Terms and Conditions
Recovery To Travel
version July 2026
1. Parties and Scope
1.1 Parties
These Terms and Conditions (hereafter the “T&C”) are made by and between:
Professional:
Name: Jen Huss
Name of the Company: Recovery To Travel
Legal Form: Eenmanszaak (ZZP — zelfstandige zonder personeel)
Registered Address: Londenstraat 126, 3541 CB Utrecht, the Netherlands
Chamber of Commerce (KvK) No.: 42070508
European VAT number: NL005471136B56
Email: jen@recoverytotravel.nl
Phone: +31 (0)6 27 33 85 57
Website: www.recoverytotravel.nl
Activity: Career and business strategy consultancy for internationals relocating to or established in Europe
Hereafter the “Professional”
AND
The Client:
Name: [Full Name]
Address (if a business, registered legal address): [Address]
Country: [Country]
Email: [Email Address]
Phone: [Phone Number]
If the Client is a business
Registration No. and name of the registry in the country of registration: [...]
if relevant, European VAT number: [...]
Hereafter the “Client”
Collectively, the Professional and the Client are referred to as the “Parties.”
For the purposes of these T&C:
a “Consumer” is a Client who is a natural person acting for purposes outside their trade, business, craft, or profession;
a “Business Client” is a Client acting in the course of their trade, business, craft, or profession, including sole proprietors (such as ZZP’ers) and companies engaging the Professional for business purposes.
Where a provision of these T&C applies only to Consumers or only to Business Clients, this is expressly indicated. All other provisions apply to both.
1.2 General Information
These T&C are provided to the Client by the Professional prior to the engagement. The Client acknowledges that they have read, understood, and agree to be bound by these T&C.
Acceptance of the Professional’s Quote constitutes the Client’s acceptance of these T&C. Upon acceptance of the Quote by the Client, these T&C become legally binding on both Parties. The T&C enter into force at the moment set out in Article 2.1.3 (the "Effective Date"). For the booking of a Compass Call as described in Article 2.1.3, payment of the applicable fee constitutes acceptance of these T&C.
The Professional is and shall remain an independent contractor, registered with the Chamber of Commerce (KvK), and not an employee, agent, partner, or joint venture of the Client. The Professional shall determine the method, manner, and means by which the work is performed. These T&C do not create an employment relationship between the Client and the Professional.
The governing language of these T&C is English, and the English text alone constitutes the entire and valid agreement. Any translation that the Professional may provide to the Client is solely for informational use and holds no binding force. The original English version will prevail in the event of any conflict.
2. Execution of the Terms and Conditions
2.1 The Professional
2.1.1 Definition of the Professional and Scope of Services
The Professional operates a career and business strategy consultancy supporting internationals in relocating to, finding employment in, or building a business in Europe. The Professional acts as a strategist and advisor: she designs the strategy, materials, and roadmap that the Client then executes.
The services include, but are not limited to:
job-search strategy: tailored market and sector research, mapping of target employers and opportunities in light of the Client's visa or residence status, action plans and blueprints, outreach strategy and wording, and rewriting of CVs, application materials, and LinkedIn profiles to European standards;
business strategy: development of business plans — including plans intended to support a DAFT application — and strategy and client-pipeline research for ZZP or BV businesses;
digital presence: website evaluation and audit, search engine and AI-crawler optimization recommendations, and, where included in the Quote, set-up and management of Google Ads or Meta Ads campaigns;
relocation guidance: practical, non-legal orientation in preparation for and following the move.
The exact scope of each engagement is defined in the Quote. Services not listed in the Quote are not part of the engagement.
2.1.2 Services NOT Provided by the Professional
The following fall expressly outside the scope of the Professional’s services:
No employment placement or intermediation
The Professional is a strategist, not a recruiter, employment agency, or placement agency. The Professional does not place Clients in employment, does not introduce Clients to employers or recruiters with a view to the conclusion of an employment contract, does not negotiate or conclude any employment contract on the Client's behalf, and does not act as an intermediary (arbeidsbemiddelaar) within the meaning of the Dutch Placement of Personnel by Intermediaries Act (Wet allocatie arbeidskrachten door intermediairs, "Waadi"). Where the Client is seeking employment, all applications, interviews, negotiations, and contacts with employers and recruiters are undertaken by the Client, using the strategy and materials provided by the Professional.
For the avoidance of doubt, where the Client operates a business (such as a ZZP or BV), the Professional may — where included in the Quote and with the Client's prior approval of the materials used — promote the Client's business and introduce it to potential customers with a view to the Client obtaining commercial assignments or service contracts for that business. Such introductions concern business-to-business opportunities only; they never concern, and shall not be used for, the conclusion of an employment contract. Whether to pursue any introduced opportunity, and on what terms, remains at all times a matter between the Client and the third party concerned.
No legal, immigration, tax, or financial advice
The Professional is not a lawyer, immigration advisor, tax advisor, or accountant. Business plans, roadmaps, and other deliverables are strategic and commercial documents; they do not constitute legal or immigration advice, and the Professional does not represent the Client before the Immigration and Naturalisation Service (IND) or any other authority. The Client is encouraged to seek independent professional advice on visa, residence, tax, and legal matters.
No guarantee of outcomes
The Professional does not and cannot guarantee that the Client will obtain employment, interviews, a visa or residence permit, clients, revenue, or any other specific result. Decisions on employment rest with employers; decisions on visas rest with the immigration authorities; commercial results depend on the market. The Professional’s obligations are best-efforts obligations (inspanningsverplichting), as further set out in Article 8.1.
This list is not exhaustive. The Professional reserves the right to decline any request that falls outside her area of expertise or services, even where not expressly listed above.
2.1.3 Engagement Process
Introductory contact
A prospective Client may either:
book a free introductory call of approximately twenty (20) minutes, or
book a paid strategy session (the "Compass Call") at the fee published by the Professional or stated in writing.
The Compass Call fee is payable in advance; payment confirms the booking. The Client may reschedule the Compass Call once, free of charge, by giving the Professional written notice (email being sufficient) at least twenty-four (24) hours before the scheduled time. If the Client cancels or reschedules less than twenty-four (24) hours before the scheduled time, fails to attend, or requests a second reschedule, the fee is forfeited. This is without prejudice to Article 4 where the Client is a Consumer.
The Compass Call is a stand-alone service and does not oblige either Party to enter into a further engagement. Where the Client accepts a Quote for a package within twelve (12) months of the date of the Compass Call, the Compass Call fee shall be credited in full against the fee of that package, as reflected in the Quote. After this period, the credit lapses and the Compass Call fee remains due as payment for the session itself.
Intake questionnaire
Before the Professional prepares a Quote or commences any work under a package, the Client shall complete the Professional’s intake questionnaire, covering in particular the Client’s career history, goals, target countries, and relevant documents. Completion of the intake questionnaire, to the Professional’s reasonable satisfaction, is a condition precedent to the commencement of the engagement. Any timeline communicated by the Professional only starts running once the completed questionnaire and all requested documents have been received.
Quote, acceptance, and commencement
Following the intake, the Professional shall issue a written Quote setting out the fixed scope of services, the deliverables, the indicative delivery period, the fees, and the payment terms. Unless otherwise stated therein, the Quote is valid for thirty (30) calendar days from its date; after this period it lapses and the Professional is no longer bound by it.
The Client accepts the Quote:
by an unambiguous written statement (email being sufficient)
or by signing the Quote
or by paying the first invoice relating to the Quote.
The agreement between the Parties is concluded — and these T&C enter into force (the "Effective Date") — at the moment the Professional receives the Client's acceptance. For Consumers, the Withdrawal Period referred to in Article 4 starts running from that moment.
Upon acceptance of the Quote and receipt of the initial payment described in Article 3.2, the Professional shall commence the work.
Delivery and follow-up window
Deliverables are produced and delivered over the period specified in the Quote, typically between four (4) and twelve (12) weeks depending on the package. Where the Quote includes a follow-up support window, the nature, duration, and limits of that support (for example: email questions relating to the delivered materials) are as specified in the Quote. Support requested outside that window, or exceeding its limits, may be declined or offered at the Professional’s then-current rates.
Timelines are indicative. Delays caused by the Client — including late delivery of information, documents, or feedback — automatically extend the delivery period accordingly.
2.1.4 Use of AI and Third-Party Tools
The Client acknowledges and agrees that the Professional may use artificial intelligence tools and other third-party software (including research, drafting, and analysis tools) in the preparation of deliverables. The Professional reviews, edits, and takes responsibility for all deliverables provided to the Client. The Professional exercises care in her use of such tools and shall not enter the Client's sensitive personal or confidential information into tools that do not offer an adequate level of data protection.
The Client may at any time designate in writing (email being sufficient) specific information that must not be shared with or entered into any AI tool or third-party software. The Professional shall comply with any such designation from the moment of its receipt, in accordance with Article 5. Where a designation makes it impossible or materially more difficult to perform part of the agreed services, the Professional shall inform the Client, and the Parties shall agree on how to proceed; any resulting adjustment to the scope, timeline, or fees shall be agreed in writing.
2.1.5 Communication
The Professional commits to maintaining regular and transparent communication with the Client regarding progress, timelines, and priorities, and shall respond to Client emails within three (3) business days, excluding Dutch public holidays. Given the time difference with Clients located outside Europe, the Professional may, at her own discretion, respond to messages outside her regular working hours. Any such response is a courtesy only: it does not create any obligation or expectation of availability outside regular working hours, and the response times set out in this Article remain the only applicable standard.
2.2 Obligations of the Client
2.2.1 Obligations During the Engagement
Throughout the engagement, the Client shall:
complete the intake questionnaire and provide accurate, complete, and timely information, documents, and materials necessary for the performance of the services;
guarantee the accuracy and truthfulness of all information provided about their career history, qualifications, and experience — deliverables such as CVs, cover letters, LinkedIn profiles, and business plans are prepared on the basis of the information supplied by the Client, and the Client remains solely responsible for their accuracy and for their use in applications or official procedures;
respond to requests for information, approvals, or feedback within a reasonable timeframe, and in any event within one (1) week, failing which the project timeline is extended accordingly;
make all payments in full and on time, in accordance with Article 3;
retain sole responsibility for all decisions, applications, submissions, and outcomes — including the decision to apply for any role, visa, or opportunity, and the content of anything the Client submits to employers or authorities;
where the engagement includes advertising campaigns: provide timely access to the relevant ad accounts and assets, and bear all advertising spend charged by the platforms, which is payable by the Client directly to the platform and is not part of the Professional’s fees;
promptly inform the Professional of any development that may affect the engagement, including a change in visa status, target country, or goals.
If the Client fails to respond to the Professional’s communications for a period of two (2) consecutive weeks, the Professional may pause the engagement and invoice all work completed to date. If the Client fails to respond for one (1) consecutive month, the Professional may terminate the engagement in accordance with Article 9 and invoice all work completed to date.
2.2.2 LinkedIn and Other Online Profiles
Where the agreed services include the review, audit, or optimization of the Client's LinkedIn profile or any other online profile or account, the Professional works exclusively on the basis of information and materials provided by the Client or publicly visible on the profile. The Professional shall never request, and the Client shall not share, the Client's account credentials. The Professional's deliverable consists of recommendations, rewritten content, and instructions; the implementation of any change to the profile or account is carried out by the Client themselves. The Client remains at all times the sole holder of, and solely responsible for, their own account, including the decision whether and how to implement any recommendation, the accuracy of the content published, and compliance with the platform's terms of service. In accordance with Article 8.4, the Professional shall not be liable for any consequence of the implementation or non-implementation of her recommendations on the platform concerned, including any restriction, limitation, or suspension of the Client's account.
2.2.3 Obligations Upon and Following the End of the Engagement
Upon the end of the engagement, regardless of the reason, the Client shall:
settle all outstanding invoices in full;
refrain from representing the Professional’s methodologies, frameworks, templates, or working documents as their own, and from sharing, reproducing, or selling them to third parties without the Professional’s prior written consent (see Article 6);
acknowledge the Professional’s right to reference the existence of the client relationship in her portfolio and marketing materials, subject to and within the limits of Articles 5 and 6.4.
3. Fees and Payment Terms
3.1 Quote and Fees
The Professional shall provide the Client with a written Quote detailing the scope of services, the deliverables, the corresponding fees, and the accepted payment methods. All fees are stated in Euros (€). The Quote states, for each service or package, the fee exclusive of VAT, the applicable VAT rate, and the total fee inclusive of VAT. Where no Dutch VAT is due — for example for Clients located outside the European Union — the Quote shall state this. For Consumers, all prices communicated by the Professional, including on the website, are inclusive of VAT where VAT applies.
Prices and service descriptions displayed on the Professional’s website are provided for informational purposes only and do not constitute a binding offer.
3.2 Payment Schedule
3.2.1 Payment Term
Unless otherwise specified in the Quote or in these T&C, all invoices issued by the Professional are payable within fourteen (14) calendar days of the invoice date (the “Payment Term”). Wherever these T&C refer to the Payment Term, this period applies.
3.2.2 Compass Call
The Compass Call fee is payable in full at the time of booking. The booking is only confirmed upon receipt of payment.
3.2.3 Packages — Initial Payment
Unless the Quote provides for a different payment schedule in accordance with Article 3.2.4, the Professional shall, upon acceptance of the Quote, issue a first invoice for fifty percent (50%) of the total fee, payable within the Payment Term. In all cases, the first instalment provided for in the Quote must be received in full by the Professional before any work commences. Subject to Article 4 (Right of Withdrawal for Consumers), once the Professional has commenced the work, amounts paid for work performed and capacity reserved are non-refundable.
3.2.4 Packages — Payment Schedule and Final Payment
The fee shall be invoiced in accordance with the schedule set out in the Quote, which may provide for a single final invoice upon completion of the work, for instalments tied to the delivery of defined parts of the work (milestones), or for instalments tied to defined dates or periods. Instalments are tied to dates or deliveries only, never to the achievement of any outcome. Deliverables are provided in review format; the definitive, ready-to-use version of a deliverable is only released while the Client has no overdue invoices, and the definitive versions of all deliverables are released upon receipt of full payment of all instalments due at that time. In the absence of a specific schedule in the Quote, the remaining fifty percent (50%) of the total fee shall be invoiced upon completion of the work, payable within the Payment Term, and the definitive versions of all deliverables shall be released upon receipt of full payment. Where the Quote includes a follow-up support window, that window only commences upon receipt of the final payment.
3.2.5 Additional Services
Services requested outside the scope of the Quote shall be agreed in writing (email being sufficient) and invoiced separately at the Professional’s then-current rates, payable within the Payment Term.
3.3 Consequences of Non-Payment
If the Client fails to remit payment by the due date, the following applies.
3.3.1 For Consumers
The Professional shall first send the Consumer a written payment reminder granting a further period of at least fourteen (14) calendar days, starting the day after receipt of the reminder, to pay without additional costs, and stating the amount of extrajudicial collection costs that will become due if payment is not made within that period. If payment is not received within that period, the Consumer shall owe:
statutory interest (wettelijke rente, Article 6:119 of the Dutch Civil Code) on the outstanding amount from the day following the original due date until full settlement;
and extrajudicial collection costs calculated in accordance with the Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten), with a minimum of €40.
3.3.2 For Business Clients
Upon expiry of the Payment Term, the Business Client shall be in default (verzuim) by operation of law, without any reminder or notice of default (ingebrekestelling) being required. The Business Client shall owe:
statutory commercial interest (wettelijke handelsrente, Article 6:119a of the Dutch Civil Code) on the outstanding amount from the day following the due date until full settlement;
and all reasonable extrajudicial collection costs, with a minimum of €40, as well as any legal fees and collection agency charges.
3.3.3 Suspension
The Professional reserves the right to suspend all ongoing work — including the production and transfer of deliverables, campaign management, and follow-up support — until all outstanding amounts, including accrued interest and costs, have been paid in full. Work shall resume within two (2) business days following confirmation of full payment; the delivery period is extended by the duration of the suspension.
3.3.4 Termination for Non-Payment
If payment remains outstanding for more than thirty (30) calendar days after the due date (in the case of a Consumer: after the expiry of the reminder period referred to in Article 3.3.1), the Professional shall be entitled to terminate the engagement with immediate effect by written notice. In that event, amounts already paid shall be retained as compensation for work performed, and the Client shall have no right to use any deliverable for which full payment has not been received, in accordance with Article 6.5.
3.3.5 Imputation of Payments.
Payments made by the Client shall be applied first to any collection costs due, then to accrued interest, and finally to the principal amounts outstanding, starting with the oldest.
4. Right of Withdrawal (Consumers Only)
This Article 4 applies only to Consumers who conclude the agreement at a distance (for example, via the Professional’s website, by email, or by video call), within the meaning of Book 6, Title 5, Section 2b of the Dutch Civil Code.
4.1 Withdrawal Period
The Consumer has the right to withdraw from the agreement, without giving any reason, within fourteen (14) calendar days from the day the agreement is concluded (the “Withdrawal Period”). To exercise this right, the Consumer must inform the Professional of their decision by an unambiguous written statement (email being sufficient) before the Withdrawal Period expires. The Consumer may use the model withdrawal form attached as Annex 1, but is not obliged to do so.
4.2 Performance During the Withdrawal Period
Where the Consumer wishes the Professional to begin performing the services during the Withdrawal Period — for example, to hold a Compass Call, or to commence work on a package, before the fourteen days have expired — the Consumer must expressly request this. In that case:
if the Consumer subsequently withdraws, the Consumer shall owe the Professional an amount proportionate to the services already performed at the moment of withdrawal, relative to the total scope of the agreement;
the Consumer acknowledges that they lose the right of withdrawal once the Professional has fully performed the services. A Compass Call that has taken place is a fully performed service.
4.3 Reimbursement
If the Consumer validly withdraws, the Professional shall reimburse all payments received from the Consumer, less any proportionate amount due under Article 4.2, without undue delay and in any event within fourteen (14) calendar days of being informed of the withdrawal, using the same means of payment as used for the initial transaction unless otherwise agreed.
5. Confidentiality
5.1 Confidential Information
Each Party shall keep confidential all non-public information received from the other Party in connection with the engagement and shall not disclose it to any third party, except where strictly necessary to perform its obligations under these T&C or where required by law.
For the Professional, confidential information includes in particular the personal, family, financial, and career information that the Client shares in the course of the engagement. For the Client, confidential information includes in particular the Professional’s methodologies, frameworks, templates, research methods, and pricing.
Information that the Client has designated in writing as not to be shared with or entered into AI tools or third-party software, in accordance with Article 2.1.4, forms part of the Client's confidential information. The Professional shall handle such information exclusively in her own working environment and shall not process it through any such tool.
5.2 Exclusions
Information that is or becomes publicly known through no act or omission of the receiving Party, or that the receiving Party lawfully held before disclosure, shall not be considered confidential information under these T&C.
5.3 Duration
The obligations under this Article 5 remain in force during the engagement and survive its end.
6. Intellectual Property Rights
6.1 Background Intellectual Property
These T&C do not transfer or grant any rights over the pre-existing intellectual property of either Party. Each Party retains full ownership of their respective background intellectual property, including but not limited to trademarks, methodologies, frameworks, questionnaires, templates, trade secrets, and any materials created independently of this engagement.
6.2 Ownership of Deliverables
Upon receipt of full payment for the relevant services, all intellectual property rights in the deliverables created specifically for the Client in the course of the engagement — including CVs, cover letters, LinkedIn content, reports, target lists, outreach scripts, blueprints, and business plans — shall transfer to the Client. Until full payment has been received, all such rights remain vested in the Professional.
The transfer applies solely to the bespoke deliverables created for the Client. It does not extend to the Professional’s underlying templates, structures, frameworks, research methods, or methodologies used or adapted in creating those deliverables, which the Professional remains free to reuse for other clients.
6.3 Client’s Right to Use
Upon transfer of ownership, the Client may freely use, adapt, and modify the deliverables for their own personal or business purposes, including submitting them to employers, authorities, and platforms. The Client may not resell, sublicense, or otherwise commercially exploit the deliverables as standalone products or services, and may not make the Professional’s templates, frameworks, or methodologies available to third parties.
6.4 Professional’s Right to Reference
Subject to Article 5, and unless the Client has submitted a written anonymity request, the Professional shall be entitled to reference the existence and general nature of the engagement in her portfolio and marketing materials, and to reproduce testimonials provided by the Client with the Client’s express consent. Where the Client requests anonymity in writing, the Professional may only reference the engagement in terms that cannot reasonably identify the Client (for example, “a marketing professional relocating from the US to the Netherlands”).
Given the personal nature of the services, the Professional shall in no event publish a Client’s name in connection with their job search, visa process, or personal circumstances without the Client’s prior written consent.
6.5 Suspension of Rights for Non-Payment
No ownership transfers, and no right to use any deliverable exists, until full and final payment of all amounts due. In the event of non-payment, the Client shall cease any use of the deliverables at the Professional’s first request.
7. Data Protection and Privacy
The Professional processes personal data relating to the Client with due care and in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection legislation. For the personal data collected through the intake questionnaire and during the engagement, the Professional acts as an independent data controller: she determines how and why this data is processed in order to deliver her own services.
The Client is aware that the effective performance of the services requires the Professional to process detailed personal information, including career history, and potentially information about family circumstances and finances. The Professional processes such information solely for the purpose of performing the engagement and retains it no longer than necessary for that purpose and for compliance with her legal obligations (including tax retention periods).
The Professional’s Privacy Policy, which sets out in detail how personal data is collected, used, shared, and protected, is available at: https://www.recoverytotravel.nl/privacy-policy. By entering into an agreement with the Professional, the Client acknowledges having read and understood the Privacy Policy.
8. Liability
8.1 Nature of the Professional’s Obligations
The Professional’s obligations under these T&C are best-efforts obligations (inspanningsverplichting) and not obligations of result (resultaatsverplichting). The Professional commits to applying her professional experience, market knowledge, and expertise with care and diligence. The Client acknowledges that the Professional does not guarantee, and cannot guarantee, any specific outcome — including obtaining interviews, employment, a visa or residence permit, clients, revenue, advertising performance, or any other commercial or personal result — and that such outcomes depend on decisions of employers, immigration authorities, platforms, and markets that lie outside the Professional’s control. The absence of a hoped-for outcome does not constitute a shortcoming (tekortkoming) of the Professional and does not entitle the Client to withhold, reduce, or reclaim payment.
8.2 Limitation of Liability
The Professional’s liability for any loss or damage arising out of or in connection with the performance or non-performance of the services shall be limited to direct damages caused by her own demonstrable fault. The Professional shall not be liable for indirect or consequential loss, including but not limited to loss of income, loss of profit, loss of opportunity, immaterial damage, or costs incurred by the Client in reliance on an expected outcome (such as relocation costs, notice given on existing employment, or housing commitments).
8.3 Cap on Liability
Except in cases of intent or deliberate recklessness (opzet of bewuste roekeloosheid) on the part of the Professional, the Professional’s total aggregate liability shall not exceed the total fees paid by the Client under the relevant engagement.
With respect to Consumers, the limitations and exclusions in this Article 8 apply only to the extent permitted by mandatory Dutch and European consumer law, and do not limit any liability that cannot lawfully be limited or excluded.
8.4 Client Information and Third Parties
The Professional shall not be liable for any loss or damage resulting from inaccurate, incomplete, or misleading information provided by the Client, from the Client’s use of deliverables in a manner not agreed, or from decisions of third parties, including employers, immigration authorities, advertising platforms, and recruiters.
The Professional shall not be liable for delays, interruptions, or errors arising from third-party software, platforms, or service providers used in the delivery of services (including but not limited to LinkedIn, Google, and Meta), which are subject to their own terms of service and outside the Professional’s control.
The Client shall indemnify and hold the Professional harmless (vrijwaring) against any claim by a third party — including employers, immigration or other authorities, and the Client's own clients or prospects — arising from or connected to inaccurate, incomplete, misleading, or untruthful information provided by the Client and reflected in the deliverables, including CVs, application materials, LinkedIn profiles, and business plans.
8.5 Force Majeure
Neither Party shall be held in breach of these T&C where failure to perform results from a Force Majeure event. Force Majeure means any cause or circumstance beyond the affected Party's reasonable control that permanently or temporarily prevents the fulfilment of their obligations, including but not limited to: war or danger of war, civil unrest, natural disasters, riot, strike, transport disruptions, failures of computer systems, platforms, or power supply, pandemic, epidemic or any other threat to public health, serious illness, and — in the case of the Client — circumstances of comparable gravity affecting the Client's relocation or personal situation.
Where a Force Majeure event occurs, the affected obligations shall be suspended for its duration. The affected Party shall notify the other Party as soon as reasonably practicable. For the avoidance of doubt, Force Majeure does not suspend or extinguish the Client's obligation to pay for work already performed; payment obligations relating to services not yet performed are suspended for the duration of the event.
If a Force Majeure event continues for more than sixty (60) consecutive days, either Party may terminate the engagement, or the affected part thereof, by written notice, without liability for damages or compensation on either side. In that event, the Client shall pay for the work performed up to the date of termination, and the Professional shall refund any amounts paid for work not performed.
9. Term and Termination
9.1 Term
These T&C shall enter into force on the Effective Date and shall remain in force until the Professional has completed the services as defined in the Quote — including any follow-up support window — and has received all payments due, unless terminated earlier in accordance with the provisions below.
9.2 Termination for Convenience
Either Party may terminate the engagement for convenience by written notice to the other Party.
Where a Business Client terminates for convenience, the Business Client shall pay for all work performed up to the date of termination, calculated on a pro-rata basis according to the stage of completion, with a minimum equal to the initial payment referred to in Article 3.2.3, retained as compensation for capacity reserved and work performed.
Where a Consumer terminates for convenience, the Consumer shall pay a reasonable amount for the work performed up to the date of termination, calculated on a pro-rata basis according to the stage of completion, plus expenses reasonably incurred; any amount already paid in excess shall be refunded. This is without prejudice to Article 4 where it applies.
9.3 Termination for Cause
Either Party may terminate the engagement with immediate effect by written notice if:
the other Party commits a material breach of these T&C and fails to remedy that breach within fourteen (14) calendar days of receiving written notice specifying the breach; or
the other Party becomes insolvent, is subject to bankruptcy proceedings, receivership, or any analogous proceedings under applicable law.
The foregoing is without prejudice to Article 3.3.4, which applies independently in the event of non-payment.
9.4 Effects of Termination
Upon termination for any reason:
the Client shall settle all outstanding fees for services rendered up to the date of termination;
deliverables relating to incomplete work shall be handed over in their then-current state and in review format, without any obligation on the Professional to complete them; the definitive versions are released upon payment of all amounts due, in accordance with Article 3.2.4;
and each Party shall, at the other’s request, return or destroy the other Party’s confidential information, subject to legal retention obligations.
9.5 Survival
The following provisions shall survive the termination or expiry of these T&C and remain in full force and effect:
Article 2.2.3 (Obligations Upon and Following the End of the Engagement)
Article 3 (Fees and Payment Terms),
Article 5 (Confidentiality),
Article 6 (Intellectual Property Rights),
Article 7 (Data Protection and Privacy),
Article 8 (Liability),
and Article 10 (Applicable Law and Jurisdiction).
10. Applicable Law and Jurisdiction
These T&C shall be governed by and construed in accordance with the laws of the Netherlands. Where the Client is a Consumer, this choice of law does not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence.
In the event of a dispute arising out of or in connection with these T&C, the Parties commit to first attempting resolution through good-faith negotiation for a period of thirty (30) calendar days following written notification of the dispute, and thereafter to consider mediation before initiating legal proceedings.
For Business Clients, disputes that remain unresolved shall be submitted as follows: for disputes involving an amount not exceeding €25,000, to the Kantonrechter of the Rechtbank Midden-Nederland; for disputes involving an amount exceeding €25,000, to the civil chamber of the Rechtbank Midden-Nederland.
For Consumers, disputes shall be submitted to the court that is competent under the applicable statutory rules. Where the Professional relies on a jurisdiction clause designating a court other than the court competent by law, the Consumer shall have one (1) month from the Professional’s written reliance on that clause to opt in writing for the court competent by law.
11. General Provisions
11.1 Entire Agreement
These Terms and Conditions, together with the Quote accepted by the Client, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior discussions, proposals, representations, or agreements, whether oral or written, relating to the same subject matter.
11.2 Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable by a competent court or authority, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or severed from these Terms and Conditions if modification is not possible. The remaining provisions shall continue in full force and effect.
11.3 No Waiver
The failure of either Party to enforce any provision of these Terms and Conditions on any occasion shall not constitute a waiver of that Party’s right to enforce such provision on any future occasion or to enforce any other provision of these Terms and Conditions.
11.4 Notices
Any notice or communication required or permitted under these Terms and Conditions shall be made in writing and delivered by email to the contact details specified in the Quote, or to such other address as a Party may notify in writing. Notices sent by email shall be deemed received on the next business day following transmission, unless the sender receives a delivery failure notification.
11.5 Amendment of Terms and Conditions
These T&C are subject to periodic review and may be updated by the Professional from time to time. The version of these T&C applicable to any given engagement shall be the version in force at the date the Client accepts the Quote. Any subsequent amendments to these T&C shall not affect engagements already in progress unless both Parties expressly agree in writing.
Annex 1 — Model Withdrawal Form (For Consumers only)
(Complete and return this form only if you wish to withdraw from the agreement. This form applies to Consumers only, in accordance with Article 4 of the Terms and Conditions. You may also withdraw by any other unambiguous written statement, such as a plain email.)
To:
Jen Huss — Recovery To Travel
Londenstraat 126, 3541 CB Utrecht, the Netherlands
Email: jen@recoverytotravel.nl
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service:
Service / package ordered: ______________________________________________
Ordered on (date of acceptance of the Quote or booking): ____________________
Name of Consumer(s): ___________________________________________________
Address of Consumer(s): _________________________________________________
Signature of Consumer(s) (only if this form is submitted on paper): ______________
Date: ______________
(*) Delete as appropriate.