TERMS AND CONDITIONS

Welcome to www.carolienmertens.com (“The Site”). The following terms and conditions of use administrate the use of our website and its services. We therefore advise all users to read them carefully before using our website in any form or manner, as your access to and use of the Carolien Mertens website, its contents, services, and/or any information related to and in connection with this website is conditional upon your acceptance without any modification of these specific terms and conditions of use.

USE OF THE SITE

We grant users who are 18 or older a limited, reversible, non-exclusive, non-assignable, and non-sublicensable license to access www.carolienmertens.com as long as they do so in compliance with these terms and conditions of use.  The site is owned and administered by Carolien Mertens under the laws of the country of Belgium. She offers www.carolienmertens.com as an event planning business platform, where users can find information about her services and book such services.

Whilst www.carolienmertens.com is careful to aggregate the highest quality information possible and to keep the information on this website as precise, comprehensive and current as possible, we cannot guarantee, and will not be held responsible for any damage or loss related to the accuracy, suitability or totality of the information.

We explicitly prohibit users from duplicating, reproducing, selling or reselling, copying, trading, or exploiting any part of our website for commercial purposes.

BASIC DEFINITIONS

Under this agreement, the following words or phrases shall mean:

Event: This shall mean events organized and operated by Carolien Mertens. It is broadly defined as the actual occurrence of any recreational, workshop, seminar, retreat or any other activity including but not limited to hotel accommodation, venue booking and local transport.

Organizer/event planner: This means Carolien Mertens and comprises its officers, managers, stockholders, agents, associates, representatives, employees and assigns except we specifically state otherwise.

We/Us: Used interchangeably, this shall refer to Carolien Mertens.

Client: This shall mean the individual/company who has assigned us with the task of organizing an event or with providing consultation related to event planning.

User: This shall mean an individual/company who logs on to this website.

You/your: Used interchangeably, this shall refer to the client and/or the user.

USER ACCOUNTS

Carolien Mertens welcomes visitors on its website, but we will ask you to fill a registration form in order to gain access to and use some parts of our website. This registration process may require that you supply personal information such as your name and relevant contact details.

You hereby attest that you are have attained a legal age and can form legally binding contracts; and that the information you make available on and to Carolien Mertens, both during the registration process and subsequently are honest, comprehensive and unambiguous. We may terminate your account and/or refuse any use now and later of the service if information you provide is found to be false, incorrect or deliberately misleading.

You are solely responsible for maintaining the confidentiality of your account and password, and you will bear full responsibility for all activities that occur under your account. Carolien Mertens will in no way be liable for any loss or damage arising from your failure to preserve your own account confidentiality.

INTERNATIONAL USE

We offer the Carolien Mertens Website primarily for Belgian use. We however understand that non-Belgians may gain access to the website due to the global nature of the internet. All international users hereby agree to comply with all local rules regarding online conduct and acceptable content.

INTELLECTUAL PROPERTY AND COPYRIGHT

The Carolien Mertens name, logo, website, button icons, page headers, scripts, and service names and all associated trademarks are trademarks of Carolien Mertens. The content of this site is fully protected by copyright, trademark, and all other proprietary rights and laws. You are prohibited from replicating, uploading, adapting, framing, distributing, linking, broadcasting, or in any way transmitting any material on the Carolien Mertens website without our written authorisation. Violation of our copyright may lead to the initiation of legal proceedings against the violator.

USER CONTENT

While the copyright to content submitted by users and clients remain theirs, by uploading content to our website, you grant Carolien Mertens a world-wide, payment-free and non-exclusive license to use, dispense, replicate, alter, translate, adjust, publish, publicly perform and or display such content (fully or in part) and to use such uploaded content in any format or medium now known or later developed without reimbursement to you or any third party.

USER CONDUCT

We allow our users and clients to provide feedback on the website in terms of comments and messages. While we may monitor user content for illegal and/or unauthorised activity, we are not under any obligation to do so. You thus understand and agree that under no circumstances will Carolien Mertens be liable for any errors or omissions in any uploaded content, any kind of damage or loss incurred as a result of the use of any content transmitted, posted or otherwise made available through the website.

As a user, you warrant that:

  • Your uploaded content does not violate any local, state, federal, or international laws.
  • You will not upload content that is offensive, slanderous, illegal, disparaging, threatening, ill-mannered, vile, or humiliating to any other person or entity as determined by Carolien Mertens.
  • Your content will not be untruthful, erroneous, or misleading, and will not violate third party rights, including copyrights, trade secrets trademarks, patents, and privacy or publicity rights.
  • Your uploaded content will not disrupt the normal flow of dialogue; interfere with or disrupt the website or servers or networks connected to the service; or act in a manner that hinders other users’ ability to engage in real time exchanges.
  • You may not upload advertisements, spam links to other websites or individuals or solicitations, without prior written permission from Carolien Mertens; or advertise chain letters or pyramid schemes.
  • You will not upload content that impersonates any person or entity, including, but not limited to, a Carolien Mertens official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • You will not post information or content that contains computer viruses or other harmful computer code.
  • You will not forge headers or otherwise manipulate identifiers in a bid to disguise the origin of any content transmitted through the website.
  • You will never be found uploading, posting, transmitting or otherwise making available any content that you do not have a right to make available under any country’s law or under fiduciary or contractual relationships.
  • You will not upload content that persecutes, hassles, degrades, or intimidates a person or a group of persons because of gender, religion, sexual orientation, ethnicity, race, age or disability.
  • You will not collect other users’ content or information on the website.
  • You will not access Carolien Mertens using automated means such as harvesting bots without our prior permission.
  • You will always evaluate, and consequently bear all risks associated with the use of any content on this website, including any reliance on the accuracy, completeness, or usefulness of such content.
  • You are exclusively responsible for any content you submit and agree to indemnify Carolien Mertens and its affiliates for all and any claims ensuing from any Content you submit.

Carolien Mertens reserves the right to and may without first notifying you, terminate your Carolien Mertens account and access to the website:

  • if you breach these terms and conditions of use;
  • At your request;
  • due to discontinuance or material modification to the website and service;
  • at the request of a law enforcement or other government agency;
  • due to unexpected technical or security issues or problems;
  • And after extended periods of user inactivity.

You agree that all terminations for cause shall be made in Carolien Mertens’ sole discretion and that we shall not be liable to you or any third-party for any termination of your account or access to the service.

LINKS

We may provide third parties links to other websites and/or resources as a matter of convenience only. The presence of such third party links does not constitute Carolien Mertens’ endorsement of such websites and resources. Consequently, we are not liable or responsible for any procedure, content, advertising, products, or other materials on or available from such third party sites or resources. You further acknowledge and agree that Carolien Mertens shall not be responsible or held liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

APPLICABILITY

All event planning accepted by us and arrangements subsequently made by us are subject to these terms and conditions. You understand and agree that our terms and conditions shall always supersede those of the client.

OFFERS

Subject to availability, all offers are valid for seven days from the offer date, and will expire without an option of appeal if clients do not accept the offer in writing within this period. All prices are quoted in Euro and are exclusive of VAT unless otherwise stated.

INVOICING AND PAYMENT

Clients must ensure that Carolien Mertens’ invoice is paid at least four weeks before the event takes place. If the event must take place within 30 days of offer, the invoice must be paid immediately.

We hold the right to cancel the event if payment has not been received on the day before the event is due to take place. All costs incurred in connection to such cancellation will be payable by the client.

If payment is not received the day before the event takes place, we will charge clients a 10 percent fine over the total outstanding amount with a minimum of 80 EUR.

If by an error, an event takes place without the client paying, the client will be in breach of the terms and conditions of this agreement. In such a case, we may refer the case to a debt collection agency, with all costs in relation thereto payable by the client, and/or decline to execute any further bookings of the clients that have already been made.

CANCELLATIONS AND CHANGES

All cancellations must be received in writing. We will regard the date of cancellation as the day on which the written cancellation is received by us.

If the client cancels an event, cancellation fees will be charged as follows:

  • More than four months before event date – 35 percent of total cost
  • Within four months of event date – 60 percent of total cost
  • Within two month of event date – 85 percent of total cost
  • Within one month of event date – 100 percent of total cost

Carolien Mertens will not reduce initial cost if the number of participants in an event will be reduced.

For clients who opt to make changes to the program of the event before or during the event, providing that such change is possible, the liability for covering all costs in relation thereto shall be such a client’s.

If it becomes necessary to substitute alternative accommodation (whether of a higher or lower standard), due to circumstances beyond our control, or if we make any other alterations to the event, we will inform you of the changes as soon as possible. If any, you must pay any additional cost due to such changes.

OUR OBLIGATIONS TO THE CLIENT

We act as event planners and booking agents. We are not direct suppliers of accommodation and activities which make up your travel arrangements, but will work with hotels and transport companies to facilitate accommodation and transportation. We are obliged and commit ourselves to carrying out our activities in a responsible manner and will use judicious sense in selecting the best suppliers.

You however agree that since suppliers of services are third party companies/organisations, Carolien Mertens will under no circumstances be held responsible for their failure or neglect to provide services in a just and judicious manner.

OBLIGATIONS OF THE CLIENT

Clients will pay for services in a timely manner, after we have issued our invoice.

Clients are required to  behave in a responsible manner during all activities so as to uphold our good name and reputation.

We hold the right to cancel an event or elements of the event if the client does not adhere to warnings issued by us or our supplier. In such a case, the client will still be fully responsible for payment for the event as well as for potential damages. Consequently no refund will be payable to the client.

The client understands that he/she participates in the event at their own risk and responsibility.

Clients will also adhere to Carolien Mertens’ and suppliers’ additional terms and conditions on:

  • The physical suitability for participation in any event;
  • Restrictions on the use of alcohol, drugs and cigarettes;
  • The observance of instructions during the event;
  • The possible last minute cancellation of an outdoor event during extreme weather conditions, if we so decide; and

The obligation to sign on at the venue of the event a waiver form with regard to damages and liability, if required.

RESPONSIBILITIES AND LIABILITIES

While we will display contentious sense in our selection of suppliers, we cannot be held responsible for the execution of the event by supplier(s). We will not be held liable for any other damage than direct damages suffered by clients, if proven to be as a result of our willful misconduct or gross negligence. Our liability will be limited to the maximum amount of the agreed assignment.

Carolien Mertens will not be responsible for any damages of whatsoever nature, property loss, injuries or death caused or suffered by a participant under the influence of alcohol or any other drugs.

Carolien Mertens cannot be held liable for any damages of whatsoever nature, property loss, injuries or death caused or suffered by a participant who did not follow up instructions and safety guidelines instructed by us or our supplier.

You as a client must indemnify us for claims from third parties with respect to damages to individuals or companies brought about by a participant to the event. The client is also responsible for reimbursing us for all costs incurred in relation to any damages brought about by a participant.

It is the responsibility of the client to  ensure that the participants have adequate travel insurance, appropriate medical cover, and cover for cancellation and curtailment.

CIRCUMSTANCES OUTSIDE OUR CONTROL

Carolien Mertens will not be held liable if an event or portions of an event cannot take place as a result of circumstances outside our control, such as but not limited to illness of the majority of our personnel, national strikes, and cancellation by the party contracted by us to carry out the event.

In these cases, we will do our best to find a suitable alternative. If such alternative incurs extra costs, we will first consult with the client and will only proceed after the client’s written approval.

If an event or part of an event cannot take place due to circumstances outside our control, we have the right to postpone or cancel our assignment without any financial or legal liability towards the client or third parties unless stated by law. In such cases, the agreed financial and/or legal liability rests with the client.

DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY

WE PROVIDE WWW.CAROLIENMERTENS.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL USERS AGREE THAT THEY MAKE USE OF THE WEBSITE AT THEIR OWN RISK.

CAROLIEN MERTENS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE GIVE NO ASSURANCES THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AND/OR; THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE RELIABLE OR ACCURATE; REQUIREMENTS WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE; AND THAT ANY ERRORS AND MISTAKES FOUND ON THE WEBSITE WILL BE CORRECTED.

YOU AGREE THAT NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CAROLIEN MERTENS OR THROUGH THIS SERVICE SHALL CREATE ANY WARRANTY NOT EXPLICITLY STATED IN THESE TERMS.

YOU CLEARLY UNDERSTAND AND AGREE THAT CAROLIEN MERTENS (EVEN AFTER HAVING BEING ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES) SHALL NOT BEAR LIABILITY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, GOODWILL, DATA OR OTHER IMPERCEPTIBLE LOSSES RESULTING FROM YOUR USE OF OR THE INABILITY TO USE THE SERVICE.

IF CERTAIN APPLICABLE LAW DOES NOT ALLOW THE DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY SET FORTH ABOVE, THIS DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY WILL NOT APPLY TO YOU.

APPLICABLE LAW

These Terms, in their entirety, are governed by laws of Belgium, and you consent to submit to the jurisdiction of its courts.