Terms and Conditions

About Baerekracht

Baerekracht vzw is a non-profit organisation with its registered office at Lange Munte 70A, 9860 Oosterzele, registered in the Crossroads Bank for Enterprises (KBO) under number BE 0802.332.431 (email: info@baerekracht.be). As a non-profit organisation, Baerekracht does not aim to make a profit, but to contribute to a higher social purpose and to achieve its statutory objectives.

Baerekracht believes that spending time in nature should be a fundamental right for everyone, including people whose mobility is restricted due to an accident, illness or disability. To this end, Baerekracht is developing a blueprint for accessible nature experiences, with an emphasis on pure enjoyment, a comprehensive range of activities and sharing the experience with the people of your choice.

Baerekracht is also the organisation behind The Taboo Buzz, a brand name of Baerekracht vzw: a movement that breaks down taboos surrounding relationships and intimacy. Through this website, Baerekracht offers professional services to organisations.

Article 1. Definitions

1.1 Baerekracht vzw is a non-profit organisation with its registered office at Lange Munte 70A, 9860 Oosterzele, registered in the Crossroads Bank for Enterprises (KBO) under number BE 0802.332.431.

1.2 The Client is any natural or legal person who engages the services of BAEREKRACHT VZW in the course of their professional activities.

1.3 A Quotation is a price proposal and a definition of the scope of the Assignment based on an initial discussion with the Client.

1.4 An Assignment is the task entrusted by the Client to BAEREKRACHT VZW as described in the Quotation. This may take the form of any kind of advice and support, including, amongst other things, training, coaching, workshops, courses, lectures, webinars and attendance at events.

1.5 Additional work refers to extra services not provided for in the Assignment as set out in the Quotation. Examples include unforeseen and additional meetings, data collection and telephone coaching.

1.6 The Taboo Buzz is a brand name of BAEREKRACHT VZW. Activities may be carried out under this brand name, including by specially trained facilitators (Taboo Buzzers) and volunteers deployed by BAEREKRACHT VZW.

Article 2. Applicability

2.1 By signing the Quotation provided by BAEREKRACHT VZW, the Client declares that they have read the General Terms and Conditions and acknowledge that they accept these General Terms and Conditions.

2.2 The General Terms and Conditions of BAEREKRACHT VZW apply to all offers, performances, contracts and services provided by BAEREKRACHT VZW, unless expressly agreed otherwise in writing. By accepting these General Terms and Conditions in accordance with Article 2.1, the Client waives in full the application of its own general (purchase) terms and conditions.

2.3 Once the Client has signed the Quotation in due time, BAEREKRACHT VZW shall be obliged to carry out the Assignment as described in the Quotation, in accordance with the terms set out below.

2.4 Definition of private listings - These General Terms and Conditions do not apply to services provided to private individuals. Individual couples’ counselling provided by a Taboo Buzzer is subject to that counsellor’s own terms and conditions — for the service offered to care couples: the terms and conditions of Els De Geyter (Quimeta BV), available at elsdegeyter.be. Participation in activities such as the Still Us walks and weekends is arranged by registering with Els De Geyter (Baerekracht VZW) under her terms and conditions for participants, which can also be viewed at elsdegeyter.be. Private trips are not offered via this website.

Article 3. Quotation and conclusion of the contract

3.1 Quotation – Following a verbal or written request from the Client and on the basis of the information provided by the Client to BAEREKRACHT VZW, BAEREKRACHT VZW shall draw up a Quotation. Unless otherwise stated in the Quotation, the Quotation shall remain valid for 14 days from the date of the Quotation. The Quotation shall contain a price proposal, a detailed description of the services and, where applicable, the specifications, the terms and conditions, and the duration of the Assignment.

3.2 Completion period – The completion period estimated by BAEREKRACHT VZW is purely indicative, unless specific dates are stated. BAEREKRACHT VZW undertakes to adhere to the agreed deadlines to the best of its ability.

3.3 Information – The Client guarantees the completeness of the information it provides to BAEREKRACHT VZW, on the basis of which BAEREKRACHT VZW draws up its Quotation. BAEREKRACHT VZW may rely on the accuracy and completeness of the information provided by the Client.

3.4 Upon signing the Quotation, the agreement between the parties shall come into effect in accordance with the terms set out in the Quotation and these General Terms and Conditions. The Client shall forward the signed Quotation to BAEREKRACHT VZW. In such cases, the Client acknowledges that the Assignment described in the Quotation corresponds to the information it previously provided to BAEREKRACHT VZW regarding, amongst other things, the intended purpose, its requirements and preferences concerning the terms and duration, etc. BAEREKRACHT VZW cannot be held liable for the incorrect performance of the services if such performance was caused by the Client providing incorrect, incomplete or late information. If the performance of the Assignment has to be suspended due to the Client’s failure to provide the necessary information, a fee may be charged based on the work already carried out.

3.5 Advance payment – Upon signing the Quotation, the Client shall pay an advance of 50 per cent of the total price as set out in the Quotation, unless otherwise agreed. BAEREKRACHT VZW will invoice the Client for this advance payment.

3.6 Amendments – During the performance of the Assignment, the Client is free to propose amendments, corrections or additions; however, BAEREKRACHT VZW reserves the right to disregard such comments. Any adjustments requested by the Client may give rise to a price adjustment.

3.7 Additional work – If a request for a change, correction or addition entails an extension of the Assignment, and BAEREKRACHT VZW is prepared to carry out the requested additional work, BAEREKRACHT VZW shall be entitled to invoice this additional work separately. These additional works will be invoiced at BAEREKRACHT VZW’s hourly rates applicable at that time, unless otherwise agreed. BAEREKRACHT VZW reserves the right to require the signing of a separate agreement in respect of the requested additional work.

Article 4. Price and costs

4.1 Price – The price is as stated in the Quotation or in the contract. Any discount granted is a one-off and does not create any rights for the future. All prices are exclusive of VAT and are quoted in euros.

4.2 Costs – In addition to the price or rates for services and costs agreed in the Quotation, BAEREKRACHT VZW may charge the following costs separately: specific resources for the client (teaching materials, etc.); travel at 0.45 EUR/km; travel and accommodation expenses; costs for third-party services or products. The costs charged by BAEREKRACHT VZW for these third-party services or products may be amended during the term of the agreement in line with any price increase applied by the third party, without the Client’s consent being required.

4.3 Where the Quotation refers to a ‘Cost Estimate’, this constitutes a rough estimate of the Cost of the Assignment. This estimate is indicative and not binding on BAEREKRACHT VZW.

Article 5. Payment

5.1 Payment – All invoices are payable no later than 14 days after the invoice date, unless otherwise agreed. Payments shall be made in euros. In the event of non-payment of an invoice by the due date, all outstanding invoices and claims against the Client shall become due and payable by operation of law and without the need for prior notice of default.

5.2 Deferral of payment - If BAEREKRACHT VZW allows the Client to settle outstanding amounts in instalments, the remaining balance shall become payable in full – including contractual interest and compensation – should the Client fail to meet a single instalment.

5.3 Interest and liquidated damages - After the due date, annual default interest of 10 per cent shall be payable by operation of law and without notice of default, as well as contractual and lump-sum compensation amounting to 10 per cent of the total amount due, subject to a minimum of EUR 100.

5.4 Suspension or cancellation of ongoing Assignments – BAEREKRACHT VZW reserves the right to suspend the performance of ongoing Assignments until full payment has been made, without prejudice to its right to compensation. If the Client fails to pay after the due date has passed and after the expiry of an additional period of fifteen days following BAEREKRACHT VZW having given notice of default by registered letter, BAEREKRACHT VZW reserves the right to cancel the Assignment and the contract and to invoice all outstanding costs and services, without prejudice to its right to compensation. The contract shall then be terminated by operation of law and without prior notice of default.

5.5 Disputes – Any dispute regarding an invoice must be notified to BAEREKRACHT VZW in writing within eight working days of the invoice being sent. In the absence of a timely objection, the Client shall be deemed to have irrevocably accepted the invoice and the goods and services specified therein.

Article 6. Term of performance and termination

6.1 Performance period – Any performance period specified by BAEREKRACHT VZW is purely indicative, as provided for in Article 3.2. Delays in performance shall under no circumstances give rise to a claim for damages. In the absence of full cooperation from the Client, in the event of force majeure, or where the Assignment is amended during its performance, the agreed delivery times shall cease to be indicative. The Parties are free to agree on a new deadline or new deadlines where appropriate.

6.2 Delay – In the event of an unreasonable delay in the delivery period, the Client shall be entitled to terminate the contract by registered letter and without recourse to the courts, provided that: BAEREKRACHT VZW has not yet provided any services within a period of 30 days after BAEREKRACHT VZW was given notice of default by the Client by registered letter; the Client has at all times fulfilled its duty to cooperate and provide information; the Contract has not been amended during its performance; and BAEREKRACHT VZW cannot invoke force majeure. In such a case, the Client expressly waives any other possible remedy, in particular the award of any form of compensation.

6.3 Cancellation by the Client – Should the Client make any cancellation, BAEREKRACHT VZW shall be entitled to a fixed termination payment of 30 per cent of the total value of the cancelled order, without prejudice to invoicing for all services rendered and costs incurred up to that point and, where applicable, compensation for any loss suffered insofar as this exceeds the termination fee.

6.4 Cancellation by BAEREKRACHT VZW – In addition to the cases provided for in Articles 3.4, 5.4 and 6.2, BAEREKRACHT VZW reserves the right to terminate the Assignment and the agreement without prior notice of default in the event that the Client has been declared bankrupt or has in any other way lost control of its assets, in whole or in part. In such cases, the Client shall not be entitled to compensation.

6.5 In the event of force majeure, illness or the unavailability of the designated supervisor, BAEREKRACHT VZW will, in consultation, propose a new date or an equivalent replacement supervisor.

Article 7. Staff

7.1 BAEREKRACHT VZW may, in consultation with the Client, determine which consultant is assigned to an Assignment. BAEREKRACHT VZW may change the consultant if necessary. The Client may ask BAEREKRACHT VZW to change the assigned consultant; however, BAEREKRACHT VZW may decide on this matter in the best interests of the Assignment.

7.2 The consultants appointed by BAEREKRACHT VZW may under no circumstances be regarded as appointees or employees of the Client. The Client shall not issue instructions to or exercise authority over the consultants assigned by BAEREKRACHT VZW. The consequences of any breach of this prohibition shall be borne by the Client.

7.3 During the term of the agreement and for one year following its termination, neither Party shall, without the prior written consent of the other Party, actively, directly or indirectly poach the other Party’s employees who have been involved in the performance of the agreement (for example, as a consultant, independent adviser or otherwise), on pain of paying compensation equal to the gross annual salary or remuneration owed by one Party to the employee in question at the time of the termination of the collaboration, including all benefits.

Article 8. Warranty, Indemnity and Liability

8.1 Obligation of means – The Client acknowledges and accepts that BAEREKRACHT VZW shall carry out the Assignment entrusted to it in accordance with the agreements made between the parties, to the best of its ability and in accordance with best practice. BAEREKRACHT VZW’s obligation is classified as an obligation of means. Results relating to the well-being, relationships or behaviour of participants in an Assignment cannot be guaranteed.

8.2 Notice of default and rectification – A fault in the performance of the Assignment attributable to BAEREKRACHT VZW shall only be deemed to exist if the delivery does not correspond to what was expressly agreed between the Parties in the Quotation. If a Party breaches its obligations, it shall be given written notice of default by the other Party, clearly setting out the nature of the breach. Subject to the provisions of Article 6.2 (in the event of delay), the notice of default must grant the Party in default a reasonable period of 15 days to remedy the breach.

8.3 Liability – Except in cases of fraud or wilful misconduct, BAEREKRACHT VZW shall not be liable. In such cases, BAEREKRACHT VZW shall also not be obliged to compensate for non-material, indirect or consequential damage, including – but by no means limited to – loss of profit, loss of income, production restrictions, administrative or staff costs, loss of clientele, loss of data or the disclosure of confidential information. BAEREKRACHT VZW’s liability shall in any event be limited to foreseeable, direct and personal damage suffered. BAEREKRACHT VZW shall under no circumstances be liable for the actions of third parties. Insofar as BAEREKRACHT VZW relies on the cooperation, services and supplies provided by its appointees for the performance of the Assignment, BAEREKRACHT VZW shall under no circumstances be held liable for any damage arising from their fault, including their gross and/or wilful misconduct.

8.4 Force majeure – In the event of force majeure, BAEREKRACHT VZW shall be automatically released from its obligations and shall not be required to fulfil its obligations towards the Client.

8.5 Limitation of compensation – BAEREKRACHT VZW’s contractual or non-contractual liability shall at all times be limited to an amount equal to 15 per cent of the agreed value of the Assignment or, if the duration of the Assignment exceeds one year, up to a maximum of the annual value of the Assignment.

Article 9. Intellectual property rights

9.1 General – Each Party shall respect all intellectual property rights of the other Party or of any third party. Nothing in this agreement shall be construed or interpreted as a transfer of intellectual property rights from one Party to the other.

9.2 Rights of BAEREKRACHT VZW – Unless otherwise agreed in writing, BAEREKRACHT VZW shall remain the owner of the intellectual property rights (including, but by no means limited to, copyright, rights to designs and models) in respect of all sketches, designs, illustrations, ideas, texts or any other material, or documentation created or communicated in the context of the Assignment, including the delivered result, regardless of whether it is provisional or final in nature. BAEREKRACHT VZW is entitled to use these also for the performance of assignments for third parties.

9.3 Client’s Right of Use – The Client is only permitted to use the result of the Assignment delivered by BAEREKRACHT VZW for the purpose as described in the Quotation. Any use deviating from the Quotation is not permitted, unless prior written consent has been obtained from BAEREKRACHT VZW.

9.4 Website and trademarks – All intellectual property rights relating to the content and design of this website, including the brand name and imagery of The Taboo Buzz, are owned by BAEREKRACHT VZW or are used with the permission of the respective owners. It is not permitted to reproduce, distribute, modify or publicly display material from this website without the express written consent of BAEREKRACHT VZW. The use of the name and logo of BAEREKRACHT VZW or The Taboo Buzz in the Client’s communications requires prior written permission.

Article 10. Confidentiality

10.1 Both the Client and BAEREKRACHT VZW undertake not to disclose to third parties any data to which they have access, not to use this information for any purposes other than the performance of the Agreement, and to disclose such data only to their employees, appointees and representatives to the extent necessary for the performance of the Agreement and provided that they are bound by confidentiality obligations comparable to this provision. The parties shall implement the necessary security measures to ensure the confidentiality of the data.

10.2 Anything shared by individual participants during an Assignment will be treated as confidential by BAEREKRACHT VZW and the supervisors involved, and will not be reported to the Client at an individually identifiable level, unless required by law.

Article 11. Derogations and amendments

11.1 Derogation following judicial intervention - Should one or more of the provisions of these General Terms and Conditions be declared null and void by a court ruling, this shall only affect the provision in question and shall not affect the remaining provisions or the General Terms and Conditions as a whole.

11.2 Amendments – BAEREKRACHT VZW may amend these General Terms and Conditions to bring them into line with changes in the market or changes in legislation. Once BAEREKRACHT VZW has notified the Client of the amended General Terms and Conditions by registered letter or by email with confirmation of receipt, these shall take effect immediately. The version published on the website shall always apply to the use of the website.

Article 12. Governing law, mediation and competent court

12.1 Governing law – The agreement(s) concluded between the Client and BAEREKRACHT VZW to which these General Terms and Conditions apply, as well as all agreements arising therefrom, shall be governed exclusively by Belgian law.

12.2 Mediation – In the event of a dispute between the parties concerning the formation, performance, interpretation and termination of the agreement concluded between the Client and BAEREKRACHT VZW, which cannot be settled amicably, the parties undertake to attempt to reach a settlement through mediation. Mediation shall commence no later than 15 days after the request for mediation has been communicated by one party to the other, and, unless the parties expressly agree otherwise, the duration of the mediation shall not exceed 30 days.

12.3 Competent Court – If mediation fails or is not possible, only the courts of East Flanders, Ghent division, shall have jurisdiction.

Article 13. Privacy

See also our privacy policy.

13.1 General – BAEREKRACHT VZW attaches great importance to the Client’s privacy. The Client’s data will be treated confidentially by BAEREKRACHT VZW and in accordance with Belgian and European regulations. Personal data will not be retained for longer than is necessary.

13.2 Processing of personal data for the performance of the Agreement – The personal data provided will primarily be used in connection with the conclusion, administration and performance of the Agreement (including the provision of services, customer management and accounting).

13.3 Processing of personal data on the basis of legitimate interests – BAEREKRACHT VZW also processes data to pursue its legitimate interests, such as the evaluation and improvement of its services and products through, amongst other things, statistical analyses, campaigns, and internal market and satisfaction surveys; to prepare studies and statistics, using anonymisation; for training purposes through the use of practical examples for illustration and the retention of evidence (archives); as well as to safeguard the rights of BAEREKRACHT VZW or its data subjects, for example in the context of debt recovery proceedings or a dispute.

13.4 Consent for direct marketing – BAEREKRACHT VZW may process electronic contact details in order to send the Client personalised information, advertisements and other commercial information about new services or products, promotions and benefits via direct marketing or newsletters. By accepting these General Terms and Conditions, the Client consents to the processing of personal data for the purposes of electronic direct marketing and the sending of electronic advertising by BAEREKRACHT VZW. The Client may unsubscribe from this at any time.

13.5 Client’s Rights – The Client shall at all times have the right to information, access, rectification, restriction of processing and erasure of their personal data. The Client has the right to object to the processing of their data.

Article 14. Use of the website

14.1 This website is managed by BAEREKRACHT VZW. By visiting and using this website, you agree to these provisions and to these Terms and Conditions insofar as they relate to the use of the website.

14.2 The information on this website is intended solely for general information purposes. Although BAEREKRACHT VZW does its best to keep the information up to date and accurate, it makes no warranty of any kind, whether express or implied, as to the completeness, accuracy, reliability, suitability or availability of the website or the information, products and services contained therein. Any reliance you place on such information is strictly at your own risk.

14.3 Under no circumstances shall BAEREKRACHT VZW, its officers, board members, employees or volunteers be liable for any loss or damage, including but not limited to indirect or consequential loss or damage, arising out of or in any way connected with the use of this website.

14.4 This website may contain links to third-party websites over which BAEREKRACHT VZW has no control. The inclusion of such links does not imply any recommendation or endorsement of the views expressed therein; BAEREKRACHT VZW accepts no responsibility for the content of linked websites.

If you have any questions about these Terms and Conditions, please contact us at info@baerekracht.be.