Terms & Conditions The Mayan

 

 

The Mayan is located in Ankeveen and is registered in the Trade Register of the Chamber of Commerce under number 73683213.

 

Article 1. Applicability of general terms and conditions

1.1 These general terms and conditions apply to every offer, treatment and transaction between The Mayan and its clients.

1.2 These general terms and conditions cannot be deviated from, unless the parties have expressly agreed different terms and conditions in writing.

1.3 Any (general) terms and conditions of clients and/or third parties are expressly rejected.

1.4 The Mayan may change and supplement these general terms and conditions at any time, without prior notice and giving reasons. The Mayan will provide its client with the most recent version of the general terms and conditions or publish it on its website.

1.5 If one or more provisions in these general terms and conditions have not been declared null and void or annulled in whole or in part at any time, the other provisions in these general terms and conditions will remain fully applicable. The parties will enter into consultation to agree on a new provision to replace the void or voided provision. The purpose and scope of the original provision will be taken into account as much as possible.

 

Article 2. Agreements

2.1 An appointment with The Mayan can be made via the website, Instagram or by email. Agreements made with The Mayan are binding.

2.2 The client must notify The Mayan of any impediment no later than 24 hours prior to the appointment. Appointments canceled within 24 hours will be charged in full to the client. This also applies to arriving late for the appointment (+ 10 minutes) or in the event of a no show. If you show up late, the appointment can only go ahead if The Mayan has sufficient time to carry out the treatment.

2.3 If the client is unable to attend, the client is allowed to have a third party attend the appointment with The Mayan in his/her place.

2.4 The Mayan has a refund scheme for business contracts and clients (acting in the capacity of a profession and company). When canceling, the following percentages will be charged:

If you cancel within one month before the appointment date, 20% of the principal amount will be charged;
If you cancel within 2 weeks before the appointment date, 50% of the principal amount will be charged;
If you cancel within 1 week before the appointment date, 80% of the principal amount will be charged;
If you cancel within 24 hours before the appointment date, 100% of the principal amount will be charged.
2.5 The Mayan reserves the right to reschedule or cancel planned appointments if it cannot execute the agreement, without being obliged to pay any compensation.

 

 

Article 3. Implementation of the treatment

3.1 The Mayan carries out the treatment to the best of its knowledge and ability, in accordance with the requirements of good workmanship. This is based on the state of science known at that time.

3.2 If the client is being treated by a doctor, physiotherapist, specialist and/or is taking medication, the client must consult the doctor, physiotherapist and/or specialist whether the desired treatment may be carried out.

3.3 If the client is pregnant or plans to become pregnant, this must be reported to The Mayan at all times prior to the treatment. No treatments are performed in the first trimester of pregnancy.

3.4 The Mayan will never claim to cure certain diseases or conditions and will never advise stopping or changing a regular medication or treatment recommended by a doctor.

3.5 The Mayan refrains from making medical diagnoses. Advice and treatments are based on knowledge of sports/complaints treatment, Chair massage, Aromatherapy, Holistic massage and years of work experience in the healthcare sector as a social worker and care supervisor.

3.6 The Mayan will inform the client in a timely manner about the financial consequences of changes and additions to the treatment.

3.7 The client is at all times responsible for the information and its accuracy that he/she provides to The Mayan during the intake interview, so that The Mayan can carry out the treatment as responsibly and safely as possible.

3.8 The client uses The Mayan services of his own free will and at his own risk and therefore The Mayan cannot be held liable for any damage arising before/during/after participation/use of/of treatments and/or services. The Mayan is not responsible for damage and/or injury resulting from concealment of medical information such as physical and/or mental conditions, injuries and medication use.

3.9 Ethics and hygiene are of paramount importance at The Mayan and The Mayan also expects this from the client. From a hygiene point of view, the client is expected to have showered immediately before the treatment.

3.10 All treatments are accepted and carried out by The Mayan, with the exception of Articles 7:404, 7:407 paragraph 2 and 7:409 of the Civil Code.

3.11 Agreed terms within which the treatment is carried out are only indicative and can never be regarded as strict deadlines.

3.12 The Mayan is entitled to have treatment carried out by third parties who, in the opinion of The Mayan, have the same qualities.

3.13 Participating in a retreat, ceremony and/or other treatment or events of The Mayan is always entirely at your own risk. The Mayan is not liable for physical and/or psychological complaints.

 

Artikel 4. Prijzen & Betaling

4.1 Alle prijzen die The Mayan hanteert zijn in euro’s en inclusief BTW en exclusief reiskosten, tenzij anders vermeld.

4.2 Alle kosten van de voor de uitvoering van de behandeling benodigde producten zijn bij de prijs inbegrepen. The Maan is vrij in de keuze van haar producten.

4.3 The Mayan behoudt zich het recht voor om haar prijzen, op haar website, sociale media of anderszins kenbaar gemaakt, tussentijds te wijzigen indien zij dit nodig acht. The Mayan vermeldt prijswijzigingen 30 dagen voor de ingangsdatum.

4.5 Tenzij schriftelijk anders is overeengekomen, dient de cliënt direct na afloop van de behandeling de betaling per tikkie of contant te voldoen. 

4.6 Aanbiedingen zijn geldig in de aangegeven periode en/of zolang de voorraad strekt.

 

Article 5. Liablilty

5.1 The Mayan is only liable for direct damage arising from or related to the performance of the treatment, if and insofar as that damage is caused by intent or deliberate recklessness on the part of The Mayan.

5.2 If The Mayan is liable, this liability is limited to the amount paid out by a closed liability insurance policy, plus the amount of any applicable deductible. In the absence of a (full) payment of the damage amount by an insurance company, liability is limited to a maximum of the total amount of the treatment, or at least that part of the treatment to which the liability relates.

5.3 The Mayan is never liable for:

damage of any kind, because The Mayan relied on incorrect information provided by the client or incomplete information about relevant physical conditions, medication use, work or leisure activities;
theft, damage and/or loss of the client's personal property during treatment;
damage to health and/or medical costs resulting from damage resulting from the treatment;
disappointing results, if The Mayan has completed the treatment in the agreed manner.
5.4 The Mayan has the right at all times, if and to the extent possible, to undo the damage by repairing or improving the treatment or providing a new product.

5.5 A claim for compensation by the client must be submitted to The Mayan no later than 14 days after the client discovered the damage or could reasonably have discovered it. If a claim for compensation is not submitted in a timely manner, the client's right to compensation lapses.
5.6 The provisions of this article apply unless there is intent or gross negligence on the part of The Mayan and unless mandatory provisions of law do not prevent this.

 

Article 6. Warranty, research and complaints

6.1 Complaints regarding the treatment must be made known to The Mayan in writing within 7 days after its implementation.

6.2 The client is obliged to immediately assess the quality of the result of the treatment.

6.3 If a complaint is justified after The Mayan's opinion, it will schedule a new treatment with the client free of charge or credit a (proportional part) of the price.

 

Article 7 Confidentiality

7.1 The Mayan undertakes to maintain confidentiality of all confidential information that the client provides during the treatment. Information is considered confidential if this has been communicated by the client or if this arises from the nature of the information.

7.2 However, confidentiality lapses if The Mayan is obliged to provide the information to third parties on the basis of a legal provision, if this is necessary for the execution of the agreement or a court decision.

 

 

Article 8. Behavior

8.1 The client must behave properly in accordance with general standards and values. If the client continues to exhibit inappropriate behavior after repeated warnings, The Mayan has the right to refuse/stop treatment for the client without giving a reason and without the client's right to any (damage) compensation.
8.2 Mobile telephones, pagers, etc. must be switched off or put on silent before starting a treatment.

8.3 The Mayan always reports theft to the police.

8.4 It is not permitted to bring company during the treatment.

Exceptions are possible, but only after consultation with The Mayan.

 

Article 9. Force majeure

9.1 If the performance of a treatment by The Mayan is made impossible by a cause that cannot be attributed to The Mayan or as a result of which compliance with its obligations cannot reasonably be expected from The Mayan, The Mayan is entitled to suspend the performance of the treatment. suspend until the moment that it is still able to fulfill this in the agreed manner.

9.2 In these general terms and conditions, force majeure is defined as: a circumstance that is not due to the fault of The Mayan and cannot be borne by The Mayan by virtue of the law, legal act or generally accepted views. In addition to this explanation of force majeure under the law and case law, force majeure also includes: all external causes, foreseen or unforeseen, over which The Mayan has no influence, but as a result of which The Mayan is unable to fulfill its obligations.

9.3 In the event of force majeure, The Mayan will – if possible – schedule a new appointment with the client.

9.4 The Mayan is not liable for any damages or compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

 

Article 10. Applicable law and competent court
10.1 All offers, treatments and transactions to which these general terms and conditions apply are exclusively governed by Dutch law.
10.2 The applicability of the Vienna Sales Convention or other applicable international laws and regulations is expressly excluded.

10.3 The Mayan may unilaterally change these general terms and conditions. The most recent version will then be valid for all agreements, including those already concluded. No rights can be derived from agreements between parties that deviate from the general terms and conditions.

10.4 The Dutch court in the district where The Mayan is located has exclusive jurisdiction to hear any disputes between parties, subject to mandatory legal provisions.

When making an appointment, your email, address and telephone number are always requested for our administration, these are used in accordance with the Privacy Act. See for more information https://www.rijksoverheid.nl/onderwerpen/privacy-en-persoonsgegevens