TERMS AND CONDITIONS

 

Your use of our internet site , and our booking service is subject to those terms and conditions along side any additional terms and policies mentioned in them (“Our Terms”).

Thank you for choosing BEST Co., the best place to book a professional massage in the Netherlands.

These terms and conditions of service together with any terms and policies referred to in them (“Our Terms”) constitute a legally binding agreement between you and BEST Co. (“BEST Massage”, “Best Massage Amsterdam”, “we”, “us” or “our”).

BEST Co. is a private company registered with chamber of commerce number 34267435 and VAT number is NL002456531B19.

BEST Co. provides a booking service (the “Services”) for a variety of massages (“Massages”) that are performed in each and each case by independent self-employed professional massage practitioners (“Independent Practitioners”). In providing this booking service, BEST Co. acts as the agent of these Independent Practitioners. BEST Co. has no responsibility for any Massages which you book through us: we are simply involved with the booking process, as well as providing subsidiary services as explained below.

It is specified here that the term “Massage” means well-being and relaxation therefore, Massage has no therapeutic and/or medical purpose.

 

OUR SERVICES

The Services we provide allow you to look through Our Website and buy Massage from variety of Independent Practitioners. As part of the Services, we also provide some additional services such as arranging such bookings and providing you with customer service assistance.

However, as stated above, the contract for the purchase of the Massages is between you and the Independent Practitioners. This means that it is the Independent Practitioner (not us) who is legally responsible for providing the Massages to you. Nevertheless, BEST Co. remain accountable in respect of its obligations to you in accordance with these Terms and Conditions which shall be legally binding. If you have any questions, complaints or requests for refunds, we can be contacted directly via our Customer Service Team. Contact Information is available here. BEST Co. will remain the purpose of contact for the Customer for Customer Service questions.

BEST Co. shall, if requested, provide intermediary services between you and Independent Practitioners in reference to Customer Service or dispute resolution matters.

To be able to use the Services you must be over 18 years of age.

When booked by us, the Massages you receive will be subject to the Independent Practitioners terms and conditions as set out in the Liability Release Form which are available to look at here and you’ll be asked to verify your acceptance of them before receiving the Massage Services. The Independent Practitioners T&Cs will form the idea of your agreement with the Independent Practitioner for your Massage (each a “ Massage Agreement ”). BEST Co. is not a part to any Massage Agreement: this may solely be between you and therefore the Independent Practitioner who provides you together with your Massage.

 

USE OF OUR SITE

Our Terms govern your use of our website (“ Our Site ”) and also The BEST Co. Service  (collectively “ The BEST Co. Service ”). By using Our Site or Booking Services, you comply with abide by Our Terms.

Please read Our Terms carefully and thoroughly. If you do not accept Our Terms, you must not make a booking through BEST Co. for any Massage Therapy.

 

PERSONAL DATA

In order to supply The BEST Co. Service , we may collect personal data from you. Before making a booking with us please read our privacy policy.

 

CONSUMER TERMS

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations requires BEST Co. to give you certain information for there to be a legally binding contract between you and us and this information is set out below. Details on the way to make a booking are listed below. If we wish to make modifications to information once a legally binding contract is formed, we will only do that if you comply with it.

We only conclude contracts in the English language.

 

ELIGIBLE USE

You confirm that you have at least 18 years of age to access and use Our Website and/or The BEST Co. Service  and of legal capacity to comply with Our Terms. You are not eligible to use The BEST Co. Service  if you’re under the age of 18.

USAGE

When registered on Our Site you will be able to access to and use of our search engine to look for Massage within the Netherlands and to book Massages with an Independent Practitioner.

 

BOOKING PROCESS & PAYMENT

You can make a booking through Our Website by choosing an Independent Practitioner.

Your payment details will be requested at the time of booking and payment will be collected when you make a booking.

Full payment of the Massage fee is due at the time of the Massage with the Independent Practitioner through us. Full details of the prices are referred to below.

The Massage Fee belongs to the Independent Practitioner who delivers the Massage. BEST Co. gathers the Massage Fee from you as their agent. For each booking completed through us, we charge the relevant Independent Practitioner an arranged fee for introducing you to that Independent Practitioner (“Our Agent’s Fee”). We have an arrangement with each Independent Practitioner where we are entitled to deduct Our Agent’s Fee from the Massage Fee paid by you for the Massage.

By using an encrypted secure payment system, we will do all that we practically can to make sure that all of the information you give us when paying for the Massage is secure. However, in the absence of negligence on the part of BEST Co., we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you may give us at any time.

All payments by credit card or debit card need to be authorized by the relevant card issuer.

By making a booking you comply with provide complete, correct and true information including without limitation billing and payment information.

Once your booking is accepted and confirmed by the Independent Practitioner, you’ll receive confirmation of your appointment by SMS and email.

As the main one making the booking, you are accountable for:

  • Full payment of the applicable Massage Fee;
  • Make sure the Independent Practitioner has access to your location which must, in all cases, represent a suitable space in which the Massage can be performed, with all appropriate facilities including, adequate space for massage table to be set, lighting, at least a sink available for therapist to use to wash their hands;
  • Providing as necessary, any extra booking and Massage info to other persons partaking in the Massages booked; and
  • Making sure the health and safety of the Independent Practitioner whilst at your location.

All Massage Fees are payable through Our website. As listed above, we collect payment of Massage Fees on behalf of the Independent Practitioner to whom we charge Our Agent’s Fee. All prices listed are inclusive VAT.

 

PRICES

The price of Massages (each a “Massage Price “and collectively “Massage Prices”) differs according to the duration of the Massage session you book and the location you have designated for the Massage session to be provided to you by the Independent Practitioner (“Designated Premises”). Massage Prices are set per time and the Massage Price you will be required to pay for a specific Massage (each a “Massage Fee “and collectively “Massage Fees”) will be determined by the Massage Prices active at the date when that Massage is booked.

Full massage menu and prices are listed on Our Website.

 

CUSTOMER RESPONSIBILITIES

In addition to the responsibilities listed above, it is your concern to provide complete and correct information at the time of reservation. Failure to deliver complete and precise information may result in a refusal of your booking request, cancellation of your booking or an inability of the booked Independent Practitioner to provide the Massage as requested. Such failure can also end in loss or incorrect delivery of your booking confirmation.

 

CANCELLATION & REFUNDS

When you book a massage via our company you agree that we will not accept free cancellations nor refunds for booking less than 24 hours away. Once your booking has been confirmed you have up to 24 hours before the appointment time to cancel without a fee – “grace period”. If your booking confirmation and your session in less or equal than 24 hours’ time, a 50% of the total booking cost, cancellation fee is payable by you.

If you have made a cancellation as mentioned above, all the refunds will be made in the fourteen (14) days following the date of cancellation and the refunds will be made using the same payment method as the one used for initial transaction.

You will also be charged the full 100% Massage Fee by the Independent Practitioner if you:

  1. Attempt to cancel a booking on or after Massage Appointment Time; or
  1. Fail to attend a booking at the Massage Appointment Time and/or at the location chose by you.

We charge a cancellation fee in order to compensate the Independent Practitioner because it is not reasonable to expect that Independent Practitioner to be able to provide Massages at another booking when you cancel with short or no notice.

Cancellation fees may in our absolute discretion be waived when you failed to cancel a booking without incurring the cancellation fee for genuine reasons which were outside of your control. When cancellation fees are waived by us, we act as agent of the Independent Practitioner who is the primary in providing the Massage Services.

 

EXTENSIONS AND DELAYS

If you wish to extend the time of your booking, we can fulfill your request if:

  • The Independent Practitioner is not booked already by another costumer;
  • The independent practitioner wants to extend your session;
  • It’s done additional payment calculated in accordance with the Massage Prices (each an “Extra Time Charge” and collectively, “Extra Time Charges”);

If you are delayed and unable to start the Massage at the location proposed by you at the Massage Appointment Time by more than 10 minutes then, unless the Independent Practitioner agrees to the contrary (which is within the sole discretion of the Independent Practitioner):

  • the Independent Practitioner is eligible to end the Massage at the time agreed when the booking was made without making any adjustment to the Massage Fee to reflect the reduced time of the Massage; or
  • if you and the Independent Practitioner agree to proceed with the Massage for the full time prearranged nevertheless the delayed start time, then Independent Practitioner shall be eligible to receive and you are obliged to pay before the relevant Massage is given, an additional charge calculated at the rate set out with the Massage Prices for extra time.

We will collect the Extra Time Charges as agent of the Independent Practitioners.

 

OVER POWER ENCOUNTERS

Every effort is made by the BEST Co. team to deliver the service booked by you, the customer. However, some situations outside our control may prevent this. Instances include (but not limited to) the following, all of which make it impossible to meet our commitments;

  • Adverse or severe weather conditions such as floods or earthquakes
  • Road traffic accidents
  • Unexpected traffic delays or road closures
  • Warfare and acts of terrorism (and threat thereof)
  • Industrial dispute and labor strikes action
  • Civil conflicts
  • Problems caused by other clients
  • Significant risk to human health such as the epidemic of serious disease
  • Natural or nuclear disaster
  • Fire, chemical or biological disaster
  • Inevitable technical problems
  • All similar events outside of BEST Co.’s control

If our obligations are affected by force majeure BEST Co. will not refund the cost of the booking, pay you reimbursement or be responsible.

For the purposes of these booking circumstances Over Power Encounters means any event beyond our control, the significance of which could not have been avoided even if all rational measures had been taken.

If it was not possible to provide the booked service at the time requested due to Over Power Encounters, BEST Co. will try to reschedule your appointment for another time. However, if this is not possible, a voucher of equal value to the postponed appointment will be provided for reclamation with BEST Co. for up to 6 months.

 

BEST Co. ACTS ONLY AS AN INTRODUCER

The BEST Co. Service  enable those seeking Massages to book appointments with Independent Practitioners looking to provide such Massages. Whilst BEST Co. interviews and evaluates Independent Practitioners who wish to provide Massages, we do not guarantee or warrant, and make no representations regarding the reliability, quality or suitability of Independent Practitioners. This is entirely a matter for you. Therefore, you acknowledge and agree that BEST Co. does not have any responsibility to conduct any background checks on any Independent Practitioners and have no obligation in respect of any service they may offer.

When interacting with any Independent Practitioners you must exercise attention and common sense to protect your personal safety, details and property, just as you would when interacting with other persons who are unfamiliar to you.

 

PROMO CODES AND REFERRALS

The promotional codes we offer and the gift cards (together “Codes”) can be redeemed for Massages only. Codes do not have cash value. Codes can:

(1) only be used for personal and non-commercial purposes. You can share your unique code with your personal networks via social media where you are the primary content owner. Codes may not be distributed, duplicated, transferred, sold, or made available to others online (including through public sites such as coupon sites) or by other means;

(2) not be exchanged for cash;

(3) only be used once and only one Code may be used per person;

(4) be subject to specific terms which will be made presented by us and must only be used in agreement with those terms.

 

PROHIBITED USE

Our Services are for your personal and non-commercial use and require only be used for the purposes of questioning about or making bookings for Massages as specifically described above. You must not use the Site or the Booking Services to do any of the following which are strictly forbidden:

  • Engage in any unfitting behavior including but not limited to unlawful or sexually suggestive remarks, drug use, sexual advances, excessive drinking and/or other inappropriate behavior;
  • Limit or inhibit any other user from using and appreciating The BEST Co. Service ;
  • Trespass the property rights, privacy rights or other civil rights of any person;
  • Abuse, Harass, threaten or infringe/violate the rights of Independent Practitioners, BEST Co. (including its employees and staffs) or others;
  • Collect information about others, including email addresses without their permission;
  • Introduce or try to introduce any viruses or any other damaging code, files or programs that interrupt or otherwise or limit The BEST Co. Service  functionality;
  • Harm, disable or otherwise damage our servers or networks or attempt to do the same;
  • Engage in or encourage others to participate in criminal or illicit conduct or breach these Terms including misuse of The BEST Co. Service  for criminal or unauthorized purposes.

You agree not to breach these Terms in any way which may result in, among other things, end, or suspension of your access to The BEST Co. Service .

 

INTELLECTUAL PROPERTY

BEST Co., the BEST Co. logo, brand and all other intellectual property rights, trademarks, service marks, graphics and logos used in connection with Our Website and/or the Services (whether registered or unregistered) belong to us or our licensed software’s (as are applicable) and are protected by intellectual property law.

 

DISCLAIMER

As mentioned above, we introduce those looking for Massages to Independent Practitioners seeking to provide such Massages. We are not accountable or responsible for the fulfilment of any booking or the performance of the Independent Practitioner. You accept and agree that we are not accountable for addressing any claims you have as regards any Independent Practitioner or any Massages, yet we do try to assist by providing the intermediary services around resolving disputes and complaints as stated  above.

 

OUR SERVICES ARE FOR GENERAL INFORMATION ONLY

Content on Our Website which is made available as part of The BEST Co. Service, is provided for your general information purposes only. Nothing contained on Our Website or communicated any other way as part of The BEST Co. Service, is meant to constitute advice, opinion or guidance of any kind. BEST Co. is not a healthcare provider nor do we provide medical advice or medical treatment. The references in Our Website and elsewhere to “Treatment” and “Therapy” or any similar terms do not refer to medical treatment or medical therapy. The information presented on Our website and otherwise as part of The BEST Co. Service  is not intended to diagnose health problems or to take the place of professional medical care. If  you have a medical issue you should always consult with a qualified medical professional.

 

WE CANNOT GUARANTEE OUR WEBSITE OR THE SERVICES

We make no warranty or guarantee that Our Website or any other aspect of The BEST Co. Service  is suitable for your intended use, error-free, reliable, timely, entirely secure, virus-free or available. We make no guarantee of particular results or outcomes by use of Our Website or any other aspect of The BEST Co. Service .

Nothing in Our Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit and nothing in Our Terms will exclude or limit our liability in respect of any: death or personal injury caused by the negligence of BEST Co., fraud or fraudulent misrepresentation by BEST Co., or any matter which it would be illegal or unlawful for BEST Co. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

We are not liable or responsible for any errors in or failure to provide The BEST Co. Service  due to your error or failure to provide accurate and complete information.

Whilst we make every effort to ensure that The BEST Co. Service  are available, we do not represent, warrant or guarantee in any way the continued availability at all times or the uninterrupted use by you of The BEST Co. Service . We reserve the right to suspend or cease the operation of all or part of The BEST Co. Service  from time to time at our only discretion.

Use of Our Site and the Services is on an “as-is” and “as available” basis. To the maximum extent permitted at law in no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, loss of data, lost revenues, loss of goodwill, loss of anticipated saving or profits, or arising out of or in any way connected with the use or performance of the site or services, or with the delay or inability to use the site or services, or with the provision of or failure to provide the site or services.

 

INDEMNITY

You agree to defend and indemnify us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to The BEST Co. Service  and otherwise from your violation of Our Terms.

 

MODIFICATION & TERMINATION

We may modify Our Terms or terminate use of The BEST Co. Service  at any time by giving notice of termination to you. The Massage Prices may also change from time to time. We may also change, suspend, terminate or discontinue any aspect of The BEST Co. Service  including availability of certain features at any time for any reason.

 

SEVERABILITY

If any provision of Our Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.

Customer Service

If you have any questions please contact our customer service :

  • via email at : info@getbest.nl

 

GOVERNING LAW & JURISDICTION

You agree that Our Terms for all purposes, shall be governed by and construed in accordance with Dutch law.

In case of difficulties, you must contact our customer service. Unless you and Best Co. find a solution, you can refer to a consumer mediator or any alternative method of dispute resolution with a view to the amicable resolution of the dispute. You must inform immediately Best Co. of this request. You and Best Co. are free to accept or reject the solution offered, and, if necessary, to bring the claim before the competent courses.