Terms and Conditions

SHAKABOOKINGS V.O.F.

 PLEASE READ THESE TERMS OF CONDITIONS CAREFULLY BEFORE USING THE SHAKABOOKINGS PLATFORM, REGISTRATION, SERVICES OR MAKE A RESERVERATION. BY USING THE SERVICES AND PLATFORM, AND BY PLACING A RESERVATION YOU ACCEPT THESE TERMS.

 

1.       DEFINITIONS

In these Terms and Conditions, the terms are defined as follows:

a.       Shakabookings: the user of these terms and conditions and the owner of the platform. Shakabookings is registered at the Chamber of Commerce under number 65272609.

b.      Platform: the online bookings platform that connects people with tutor. 

c.       Services: the services of Shakabookings.

d.      Lesson: a sport lesson, course and/or clinic offered by a tutor and which can be booked through the platform.

e.      Customer: the legal or natural person which has made a reservation for a lesson through the platform.

f.        Booking: a booking for a lesson, clinic and/or tutor made via the platform.

g.       Member: a natural or legal person who has created an account for access to the platform.

h.      Tutor: the professional sports instructor who wants to share his sports skills with members, visitors and customers from the platform.

i.         Terms: these terms and conditions.

 2.       APPLICABILTITY OF THE TERMS

These terms are applicable to all legal relationships with Shakabookings, her services, the created accounts and the platform. These terms contain all of the terms and conditions between Shakabookings and you, whether you are a registered tutor, a customer, a member or any other user or visitor of the platform.

 Use of the platform and/or the services of Shakabookings indicates your agreement with these terms. if you do not agree with the terms, including the Shakabookings Privacy Policy (http://Shakabookings.com/Privacy-Policy/), then we recommend to not use the platform or the services of Shakabookings.

 The applicability of any terms and conditions of third parties is expressly rejected.

 If one or more of the provisions of these terms and/or the contract are invalid or set aside, the remaining provisions of these terms shall remain applicable in full.  Situations that are not provided in these terms should be assessed 'in the spirit of’ these terms.

Ambiguities regarding the interpretation or content of one or more provisions of these terms should be interpreted ‘in the spirit of’ these Terms and Conditions.

 If Shakabookings does not require strict compliance with these terms, this does not mean that these terms do not apply, or that Shakabookings loses the right to demand strict compliance with these terms in other cases.

These terms, including the Privacy Policy, can be changed by Shakabookings at any time. Shakabookings will notify you about significant changes by sending a notice to the e-mail address registered in your account, or by placing a prominent notice on the platform, so that you can choose whether to continue using the services. Significant changes will go into effect no less than 30 days after the notification. Any use of the platform or the services by you after the effective date of any changes will constitute your acceptance of such changes. In addition, by accessing the platform or becoming a member (if applicable), you consent to have this agreement provided to you in electronic form. Changes required in connection with the rules, policies, terms and / or third parties can be made at any time. Such modifications are necessary in order to deliver the best possible services.

 

3.       POSITION OF SHAKABOOKINGS

Shakabookings provides an online platform where tutors can offer their lessons and visitors can make reservations.

By making a reservation through the platform, you enter into a direct (legally binding) contractual relationship with the tutor. Shakabookings is not a party to the agreement between you and a tutor.  Shakabookings is also not involved in the implementation of the agreement between you and a tutor, performance of the clinics and/or services of a tutor.

From the moment you make a reservation, Shakabookings act as an intermediary between you and the tutor, transmitting the details of your reservation to the relevant tutor.

 The information on the platform is provided by the tutors, customers, members and/or visitors. Shakabookings will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can she be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the platform), inaccurate, misleading or untrue information or non-delivery of information. Each tutor, member, customer and/or visitor remains responsible -at all times- for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) shown on the platform.

 Shakabookings only mediates between tutors and the platform visitors, members and/or visitors. Shakabookings:

a.       does not employ, recommend or endorse any tutor and has no control over the acts or commissions of any visitor, tutor and/or customer;

b.      is not responsible or liable for the performance or conduct of any visitor, tutor, customer or other third party;

c.       makes no warranties about the quality of the services and/or lessons of a tutor;

d.      does not send invoices after a booking and/or reservation;

e.      does not screen customers, visitors, or tutors or conduct any kind of identity, except as otherwise stated in these terms.

If a tutor and/or lesson does not comply with the expectations of a customer, then that is a matter between the customer and the tutor. Shakabookings can act as mediator but is not a party in this dispute. 

 4.       MEMBER SERVICES

If you choose to sign up to the services of Shakabookings, then you become a member of Shakabookings by registering for an account. The agreement, together with these terms, will govern your relationship with Shakabookings.

 When you create an account, you agree to:

●     provide accurate, truthful, current and complete account information;

●     maintain and promptly update your (account) information to maintain its accuracy and completeness;

●     maintain the security of your account by not sharing your password with others and restricting access to your account, computer and device;

●     notify Shakabookings if you discover or otherwise suspect any security breaches related to our services or your account;

●     take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

 

5.       USE OF THE PLATFORM

You agree that your activities on the platform and any use of the services shall be in accordance with:

●     the agreement;

●     these terms;

●     the platform guidelines.

 The use of the services and platform is limited to parties that lawfully can enter into contracts under applicable law.

 You agree that you will not engage in any activity that, in Shakabookings’s sole judgment, interferes with or disrupts the services, the servers and networks that are connected to the services, or the activities of others on the platform or the enjoyment of others on the platform. Your failure to comply with this requirement may result in immediate suspension of your right to access one or more of the services. You acknowledge and agree that in the event of such suspension, you may be prevented from accessing the services, your account or any files or other content (as defined below) contained in your account.

 Shakabookings has the right to review all registration applications and deny access to anyone to the platform and the services, at any time and for any reason, including, but not limited to, for violation of these terms. You may not transfer or assign your account to any other party.

 6.       ELIGIBILITY

The platform and services are only intended for persons over 18 years. Any access to or use of the platform or services by persons under 18 years is prohibited. By accessing, registering or using the platform or services, you declare that you are over 18 years.

 7.       AVAILABILTY OF THE PLATFORM

Shakabookings is doing everything to ensure that the services and platform are available and accessible. Shakabookings does not guarantee:

●  The unrestricted availability and performance of the platform and/or services;

●  The reliability and uncrack able of the platform. Shakabookings is not liable for the non-functioning, availability or accessibility of the platform.

 Shakabookings is not liable for the lost or corrupted data which is the result of the use of the platform. Also Shakabookings can never be liable to pay compensation for damages caused by the use of the platform and/or services.

Shakabookings can always improve, modify, temporarily or permanently out of operation and restrict the access or prohibit the platform or parts of it. Shakabookings cannot be held liable for this. Outages or interruptions may be made by Shakabookings when in its reasonable opinion they are necessary to facilitate improvements to or maintenance of the platform.

 

8.       RESPONSIBILITY OF COMMUNITY CUSTOMERS AND PLATFORM

As a member, tutor or visitor of the platform, you must be aware that:

●     Each customer, visitor, member or tutor can write comments, review tutors and post other content on the platform or through other Shakabookings online channels. Shakabookings prohibit any insulting or hostile talk about a third party.

●     If it happens that someone publishes controversial content or links to such content (political, pornographic etc.) on the Shakabookings platform, or other additional online channels, this will be immediately removed by Shakabookings. If Shakabookings suspects that such content has been published, she as the right to remove it from the platform or any other online channels, without any warning.

●     Shakabookings has the right to delete any content or your account at any time without giving any reason.

 9.       SOCIAL NETWORKING SERVICES

By granting Shakabookings access to any social network accounts (Facebook, Instagram, Google+ or any other), you understand that Shakabookings will access, make available and store (if applicable) any text, graphics, images, music, software, audio, video, information or other materials that you have provided to and stored within your social network account so that it is available on and through the platform and services via your Shakabookings account, unless otherwise specified in these terms. Depending on the social network accounts you choose, and subject to the privacy settings that you have set in such social network accounts, personally identifiable information that you post to your social network accounts will be available on and through your Shakabookings account on the platform and services. Please note that if a social network account or associated service becomes unavailable on Shakabookings or access to such social network account is terminated by the third party service provider, then the social network content will no longer be available on and through the Shakabookings platform and services.

 Please note that your relationship with the third party service providers associated with your social network accounts is governed solely by your agreement(s) with the third party service providers.

 10.   OWNERSHIP PLATFORM

The platform, services, and content are protected by copyright and trademark. You acknowledge and agree that the platform, services and the content on the platform (including all associated intellectual property rights) are the exclusive property of Shakabookings. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the platform, services, or content.

 11.   MEMBER CONTENT

You recognize and agree that you are fully responsible for the content that you publish on the platform. All information on the platform or any other additional service is based on the information provided by a tutor, member, visitor and/or customer. Therefore, they have access to their personal profile, and they are fully responsible for updating all rates, availability and other information shown on the platform. Shakabookings will not verify the information and cannot be held responsible for any errors (including eye-catching and typographical errors), any interruption, breakdown, inaccurate, misleading or untruthful information or lack of information.

 Shakabookings has the right to change or reject any texts, content, images and other data or information.

 12.   AVAILABILITY COURSES AND TUTORS

Shakabookings is not responsible for the availability of a tutor and/or lesson, and cannot guarantee the availability of a specific lesson and/or tutor.  Therefore, it is possible that a scheduled booking conflict with another booking of the tutor and the tutor have to reschedule the booking.

 In case of an overbooking the tutor has to reschedule the lesson. 

 The offer of tutors and lessons depends on the tutors. Shakabookings does not have any influence on this.

 13.   BOOKINGS ON SHAKABOOKINGS

Visitors can book a course through the platform. A booking does not guarantee that the tutor will accepts the booking.  All bookings will be submitted for approval to the relevant tutor. After approval of the reservation it is converted into a final and binding booking. The customer receives within 48 hours -from the tutor- a confirmation or rejection of the booking. As long as the customer did not receive the confirmation the booking is not final.

 For every booking, the customer must provide the requested data. Incomplete and incorrect bookings are not taken into consideration. Shakabookings and/or the tutor has the right to ignore or refuse a booking. A booking can only be made by persons over 18 years.

Shakabookings cannot guarantee that tutors are licensed to perform the services and/or lesson. Shakabookings does not have control over the quality, suitability, reliability, timing, durability, safety, legality, ability to provide, or any other aspect whatsoever of any services offered by a tutor, nor over the integrity, responsibility or any of the actions or omissions whatsoever of any tutor. Shakabookings also does not have the control over the suitability of the customer, nor over the behaviour, character, or any of the actions or omissions of any customer.

 If a lesson has to be moved or cancelled in connection with (bad) weather circumstances, you get your money back.

 14.   PRICES

The registration and use of the platform is free. All Shakabookings customers understand and agree that they are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors.

Becoming a member of the platform is free.

 All prices are including VAT and excluding additional costs such as payment fees and/or bank coasts.

 15.   PAYMENT OF BOOKINGS

The payment of a booking is via the tutor. After a booking the customer will receive an invoice from the tutor.  Payments must be made in accordance of the payment terms of the tutor. Shakabookings has no effect on the payment terms of the tutors.

 16.   OBLIGATIONS AND PROVISIONS FOR TUTORS

To offer a course on the platform the tutor has to create an account on the platform. Registration is free of charge and requires that the tutor accept these terms. When registering the tutor has to provide accurate, up-to-date and complete information as required by the registration form. The data must be up-to-date and correct.

All information about a course must be complete and correct. The tutor must provide all requested information about a course. If that is not the case Shakabookings has the right to not publish c.q. to remove the lesson and or the account.

 Any change in the availability of the tutor and / or course the tutor must be change in his profile.

The tutor is fully responsible for this.

 After a booking through the platform the tutor receives the booking. The tutor must confirm or reject a booking within 48 hours. If a booking is not confirmed or rejected within 24 hours, Shakabookings will automatically cancelled the booking. If the tutor has confirmed a booking he cannot cancel the booking, except in cases of force majeure. If a tutor cancel a booking Shakabookings will charged the commission.

 If the tutor has confirmed a booking he is responsible for sending and the collection of an invoice at the customer.

 The payment of a booking to the tutor depends on the fact of the tutor is registered with the Chamber of Commerce. If a tutor is registered with the Chamber of Commerce Shakabookings pays the tutor directly after the tutor has confirm the booking and after the customer has paid. If the tutor is not registered with the Chamber of Commerce Shakabookings pays the tutor 14 days after the booking date.  The tutor will always receive a digital invoice from Shakabookings.

 Shakabookings pays to the tutor the total lesson rate minus the commission.

 On every booking Shakabookings charge a commission on the total amount. The commission is a percentage of 10% stripe connect and 15% for wired fund from the total lesson rate. Please notice that Shakabookings is not responsible for any currency rates.

Shakabookings has the right to change the commission at any time. All collected commissions are non-negotiable and non – refundable.

 Also a transaction fee will be charged.  

 17.   MINIMUM QUALITY STANDARDS AND CERTIFICATION FOR TUTORS

A tutor is solely responsible for all courses that he offers in his profile.

 On the platform customers can find an overview per sport which certification is mandatory per sports category in order to be able to teach this sport to someone else. Shakabookings does not verify if the tutor has these certificates. 

 18.   CANCELLATION AND NO-SHOW POLICY

It is possible that circumstances arise which force you to cancel a booking. a booking must be cancelled at the tutor. Cancellations can be done free of charges until 48 hours before the execution of the lesson. Within the 48 hours before the execution of the lesson, the full amount (100%) will be charged and no money will be refunded.

 No show will be fully charged to the customer.

 The tutor is obliged to apply the above cancellation policy for all bookings via the platform.

  19.   THIRD PARTY SITES

The platform may contain links to third party websites. Please remember that when you use a link to another website, these terms are no longer in effect. Your browsing and interaction on any other website, including websites which have a link to the platform, is subject to that website’s own rules and policies including in relation to privacy. Please read those rules and policies before proceeding. 

If you decide to visit any third party site, you do so at your own risk. Shakabookings is not responsible for the content, accuracy or opinions expressed in such websites. Nor are Shakabookings responsible for the availability of any third party websites or the materials hosted on such websites. 

 20.   PRIVACY

Shakabookings will only use the information you provide on the platform in accordance with our Privacy Policy. For more information, see our full Privacy Policy.

 21.   COMPLAINTS

A complaint about the services or platform of Shakabookings must be made in writing within 5 days. If this complaint period has passed, all rights thereto expire.

 Complaints about a tutor and / or his activities or invoices must be submitted to the tutor. A tutor must be taken every complaint seriously and handling a complain within a reasonable time. With multiple complaints about a user, customer and / or tutor, Shakabookings has the right to close the account. This also applies if the tutor does not handle a complain within a reasonable time.

 22.   CONTACTING SHAKABOOKINGS

If you have any questions or comments about these terms, the services and/or platform of Shakabookings please contact Shakabookings at info@shakabookings.com.

 23.   RESPONSIBILITY OF SHAKABOOKINGS TOWARDS BOOKED LESSONS

Shakabookings is not liable in any way for the satisfaction of a customer, visitor and/or tutor. Shakabookings is not responsible for any damage incurred before, during or after completion of the lesson.

 Shakabookings does not verify the quality of the tutor. Shakabookings does offer a rating option on the platform.

 Shakabookings is not responsible if a lesson is cancelled due to bad weather.

 24.   FORCE MAJEURE

Parties are not obliged to fulfil any obligation if this is the result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views. In these terms, force majeure is defined - in addition to that which is deemed as such by law and legal precedent - as all circumstances, foreseen or unforeseen, that are beyond the control of parties but which prevent the them from meeting the obligations. That includes strikes at Shakabookings, here suppliers and other third parties. Shakabookings shall also be entitled to invoke force majeure if the circumstance preventing (further) compliance occurs after the other party should have met his obligations.

Shakabookings is not responsible for force majeure and strikes at the postal or telephone service.

 25.   LIABILITY

Any liability of Shakabookings is limited to what is provided in these terms.

Shakabookings does not participate in the contractual relationship between the customer and a tutor. Shakabookings accepts no liability for the contracts between the customer and a tutor.  

 Shakabookings is not liable for:

●     any damage of any kind incurred because it is based on incorrect and/or incomplete data provided by or on behalf of a member, tutor and/or customer;

●     losses caused by acts or omissions of third parties, hereby specifically referring to tutors, members and/or customers;

●     if a tutor does not meet the requirements or expectations of the customer;

●     any shortcomings of tutors and/or other third parties, unless there is intent or gross negligence by Shaka Bookings.

●     operations and/or failures of a tutor, nor for the accuracy of data or information of a member, customer and/or tutor;

●     any kind of damage, losses, accidents and/or whatsoever, this also applies for damages, accidents etc. during a lesson.

Shakabookings is only liable for direct losses. Direct damage is defined as:

●     Reasonable costs made due to Shakabookings’s faulty performance to conform to the agreement, in so far as this can be attributed to Shakabookings;

●      Reasonable costs incurred to determine the cause and extent of the damage (direct);

●     Reasonable costs incurred to prevent or limit the damage, as far as consumer shows that these costs have led to the limitation of direct damage.

Shakabookings is not liable for indirect losses, including:

●     Lost profits;

●     Missed savings;

●     Consequential losses;

●     Reputational losses;

●     Disappointed expectations or results;

●     Losses caused by business stagnation.

 

If Shakabookings is liable for failure, untimely or improper performance of the contract here liability is limited to a maximum of one time the amount of the fee charged by Shakabookings to the customer for the performance of the work that has caused the loss.  The liability of Shakabookings is limited to the amount paid by the insurer in the given case.

1.       Any liability of Shakabookings expires after one year. Failing this will void any right to compensation.

2.       Shakabookings is not liable in case of force majeure.

3.       The above is subject to exception in cases of intentional act or omission on par with gross negligence on the part of Shakabookings.

  26.   DISCLAIMER

Shakabookings or any of her directors, officers, employees, subsidiaries, affiliates, distributors, affiliate distribution partners, licensees, agents other than also involved in creating, sponsoring, promoting, or others who are involved by providing this platform and its content will be in the highest permitted level by law not be liable for any compensation in punitive damage, special, indirect or consequential loss or damages, loss of production, loss of profits, loss of revenue, loss of contract, loss or damage of goodwill or reputation, loss of any claim for any inaccuracy relating to any (descriptive) information (including rates, availability and qualification) of the lessons/clinics that are available through our platform, for the services or products offered by the lesson/clinic provider or other business partner, for any (direct or indirect, arising or incurred due to damages) damages, losses or expenses which are suffered by you or paid, whether they come from (legitimate) activities, resulting from, arising out of or connected with the use, inability to use or delay of our platform, or any (personal) injury, death, property damage or other (direct, indirect, special, consequential or incurred due to damages), damages, losses, or expenses incurred by you or paid whether this is due to (legal) activities, errors, breaches, (gross) negligence, wilful misconduct, omissions, breach of contract, misrepresentation, tort or strict liability by or (wholly or partly) attributable to the lesson/clinic provider or any other business partners (employees, directors, officers, agents, representatives or affiliated companies), whose services directly or indirectly available are offered or promoted, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

 If in doubt, you can contact Shakabookings at: info@shakabookings.com

  27.   CLOSING PROVISIONS

Shakabookings is authorized to transfer her rights and obligations in full or in part to third parties.

All contracts and/or services shall be governed by the laws of the Netherlands, even if you are established or residing in abroad. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes with Shakabookings shall not refer a matter to court until parties have done their utmost to resolve the dispute in mutual consultation. Any dispute which a solution can not be reached by mutual agreement the court in Shakabooking’s place of establishment has exclusive competent jurisdiction, unless the law requires otherwise. If the member and/or tutor is a consumer within the meaning of Book 7 of the Burgerlijk Wetboek (BW – Dutch Civil Code), this does not affect the mandatory consumer protection regulations in which the consumer is ordinarily resident.

 The parties have the right to submit the dispute to an independent arbitration institute or mediator. The decision of an independent arbitration is binding for the parties.


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