General terms & conditions

/General terms & conditions
General terms & conditions 2019-02-05T20:04:28+00:00


Article 1

1.1 These are the general terms and conditions regarding training, services and execution of
work. The terms and conditions apply to all agreements between the foundation of the
Mission Aviation Training Center (hereafter MATC) and her students or other clients (hereafter
the Client).
1.2 If there is a deviation from these general terms and conditions, to whatever extent, the
deviation must be agreed upon explicitly in writing. The provisions of the general terms and
conditions that are not deviated from, remain fully applicable.


Article 2

All quotations offered by MATC are without obligation. Requests made by the Client to
provide training, the provision of services or the performance of work must first result in an
agreement. The afore mentioned requests will only be obligated if MATC has accepted these
requests in writing by signing an agreement with the Client.


Article 3

3.1 With the conclusion of an agreement made, MATC undertakes to provide training, the
provision of services or the execution of activities as specified in the agreement.
3.2 MATC is obliged to carry out its training, services and activities to the best of its
knowledge and ability with due consideration to the requirements imposed by the
3.3 Without prejudice to its responsibility for the proper execution of the agreed services, the
MATC is free to make use of the services of third parties – subject to the applicability of these
terms and conditions – with due compliance to any requirements imposed by the
3.4 The Client agrees to provide MATC with the opportunity to perform the agreed training,
services and activities. This includes, among other things, providing sufficient information for
determining the related work.
3.5 Both parties agree to observe secrecy with regard to all information of a personal or
business sensitive nature, that arise from the provision and execution of services of MATC on
behalf of the Client.
3.6 The Client agrees to pay the price agreed upon between the parties for the training,
services or activities mentioned in this article.


Article 4

4.1 MATC will charge prices and rates as specifically agreed upon with the Client, unless MATC
and its Client have explicitly agreed otherwise. The aforementioned prices and rates, as
published in the financial guide and price list, for the training courses to be provided, and
services or work to be performed. The prices and rates include sales tax, unless otherwise
indicated. If the latter is the case, the sales tax will be charged to the Client.
4.2 MATC can adjust its prices and rates annually as of 1 January. MATC is entitled to increase
the prices and rates charged to the Client by percentage as of that date. MATC will inform its
Client of an increase as early as possible.
4.3 If cost price-increasing changes occur as a result of, among other things, changes in wages
and other employment conditions, VAT rates, wage supplements, premium increases for social
laws, increase of expense allowances as well as cost price increase due to external costs, MATC
is entitled to immediately increase the price or rate agreed with the client. These increases are
only applicable during the term of the agreement and with due consideration of the rules
defined by the government regarding this agreement.
4.4 The right to price increase as referred to in this article can only be initiated after three
months have elapsed, starting the moment MATC and the Client have signed the agreement.


Article 5

5.1 MATC is entitled to invoice before and at the beginning of the term in which the training,
services or activities will be performed. Payment must always take place within fourteen
working days after the invoice date. If the Client does not pay on time, they shall be in default
by operation of law and MATC shall be entitled to charge default interest equal to the
statutory interest rate plus 1% applicable on the date of invoicing. This default charge may be
done without any summons or notice of default required. This has no effect on MATC’s further
5.2 In the absence of timely payment, the Client is obliged to compensate MATC for all
extrajudicial and judicial collection costs that MATC must make in order to collect. The
extrajudicial collection costs are deemed to collect at least 15% of the amount owed, with a
minimum of 150 Euro, without prejudice to the right of MATC to claim a possible higher
amount of extrajudicial collection costs, should MATC owes a higher amount.
5.3 The Client is not entitled to apply any discount or compensation to the price or rate
agreed by him with MATC


Article 6

6.1 The agreement between the Client and MATC is entered into for a definite or indefinite
Parties are entitled to terminate an agreement for an indefinite period with a certified letter,
with due consideration of a notice period of three months, unless otherwise agreed upon.
A contract for a definite period of time will automatically be extended for the same period of
time at the end of the agreed definite period. This extension can be cancelled with a
registered letter by both the client and MATC, though this may occur no later than three
months before the date of expiry of the period.
6.2 As condition for release from the agreement; one or both parties are declared bankrupt, or
one or both parties apply for a (provisional) moratorium. If one or both situations threaten to
occur to the Client, then MATC is entitled to suspend its performance.
6.3 If the Client does not properly or punctually comply with any obligation arising from the
agreement concluded with MATC or from a related agreement, MATC is entitled to suspend
its performance of the agreement. MATC is entitled to do so also when there is good reason
to fear that the Client is unable or will not fulfill its contractual obligations towards MATC. The
suspension of performance of the agreement can be done for no more than six months
without notice of default, the suspension of performance can be done wholly or in part.
6.4 If during the execution of the agreement it appears that MATC would have to act in
violation of its code of conduct, any statutory regulation, good morals or public order, MATC
is obliged to cease operations. In such a case MATC is entitled to terminate the agreement
without notice of default, without MATC being obliged to pay any compensation for any
reason whatsoever. This form of termination may be initiated without prejudice to the right of
compensation for work already performed and costs incurred.


Article 7

7.1 If MATC is unable to do the agreed training, services or work due to conditions outside of
their control the provisions of article 7.2 and 7.3 apply. These conditions include; war or a
similar conflict, revolt, sabotage, fire, lightning, explosion, flooding, strikes, exclusion and,
furthermore, any event which, outside the will or the actions of MATC, temporarily or
permanently prohibits the execution of training, services or activities.
7.2 In the event that the agreed training, services or activities can temporarily not be
performed, the parties will not be entitled to immediately dissolve the agreement. In this
situation the clients obligation of payment does not change and is not suspended. In the case
of temporary situations of force majeure, MATC may suspend performance for a maximum of
sixty consecutive days. After that, each party may terminate the agreement with immediate
effect. If MATC is unable to perform part of the agreement then only the affected part of the
agreement may be dissolved.
7.3 In the event of permanent inability to provide the agreed services, the payment obligation
of the Client will not lapse and will not be suspended. In this context, the parties have the
right to dissolve the agreement immediately (again, only for the part that cannot be
performed by MATC) with immediate effect.


Article 8

8.1 MATC is only liable to the Client for damage, if and insofar as this damage occurred during
the execution of the agreed services and the damage is the result of intent or gross
negligence of MATC and / or the employee (s) deployed by MATC.
8.2 Without prejudice to MATC’s own liability, the employees deployed by MATC will not be
personally liable towards the Client for damage caused during the execution of the agreed
services, unless this concerns intentional or gross negligence.
8.3 MATC is not liable for damage if the Client has not made MATC liable by registered letter
within one week of the event of damage. This is to ensure MATC’s ability to investigate the
damage and cause of the event, which becomes severely limited when the client does not
submit notification within the specified period.
8.4 In the event that MATC is liable in accordance with Article 8.1, this liability shall only apply
to events that are covered under the insurance policy of MATC. The liability of MATC never
exceeds the insured amounts and is further limited to the payment made by the insurer in
respect of the damage suffered by the Client.
8.5 In deviation from the aforementioned, MATC is never liable and does not pay any
compensation for damage other than the damage referred to in article 8.1, in any way
whatsoever, including but not limited to:
– direct and indirect (business) damage, consequential damage and damage due to loss of
income of the Client;
– damage which caused by the applied method, particularly if no written objections have been
voiced by the client against this method of working; or if urgency, the client or circumstances
require this methodology of work;
– damage incurred due to the Client providing insufficient or incorrect information on the
basis of which the training, services or activities are be carried out by MATC.
8.6 The Client indemnifies MATC and the employees deployed by MATC against claims by
third parties with regard to damage of whatever nature, arising during the performance of the
agreed training, services or activities.


Article 9

9.1 The course material offered is exclusively intended for personal use. All material may not
be used without explicit prior permission from MATC, nor may it be multiplied, made public or
otherwise communicated to third parties during training, service or activity as well as after all
agreements are concluded.
9.2 It is also not allowed to disclose or use the material as specified in 9.1 in a modified form,
or to use it under the name of MATC without prior written permission from MATC.


Article 10

Unless otherwise agreed, the following agreements apply:
10.1 Travel and accommodation costs at the request of the client are invoiced on the basis of
a km tariff of € 0.35 and the actual costs incurred.
10.2 Any other costs incurred will be invoiced separately to the client.
10.3 The client is obliged to comply with the payment terms of the invoiced prices and rates
of the training, services or activities as included in the agreement with MATC and / or as
stated on the website.
10.4 The (agreed) prices or rates become definitive when the agreement is signed.


Article 11

11.1 The agreements between MATC and the Client are exclusively governed by Dutch law
11.2 All disputes that arise or arise in connection with agreements between MATC and the
client will take place at the district court of east-Netherlands in Arnhem for settlement be
submitted, or any other competent court selected by the MATC.


Article 12

In the event of changes made to the general terms and conditions, the Client will be notified
of the change and it will be assumed they have agreed to the changes made. If the client
wishes to disagree with the changes made, they must communicate their disagreement within
30 days of receiving the notice of changes.