Terms & Conditions

This is a courtesy translation. The Dutch text is the legally binding version.

• Company: SN Consultancy, trading under the name Silk Note
• Website: www.silknote.nl / www.silknote.eu / www.silknote.be
• E-mail: info@silknote.nl
• Telephone: +31 6 19180026
• VAT number: NL869040686B01

By submitting a request, placing a Booking or using the website, the Client declares to have been able to take note of these Terms and Conditions and to agree to them.

These Terms and Conditions apply to all requests, bookings, agreements, offers, communication and use of the Silk Note website. Deviations are only valid if confirmed in writing by Silk Note. Any general terms and conditions of the Client are expressly rejected.

Article 1 – Definitions

In these Terms and Conditions, the following terms have the following meanings:

• Silk Note: SN Consultancy, trading under the name Silk Note, registered in the Trade Register of the Dutch Chamber of Commerce under KVK number 99562456 and operating under a valid escort licence issued by the municipality of Arnhem under case number 4969886.
• Client: any natural person of at least 18 years of age who submits a request, places a Booking or uses the services or website of Silk Note.
• Companion: the person of at least 21 years of age selected or engaged by Silk Note who can carry out a Booking.
• Request: a non-binding request by the Client for a possible Booking.
• Start of the Booking: the moment at which the Companion arrives at the agreed location or the meeting actually begins, whichever occurs first.
• Confirmation: the written confirmation by Silk Note by which a request is converted into a Booking.
• Booking: the agreement under which Silk Note mediates between the Client and the Companion for the purpose of a meeting.
• Booking Amount: the total amount owed by the Client for the Booking, including the mediation fee, the fee for the Companion, travel and accommodation costs and any additional costs.
• Booking Duration: the agreed duration of the Booking as recorded in the confirmation.
• New Client: a Client who has not previously used the services of Silk Note or whose most recent Booking took place more than 13 months ago.
• International Booking: any Booking that takes place wholly or partly outside the Netherlands or that requires international travel.
• Europe: the member states of the European Union, supplemented by Switzerland, Norway and the United Kingdom.
• Website: the websites operated by Silk Note, including www.silknote.nl, www.silknote.eu and www.silknote.be.

Article 2 – Nature of the services

• Silk Note acts exclusively as an intermediary between the Client and the Companion.
• Silk Note facilitates, among other things, communication, planning, selection, administrative handling and, where applicable, payment processing.
• There is no employment contract within the meaning of Article 7:610 of the Dutch Civil Code (BW) between Silk Note and the Companion, and no relationship of authority.
• The Companion independently determines her availability, personal boundaries, acceptance of Bookings and the way in which she gives shape to the meeting.
• Silk Note can facilitate a Booking, but cannot oblige the Companion to accept a Booking, to continue it or to carry it out in any particular way.
• Silk Note has a best-efforts obligation. No result is guaranteed, including but not limited to personal connection, chemistry, experience or subjective expectations of the Client.
• The actual meeting takes place between the Client and the Companion. Silk Note is not a party to the personal interaction between the Client and the Companion.
• If, at the start of the Booking, exceptional circumstances arise that in Silk Note's judgement materially deviate from what was agreed, the Client must report this without delay. In that case Silk Note may, without any obligation to do so, offer an appropriate solution at its own discretion.

Article 3 – Request, communication and confirmation

• Requests can only be made through communication channels designated by Silk Note, including but not limited to WhatsApp, telephone, e-mail and the contact form on the Website.
• A Request is non-binding and does not oblige either Party until it has been expressly confirmed in writing by Silk Note.
• Silk Note is entitled to require further information from the Client for the assessment of a Request, including in any case name, telephone number, desired date, time, duration, location and, where applicable, preference for a Companion.
• Silk Note is entitled to require additional information and/or verification from the Client if this is deemed necessary in the context of safety, reliability, compliance with laws and regulations or internal risk assessment.
• Silk Note may require identification of the Client prior to the Confirmation or execution of a Booking. If the Client does not cooperate, or if there is reasonable doubt about the accuracy or completeness of the information provided, Silk Note is entitled to refuse, suspend or cancel the Request or Booking.
• For New Clients, Silk Note may impose additional conditions, including a mandatory deposit, additional verification or specific safety measures.
• A Request is only converted into a Booking at the moment Silk Note has expressly confirmed it in writing.
• A Confirmation may take place by e-mail, WhatsApp or another written means of communication and serves as evidence of the agreements made, subject to proof to the contrary.
• The Confirmation includes in any case: date, start time, location, duration of the Booking, the Booking Amount, any additional costs, amounts already paid, outstanding balance and any special arrangements.
• In the event of a dispute about the content of the Booking, the most recent written Confirmation sent by Silk Note prevails, unless the Client proves otherwise.
• The Client is responsible for providing contact details in a timely and correct manner and for being reachable around the time of the Booking.

Article 4 – Lapse of a request

• A request lapses automatically if the Client does not respond within a reasonable period, or within a period set by Silk Note, to requests for information, verification or payment.
• A request also lapses if a required deposit is not received in time or if the Client cannot be reached via the contact details provided.
• Silk Note is not obliged to reconsider a lapsed request.
• If a request lapses, Silk Note may release the reserved date, time or Companion without further notice.
• The lapse of a request does not entitle the Client to any compensation or to the availability of a specific Companion.

Article 5 – Right of refusal

• Silk Note may refuse, decline to confirm, cancel or terminate a request or Booking if there are reasonable grounds to do so.
• Reasonable grounds may exist, among other things, if:
• Silk Note or the Companion doubts the safety, reliability or intentions of the Client;
• the Client provides incorrect, incomplete or misleading information;
• payment, verification or required information is not forthcoming;
• there is disrespectful, intimidating, discriminatory, threatening or transgressive behaviour;
• there is a conflict with laws and regulations, licensing requirements or internal safety guidelines.
• Silk Note is not obliged to give substantive reasons if, in view of safety, discretion or the protection of those involved, this is not desirable.
• In exercising this right, Silk Note acts in accordance with the law, including the principle of non-discrimination.
• If a request is refused or cancelled before confirmation, no payment obligation arises, except for costs already incurred and communicated in advance.
• If a Booking has already been confirmed, the financial consequences are governed by the articles on payment and cancellation.

Article 6 – Consumers' right of withdrawal

1. Where a distance contract exists within the meaning of Article 6:230g of the Dutch Civil Code (BW), the consumer in principle has the right to dissolve the agreement within fourteen (14) days of its conclusion without giving reasons.

2. The right of withdrawal does not apply to Bookings that qualify as contracts for the provision of services relating to leisure activities where the agreement provides for a specific date or period of performance, as referred to in Article 6:230p(e) of the Dutch Civil Code (BW).

3. Since Bookings through Silk Note as a rule concern services on a specifically agreed date and time, the right of withdrawal is excluded in most cases.

4. Insofar as the right of withdrawal is not excluded in a specific case and the consumer requests that the services commence within the withdrawal period, the consumer expressly consents to performance commencing within that period and acknowledges that the right of withdrawal lapses upon full performance.

5. Business clients (legal entities and natural persons acting in the course of a profession or business) have no right of withdrawal.

Article 7 – Conduct, safety and boundaries

• Safety, integrity, voluntariness, hygiene, discretion and mutual respect are essential conditions for every Booking.
• The Client must behave respectfully towards Silk Note and the Companion.
• The Client must not display any pressure, coercion, aggression, intimidation, threats, blackmail, discrimination or transgressive behaviour.
• Illegal requests or acts are strictly prohibited.
• The Client must not insist on acts that have not been agreed or to which the Companion does not consent.
• The Client must not ask for private information about the Companion, including home address, surname, family details or private contact details.
• Making photo, video or audio recordings without the express prior consent of the Companion is prohibited.
• Distributing, copying or publishing images, personal data or confidential information of Silk Note or the Companion is prohibited.
• The Companion has the right to refuse, interrupt or immediately terminate a Booking if she feels unsafe or if the Client violates agreements, boundaries or safety rules.
• Silk Note supports any reasonably taken safety decision of the Companion.
• If a Booking is terminated due to circumstances attributable to the Client, the full Booking Amount remains due and no refund will be given.
• Violation of this article may lead to refusal of future services and, where necessary, legal action.

Article 8 – Penalty clause and prohibited circumvention

• The Client is prohibited from contacting a Companion, directly or indirectly, outside of Silk Note with the aim of arranging a (future) Booking without the involvement of Silk Note.
• In the event of a violation of the prohibition in paragraph 1, the Client forfeits, without further notice of default, an immediately payable penalty amounting to at least the most recently agreed Booking Amount, without prejudice to Silk Note's right to claim full compensation if the actual damage is higher.
• In the event of a violation of provisions concerning discretion, confidentiality or the making and/or distribution of image or audio material, the Client likewise forfeits an immediately payable penalty of at least €5,000 per violation, without prejudice to the right to full compensation.
• The forfeiture of a penalty is without prejudice to Silk Note's other rights, including the right to performance, additional compensation and refusal of future services.

Article 9 – Location

• Bookings in principle take place in a hotel or another neutral and suitable location.
• Home Bookings are only possible after additional verification of the Client and with the consent of Silk Note and the Companion.
• The Client guarantees that the location is safe, clean, discreet, accessible and free of unwanted third parties.
• The Client guarantees that no hidden recording equipment is present at the location.
• If upon arrival the location turns out to be unsafe, unhygienic, misrepresented or otherwise unsuitable, the Companion may terminate the Booking immediately without any refund.
• Additional costs arising from a change of location or circumstances on the part of the Client are borne by the Client.

Article 10 – Booking Amount, payment and deposit

10.1 Booking Amount

• The Booking Amount consists, where applicable, of:
• the mediation and service fee of Silk Note;
• the fee for the Companion;
• travel and accommodation costs;
• additional services;
• other costs agreed in advance.
• The composition of the Booking Amount is communicated to the Client prior to the Confirmation.
• All amounts are expressed in euros (€) and include VAT, unless expressly stated otherwise.

10.2 Payment

• All payments must be made in full:
• before the start of the Booking; or
• at the start of the Booking, only if cash payment has been agreed.
• For international Bookings, payment must be received in full before the Companion's departure.
• If payment is not received in time, Silk Note is entitled:
• to cancel the Booking;
• not to have the Companion appear or depart;
• or to suspend the execution of the Booking.
• When a Booking is extended, payment for the additional time must be made immediately prior to the extension.

10.3 Payment methods

• Payment can be made through payment methods accepted by Silk Note, including bank transfer, iDEAL, credit card, PayPal, debit card or cash payment (if agreed).
• Cash payments are accepted exclusively in euros (€).
• Surcharges may apply to payments by credit card or external payment providers. These costs are borne entirely by the Client and are communicated in advance.
• Transaction costs, exchange rate differences and international bank charges are likewise borne entirely by the Client.

10.4 Deposit

• Silk Note requires a deposit of at least 10% of the Booking Amount for every Booking.
• For Bookings:
• within 48 hours before the start; or
• within 72 hours before departure in the case of international Bookings,

the Client is required to pay the full Booking Amount.

• The deposit or full payment must be received before the Booking is confirmed, unless expressly agreed otherwise.
• Silk Note is entitled to require a higher deposit or full advance payment if the nature, scope or circumstances of the Booking give reason to do so.
• The deposit is deducted from the total Booking Amount.
• The deposit is non-refundable, except where Silk Note cancels the Booking for reasons not attributable to the Client.
• In the event of cancellation by the Client, the deposit is set off against the amounts due in accordance with Article 11.

10.5 Security

• Silk Note is entitled to require additional security or a higher advance payment if:
• there is an increased risk;
• the Booking Amount is substantial;
• or the circumstances give reason to do so.
• If the Client fails to provide the requested security, Silk Note is entitled to suspend or cancel the Booking, in which case amounts already due become immediately payable.

10.6 Errors

Obvious calculation errors, typing errors or administrative mistakes do not bind Silk Note.

Article 11 – Cancellation by the Client

11.1 General

• The Client may cancel a Booking free of charge up to 48 hours before the start of the Booking.
• For Bookings with a duration of 18 hours or longer, a free cancellation period of 72 hours before the start applies.
• In the event of cancellation:
• between 48 hours and 24 hours before the start: 50% of the Booking Amount;
• within 24 hours before the start, as well as in the event of a no-show or termination after the start, 100% of the Booking Amount is due.
• If the Client chooses not to use (part of) the Booking, there is no right to a refund.

11.2 Bookings within Europe

• The Client may cancel a Booking free of charge up to 48 hours before the Companion's departure, with the exception of costs already incurred.
• In the event of cancellation:
• between 48 hours and 24 hours before departure: 50% of the Booking Amount;
• within 24 hours before departure, after departure, as well as in the event of a no-show or termination after the start, 100% of the Booking Amount is due.

11.3 Bookings outside Europe

• The Client may cancel a Booking free of charge up to 72 hours before the Companion's departure, with the exception of costs already incurred.
• In the event of cancellation:
• between 72 hours and 48 hours before departure: 50% of the Booking Amount;
• within 48 hours before departure, after departure, as well as in the event of a no-show or termination after the start, 100% of the Booking Amount is due.

11.4 Costs incurred

• Costs already incurred are always charged in full, regardless of the moment of cancellation.
• These costs include, but are not limited to: tickets, hotel reservations, transfers, visa costs, insurance, reservation and administration costs and other demonstrable costs.
• Costs arising from changes or cancellation, including third-party costs, are likewise borne entirely by the Client.
• Silk Note is entitled to set off these costs against amounts already paid or to invoice them separately.

11.5 Nature of the compensation

The compensations referred to in this article constitute reasonable, predetermined compensation for:

• exclusively reserved and blocked time;
• preparations made;
• lost income as a result of limited possibilities of rebooking.

11.6 Power to deviate

Silk Note reserves the right to deviate from this arrangement in exceptional cases at its own discretion.

Article 12 – International Bookings, travel and accommodation costs

• International Bookings within Europe have a minimum Booking Duration of 12 hours.
• International Bookings outside Europe have a minimum Booking Duration of 24 hours, excluding travel time.
• Travel time is in principle not counted as Booking Duration, unless:
• the Client and the Companion travel together; or
• expressly agreed otherwise in writing.
• The total travel time may be calculated on the basis of flight duration, waiting time, transfers, connection time and a reasonable buffer.
• All travel and accommodation costs necessary for the Booking are borne entirely by the Client.
• Travel and accommodation costs include, among other things, flight tickets, train and car costs, transfers, hotel stays, visa costs, insurance, reservation costs and other directly related costs.
• On intercontinental flights, the Companion travels in Business Class, unless agreed otherwise in writing. Within Europe, travel is in principle in Economy Class, unless the flight duration or circumstances require otherwise.
• Hotels must be of at least four-star level, unless agreed otherwise.
• All travel and accommodation costs must be paid in full before departure.
• If the Client causes a delay, obstructs a return journey or makes an extended stay necessary, all additional costs, accommodation costs, rebooking costs and additional hours are borne entirely by the Client.
• Additional hours of stay caused by the Client are rounded up to whole hours, with a minimum of two hours within Europe and three hours outside Europe.
• Silk Note is not liable for delays, cancellations, border controls, visa problems, government measures, strikes, transport problems, pandemics, weather conditions or other external circumstances beyond its control.
• If an international Booking is delayed, shortened or rendered impossible by such circumstances, costs already incurred remain due in full.

Article 13 – Website and content

• Silk Note strives to maintain the website and other communication channels carefully and to keep them up to date.
• Silk Note does not guarantee that all information is complete, correct or up to date at all times.
• Information on the website, including profiles, descriptions, characteristics, availability and rates, is indicative and may be changed without prior notice.
• Photos and profile information are intended to give a representative impression. Differences in appearance, styling or presentation may occur.
• Descriptions and qualifications on the website are of a subjective and promotional nature. No enforceable rights can be derived from them.
• Silk Note is not liable for obvious inaccuracies, typing errors, technical malfunctions, temporary unavailability of the website or incorrect expectations arising from them, to the extent permitted by law.

Article 14 – Discretion, privacy and blacklist

• Discretion is a core value of Silk Note and applies mutually between Silk Note, the Companion and the Client.
• Silk Note treats personal data and Booking data confidentially and shares them only to the extent necessary for the execution of the Booking, compliance with legal obligations or the protection of legitimate interests.
• The Client likewise commits to strict discretion and will not distribute or publish any data, photos, videos, contact details or other confidential information of Silk Note or the Companion.
• Violation of the discretion obligation may lead to immediate termination of the Booking without refund and to civil or criminal proceedings.
• Silk Note processes personal data in accordance with the GDPR and refers to the separate Privacy Statement for a full explanation.
• Silk Note may register a Client on an internal blacklist if there are reasonable grounds to do so in the context of safety, fraud prevention, payment risks or the protection of Companions and the business.
• Reasonable grounds may include a no-show, repeated cancellations, false information, threats, intimidation, payment problems, unfounded chargebacks, attempts to circumvent Silk Note or breaches of discretion.
• Personal data for a blacklist are processed exclusively for necessary safety and fraud-prevention purposes, on the basis of a legitimate interest, with due observance of proportionality, subsidiarity and data minimisation.
• The blacklist is in principle internal. Sharing with third parties only takes place if this is necessary, proportionate and lawful.
• Clients can exercise their rights under the GDPR as further described in the Privacy Statement.

Article 15 – Liability and indemnification

• Silk Note is only liable for direct damage that is the direct result of a demonstrable and attributable shortcoming in its mediation activities.
• Silk Note is not liable for conduct, statements, choices or omissions of the Companion during or around the actual meeting, unless there is intent or gross negligence on the part of Silk Note itself.
• Silk Note is not liable for indirect damage, consequential damage, lost income, reputational damage, emotional or immaterial damage, disappointment or subjective expectations.
• Any liability of Silk Note is limited to a maximum of the mediation fee received by Silk Note in respect of the Booking concerned.
• Any claim for compensation lapses if it is not reported to Silk Note in writing within twelve months of the damage arising.
• The Client indemnifies Silk Note against third-party claims arising from the Client's conduct, violation of laws and regulations, breach of these terms and conditions, illegal or inappropriate requests, or distribution of confidential information or images.
• If Silk Note has to incur costs as a result of the Client's conduct, including legal costs, the Client is obliged to reimburse these costs in full.

Article 16 – Force majeure

• Force majeure means any circumstance beyond the reasonable control of Silk Note or the Companion that makes performance temporarily or permanently impossible or unsafe.
• Force majeure includes, among other things, illness, sudden medical circumstances, accidents, calamities, government measures, travel restrictions, border closures, pandemics, strikes, transport problems, extreme weather conditions and technical malfunctions.
• In the event of force majeure, Silk Note may reschedule, suspend or cancel the Booking without being liable for damages.
• Costs already incurred remain due insofar as they were reasonably incurred and cannot be recovered.
• The parties will make reasonable efforts to agree on an alternative date, without being obliged to do so.
• Safety takes priority at all times. If Silk Note or the Companion decides not to let a Booking go ahead on the basis of safety risks, this constitutes a justified suspension or termination.

Article 17 – Changes to the terms and conditions

• Silk Note may amend these Terms and Conditions.
• The most recent version is always available on the Silk Note website.
• Amended terms and conditions apply to new requests and Bookings from the moment of publication.
• Bookings already confirmed remain subject to the terms and conditions that applied at the time of confirmation, unless the parties agree otherwise in writing.

Article 18 – Applicable law and competent court

• All legal relationships between Silk Note and the Client are governed exclusively by Dutch law.
• Disputes will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.

Article 19 – Final provision

• If any provision of these Terms and Conditions proves to be wholly or partially void, voidable or unenforceable, the remaining provisions remain in full force.
• The provision concerned will be replaced by a provision that corresponds as closely as possible to the purpose and intent of the original provision.