General Terms and Conditions Exquisite International B.V.
Version November 21, 2022
Article 1: Glossary
1.1 Request: the request from a Client to Exquisite indicating the desire to enter into a Booking.
1.2 Arengementsservice package tailored to the Client's preferences that can be requested by the Client, and for which Exquisite makes a specific offer for provision.
1.3 Confirmationa (electronic) message confirming the agreements between Parties to the Client.
1.4. Bookings: agreement(s) concluded between Parties.
1.5. Client: the legal entity or natural person wishing to enter into or having entered into an agreement with Exquisite.
1.6 Escort: employees of Exquisite.
1.7. Exquisite: the private limited company Exquisite International B.V., registered in the Chamber of Commerce under number: 84387416, located at Delflandlaan 1, (1062 EA) Amsterdam. Email: info@exquisite.vrls.tc. Phone number: +31 6 28 71 71 80.
Delflandlaan 1 in (1062 EA) Amsterdam. E-mail: info@exquisite.vrls.tc. Phone number: +31 6 28 71 71 80.
1.8. Parties: the parties to this agreement, namely Exquisite and the Client.
1.9. WebsiteExquisite's website, namely: www.exquisite-international.com
Article 2: Applicability
2.1. These general terms and conditions apply to each Application and to each Booking.
2.2. Provisions deviating from these general terms and conditions shall only be legally valid to the extent they have been expressly confirmed by Exquisite in writing.
2.3. If any provision in the general terms and conditions turns out to be invalid, this shall not affect the validity of the general terms and conditions as a whole. The parties will in that case determine (a) new provision(s) to replace it, which will give shape to the intention of the original provision as much as is legally possible.
Article 3 Creation of the Booking.
3.1. A Booking is not established until Exquisite has accepted a Request.
3.2. Exquisite is always entitled to refuse an Application or to impose further conditions.
Article 4 Bookings
4.1. Bookings are subject to a minimum duration of 2 hours.
4.2. Bookings are always performed in a hygienic room.
Article 5 Rights and obligations Client
5.1. Escorts shall be secured by Exquisite in such manner as it may deem appropriate.
5.2. The Client guarantees a high degree of personal hygiene when carrying out the Booking. This includes the obligation to use a condom if sexual contact occurs. Client shall not attempt to induce the Escort to omit a condom.
5.3. Client shall, during the performance of the Booking:
A. Treat the Escort in a normal manner and do not use coercion in any way.
B. Not carry and/or take drugs with him/her, nor offer them to the Escort. With the exception of alcohol; the Escort is at all times entitled to refuse the offer of alcohol.
C. Client shall make every effort to ensure the safety of the Escort in every respect.
5.4 Client shall not contact an Escort outside of Exquisite.
5.5 If the previous article is violated, the Client shall forfeit an immediately due and payable penalty in the amount of the hours spent multiplied by the standard rate charged by Exquisite at the time of the spending, plus an amount in the amount of twice the aforementioned amount as penalty.
Article 6: Rights and obligations Exquisite
6.1 Exquisite has a best efforts obligation to match the Client and Escort as much as reasonably possible upon receipt of a Request to provide the Client with the best experience.
6.2 Exquisite performs its activities under license number: ASD1062EA/ESC618. The Escorts selected by it perform their activities in accordance with current Dutch legislation and are also 21 years of age or older.
6.3 Exquisite may change/cancel a booking if:
A. in Exquisite's judgment, the safety of an Escort cannot be guaranteed;
B. Client fails to comply with the booking conditions;
C. an Escort cannot be present at the location requested by the Client and/or the time specified by the Client and/or the location requested by the Client is not available;
D. other circumstances arise under which Exquisite cannot be expected to fulfill its obligations under the Booking.
6.4. Should Exquisite deem that it needs to cancel/change the Booking as referred to in the previous paragraph, it shall notify the Client accordingly without delay.
6.5 In the event of a change in the Booking, the Client is entitled to cancel the Booking. This cancellation must be notified to Exquisite in writing. Exquisite must then confirm the cancellation.
6.6 Exquisition undertakes to make every effort to make the Client's experience in accordance with its communications. However, it cannot guarantee this. This is related to the highly personal nature of the service.
Article 7: Cancellation or modification by the Client.
7.1. If Client wishes to cancel a Booking, Client shall notify Exquisite as soon as reasonably possible.
7.2 Failure of an Escort to meet the requirements or expectations of the Client shall not constitute grounds for cancellation or modification of the Booking. This is different only when Client is dissatisfied with the personality or appearance of the Escort. In such a case the Client must inform Exquisite within 15 minutes after the start of the Booking. Exquisite then undertakes to make every effort to find an appropriate solution.
7.3 In the event of a change by Client of location, time or Escort, Exquisite reserves the right to cancel the Booking.
7.4 If the Client wishes to make a change in the services to be provided by the Escort, this can only be done with his/her express agreement. Costs arising from the change shall be borne by the Client and must be paid no later than 2 hours prior to the execution of the Booking.
7.5 In case of cancellation of a booking as in clause 6.3, Exquisite shall not be liable in any way (directly/indirectly) for any resulting damage.
7.6 When Client wishes to cancel a Booking he does so by email or telephone. The cancellation must always be confirmed in writing by Exquisite. Exquisite will charge the following fees in the event of a cancellation:
* 24 hours before the start of the Booking, free of charge
* Between 4 and 24 hours before the start of the Booking, 50% of the booking fee
* Less than 4 hours prior to the start of the Booking, full booking fee
7.7 Only if the Escort is delayed in arriving on location by more than 30 minutes, the Client shall be entitled to cancel the Booking free of charge in accordance with the provisions of Clause 7.6. This clause does not apply to a Booking made less than 4 hours before its execution.
7.8 In the event of cancellation/change of a Package, the costs incurred by Exquisite up to that point shall be borne entirely by the Client.
Article 8: Rates
8.1 The rates charged by Exquisite for the various services it offers can be found on its Website. These rates are in Euro currency and include sales tax (VAT) and other government levies.
8.2 Exquisite is always entitled to adjust its rates without any right for the Client.
8.3 For specific arrangements, a price offer will be made by Exquisite. In case of additional wishes (whether or not performed by the Escort), Exquisite will in principle charge a standard rate or pass on the costs thereof directly to the Client.
8.4 If the agreed price for a booking is higher due to external factors, Exquisite is entitled to charge it to the Client.
8.5 The agreed price with the Booking refers only to the service in accordance with the agreed specifications.
8.6. Discount rates are applicable only if included as such by Exquisite in the Confirmation.
Article 9: Fees
9.1 Payment by the Client must be made no more than three (3) hours prior to the Booking. In the event of late payment, Exquisite and/or its Escort(s) shall be entitled to cancel the Booking
9.2 The Client must inform or confirm to Exquisite at least three (3) hours before the Booking that he will be present at the agreed location. Failure to do so will entitle Exquisite to cancel the Booking.
9.3 Only cashless or charted payment methods in Euros are permitted. Exquisite is entitled to refuse a payment method. When paying by credit card, a fee of 5% of the total amount to be paid will be charged.
9.4 If a Booking is cancelled by Exquisite because there are valid reasons that the Client: endangers the security Escorts, threatens to reveal the identity of one or more Escorts or will damage Exquisite's image, there is no right to a refund and the Client must pay the full amount of the Booking.
9.5 Whether or not the services requested in the Booking are used, the Client is liable to pay the price opposite.
9.6 Refunds will be made within 7 working days of the date on which the Booking took place or would have taken place.
9.7 Exquisite is entitled to require an advance payment in the amount of € 150, - for new Clients, where it can verify the Client's name based on the account number used.
9.8 When the payment behavior and/or the financial situation of the Client in the eyes of Exquisite necessitates the provision of more security, it may require it to do so. If this security is not provided it may cancel the Booking or suspend the execution of the Booking. The amount due shall then become immediately payable.
9.9 If Exquisition is found to be in the right in legal proceedings concerning this Agreement or the performance thereof, all costs incurred in connection therewith shall be borne by the Client. This includes, but is not limited to: attorney fees, court registry fees and bailiff fees.
Article 10: Discretion
10.1 Exquisite will treat all information received from the Client as confidential. It will not be shared with third parties and will only use it for the execution of a Booking. The information will only be shared if Exquisite is required by law to do so.
10.2 Client agrees to the provision of data and its use by Exquisite for the purposes of: identity verification, verification of information provided by Client and general research in public sources. All for the purpose of Escorts' safety.
10.3 If a Client provides false information about their identity, Exquisite reserves the right to blacklist the information provided and share it with public bodies including the judiciary if it deems necessary. This is to prevent Bookings being made with false information.
10.4 If a Client contacts one of the Escorts or exchanges contact information with an Escort in violation of these terms and conditions, Exquisite is entitled to share its contact information with third parties within the industry association.
Article 11: anability
11.1 Exquisite shall never be liable for damages except in cases of intentional or deliberate recklessness on its part.
11.2 Exquisite shall in no way be liable for (alleged) defects in the execution of Bookings, including - but not limited to - a disappointing experience of a Client, deviations from wording or images on the Website.
11.3 Exquisite shall not be liable for damages resulting from failure to comply with Article 5.2, including the risk of childbearing and sexual disorders.
11.4 Should Exquisite be liable, such damage shall always be limited to direct damage. The amount of damages shall further be limited to a maximum of 100% of the net amount charged by Exquisite to the Client.
11.5 Client shall indemnify Exquisite promptly and in writing upon its request against third party damage claims.
Article: 12 Force Majeure
12.1 Circumstances beyond the will and control of Exquisite, whether or not foreseeable at the time of the conclusion of the Booking, which are of such a nature that compliance with the Booking can no longer reasonably be required of Exquisite, shall count as force majeure, regardless permanent or temporary, and shall release Exquisite from its obligations to perform.
12.2. In case of force majeure, performance of the Booking will be suspended until the force majeure has disappeared. Exquisite will always try to make the period of force majeure as short as possible. However, the Booking will be considered cancelled if performance is permanently impossible. When there is a temporary impossibility that lasts longer than six (6) months after the time when delivery should have been made, both parties have the right to dissolve the Contract without either of them being entitled to damages.
12.3 Force majeure shall in any case include: war, riots, natural disasters, storm damage, fire, earthquakes, floods, abnormal weather conditions, snowfall, frost, strikes, lack of personnel, deficiencies in auxiliary and transport means, traffic impediments, theft of goods, disruptions in electricity supplies, internet connections and cable telephone or other communication networks such as e-mail, non-performance of third parties engaged by Exquisite, as well as all impediments caused by government measures. Force majeure on the part of suppliers also falls under this force majeure provision.
Article 13: Intellectual Property
The Website, method of service provision and other intellectual products of Exquisite are subject to intellectual property rights. The Client and/or third parties are not allowed to violate these rights including - but not limited to - acts of disclosure and/or reproduction.
Article 14: Modification clause
14.1 Exquisite reserves the right to amend and/or supplement these general terms and conditions. It will notify the Client in a timely manner. The amended general terms and conditions shall apply to the Booking one (1) month after notification to the Client.
14.2 In the event of a change in the general terms and conditions, Consumers will have the option to cancel the Booking until no later than the day on which the changed general terms and conditions come into effect if the changes result in Exquisite only being able to provide services that are substantially different from what the Parties agreed upon when the Booking was concluded.
Article 15: Complaints procedure
15.1 If Client has a complaint, Client must notify Exquisite of this complaint by email or by telephone. The complaint will, if reasonably possible, be addressed by Exquisite five (5) business days after receipt of the complaint, after which Client will receive a substantive response as soon as possible.
15.2 The Client also has the option of submitting a complaint to the Dispute Commission via the European ODR Platform, which can be found on the website http://ec.europa.eu/consumers/odr/.
Article 16: Choice of law and forum
16.1 These general terms and conditions and Bookings are governed exclusively by Dutch law.
16.2 Any disputes regarding Bookings and the general terms and conditions between Exquisite and Client shall be exclusively settled, subject to mandatory provisions, by the District Court of Amsterdam.