General Terms and Conditions Lontaine
Last updated: 14 October 2019
These are the general terms and conditions (the “Conditions”) of Lontaine B.V. (“Lontaine”). Lontaine facilitates a global network of accommodation and care services, in order to mediate in the provision of specialized senior-, cognitive-, post-surgery- and rehabilitation care on location (the “Services”).
Please read these Conditions carefully: they apply to all offers, proposals, assignments, agreements and other dealings between Lontaine and the client (the “Client”). Lontaine offers its Services on the condition that the Client accepts these Conditions. Lontaine may amend these Conditions. The Client agrees that the latest version of these Conditions will always apply to the Agreement. The latest version of the Conditions is available on Lontaine’s website: https:www.lontaine.com.
If you have any queries, please do not hesitate to contact us via email@example.com or +31 (0) 644 7978 91. You can also reach us via Facebook at: https://www.facebook.com/lontaineprivatecare/, via LinkedIn at: https://www.linkedin.com/company/lontaine/about, and via Instagram at: https://www.instagram.com/lontaine/.
1.1 Lontaine: Lontaine B.V., a company with limited liability incorporated under Dutch law, having its registered office in Weesp (1381 DK) at Dr. A. Kuyperlaan 133, and registered with the trade register of the Dutch Chamber of Commerce under number 75909006.
1.2 Client: the natural person who wishes to engage Lontaine for its Services (an “Assignment”) and enters into an Agreement with Lontaine or negotiates with Lontaine to conclude an Agreement.
1.3 Partner: a provider of accommodation (e.g. house, hotel, motel, apartment, bed & breakfast), care services (e.g. nursing agencies, nursing freelancers), and any other related product or service as is from time to time requested by the Client.
1.4 Agreement: the agreement established between Lontaine and the Client at the time that Lontaine accepts an Assignment, including any amendment or supplement thereto.
1.5 Parties: Lontaine and the Client, together.
2 Offers and proposals
2.1 All offers and proposals for an Assignment from Lontaine are non-binding, unless agreed otherwise in writing. An offer or proposal only applies to the Assignment specified therein (and not for possible future Assignments).
2.2 An offer or proposal is based on a specific request from the Client. Lontaine may assume that the information provided by the Client is correct and will base the offer or proposal on that information.
3 Establishment of Agreement
3.1 The Agreement between the Client and Lontaine is established after an Assignment has been accepted by Lontaine.
3.2 Lontaine reserves the right, without giving any reasons, not to accept an Assignment or only to accept it on certain conditions.
4 Scope and nature of the Services
4.1 Upon an Assignment from the Client, Lontaine provides search and introduction services making use of its global service network of Partners in order to match the Client with (a) Partner(s) who best meets the Client’s requirements regarding accommodation, care or any other desired product or service (as applicable).
4.2 When rendering its Services, the information that Lontaine discloses is based on the information provided to it by the Partner(s). Although Lontaine will use reasonable skill and care in performing its Services, it cannot guarantee that all information is accurate, complete or correct, nor can it be held responsible or liable for any errors, any inaccurate, misleading or untrue information or non-delivery of information.
4.3 Each Partner remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information provided to the Client by Lontaine regarding its products and services (including information on the prices, policies, applicable terms and conditions, and availability).
4.4 If the Assignment is successful (i.e. Lontaine’s search leads to a successful introduction) the Client enters into a direct (legally binding) contractual relationship with the Partner(s) for the hire of accommodation, or the provision of care services or any other product or service (as applicable).
4.5 From the point at which the Client enters into such a (legally binding) contractual relationship with a Partner, Lontaine acts solely as an intermediary between the Client and the Partner. Lontaine itself does not (re)sell, rent out, or offer any accommodation, care, travel or other products or services.
4.6 When the Client enters into a (legally binding) contractual relationship with a Partner, the Client accepts and agrees to the relevant cancellation, no-show and other policies of that Partner, and to any additional terms and conditions of the Partner that may apply to the provision of its products and services.
4.7 These policies and terms and conditions can be obtained with the Partner, and its Client’s own responsibility to inform his/herself of the content and acceptability of such policies and terms and conditions prior to entering into a (legally binding) contractual relationship with the Partner.
5.1 Lontaine shall perform the Services and execute the Assignment at the best of its knowledge and abilities, and according to the requirements of professional practice.
5.2 The Client shall timely provide Lontaine with all necessary information required for the successful execution of the Assignment.
5.3 If the Client does not provide the necessary information in time, Lontaine may suspend the execution of the Assignment.
5.4 Services performed by Lontaine are exclusively for the benefit of the Client.
6 Prices and payment
6.1 The applicable prices for the products and/or services to be provided to the Client by the Partner(s) will be quoted by Lontaine on a case by case basis.
6.2 Lontaine will charge a commission fee for its Services from both the Client and the Partner. This fee will be included in the quoted price mentioned in clause 6.1 above.
6.3 Quoted prices are exclusive of any expenses made by Lontaine as well as exclusive of VAT and other government levies.
6.4 Unless agreed to otherwise in writing, amounts due by the Client for the requested products and services must be paid within fourteen (14) days to Lontaine. Upon receipt of such payment, Lontaine will remit the relevant payment(s) to the Partner(s).
6.5 In case of cancellation of the provision of any products or services by the Client, the Client is liable for the total commission owed to Lontaine as referred to in clause 6.2 above. Cancellation by the Client can only take place if provided for and in accordance with the applicable cancellation policies of the relevant Partner(s). The remainder of the price paid by the Client, if applicable, is returned by Lontaine to the Client within 30 to 60 days of cancellation.
7.1 All confidential information which Lontaine and the Client exchange within the context of the Assignment will remain undisclosed in respect of third parties. Information is considered confidential if this results from the nature of the information or the information is explicitly regarded as confidential by Lontaine and/or the Client.
7.2 Lontaine shall not use any information of the Client in a different manner than necessary for the execution of the Assignment.
7.3 Lontaine and the Client are not liable for compensation of damages or indemnification, if they are required by law to disclose the confidential information and comply with this statutory duty.
8.1 To the extent permitted by law, Lontaine cannot be held liable for any indirect damages resulting from the Client’s use of its Services. This includes (but is not limited to) loss of income, profits, business, data or information and/or any other type of remote, incidental, special or consequential damages.
8.2 If Lontaine is liable to the Client for damages resulting from its Services, for any reason, the liability will be limited to an amount equal to the relevant commission fees charged to the Client by Lontaine in accordance with clause 6.2 above. The liability of Lontaine is in any case limited to the amount its insurance company will disburse in that specific case.
8.3 Lontaine is never liable for:
(i) the services, products, actions or inactions of any Partner(s) or other third parties;
(ii) any damage that occurs due to the fact that the information provided by the Client or the Partner(s) to Lontaine was incorrect or incomplete;
(iii) failure to meet any of the obligations of Lontaine under the Agreement or these Conditions where such failure is due to events beyond the control of Lontaine (force majeure).
8.4 Lontaine is not responsible or liable for the use, validity, quality, suitability, fitness and due disclosure of any Partner’s products and services, and makes no representations, warranties or conditions of any kind in this respect. The Client hereby acknowledges and agrees that the relevant Partner is solely responsible and assumes all responsibility and liability in respect of its products and services and any warranties and representations made thereto.
8.5 Complaints or claims in respect of any Partner’s products or services will be dealt with by the relevant Partner. Lontaine is not responsible or liable in respect of such complaints, claims and liabilities.
9 Third parties
9.1 Lontaine may involve third parties to (partially) perform the Services, in which case clauses 7:404, 7:407 and 7:409 of the Dutch Civil Code (Burgerlijk Wetboek) do not apply.
10.1 Lontaine respects the Client’s privacy. Lontaine is compliant with the General Data Protection Regulation and other relevant privacy legislation and regulations. If use is made by the Client of the Services, certain personal data must be processed. Lontaine’s [https://www.lontaine.com/privacy] explains which personal data it collects and for what purposes.
11 Complaints procedure
11.1 If the Client has any complaints about the execution of the Agreement by Lontaine, he/she should contact Lontaine and send a comprehensively described complaint as soon as possible to [firstname.lastname@example.org].
11.2 The Client’s complaint will be dealt with as soon as possible, yet at the latest within fourteen (14) days after receipt thereof by Lontaine. Should it take longer to finalize the complaint, a confirmation of the Client’s complaint will be sent within fourteen (14) days by Lontaine to inform the Client when a substantive response can be expected.
11.3 If Lontaine and the Client are unable to mutually resolve the complaint within four (4) weeks, the Client may report the complaint via the European ODR platform.
12 Queries, remarks and suggestions
12.1 Lontaine wants to offer all its Clients an optimum service. For any queries, remarks or suggestions, the Client may contact Lontaine using the contact details below or via the contact form on Lontaine’s website. Lontaine will endeavor to respond to messages within five (5) working days.
Dr. A. Kuyperlaan 133
1381 DK Weesp
Email address: email@example.com
Chamber of Commerce no.: 75909006
VAT Number: NL.8604.38.120.B.01
13.1 If Lontaine does not enforce parts of these Conditions and/or the Agreement, this cannot be regarded as a waiver of the right to enforce this at a later stage against the Client.
13.2 The Client cannot transfer his/her rights and obligations under these Conditions and/or the Agreement to third parties.
13.3 Lontaine can assign and/or transfer all rights and obligations under these Conditions and/or the Agreement to a third party, without consent from the Client being required.
13.4 If any provision of these Conditions and/or the Agreement is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Conditions and/or the Agreement. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that closely achieves the aim and scope of the replaced provision.
14 Applicable law and competent court
14.1 These Conditions and all Agreements between the Parties are exclusively governed by Dutch law.
14.2 Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Conditions and/or the Agreements must be submitted to the competent court in Amsterdam.