Terms and Conditions - Braaf voor Honden

Braaf voor Honden, located in Geulle aan de Westbroek, is registered with the Chamber of Commerce under number 206902797.

Article 1: Definitions, in these terms and conditions, the following terms shall have the meanings ascribed to them:

Braaf voor Honden: the aforementioned business specialized in behavior and welfare of dogs, offering courses and behavior therapy to one or more persons.
Services: dog training courses, behavior therapy, training, telephone consultations, and advice/guidance on behavior and welfare, particularly of dogs, provided by Braaf voor Honden.
Participant/client: the client who wishes to make use of the services of Braaf voor Honden. Also the legal owner of the animal(s) undergoing treatment and/or responsible for that animal, authorized to request behavior guidance or a dog training course.
Agreement/assignment: an agreement/assignment of independent service provision whereby Braaf voor Honden commits to the client by offering its services for an agreed fee.
Contract period: the predetermined and agreed duration of the services provided by Braaf voor Honden, comprising one or more appointments concerning behavior therapy and/or training for dogs and/or advice/guidance on behavior and welfare of animals and/or courses.

Article 2: Formation of the Agreement

These terms and conditions apply to all assignments and agreements entered into by the participant/client with Braaf voor Honden.
An agreement/assignment can be entered into by responding to Braaf voor Honden’s offer through verbal or written agreements. Upon agreement following a telephone call or email, the participant/client will receive a confirmation email at the email address provided by the participant/client with the agreed appointment.
In the case of a dog training course, the participant is obliged to pay the course fee by bank transfer 14 days prior to the first day of class upon registration.
In the event of non-payment by the due date, Braaf voor Honden reserves the right to refuse the participant from participating in the dog training course.
If the participant is a minor, the signature of a parent or legal guardian is required. If a minor participant has previously attended a course at Braaf voor Honden, verbal confirmation from the parent or legal guardian is sufficient.
No commitments by Braaf voor Honden are binding unless confirmed in writing by Braaf voor Honden.

Article 3: Execution of Services

Braaf voor Honden is responsible for maintaining its knowledge, skills, and expertise to execute its services to the best of its ability.
The participant/client shall, to the best of their ability and as far as circumstances allow, during the duration of the services, follow the instructions, advice, and practical guidance provided by Braaf voor Honden. The participant/client shall also focus on improving/maintaining the well-being of their animal(s), in line with the vision of Braaf voor Honden.
Animals visited and treated by Braaf voor Honden, as well as animals participating in courses, must be free from infectious diseases or parasites (vaccinated or assessed by titer testing).

Article 4: Eligibility for Dog Courses

Braaf voor Honden determines when and if a participant qualifies for a specific course or course day offered by Braaf voor Honden.
If a participant is younger than 16 years old, Braaf voor Honden reserves the right to determine if the participant is suitable for the respective course.
If a participant is younger than 16 years old, they must always be accompanied by a parent or legal guardian.
Braaf voor Honden determines that a dog may not participate in a course if there is reasonable cause to believe that the dog poses a risk to other participants and dogs. This includes considerations for the health of the participants and dogs.
Participants must use only a flat collar or a harness with buckle or snap closure for their dogs. Slip collars, prong collars, half checks, and similar devices are not allowed on the premises of Braaf voor Honden.
The participant qualifies for the course only when the dog has been vaccinated according to regular vaccinations. For the puppy course, this means the second vaccination has already been administered.
Before the course begins, Braaf voor Honden requests the dog passport of the dog participating in the course.
Visitors brought by the participant are welcome at the designated area designated by Braaf voor Honden, upon prior written notification at least 48 hours in advance. Braaf voor Honden will confirm in writing whether this is feasible.

Article 5: Cancellation of Course Lessons

The continuation of the training is determined by Braaf voor Honden. If a lesson is canceled, the trainer/instructor will notify the participant in advance, either by phone or in writing. If the trainer/instructor fails to notify, the lesson will proceed as scheduled. Lessons canceled by Braaf voor Honden will be rescheduled.
Participants are required to notify at least 24 hours in advance if they are unable to attend a lesson.
Cancellation should be communicated by phone or email to selma@braafvoorhonden.nl.
Lessons canceled by the participant automatically expire. Make-up lessons are only possible in exceptional cases and upon mutual agreement with the dog school via email. There will be no refund for missed lessons under any circumstances.
If the participant fails to attend the scheduled training due to personal circumstances, this remains the responsibility of the participant.
In group classes, the participant has the right to send a substitute, provided the substitute is familiar with the exercises.
In case of trainer illness/absence:
Braaf voor Honden will arrange for a substitute trainer/instructor; or The trainer/instructor will reschedule the missed lesson for a later date/time to be determined.

Article 6: Amendment or Termination of the Agreement

If during the provision of services it becomes necessary to extend the contract period, Braaf voor Honden and the participant/client may mutually adjust the agreement in accordance with Article 2.
Early termination is possible upon agreement between Braaf voor Honden and the participant/client.
Braaf voor Honden reserves the unilateral right to terminate the agreement prematurely in the following cases: (a) serious disruption of trust between Braaf voor Honden and the participant/client, or if the participant/client handles their animal(s) in a manner contradictory to Braaf voor Honden’s approach; (b) if Braaf voor Honden deems it necessary to refer the participant/client to third parties for further treatment.
- a) In the event of serious disruption of trust between Braaf voor Honden and the participant/client, or if the participant/client handles their animal(s) in a manner contradictory to Braaf voor Honden’s approach, Braaf voor Honden will inform the participant/client about this before terminating the agreement, unless this is not possible or timely.
- b) If Braaf voor Honden decides during the provision of its services that it is necessary to refer the participant/client to third parties for further treatment, Braaf voor Honden will extensively inform the participant/client about this decision and provide clear justification. Additionally, in this case, Braaf voor Honden will only charge the participant/client proportionally for the services already provided.
Braaf voor Honden reserves the right to refuse a participant/client if they refuse to cooperate with a prescribed therapy or course, or if any form of therapy/course proves to be impossible.
Braaf voor Honden may terminate the agreement immediately and without stating reasons if:
- a) the participant/client is declared bankrupt;
- b) the participant/client is granted (provisional) suspension of payments (moratorium);
- c) the participant/client is sentenced to (whether or not conditional) imprisonment for a criminal offense;
- d) the participant/client acts in violation of the law.
The agreement automatically terminates upon the expiration of the contract period, without requiring termination by either party.

Article 7: Fees

Braaf voor Honden is entitled to compensation for its services, as determined in the agreement for independent service provision.
The conclusion of the agreement in accordance with Article 2 always leads to an unconditional obligation to pay. This applies to both dog training courses and behavior therapy.
Braaf voor Honden determines how the compensation must be paid (cash or bank transfer) before the specified due date on the respective invoice.
If the client unilaterally cancels the dog training course before the announcement of the course dates, this is free of charge. If the client unilaterally cancels after the announcement of the course dates, 50% of the total costs will be charged.
In case of unilateral cancellation after lessons have been attended by the client, in addition to the aforementioned costs, a reasonable fee according to Article 7:411 of the Dutch Civil Code will be charged for each of these lessons. The reasonable fee per attended lesson amounts to 50% of the total course price divided by the total number of lessons.
If the client unilaterally cancels a scheduled appointment for behavior therapy within 7 days prior to the appointment, 50% of the total costs will be charged.
However, if the client unilaterally cancels a scheduled appointment for behavior therapy or a private lesson within 24 hours prior to the appointment, the full payment obligation remains in place.
If Braaf voor Honden is forced to cancel an appointment due to force majeure or circumstances, Braaf voor Honden will attempt to inform the client about this cancellation in a timely manner via telephone. If, despite efforts, the client does not receive timely notice of the cancellation, they cannot derive any rights from not receiving the cancellation notice.
The client is in default if payment is not made on or before the due date. If the invoice remains unpaid after 2 or more reminders, Braaf voor Honden may terminate the agreement. From that moment onwards, Braaf voor Honden may also charge legally permissible collection costs and/or transfer the claim to a debt collection agency. Additionally, starting from the moment of termination, the client owes Braaf voor Honden default interest, equal to the statutory interest rate pursuant to Article 6:119 of the Dutch Civil Code.
Any complaints regarding the invoice must reach Braaf voor Honden within 8 days from receipt of the invoice.

Article 8: Non-performance

If Braaf voor Honden or the client fails to fulfill one or more obligations, the other party may suspend performance of the corresponding obligation(s) to the extent justified by the breach.
If Braaf voor Honden or the client, even after a reminder, fails to fulfill one or more obligations under the agreement, the other party may terminate the agreement, unless the breach, due to its special nature or minor significance, does not justify termination.

Article 9: Liability

Braaf voor Honden makes every effort to ensure the timeliness and accuracy of the information and/or advice provided. However, the use of this information and/or advice is always at your own risk. Braaf voor Honden will reasonably do its utmost to achieve the desired result of the treatment. Additionally, an assessment/forecast will be provided regarding the possibility of behavioral change in the animal. Braaf voor Honden is not liable for the failure to achieve the desired result expected by the client. In case the desired result is not achieved, the obligation to pay remains unaffected.
Braaf voor Honden is not liable for any damage/injury to you, your property, your animal(s), or third parties, incurred during or after the provided service.
Participation in behavior therapy, training, and courses provided by Braaf voor Honden is at your own risk.
The client is always liable for the behavior of their animal(s). Entering into an agreement with Braaf voor Honden does not change the strict liability of the client and/or third parties for damage caused by an animal as stipulated in Civil Code 6, Article 179 (NL) or Civil Code Article 1385 (BE).
The client is obligated to have appropriate liability insurance for the animal under treatment and/or participating in a course. Specifically, the client must have taken out a private liability insurance (NL) or a civil liability insurance (BE) for the animal.

Article 10: Confidentiality

Braaf voor Honden will treat all information provided to it as confidential to the extent required by the nature of the information or upon explicit request of the client.
Disclosure to third parties will only occur after consultation with the client and only when Braaf voor Honden is convinced that it will serve the interests of the client and the animal(s) or the environment.
In the case of behavior therapy, the report prepared by Braaf voor Honden will always be shared with the attending veterinarian without prior consultation.
Braaf voor Honden will not use received or captured video and/or photographic material during behavior therapy and training for purposes other than the behavioral treatment, unless the client has given written or verbal consent.
Braaf voor Honden reserves the right to use the knowledge gained through the execution of its services for other purposes, provided that no confidential information is disclosed to third parties.

Article 11: Intellectual Property (including copyright)

All documents provided by Braaf voor Honden, such as course materials, advice, methods, step-by-step plans, tools, visuals/illustrations, reports, and guidelines are solely intended for use by the client in relation to the services of Braaf voor Honden and may not be reproduced, disclosed to third parties, or made public without prior written consent from Braaf voor Honden.

Article 12: Provision of Information by Client

The client is obligated to provide all information that Braaf voor Honden deems necessary for the execution of the provided advice, in a timely manner and in the desired format and manner. The client is responsible for the accuracy, completeness, and reliability of the information provided to Braaf voor Honden, unless otherwise specified by the nature of the assignment.
Processing of personal data (‘personal data’) is conducted in accordance with the requirements of the General Data Protection Regulation.
Responsible for the registration of your personal data is Braaf voor Honden, located in Geulle.
Braaf voor Honden processes personal data for the following purposes:
- a) To perform the services for which it is engaged.
- b) To comply with administrative obligations imposed on it by law.
For the aforementioned processing of data, the following legal grounds exist:
- a) Legal obligation;
- b) Execution of the service agreement.
Personal data obtained in the context of the assignment will be kept for the duration of the legal retention period.
Under the law, the client has the right in certain cases to:
- a) Access all personal data that Braaf voor Honden has stored about him/her;
- b) Correct and supplement his/her personal data to rectify errors or inaccuracies;
- c) Delete his/her personal data or temporarily suspend its processing;
- d) Receive a digital file of all personal data that Braaf voor Honden holds about him/her so that he/she can transfer it to another party;
- e) Lodge a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) if he/she believes that the provisions of this statement or the General Data Protection Regulation are not being complied with.
Personal data of the client is handled securely by Braaf voor Honden. Braaf voor Honden implements all necessary security measures to prevent unauthorized access to this data.
The client has the right to object to the registration of his/her personal data at any time. He/she can submit a written and reasoned request for this purpose.
This privacy statement takes effect on October 22, 2023. Braaf voor Honden reserves the right to amend this statement.
The dossier formed in connection with an assignment will be retained for 5 years, after which it will be destroyed.

Article 13: Complaints

If the client is not satisfied with Braaf voor Honden or the services provided by Braaf voor Honden, the client may lodge a complaint with Braaf voor Honden. Braaf voor Honden will work together with the client to try to resolve the issue.

Article 14: Final provisions of these general terms and conditions

Braaf voor Honden reserves the right to amend these terms and conditions from time to time without prior notice. The version of the terms and conditions that applies is the version found on www.braafvoorhonden.nl at the time of entering into the agreement.
All costs incurred by Braaf voor Honden, both judicial and extrajudicial, to preserve its rights regarding the collection of amounts owed by the client, shall be borne by the client.
Unless expressly agreed otherwise, all agreements to which these General Terms and Conditions apply shall be governed by Dutch law. The competent court shall be the court designated by law for this purpose.