Terms and Conditions

Terms &  Conditions BFC Compassionate Care & Mindful Medicine

A. Definitions

1. Contractor: BFC Compassionate Care & Mindful Medicine (BFC CCMM | BFC Mindfulness & Compassion (Laan van Niftarlake 123, 3612BR Tienhoven, KvK 65681487)
2. Client: The adult and legally capable private or business purchaser of the services of the contractor. Business customer also includes professional groups, organisations and other non-natural persons.
3. Participant: The person who, on behalf of or at the request of his or her customer, participates in the contractor’s offer.
4. Membership: Annual subscription with a voluntary payment contribution of one’s choice, whereby entering into this creates the possibility for the customer to register for the offer of the contractor.
5. Training, incompany education, lecture, workshop, supervision or coaching without stay: One-off or multiple sessions from the offer of the contractor with the aim of strengthening personal resilience, personal leadership, awareness, compassionate leadership, teamwork, job satisfaction, patient care and patient safety. This offer is aimed at both private and corporate clients including teams, professional groups and organisations.
6. Multi-day training, in-company education, workshop or coaching with accommodation. A multi-day session consisting of the services of the contractor aimed at strengthening personal resilience, personal leadership, awareness, compassionate leadership, teamwork, job satisfaction, patient care and patient safety on location including overnight stay(s). The offer of the contractor is specific and focused only on personal and work-related development.

B. Applicability

I) These general terms and conditions apply to the complete present and future offer of the contractor as described in article A.4. to A.6., which also includes lectures, recitals and workshops, for which teachers, trainers or coaches are hired by the contractor.

II) The customer declares to agree with the general terms and conditions by ticking them on the digital registration form. The relevant registration form contains a direct hyperlink (https://ccmm.care/algemene-voorwaarden/) to these general terms and conditions.

III) The general terms and conditions may be amended by the contractor without prior notice at any time when the contractor deems it necessary. 

IV) The amended terms and conditions shall take effect immediately after their publication. All previous general terms and conditions, with the exception of current agreements and purchased products, shall then automatically lapse. The most recently published general terms and conditions shall also apply to follow-up orders, whether or not subsequent to existing agreements. Should the validity of one of the general terms and conditions be affected, this shall not affect the remaining provisions of these terms and conditions.

C. Intellectual property rights

I) Unless expressly stated otherwise in writing, the intellectual property rights to the training and related materials belong to the person to whom the intellectual property lies within BFC CCMM. Without the express written permission of the entitled party, course materials may not be reproduced, made available to third parties in any way, used for the benefit of third parties, or made public.

II) Lesson materials issued during the training course may be used by the customer and/or participant for their own purposes only.

III) The customer is obliged to comply with the contractor’s request to return intellectual property rights or to cease publication and/or distribution thereof. If the customer does not comply with such a request, the customer will owe an immediately payable fine of € 5,000 in addition to the actual damage suffered on the part of the contractor. 

D. The offer, acceptance and termination

1. Membership International Compassion Community

I) Membership is entered into by completing and sending the registration form. By sending the fully completed registration form, participant agrees to the agreements and general terms and conditions contained therein. Upon confirmation of receipt from the contractor, the client acquires membership immediately.

II) Membership is entered into for the duration of one year.

III) Membership may be terminated prematurely. In the event of early termination, no payment can be refunded due to the nature of the service. 

IV) At the end of the membership year, membership expires automatically and by operation of law. Client may thereafter re-enter into a membership, again choosing whether or not to pay a voluntary contribution.

V) The voluntary membership fee shall be paid in advance by bank transfer to the Contractor. Payment of the chosen amount is final.

VI) Client cannot derive any rights from the contractor’s offer of services for members. The offer under the Contractor’s membership is non-binding, varying, partly depending on the availability and willingness of the providers.

VII) Client may revoke the membership within fourteen days of receiving confirmation of the conclusion of the membership free of charge and without giving reasons. 

VIII) Except for the right of revocation within fourteen days, the client cannot claim a full or partial refund. The amount paid is chosen as a voluntary contribution by the client and, because of this nature, is final and irreversible. 

IX) In the event of a dispute concerning the revocation, the client must prove that he or she has revoked the agreement in time.

X) After revocation by the customer, the contractor shall refund the amount paid within fourteen days to the known account number.

2. Education, training or workshop for individuals (one- or multi-day without accommodation)

I) Registration for a training course or workshop takes place by fully completing and submitting the digital registration form. The agreement comes into effect after confirmation of registration by the contractor. Registration and confirmation can also take place by e-mail.

II) The contractor reserves the right to make changes to the agreed order with regard to content, price, location or date of the order.

III) In the event of an interim price increase exceeding 8% of the invoice amount, the client is entitled to terminate the agreement free of charge if the client does not accept this price increase. 

IV) The contractor is free to use teachers at his own discretion for the execution of the order.

V) The Contractor shall inform the Client as soon as possible about relevant changes to the assignment.

VI) Contractor shall perform the order in accordance with the requirements of a good and diligent contractor.

VII) Client is entitled to rescind the agreement within fourteen days of digital conclusion without giving reasons. 

VIII) The agreement cannot be revoked by the client if he or she has explicitly agreed to receive course material within the revocation period and has thereby waived his or her right of revocation. 

IX) The client may – if the right of withdrawal does not apply or if it has expired – unilaterally cancel the order against payment of the expenses and reasonable due wages incurred by the contractor. These costs consist of:

• 10% of the total order sum up to four calendar weeks before the start of the assignment; 
• 50% of the total order sum in the event of cancellation between four and three calendar weeks before commencement of the assignment; 
• 75% of the total order sum for cancellation between three and two calendar weeks before the commencement of the work.
• 90% of the total order sum for cancellation within two calendar weeks before commencement of the order.

X) The customer must notify the cancellation in writing or confirm it in writing. This can be done by post to the address Laan van Niftarlake 123, 3612 BR Tienhoven or by e-mail to office@ccmm.care

XI) Client may use a substitute participant falling within the target group at no extra cost if he/she is unable to attend himself/herself. Both parties thereby become jointly and severally liable in respect of the payment obligation.

XII) The assignment cannot be rescheduled at the request of an individual participant or client. Refusal of participation in the specified offer by the client shall be considered equivalent to cancellation at the initiative of the client. 

XIII) In case of absence of the customer due to demonstrable unforeseeable circumstances in the customer’s sphere of risk or due to force majeure, the customer will be given the opportunity to attend a similar session against additional payment of only the cost price or the choice to pay up to 50% of the invoice amount as reimbursement of expenses to the contractor due to final cancellation. 

XIV) Force majeure is to be understood as illness, movement-restricting government measures, natural disasters, strikes, fire or attacks as a result of which undiminished fulfilment of the agreement cannot be required. 

XV) The above offer in case of unforeseen circumstances and force majeure shall only apply if the client has reported his absence with reasons in advance or if the client can substantiate this afterwards. In all other cases, the client’s absence shall be equated with a unilateral cancellation.

XVI) The Contractor is entitled to cancel the contract in its entirety in the following cases: 

• The enrollment limit of 80% is not met; 
• The teacher is unable to attend and no replacement can be found; 
• An occurred unforeseeable circumstance or force majeure situation including an epidemic, fire, storm, government measure or other force majeure situation preventing the use of the instructor, location or resources; 
• If the client is declared bankrupt or if a moratorium or debt restructuring has been applied for. 

XVII) Provider is entitled to exclude individual clients from participation (prematurely) in the following cases: 

In the special situation that a participant or client does not comply with the socially customary rules of conduct and thereby seriously disrupts the execution of the assignment despite repeated warnings; 

• The relationship between the contractor and the client is so disrupted that continuation of the agreement cannot reasonably be required of the parties; 
• Client has not paid the invoice amount due before the commencement of the service; 
• Client is declared bankrupt or suspension of payments or debt restructuring is applied for. 

XVIII) In case the contractor cancels the order in its entirety, the contractor shall offer the next equivalent alternative to replace it without charging any additional fees. If the contractor is unable to offer a reasonable alternative, the assignment fee shall be refunded pro rata to progress to the client within fourteen calendar days. 

XIX) If the contractor cancels the assignment in respect of a specific client or participant because of the listed reasons that are within the client’s sphere of risk, the client cannot make any claims for restitution or performance.  

XX) The contractor is not liable for any direct or indirect damage suffered by the client as a result of cancellation by the contractor, barring intent or deliberate recklessness.

3. Schooling, course or workshop for corporate clients (one- or multi-day without accommodation)

I) Registration for a training course or workshop takes place by fully completing and submitting the digital registration form. The agreement comes into effect after confirmation of registration by the contractor.

II) For business clients, including professional groups and organisations, no dissolution under the right of withdrawal is possible.

III) The contractor is free to use teachers at his own discretion to carry out the order. 

IV) The contractor shall inform the customer as soon as possible about relevant changes to the order.

V) The contractor reserves the right to make changes to the agreed order regarding the content, price, location or date of the order.

VI) Client is not entitled to terminate the agreement in case of interim changes, unless an unchanged continuation cannot reasonably be required from Client.

VII) In addition to the fifth and sixth paragraphs of this article, if an interim price increase comprises more than 10% of the total amount, the client is entitled to terminate the agreement free of charge if the client does not accept it. 

VIII) For services concluded for a duration of more than one year, the contractor shall be entitled to change the prices annually subject to the above provisions. 

IX) In case of premature or interim termination by the customer, the customer shall in principle owe 100% of the invoice amount.

X) In case of cancellation by the client due to demonstrable unforeseen circumstances in the sphere of risk of the client or due to force majeure, the client will be given the opportunity, in consultation with the contractor, to reschedule the session against additional payment of only the cost price or the choice to pay up to 50% of the invoice amount as an expense allowance to the contractor for final cancellation.

XI) Force majeure is to be understood as illness, movement-restricting government measures, natural disasters, strikes, fire or attacks as a result of which undiminished fulfilment of the agreement cannot be required.

XII) The above offer in case of unforeseen circumstances and force majeure shall only apply if the client has reported his absence with reasons in advance or if the client can substantiate this afterwards. In all other cases, the Client’s absence shall be equated with unilateral cancellation. 

XIII) The contractor is entitled to cancel the order in its entirety in the following cases: 

• The registration limit of 80% is not met; 
• The teacher is unable to attend and no replacement can be found; 
• An unforeseen circumstance that has occurred, including an epidemic, fire, storm, government measures or other force majeure preventing the use of the instructor, location or resources; 
• If the client has not paid the invoice amount due on time; 
• If the customer is declared bankrupt or if a moratorium or debt restructuring has been applied for. 

XII) The contractor is entitled to exclude individual participants or clients from participation (prematurely) in the following cases: 

• In the special situation that a participant or client does not comply with the socially customary rules of conduct and thereby seriously disrupts the performance of the assignment despite repeated warnings; 
• The relationship between the contractor and the client is so disrupted that continuation of the agreement cannot reasonably be expected. 
• Client is declared bankrupt or suspension of payments or debt restructuring is applied for. 

XIII) In case the Contractor cancels the order in its entirety, the Contractor shall offer the next equivalent alternative for replacement without charging additional costs. If the contractor is unable to offer a reasonable alternative, the assignment fee will be refunded to the customer on a pro rata basis within fourteen calendar days. 

XIV) If the contractor cancels the assignment in respect of an individual client or participant because of the listed reasons that are within the client’s sphere of risk, the client cannot make any claims for restitution or fulfilment and the entire invoice amount remains due. 

XV) Client may, in the event that a participant is unable to attend, use a substitute within the target group. Client remains responsible for fulfilling the payment obligation.

XIV) The contractor carries out the assignment in accordance with the requirements of a good and careful contractor. 

XV) The contractor shall not be liable for direct or indirect damage of the client as a result of cancellation by the contractor except for intent or deliberate recklessness.

4. Schooling, training or workshop (multi-day with accommodation)

I) To attend a multi-day training course with stay, the client can register via the website for the offer made available. The contractor will send an order confirmation after the conclusion of the agreement. The sending of the completed registration form by the client shall be considered as an acceptance of the non-binding offer.

II) The multi-day training course is a non-binding offer and, after acceptance by the contractor, can be changed or revoked up to 24 hours after entering into the agreement with a statement of reasons. During weekends and holidays, this period shall commence for the contractor on the next working day.

III) A multi-day training course may be cancelled by the customer free of charge up to 48 hours after entering into the agreement, both in writing and by e-mail, unless the agreement is concluded within 28 calendar days before its commencement. 

IV) No right of withdrawal applies to the multi-day offer with accommodation. If the client cancels the agreement, the contractor may charge the following fee:

– For cancellation up to the 42nd calendar day (exclusive) before the commencement date; the expenses being not more than 35% of the total sum; 

– For cancellation from the 42nd calendar day (inclusive) to the 28th calendar day (exclusive) before the commencement date: 35% of the total sum; 

– For cancellation from the 28th calendar day (inclusive) to the 21st calendar day (exclusive) before the starting date: 40% of the total sum; 

– For cancellation from the 21st calendar day (inclusive) to the 14th calendar day (exclusive) before the starting date: 50% of the total sum; 

– For cancellation from the 14th calendar day (inclusive) to the 5th calendar day (exclusive) before the starting date: 75% of the total sum; 

– For cancellation from the 5th calendar day (inclusive) to the commencement date: 90% of the total sum; 

– For cancellation on the commencement date or later: 100% of the total sum. 

V) The customer must insure himself for personal risks in case of cancellation by means of travel and/or cancellation insurance.

VI) The contractor shall provide the client with all relevant information regarding the accommodation and activities.

X) The contractor may unilaterally make changes to the agreement. The customer will be informed of these changes in good time. In case of drastic changes, the customer has the right to dissolve the agreement free of charge.

XI) The contractor reserves the right to change the content of the programme, provided that an equivalent alternative can be offered to the customer.

XII) Contractor can implement a price increase of up to 8% up to twenty days before the start date, but only in case of: 

• interim tax increases; 
• increased energy or fuel costs; 
• increase of fees for included third party costs. 

XIII) If the customer has concluded the multi-day offer with accommodation for several years, the contractor shall be entitled to: 

(a) index the price annually in accordance with the CBS CPI indexation in respect of private clients; 

b) increase the price annually by 10% or more in respect of business customers. If the price increase exceeds 10%, the corporate client may terminate the assignment free of charge.

XIV) If the private client does not accept the cost increases and does not wish an alternative, in that case the client may terminate the contract free of charge. 

XV) Client may request a substitute within the same target group if he is prevented from attending provided that client and substitute both become jointly and severally responsible for the total sum and must have submitted this request at least seven days before departure.

XVI) If unforeseen and extraordinary circumstances occur at the destination which significantly affect the feasibility of the contract, both parties may cancel the contract free of charge before departure. 

E.Terms of payment

1. Schooling, training or workshop (one-day or multi-day sessions without accommodation)

I) The client must make a down payment of 50% of the invoice amount upon entering into the agreement, unless the parties explicitly agree on a different payment arrangement.

II) The balance payment for the services offered – with the exception of membership of the International Compassion Community – is due within fourteen days of receiving an invoice. The invoice will generally be sent by e-mail.

III) If the client has not paid within fourteen days of receiving the invoice, the client will receive a payment reminder from the contractor with a final payment deadline of fourteen days. If the client has not paid within this accumulated period of 28 calendar days, he or she will automatically be in default and extrajudicial collection costs will be due. 

IV) The contractor shall suspend its obligations, including access to the course materials and access to the digital environment until the customer has paid the invoice amount due.

V) Notwithstanding the second and third articles, the invoiced amount must always be received by the contractor prior to the commencement of the service, except for the situation where the client has only registered as a participant on the (first) day of the commenced session; in that case, the client must pay the invoice amount immediately.

VI) If the invoice amount is not paid before the commencement of the assignment, the situation shall be treated as a cancellation by the client and the full invoice amount shall be due and payable immediately.

2. Schooling, training or workshop (multi-day including accommodation)

I) For the multi-day offer with accommodation, the client must immediately make a down payment of 50% of the total amount, unless it is expressly agreed that the parties make a different payment arrangement.

II) If no different payment arrangement has been agreed upon, the principal must have paid the remaining amount no later than thirty calendar days before the commencement of the assignment.

III) If client has not paid within the above-mentioned or agreed period, he or she shall be in default by operation of law. 

IV) Despite the default, the client will receive another summons with a payment term of fourteen calendar days to pay the remaining invoice amount. If client has also failed to pay within the fourteen-day period, client shall become liable for extrajudicial collection costs in the following percentages:

– 15% over the first € 2,500 with a minimum of € 40; 

– 10% over the amount between € 2,500 and € 5,000; 

– 5% over the amount between € 5,000 and € 10,000; 

– 1% on amounts above € 10,000. 

V) If client has not paid within the offered fourteen-day period, the agreement shall be deemed to have been terminated by client and client shall owe the entire invoice amount and client shall also have lost his claims for reimbursement and fulfillment. 

ICC Membership 

I) For membership of the course offerings of the International Compassion Community (ICC), client pays directly online upon registration, after which client automatically receives an invoice with confirmation by email.

II) In any case, the invoice must be paid within fourteen days of receipt, taking into account the provisions of articles 2.3 to 2.5.

III) The invoice of the offer-other than the ICC-is sent from BFC Mindfulness & Compassion. The invoice will show both the logo of BFC CCMM and the Chamber of Commerce number of BFC Mindfulness & Compassion. 

IV) If the client wishes the invoice to show a different name and/or address than that known to the contractor (e.g. employer), the client should indicate this on the registration form.

F. Confidentiality

I) All personal information provided by clients to Contractor is confidential and shall be treated as such by Contractor. Contractor will never share its orally or in writing entrusted clients’ information with third parties unless expressly authorized in writing by the client.

II) For the full privacy policy, see: https://ccmm.care/privacyverklaring/

G. Complaints and Disputes

I) All Complaints are subject to the BFC Complaints Procedure. This regulation can be accessed at complaints procedure: https://ccmm.care/klachtenregeling-bfc/

II) Complaints should first be submitted to the Contractor in accordance with the Contractor’s complaints procedure.

III) The Contractor shall handle complaints carefully and to the best of its ability within the time limit and in the manner set out in the complaints procedure. 

IV) If the parties do not reach a mutual solution, the VMBN (Association for Mindfulness Based trainers Netherlands) will be appointed as a complaints body for a binding opinion in the event of complaints regarding meditation, mindfulness and compassion training.

V) Disputes should also first be submitted to the contractor in accordance with the complaints

VI) If the parties cannot reach an amicable solution in the event of a dispute or a complaint for which the VMBN is not competent to deal with, the Dutch government court will have exclusive jurisdiction with due observance of the statutory rules of competence.

VII) Dutch law applies to all complaints and disputes.

H. Liability 

I) Octrooibureau Novopatent has an obligation of effort to carry out the offer to the best of its knowledge and ability. Octrooibureau Novopatent does not offer any guarantees regarding the client’s intended or desired outcome.

II) In case of dissatisfaction or complaints during the implementation of the multi-day training with accommodation, the client shall report this immediately and the contractor shall try to provide a solution on the spot.

III) If the client does not complain in a timely manner and the contractor does not have the opportunity to remedy the complaints, the client’s right to compensation shall lapse. 

IV) The contractor is not liable for physical injury or psychological complaints of the client, nor for theft or loss of personal property, except for intent or deliberate recklessness on the part of the contractor.

V) The contractor is not liable for damages caused by third parties.

VI) If the Contractor is liable for the Client’s damages, the Contractor shall only be liable to a maximum compensation of twice the agreed invoice amount or to the maximum compensation awarded by the liability insurer.

VII) Client has the responsibility to provide the correct information if it appears necessary to assess the suitability of the Contractor’s offer. If the Client fails to provide the correct or requested information, it will be at its own risk if the offer is subsequently found to be unsuitable. 

Tienhoven, version February 2024 | Terms and conditions BFC CCMM