GENERAL TERMS AND CONDITIONS
The Client accepts the following terms and conditions by means of making use of the services of Upclass International and/or its successors in title and/or the legal entities/natural persons affiliated with it.
Article 1. General
In these general terms and conditions the following terms have the following meanings:
- General Terms and Conditions: these general terms and conditions of Upclass International.
- Arrangement: a package of services detailed in consultation with Upclass International on the basis of the Client's wishes.
- Booking: the agreement for assignment, provision of service, and all other agreements between the Client and Upclass International, including the Booking of an Arrangement.
- Booking Confirmation: confirmation by Upclass International to the Client in which the arrangements with regard to a Booking between the Client and Upclass International are recorded.
- Companion: the persons engaged by Upclass International with a minimum age of 21 years, who execute a Booking of the Client. These persons are always represented by Upclass International.
- International Booking: every Booking that is executed outside the Netherlands.
- Client: legal entities as well as natural persons with a minimum age of 18 years who wish to conclude or have concluded a booking agreement with Upclass International.
- Order/Assignment: every request from a (future) Client to Upclass International, made via the Website, by email, telephone, text message, or any other means of communication, in which the Client has the intention, in the opinion of Upclass International, to make use of Upclass International's provision of service.
- Parties: the Client and Upclass International jointly.
- Upclass International: the private company registered in the Commercial Register under number 859883152 and/or its successors in title.
- Website: Upclass International's website, known as: www.upclassinternational.com.
Article 2. Applicability
- These General Terms and Conditions apply to all offers issued or made by Upclass International, as well as to all Bookings and legal relationships related thereto. Derogations from these General Terms and Conditions will exclusively apply if and insofar as these are expressly approved in writing by Upclass International.
- Upclass International will always be entitled to adjust the text of these General Terms and Conditions and to unilaterally amend this. In that case the new text of these General Terms and Conditions will apply.
- The applicability of any general terms and conditions which the Client might use is expressly excluded.
- The Client will be deemed to agree to the exclusive applicability of these General Terms and Conditions at the time of the coming into effect of each Booking, unless Parties have expressly agreed otherwise in writing.
- If one or more of the provisions of these General Terms and Conditions are void or might be declared void, the remaining provisions of these General Terms and Conditions will remain fully applicable. In that case Upclass International and the Client will enter into consultation in order to agree on new provisions for the replacement of the void or voided provisions, whereby the purpose and meaning of the void or voided provision will be taken into account as far as possible.
- The Client who has already concluded a Booking with Upclass International will be deemed to tacitly agree to the applicability of these General Terms and Conditions to later and/or additional Bookings of and/or services to the Client concerned.
Article 3. Working method
- Upclass International is a fully legal escort agency, which executes its work subject to a permit with number: 2019-04083 and VVH/OV/2012/249619. Upclass International selects the Companions with due care, and the Companions perform their work out of their own free will on the basis of a Booking.
Article 4. Coming into effect of the Booking
- All offers and tenders made by Upclass International are without obligation, unless otherwise set out in the offer or tender.
- A Booking will only come into effect at the time when Upclass International has expressly accepted the Order or Assignment. In the case of a binding offer (in derogation from the provisions of article 4.1 of the GTC) it will apply that the Booking will come into effect at the time of the acceptance thereof by the Client. The Booking Confirmation from Upclass International will be deemed to correctly and completely represent the Booking.
- The Booking will be instead of and will replace all earlier proposals, correspondence, arrangements, or other communication, made in writing or as the case may be verbally.
- Upclass International is always permitted to refuse an Offer/Assignment, without having to state any reason for this.
Article 5. Booking
- Upclass International makes endeavours on the receipt of an Assignment, to match the Client to a Companion as much as possible, in order to offer the Client the best possible experience during the execution of the Booking.
- Upclass International reserves the right to provide a Companion with security in whatsoever form during the execution of a Booking.
- A minimum duration of 2 hours applies to Bookings.
- Bookings are only executed in hygienic dwellings, also being a constructed immovable property, or as the case may be a hotel/accommodation with a classification of at least four hotel stars.
- The Client undertakes to maintain a high level of personal hygiene during the execution of a Booking. This results inter alia, but not exclusively, in an obligation to use a condom if there is sexual contact during the execution of a Booking. It applies hereby that the Client is also not permitted to induce the Companion to dispense with the use of a condom for sexual contact during the execution of the Booking.
- During a Booking the Client must: ensure that at the commencement of, end of, and during a Booking the Companion is accessible, if necessary, for Upclass International, inter alia related to the payment for the Booking, as well as the well-being of the Companion; refrain from being in the possession of drugs in whatever form; refrain from offering drugs in whatever form to the Companion, with the exception of alcoholic beverages. It applies hereby that the Client is also not permitted to induce the Companion to accept and/or use the offered drugs in any form whatsoever.
- The Client will treat the Companion with respect during the execution of a Booking, which will be in conformity with the terms and conditions of the Booking Confirmation. The Client is never permitted to force the Companion to perform acts that are in conflict with the Booking or the Companion's will, or as the case may be otherwise in conflict with the law applicable in the country where the Booking is executed.
- The Client must always refrain from (any attempt to) misleading, harassment and/or any other acts or omissions which endanger the safety of Upclass International and/or the Companions engaged by it.
- The Client is never permitted to make direct contact with a Companion, to exchange contact details, or to disclose these to the Companion, unless Upclass International has provided prior express permission in writing for this.
- If the Client has, in conflict with the provisions of article 5.9 of the GTC, spent time with a Companion without the intervention from Upclass International, the Client will immediately owe to Upclass International, without the application of any reduction, the hours enjoyed in conformity with the standard prices as set out on the Website, plus a financial penalty to the amount of twice the amount owed.
Article 6. International Booking
- The terms and conditions that apply to a Booking as included in these General Terms and Conditions apply accordingly to an International Booking, unless these terms and conditions are expressly derogated from in this article.
- A minimum duration applies to International Bookings: the duration needs to be at least the number of hours that it takes a Companion to travel to and from the meeting point location. An Assignment for an International Booking within Europe must be received by Upclass International at least 12 hours in advance. An Assignment for an International Booking outside Europe must be received by Upclass International at least 48 hours in advance.
- Following the receipt of an Assignment for an International Booking, Upclass International will assess the travel destination on the basis of general positive travel advice, the security of the destination, experience of the destination, and consultation regarding this with the required Companion. Following a positive assessment by Upclass International the Client will receive a Booking Confirmation from Upclass International.
- The means of transport of a Companion will be determined in consultation on a case-by-case basis. Transport will always take place by express train or aircraft for destinations with a minimum travel time of 4 hours in the event of using a private motor vehicle. Transport will always take place by aircraft and the Companion will travel at least business class for destinations with a minimum travel time of 7 hours when using an aircraft.
- During an International Booking the Client must ensure that the Companion: is always accessible for Upclass International; consumes at least three meals per day at the Client's expense; makes at least once per day contact by telephone with Upclass International, for which privacy and opportunity will be offered; in the event of an International Booking with a duration of 48 hours or more, will have at least two hours per day as free time, to use at her own discretion, for which privacy and opportunity will be offered; in the event of an International Booking with a duration of 48 hours or more, will be provided with the opportunity to be able to sleep at least six hours per day.
Article 7. Cancellation/change by Upclass International
- Upclass International is always permitted to cancel and/or change a Booking if: a Companion cannot be present at the location and/or time requested by the Client; the location requested by the Client is not available; in the opinion of Upclass International the identity, integrity and/or safety of a Companion cannot be guaranteed; the Client does not fulfil the agreed terms and conditions of the Booking (within the period(s) set out for this purpose), or if there are good reasons that give cause to expect that the Client will not fulfil the agreed terms and conditions; circumstances occur as a result of which it cannot be reasonably expected from Upclass International that it will fulfil its obligations on the basis of the Booking.
- In the event of a change or cancellation within the meaning of article 7.1 of the GTC, Upclass International will as soon as possible make contact with the Client regarding this.
- If and insofar as the Booking can only take place under changed circumstances, the Client will be permitted to cancel the Booking free of charge.
- In the event that a Booking is cancelled within the meaning of article 7 of the GTC, neither Upclass International nor the Companion will be liable for any direct or indirect damage suffered, or expenses incurred, by the Client.
Article 8. Cancellation/ change by the Client
- In the event of a change or cancellation of the Booking by the Client, the Client will as soon as possible make contact with Upclass International.
- Upclass International and the Companions only have an obligation to use best endeavours with regard to all terms and conditions of the Booking. If the Companion does not meet one or more expectations of the Client, this will not give any right to cancellation/change of the Booking. The Client has only the right to change if the expectations of the Client concern the personality or appearance of the Companion and the Client has informed Upclass International of his dissatisfaction within 10 minutes after the commencement of the Booking in the Netherlands. In that event, Upclass International will have an obligation to use best endeavours to propose a realistic solution that is suitable for both Parties, and to change the Booking accordingly.
- If and insofar as the change of the Booking by the Client concerns the Companion, time, or location, Upclass International will only have an obligation to use best endeavours to adjust the Booking in conformity with the required changes or to offer an alternative. Upclass International nevertheless retains the right to cancel the Booking.
- Changes with regard to the detailing of the provision of service during the Booking will only be possible if the Companion expressly agrees thereto. If and insofar as these changes entail additional costs, these must be paid prior to the execution of the Booking.
- Delay of the arrival of the Companion at the agreed location of up to 30 minutes, caused by transport problems, will not give the Client the right to cancel the Booking. In the event of a delay of more than 30 minutes, the Client will be permitted to cancel the Booking free of charge by email or by telephone, unless this is a Booking that has come into effect less than 4 hours in advance.
- The Client is permitted to cancel the Booking free of charge by email or by telephone until 24 hours prior to the Booking concerned.
- In the event of cancellation within 4 until 24 hours prior to a Booking, the Client will be permitted once to cancel the Booking concerned free of charge by email or by telephone, unless this is an International Booking. In the event of cancellation within 4 until 24 hours prior to an International Booking, the Client will be charged EUR 350 for the costs.
- In the event of repeated cancellations of Bookings within 4 until 24 hours prior to a Booking, the Client will be charged EUR 350 for the costs.
- In the event of cancellation until 4 hours prior to a Booking, the Client will always be charged EUR 350 for the costs.
- In the event of repeated cancellations until 4 hours prior to a Booking, the Client will be charged EUR 700 for the costs.
Article 9. Price and price change
- All standard prices stated by Upclass International can be viewed on the Website. These prices are in Euros, including turnover tax (VAT) and exclusive of other duties imposed by authorities.
- The Client must make contact with Upclass International for the prices for Arrangements. This is partly related to the detailing of the terms and conditions of the Arrangement concerned.
- The price stated by Upclass International for a Booking will exclusively apply to the provision of service in conformity with the agreed specifications.
- Reductions as set out on the Website will only apply if agreed in advance with Upclass International and confirmed in the Booking Confirmation.
- Upclass International will be entitled to increase the agreed price in the event of an increase of one or more cost factors and/or other costs that are necessary and/or relevant for the execution of the Booking.
- All wishes of the Client that are additional to the agreed Booking in conformity with the Booking Confirmation, which necessitate Upclass International to perform more work or to incur more costs than Upclass International could reasonably expect at the entering into of the Booking will be grounds for increase of the agreed price.
- Price changes on the basis of articles 9.5 and 9.6 of the GTC will not give the Client the right to terminate the Booking (wholly or in part).
Article 10. Payments
- All payments must be made prior to the Booking or no later than immediately at the commencement of the Booking, unless expressly agreed otherwise in writing between Parties.
- In the event of a Booking of an Arrangement, the Client must after receipt of the Booking Confirmation immediately pay the entire costs of the Arrangement concerned to Upclass International, by means of transfer to a bank account to be designated by Upclass International.
- In the event of an International Booking, the Client must after receipt of the Booking Confirmation immediately make a down payment to Upclass International to the amount of 50% of the agreed price, as well as payment for all travel expenses of the Companion, by means of transfer to a bank account to be designated by Upclass International.
- Upclass International accepts cash payment in Euros, American dollars, or British pounds. The payment is based on the exchange rate applicable on the day of the payment, which rate will be rounded off to two decimal places. Furthermore, the usual bank charges will be charged to the Client.
- Upclass International also accepts payments by debit or credit card by means of a mobile pay machine. A surcharge of 5% of the total amount owed applies to payments by credit card. Payments by credit card can be made remotely via our office employee (so-called Mo/To transaction), or at the location of the Booking via the Companion. There is a surcharge of EUR. 50,- in case the Customer wishes the mobile payment terminal to be present at the location of the Booking for the transaction.
- Upclass International accepts payments via Paypal. A surcharge of 5% of the total amount owed applies to such payments.
- If a Booking is cancelled by Upclass International because there are good reasons to suspect that the Client will harm, endanger, or disclose the image or safety of Upclass International or of the Companions engaged by it, or as the case may be the identity of one or more Companions, the Client will continue to owe the full amount charged and there will not be any right to a refund.
- If an International Booking, or a Booking of an Arrangement, is cancelled, the Client must pay the costs to Upclass International, insofar as incurred by Upclass International and insofar as these costs are not eligible for a refund.
- There is no right to a refund of any amount, if during the execution of the Booking use is not made, on the initiative of the Client, of all services as agreed in the Booking Confirmation.
- A refund of any amount paid by the Client related to a cancelled Booking will in principle take place by means of setoff against the amount owed by the Client for a following Booking, unless the Client informs Upclass International, within six months after the original Booking, that he does not want a new Booking. In that event the refundable amount will be paid to a bank account to be designated by the Client. If the Client has not provided Upclass International with a new Assignment for a Booking within six months and has not informed Upclass International that he wishes to receive the refundable amount, the Client's right to a refund will lapse.
- In the event of exceeding of the periods referred to under articles 10.1 up to and including 10.3 of the GTC, the Client will be in default by operation of law (without further demand or notice of default being required for this purpose). If this is the case, the Client will owe statutory interest, plus 3% interest over the price per month. A part of the month will be regarded as a full month for the interest calculation. In that event the Client will also owe the extrajudicial costs to Upclass International, which are hereby recorded at a minimum of 15% of the agreed price including outstanding interest, without prejudice to Upclass International's right to claim the actual extrajudicial costs.
- If Upclass International receives an Order from a Client from whom Upclass International has not yet received an earlier Booking, Upclass International will be entitled to require that this Client, depending on the type of Booking: pays an advance payment of EUR 150 to Upclass International and that Upclass International will have received this advance payment no later than 3 hours prior to the Booking; and/or ensures that Upclass International, no later than 3 hours prior to the Booking, can establish with sufficient certainty that the Client is present in the agreed accommodation.
- If the Client's financial position and/or payment record gives cause thereto in the opinion of Upclass International, Upclass International will be entitled to require that the Client promptly provides (additional) security in a form to be determined by Upclass International and/or pays an advance payment. If the Client omits to provide the required security, Upclass International will be entitled, without prejudice to its other rights, to immediately suspend the further execution of the Booking, and all that which the Client owes to Upclass International, on whatsoever basis, will be immediately due and payable.
- The agreed price, including the outstanding interest, will be immediately due and payable in any event if: a payment term is exceeded; a petition for a bankruptcy order of the Client is submitted and/or moratorium of the Client is applied for; attachment is levied against the Client; the Client applies for admission to the statutory debt restructuring scheme (Debt Rescheduling (Natural Persons) Act), is placed under guardianship, dies, or in any other manner loses free control of his assets.
- If Upclass International is successful in judicial proceedings, all costs incurred by Upclass International related to these proceedings will be at the Client's expense.
- In all cases Upclass International will (also) have the right to claim specific performance and/or compensation (of damage) in addition to the rights referred to (inter alia) in this article.
Article 11. Confidentiality
- All information of the Client which is available to Upclass International on the basis of its provision of service will be dealt with confidentially and will only be used in the context of the execution of the provision of service as agreed in a Booking, as well as for optimising the provision of service related to any future Bookings. The execution of the provision of service includes inter alia identity verification for the purpose of the safety of Upclass International and the Companion to be engaged by it.
- Information of the Client which is available to Upclass International on the basis of its provision of service will not be provided to third parties, unless statutory provisions oblige Upclass International to do so.
- If a Client provides Upclass International with incorrect information with regard to his person, Upclass International retains the right to represent the information concerned in a 'black list', to be shared on sector websites, other media, and with the police and prosecution service, in order to prevent future false information in Bookings.
- If a Client, in conflict with these General Terms and Conditions, makes direct contact with a Companion, attempts to make direct contact with a Companion, or exchanges any contact details with a Companion, Upclass International reserves the right to share information regarding the Client with the management of other escort agencies in order to warn them against such mode of action on the part of the Client.
Article 12. Liability
- Upclass International will not be liable for any damage, unless there is intent or wilful recklessness on the part of Upclass International.
- Defects of whatsoever nature, disappointed expectations on the part of the Client, information on the Website, or derogations vis-a-vis information provided on the Website will not give any right whatsoever to compensation (of damage) and/or setoff.
- Furthermore, Upclass International will not be liable for any damage arisen as a result of any acts in conflict with article 5.5 of the GTC, as well as any damage caused otherwise by sexual diseases which may occur as a result of the use of Upclass International's provision of service.
- Any liability on the part of Upclass International is always limited to any direct damage. Upclass International will never be liable for indirect or consequential damage.
- Any contractual or non-contractual liability on the part of Upclass International is furthermore limited to a maximum of 100% of the net amount charged for the work.
- If Upclass International is held liable by a third party with regard to any damage for which it is not liable pursuant to the Booking (including these General Terms and Conditions), the Client will fully indemnify Upclass International and will compensate Upclass International for everything that Upclass International must pay to this third party, as well as compensate the costs incurred related thereto.
Article 13. Guarantees
- With due regard to Upclass International's obligation to use best endeavours, as set out under articles 5 and 8 of the GTC, Upclass International does not provide any guarantee towards the Client concerning the Client's experience during the Booking, partly given the very personal experience that the nature of the service entails.
Article 14. Force majeure
- If Upclass International cannot, or cannot completely fulfil its obligations as a result of a cause or incident that cannot be attributed to Upclass International, including interruption of the operational management of Upclass International and/or a third party engaged by Upclass International, or due to any other circumstance that is beyond Upclass International's control, these obligations will be suspended until the time when Upclass International is once again capable of fulfilling its obligations on the basis of an Assignment or Booking.
- If Upclass International is incapable of fulfilling its obligations towards the Client within a reasonable period, as a result of a cause or incident that cannot be attributed to it, both Upclass International and the Client will have the right to cancel the Booking, without Upclass International being obliged to compensate any damage on the part of the Client as a result of this cancellation.
- If, at the occurrence of a force majeure situation as described in this article, Upclass International has already partially fulfilled its obligations or can only partially fulfil its obligations, Upclass International will be entitled to separately charge the Client for the part of the Booking that has already been executed, and the Client will be obliged on his part to pay this amount.
- If a force majeure situation as set out in this article arises, Upclass International will as soon as possible make contact with the Client, in order to reach a suitable and realistic solution.
Article 15. Intellectual property
- The names "Upclass International" and "Upclass" are registered trade names of Upclass International, which are registered in the Commercial Register of the Chamber of Commerce. The word "Upclass" is also a word trademark, registered with the EU Intellectual Property Office. The logo used by it is a pictorial trademark registered with the Benelux Intellectual Property Office.
- Upclass International reserves all intellectual property rights which accrue to it on the basis of the Copyright Act and/or other intellectual property legislation and regulations.
- It is expressly not permitted to reproduce, disclose or exploit the marketing and/or sales materials and products designed by Upclass International, including, but not limited to, the contents of the Website, as well as the working method and other intellectual work of Upclass International, all this in the broadest sense, whether or not with the engagement of third parties, unless Upclass International has provided prior express permission in writing for this purpose.
- All images and information of third parties on the Website serve for the support of Upclass International's image. The services of these third parties are not in any manner whatsoever affiliated with Upclass International's services.
Article 16. Applicable law and choice of forum
- The law of the Netherlands exclusively applies to all Assignments and Bookings, including these General Terms and Conditions.
- Any disputes between Upclass International and the Client on the basis of an Assignment or Booking, including these General Terms and Conditions, will be submitted to the court with competent jurisdiction in the North Holland district situated in the Netherlands.