GENERAL TERMS AND CONDITIONS CABIN READY

Version 14 February 2025

1 Definitions

a. Course Fees: The costs of the Programme charged to the Client.

b. Service Provider: CABIN READY, registered with the Chamber of Commerce under number 30251109

c. Client: the natural or legal person on whose behalf services are rendered and who acts in the exercise of a profession or business, unless it is expressly stated that the client is a Consumer, i.e. a natural person who does not act in the exercise of a profession or business.

d. Agreement: the agreement concluded between CABIN READY and the Client.

e. Parties: CABIN READY and Client.

f. Programme: The entirety of theatre activities and coaching and guidance as offered by CABIN READY and recorded in the Agreement.

2 Applicability

a. These terms and conditions apply to every offer, quotation and Agreement between CABIN READY and the Client to which CABIN READY has declared these conditions applicable, insofar as the Parties have not expressly deviated from these conditions in writing.

b. These conditions also apply to agreements with third parties engaged by CABIN READY in the context of the assignment.

c. The applicability of other terms and conditions of the Client or a third party engaged by the Client is expressly rejected.

d. If one or more provisions of these General Terms and Conditions prove to be wholly or partially void, the remaining provisions shall remain in force. The Client and CABIN READY shall in that case consult in order to agree on new provision(s) to replace the original provision.

e. If CABIN READY does not always require strict compliance with these conditions, this does not mean that the provisions thereof are not applicable, or that CABIN READY would in any way lose the right to demand strict compliance with the provisions of these conditions in other cases.

3 Quotations, offers and prices

a. All quotations and offers from CABIN READY are without obligation, unless a period for acceptance has been set in the quotation or offer.

b. Quotations are based on information received from the Client. The Client warrants that all necessary information has been provided to CABIN READY in a timely and truthful manner.

c. CABIN READY cannot be held to a quotation or offer if the Client can reasonably understand that the quotation or offer contains an error or oversight.

d. All prices are exclusive of VAT and other government levies. For Clients who do not act in the exercise of a profession or business (Consumer), prices are stated inclusive of VAT.

e. CABIN READY is, for Clients acting in the context of a profession or business, entitled to increase a fixed price if that increase results from an obligation under law or regulation. CABIN READY is also entitled to increase a fixed price if that increase is caused by cost-determining factors that could not have been foreseen at the commencement of the Agreement.

f. CABIN READY is, for Clients who do not act in the context of a profession or business (Consumer), entitled to increase a fixed price if that increase results from an obligation under law or regulation. Other price increases that arise after the conclusion of the Agreement, but before the end of the Programme, may also be charged to the Client, but if this occurs within three months of concluding the Agreement, the Client has the right to dissolve the Agreement. Work already performed will be settled at the originally agreed rate. CABIN READY has the right to suspend the work until the Client has indicated acceptance of the price increase. Dissolution in this manner does not give either Party the right to compensation.

g. A composite price quotation does not obligate CABIN READY to perform part of the assignment at a corresponding part of the stated price.

h. Offers or quotations do not automatically apply to future assignments.

4 Agreement

a. The Agreement is strictly personal to the Client unless expressly agreed otherwise.

b. The Agreement is entered into for an indefinite period unless the Agreement indicates that it has been entered into for a definite period.

c. CABIN READY undertakes a best-efforts obligation with the Agreement and gives no guarantee regarding the results of the assignment. The Client is aware that CABIN READY does not provide therapeutic treatments. The Client is aware that a Programme only offers the possibility to grow in personal development.

d. CABIN READY is entitled to engage a third party for the execution of the assignment. Articles 6:76, 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code are expressly excluded in that case.

e. If CABIN READY is unable to fulfil an appointment or cannot allow part of a Programme to proceed, the Client will be given the opportunity to make up the appointment or part of the Programme at another time.

f. If the Client is unable to attend part of a Programme, it is not possible to make up that part at another time.

g. The Client shall notify CABIN READY in writing or electronically of any changes to their postal and email address, bank account number and telephone number in a timely manner. CABIN READY may continue to regard the address provided by the Client as such until a new address has been communicated to it.

h. If activities are performed by CABIN READY or a third party engaged by CABIN READY at the location of the Client or a location designated by the Client, the Client shall provide, at no cost, the facilities reasonably required by CABIN READY.

i. By registering for a Programme, the Client agrees to the provision of personal data, such as name, address, telephone number and email via a participant list to the other participants of the Programme.

5 Cancellation

a. CABIN READY has the right to cancel the Programme in advance or to refuse participation by a Client or the participant designated by the Client without stating reasons.

b. If the Programme has not yet been delivered at all, the Client, following cancellation by CABIN READY, is entitled to a full refund of the course fee paid to CABIN READY, with the exception of costs already incurred.

c. The Client has the right to cancel participation in or the assignment for a Programme to be delivered in writing in advance.

For a Client acting in the exercise of a profession or business, the following applies:

d. Upon cancellation one month or less before the start of the Programme, the Client is obliged to pay 50% of the Course Fees.

e. Upon cancellation one week or less before the start of the Programme, the Client is obliged to pay 100% of the Course Fees.

For the Consumer Client, i.e. not acting in the context of a profession or business, the following applies:

f. CABIN READY is entitled upon cancellation to a reasonable compensation for costs already incurred. That compensation is a minimum of 50% of the Course Fees. These costs will not be charged if CABIN READY has been able to find another participant.

6 Termination

a. CABIN READY may terminate a fixed-term Service Agreement prematurely for compelling reasons. The termination must be made in writing.

For a Client acting in the exercise of a profession or business, the following further applies:

b. The fixed-term Service Agreement cannot be terminated prematurely by the Client, unless continuation would be unacceptable by standards of reasonableness and fairness. In that case, the notice period is one month. The termination must be sent by registered letter. If CABIN READY is terminated early and the reason for termination cannot be attributed to it, CABIN READY is entitled to payment of the full Course Fees minus any savings.

c. The notice period does not apply if there is (an application for) bankruptcy, suspension of payment, application of a statutory debt restructuring arrangement, guardianship, attachment for more than three months, cessation of activities or sale of the business of one of the Parties.

For a Consumer Client not acting in the exercise of a profession or business, the following further applies:

d. The Service Agreement can be terminated at any time by the Consumer Client. The termination must be made in writing.

e. CABIN READY is entitled upon early termination to a reasonably determined portion of the Course Fees, including at least compensation for the Programme components already attended.

7 Dissolution and suspension of the agreement

a. The Agreement may be immediately dissolved or suspended by CABIN READY if:

i. The Client fails to fulfil its obligations, fails to fulfil them fully or fails to do so on time, or if CABIN READY has good grounds to fear that the Client will not fulfil its obligations. This includes, among other things, if the Client does not pay on time or does not respond to correspondence from CABIN READY after registration. CABIN READY then has the right to grant participation in the Programme to another party.

ii. There is (an application for) bankruptcy, suspension of payment, application of a statutory debt restructuring arrangement, guardianship, attachment for more than three months, cessation of activities or sale of the business on the part of the Client.

b. CABIN READY may suspend the execution of the Agreement if the Client does not provide all necessary information required for correct execution in a timely and truthful manner. This applies in particular, but not exclusively, to the Client's obligation to keep CABIN READY informed of impediments that may obstruct a successful completion of the Programme or endanger the safety of the Client. All resulting consequences and costs are for the account of the Client. No claim to restitution is possible.

c. CABIN READY may dissolve the agreement if performance of the Agreement has become permanently impossible or if unchanged continuation cannot reasonably be required of it.

d. Additional costs resulting from non-cooperation by the Client are for their account.

e. If CABIN READY proceeds to suspend or dissolve, CABIN READY's claims are immediately due and payable.

f. CABIN READY is not obliged to compensate for any damage and costs arising from a suspension or dissolution.

g. If dissolution or suspension is attributable to the Client, the Client is obliged to compensate CABIN READY for any direct and indirect damage.

8 Complaints, notices, limitation periods

a. The Client must submit a written complaint to CABIN READY within 8 days of discovering or should have discovered a defect in the service delivered. Failure to complain in time forfeits the right to invoke the defect. For a Consumer, the aforementioned period is two months, or within a reasonable time.

b. The Client must give CABIN READY the opportunity to investigate a complaint.

c. If a complaint is unfounded, the costs incurred by CABIN READY shall be borne by the Client.

d. A (suspected) right of complaint does not entitle suspension of a payment obligation.

e. In deviation from statutory limitation periods, the limitation period for all claims and defences of the Client, acting in the exercise of a profession or business, against CABIN READY is one year.

9 Payment and collection

a. Payment must take place within the payment period indicated on the invoice.

For Clients acting in the context of a profession or business, the following further applies:

b. If the Client fails to pay on time, the Client is in default and owes the statutory (commercial) interest plus 2% from the moment of default until the moment of settlement.

c. Upon expiry of the payment period, the Client is in default by operation of law, without the need for a notice of default. As soon as the Client is in default, all (future) claims of CABIN READY against the Client become immediately due and payable, and default also occurs with respect to those claims without notice or other prior declaration within the meaning of Article 6:80 et seq. of the Dutch Civil Code. CABIN READY is then entitled to suspend its obligations under any agreement concluded with the Client until full payment of all outstanding claims has been received.

d. Payments are first applied against costs, then against accrued interest, then against the principal sum and current interest.

e. The Client is never entitled to suspension and/or set-off.

f. If the Client is in default in the (timely) fulfilment of any (payment) obligation, then in addition to the principal sum and interest, all costs to obtain satisfaction out of court shall be borne by the Client. In the event that the Client is in default in payment of the amounts invoiced to the Client by CABIN READY, the Client owes CABIN READY (inter alia) the extrajudicial (collection) costs. In that case, in deviation from Article 6:96 paragraph 5 of the Dutch Civil Code and also in deviation from the Decree on Compensation for Extrajudicial Collection Costs, CABIN READY claims compensation and payment of extrajudicial (collection) costs, which are hereby set at an amount equal to 15% of the total outstanding principal sum with a minimum of € 250 for each partially or fully unpaid invoice.

For Consumer Clients not acting in the context of a profession or business, the following further applies:

g. Payment must take place within the payment period indicated on the invoice.

h. If the Client fails to pay on time, the Client is in default and owes statutory interest from the moment of default until the moment of settlement.

i. In the event that the Client is in default in full payment of the amounts invoiced by CABIN READY, the Client owes CABIN READY (inter alia) the extrajudicial (collection) costs. CABIN READY claims in that case an amount equal to the maximum statutory compensation for extrajudicial collection costs, as determined in and calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs, insofar as the outstanding amount – after the default has occurred – is not settled by the Client within 14 days after written notice, calculated from the day following the date of the notice.

j. Payments are first applied against costs, then against accrued interest, then against the principal sum and current interest.

10 Liability and Force Majeure

a. CABIN READY is not liable for damage of any kind arising from CABIN READY having acted on the basis of incorrect and/or incomplete information provided by or on behalf of the Client.

b. CABIN READY is never liable for damage caused by or to the Client which is (partly) the result of a limited physical condition or health of the Client if the Client makes use of the Programme while the Client should have realised that this was irresponsible given their physical condition.

c. The Client is liable for damage, loss or theft of materials or accommodation made available by or through CABIN READY.

d. CABIN READY will insure itself adequately against business risks. If CABIN READY is liable for any damage, that liability is limited to a maximum of the invoice amount, or to that part of the amount to which the liability relates, or to the insured amount plus the deductible, insofar as there is no intent or gross negligence on the part of CABIN READY.

e. CABIN READY is not liable for damage to or loss of property in rooms used by it, insofar as CABIN READY has taken measures to prevent such damage or loss.

f. CABIN READY is exclusively liable for direct damage. CABIN READY is never liable for indirect damage, including consequential damage, lost profits, missed savings and damage due to business interruption.

g. CABIN READY may, during the period in which force majeure exists on the part of CABIN READY, suspend its obligations under the agreement. If this period lasts longer than 2 months, each of the Parties is entitled to dissolve the agreement, without any obligation to compensate the other party.

h. To the extent that CABIN READY has already partially fulfilled or will be able to fulfil its obligations under the agreement at the time of the force majeure, CABIN READY is entitled to invoice the part already fulfilled or to be fulfilled separately. The Client is obliged to settle this invoice.

11 Intellectual Property

a. CABIN READY reserves the intellectual property rights to all products, methods, designs, images, drawings and sketches developed by it, which means that the Client may not reproduce, publish or use them for personal gain without the prior permission of CABIN READY.

12 Electronic Mail

a. Communication between the Parties shall, in the context of the Agreement, be able to take place by means of electronic mail, unless otherwise agreed.

13 Indemnification of Third Parties

a. The Client indemnifies CABIN READY against any claims by third parties who suffer damage in connection with the execution of the agreement and whose cause is attributable to parties other than CABIN READY.

b. If CABIN READY is held liable by third parties on that basis, the Client is obliged to assist CABIN READY both out of court and in court and to promptly do everything that may be expected of the Client in that case. If the Client fails to take adequate measures, CABIN READY is entitled, without notice of default, to proceed to do so itself. All costs and damages on the part of CABIN READY and third parties arising therefrom are entirely at the expense and risk of the Client.

14 Disputes and Applicable Law

a. Dutch law applies to every agreement between CABIN READY and the Client.

b. Disputes will in the first instance be submitted to the competent court in the place of business of CABIN READY, unless the law prescribes otherwise. CABIN READY remains entitled to submit the dispute to the competent court of the place of business or residence of the Client.