancy or the participant.

If it is no longer possible or useful to perform the agreed services, Stay Magical By Nancy is only liable within the limits of Article 13.

Article 9. Fee 

Depending on the nature of the assignment, the parties can agree on a fixed fee for the duration of a project, or apply an hourly rate, depending on the nature of the assignment. 

Any cost estimates are inclusive of VAT. 

If Stay Magical By Nancy agrees a fixed fee or hourly rate with the client, then Stay Magical By Nancy is nevertheless entitled to increase this fee or hourly rate. Stay Magical By Nancy may pass on price increases, if Stay Magical By Nancy can demonstrate that significant price changes have occurred between the time of offer and delivery with regard to, for example, wages and/or comparable market rates.

Article 10. Payment 

Payment will only take place after invoicing from Stay Magical By Nancy to client. The client pays these costs within 7 days of the invoice date. 

The payment conditions apply to all oral and written agreements. 

If the client has not paid the amount due within 7 days of the invoice date, the client will receive a payment reminder. If the client does not comply with the payment reminder within 7 days, then Stay Magical By Nancy is entitled to take collection measures, or to have this carried out by third parties. All costs related to this claim are for the account of the client. 

In case of payment arrears, Stay Magical BY Nancy is entitled to suspend further treatment until the client has fulfilled the payment obligation. 

Appointments must be canceled at least 24 hours before the time of the appointment. If you do not cancel in time for the appointment, Stay Magical By Nancy is entitled to charge the reserved time.

Article 11. Liability 

If Stay Magical By Nancy is liable, then that liability is limited as follows: 

The liability of Stay Magical By Nancy is limited to the invoice value of the assignment, at least that part of the agreement to which the liability relates. 

The limitations of liability included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Stay Magical By Nancy.

Stay Magical By Nancy is never liable for consequential damage.

Article 12. Force majeure 

Force majeure is understood in these general terms and conditions, in addition to what is understood in this regard in law and jurisprudence, all external causes, foreseen or not foreseen, to which Stay Magical By Nancy cannot exert any influence, but through which Stay Magical By Nancy is unable to fulfill its obligations. 

Stay Magical By Nancy also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Stay Magical By Nancy should have fulfilled its commitment. During force majeure, the obligations of Stay Magical By Nancy suspended. If the period during which the fulfillment of the obligations by Stay Magical By Nancy is not possible lasts longer than 2 months, both parties are authorized to dissolve the agreement without there being an obligation to pay compensation in that case. 

When the force majeure occurs, Stay Magical By Nancy has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to the already performed invoices and the participant is obliged to pay this invoice as if it concerned a separate agreement.

Article 13. Dispute Resolution 

The parties agree to handle disputes to the best of their knowledge and to ensure that a settlement acceptable to all parties is pursued within reasonable limits and term. 

If no agreement is reached in accordance with paragraph 1. the judge in the place of residence (Rechtbank Maastricht) of Stay Magical By Nancy is exclusively authorized to take cognizance of disputes, unless the subdistrict court is competent. Nevertheless, Stay Magical By Nancy has the right to sue its other party before the competent court according to the law.