1. Without prejudice to the application of any special conditions included in separate written agreements, these general terms and conditions apply to every offer, quotation or agreement between Mossels From Brossels and its Customer or Partner. In the event of a conflict between these general terms and conditions and any separate written agreement, the provisions of the separate written agreement shall apply. Acceptance of these general terms and conditions also implies that the Customer or Partner completely waives the application of its own general terms and conditions.
2. The following are considered an Activity: the team building activities and workshops offered on and that can be booked via www.mosselsfrombrossels.net or a company URL originating from Mossels From Brossels. A Customer is considered to be: the person who searches for an activity, requests a quote or books with or via Mossels From Brossels. A Partner is considered to be: the person who has entered into a cooperation agreement with Mossels From Brossels for the organization of an Activity.
3. The quotations of Mossels From Brossels are, unless otherwise agreed in writing, valid for a period of 14 days, after which Mossels From Brossels has the right to unilaterally change the quotation. The quotation is considered accepted when the Customer confirms in writing. A changing, modified or supplementary order may result in an increase of the agreed price.
4.1 The reservation at Mossels From Brossels is only final after payment of the deposit (50%).
4.2 The (advance) invoices of Mossels From Brossels are payable to Mossels From Brossels within 14 days after the invoice date. In case of late payment, an interest of 10% per year is due from the due date of the invoice. In addition, after unsuccessful notice of default, a fixed compensation clause is due of 12% of the amount still due, with a minimum of 25.00 EUR.
5.1 If at any time Mossels From Brossels has doubts about the creditworthiness of the Customer due to acts of judicial execution against the Customer, in the event of non-payment or late payment of one or more invoices and/or any other demonstrable event, Mossels From Brossels expressly reserves the right to demand advance payment for services yet to be performed, or to request (other) securities. If the Customer refuses to comply with the request of Mossels From Brossels, Mossels From Brossels reserves the right to immediately terminate the agreement unilaterally and without any compensation or, in the event of non-payment, to suspend its services at the discretion of Mossels From Brossels. In addition, in the event of non-payment of an invoice on the due date, all outstanding claims on the Customer shall become due and payable by operation of law and without prior notice of default.
5.2 Mossels From Brossels also reserves the right to immediately terminate the agreement unilaterally and without any compensation if the Customer, despite written notice of default with a term of at least seven (7) calendar days, fails to (timely and properly) fulfil one or more obligations arising from the agreement.
5.3 If Mossels From Brossels proceeds to immediate and unilateral dissolution in the cases described above, the Customer shall owe a fixed compensation of 10% of the total price of the order. In such case, Mossels From Brossels also reserves the right to claim compensation for the costs, interest and damages that Mossels From Brossels has suffered and all claims of Mossels From Brossels on the Customer shall become immediately due and payable.
5.4 An additional service fee will also be charged for the services provided by Mossels From Brossels. This service fee is for our administrative and accounting processes and ensures that we can continue to guarantee the operation of the platform. The service fee will only be settled after approval of the quote. Requesting a quote is therefore always free.
6.1 If a booking is cancelled due to force majeure (weather, pandemic, etc.), Mossels From Brossels will provide the CLIENT with a voucher for the amount of any advance payments already made by the CLIENT, so that the booked Activity can be organised at a later date. In the event of cancellation less than two working days before the event, we will ask for the full amount as compensation.
6.2 In the event of unilateral (full or partial) cancellation of a booked Activity by the Customer, the Customer remains obliged to pay the costs already incurred, for concept, research, etc., and compensation for the loss of profit by Mossels From Brossels. This compensation is fixed at 50% of the price on the accepted offer, without prejudice to the right of Mossels From Brossels to claim payment of higher actual damages.
6.3 In the event of unilateral (full or partial) cancellation of a booked Activity by the Customer less than 14 days before the planned event, the Customer remains obliged to pay the price on the accepted quotation.
Mossels From Brossels does not guarantee the flawless functioning of a computer configuration, due to external factors (power failure, lightning, etc.) as well as factors specific to the computer configuration (network failures, etc.), which can lead to unexpected loss of programs and/or data.
8.1 Mossels From Brossels is insured for its professional civil liability with Belfius.
8.2 Mossels From Brossels is not liable to the Customer for serious or intentional errors committed by its Partner, employees, staff and/or representative in the context of the Activity. Mossels From Brossels is only liable for its own deceit, fraud and intentional error.
8.3 Mossels From Brossels undertakes to provide the Customer with information regarding the agreement prior to concluding the agreement.
8.4 To the extent that Mossels From Brossels is dependent on the cooperation, services and deliveries of third parties (such as but not limited to the Partner) in the performance of its obligations, it cannot be held liable for any damage resulting from their error, including their gross negligence or intentional error.
8.5 Mossels From Brossels is not responsible for any damage or destruction of objects of the Customers, except when the damage or destruction is due to gross negligence on the part of Mossels From Brossels. In the event of damage or loss of material made available by Mossels From Brossels or the Partner during events, any lost or damaged object will be charged to the Customer at the current purchase price. The Customer is liable for all damage caused by inappropriate or unsafe behavior of its participants or employees.
8.6 Mossels From Brossels is not liable for damage suffered by third parties as a result of the Activity. The Customer undertakes to take out insurance for the duration of the event that covers its civil liability.
8.7 Mossels From Brossels has the right to cancel an activity if it threatens to pose a danger to its employees, its materials and/or to third parties, if the weather conditions could disrupt the smooth running of the activity or if the event is prohibited or prevented by the government for any reason (e.g. due to a pandemic). Mossels From Brossels can in no case be held liable for any form of compensation, but does provide a voucher for the CUSTOMER for any advance payments already made.
8.8 Mossels From Brossels and the Customer shall not be obliged to fulfil any obligation if they are prevented from doing so as a result of force majeure, with the exception of the vouchers as provided for in article 8.7. Force majeure shall not be understood to mean, but is not limited to, the failure of the Partner to properly fulfil its obligations, as well as defectiveness of goods, materials, third-party software, the use of which has been prescribed by the Customer or Mossels From Brossels, as well as a pandemic, natural phenomena such as floods, storms, etc., and all circumstances beyond the reasonable control of the parties.
8.9 The contractual and non-contractual liability of Mossels From Brossels and the Customer is at all times limited to an amount of EUR 25,000 per claim. Any claim for damages shall lapse by operation of law if it is not brought before a competent court within a period of 3 years after the facts on which the claim is based were known or could reasonably have been known.
If the Activity is recorded on video or photo, Mossels From Brossels or the Partner will ask for permission in advance. Unless this concerns a product or service obtained through a promotion, in which case Mossels From Brossels has the right to take recordings via video or photo without further permission from the Customer.
For the privacy policy, please refer to the Privacy Policy on www.mosselsfrombrossels.net.
The nullity of any clause of the general terms and conditions shall not lead to the nullity of other clauses of these general terms and conditions.
The agreements with Mossels From Brossels are subject to and will be interpreted according to Belgian law. Any dispute relating to the conclusion, validity, execution and/or termination of these agreements will, in the absence of an amicable settlement, be settled by the courts of the judicial district of Brussels.