Terms & Conditions

Article 1. Definitions

In these general provisions, the following are taken to mean:

"the service provider": the private company with limited liability Nightingale Escortservice Eindhoven B.V., also operating under the name Nightingale Exclusive, holder of operating licence number H16/27918, an escort service agency, with address in Eindhoven. and registered with the Chamber of Commerce in Eindhoven under number: 67306241;

"the client": the natural person to whose benefit the services are rendered by the service provider. By using the services of the service provider the client declares and guarantees to be at least eighteen years of age;

"website": the service provider's website to be visited via www.nightingaleexclusive.com  

Article 2. Scope of the General Terms and Conditions

All offers, agreements and services of the service provider are governed by these general terms and conditions. By visiting the service provider's website the client agrees with the applicability of these general terms and conditions. When a booking is confirmed by the client to the service provider, these general terms and conditions shall be explicitly made available and/or handed over. Once these General Terms and Conditions are applicable, they will also - without further statements to this effect - apply to new agreements between the service provider and the client. If deviations are made to one or more items in these General Terms and Conditions, the other conditions stated herein will remain in full force. If any provision of these General Terms and Conditions becomes invalid, is destroyed or otherwise declared inapplicable, the remaining provisions of these General Terms and Conditions shall remain in full force and between the parties a provision which to the greatest possible extent corresponds to the intention and spirit of the invalid, destroyed or inapplicable provision shall apply to replace the provision which became invalid, which is destroyed or otherwise declared inapplicable. The service provider is entitled to amend these General Terms and Conditions. The amended conditions shall be considered to be accepted by the client if the client does not, within fourteen days after the amended conditions have been sent or announced, lodge an objection against the amended conditions.

Article 3. Formation/rejection of the agreement

The agreement between the service provider and the client shall be formed by means of confirmation of the date, time, location, specifications and costs of the booking by the service provider by e-mail to the client. The service provider is always entitled, without stating a reason, not to handle a certain booking or to reject it in advance. The minimum duration of a booking is two hours.

Article 4. Modification and termination of a booking by the service provider

The service provider is entitled to modify or terminate a booking made at all times, if: - the model's safety is not guaranteed; - the client does not comply with the agreed conditions, or well-founded concerns arise that the client will not comply with the agreed conditions; - the model cannot be present at the requested place and/or the requested time; - the service provider cannot reasonably be expected to comply with the booking. In case of a modification or termination of the booking by the service provider, the service provider will contact the client as soon as reasonably possible to notify the client of this situation. In the event of a modification of the booking by the service provider, the client shall be entitled to terminate the booking without owing any further costs. Neither the service provider, nor the models the service provider mediates for, shall be responsible for direct or indirect damage as a result of the modification or termination of the booking by the service provider.

Article 5. Modification and termination of a Benelux booking by the client

If a client wishes to modify or cancel a booking within the Benelux, the client shall notify the service provider thereof at least 12 hours before the start of the booking by e-mail to: info@nightingaleexclusive.com. Up to 12 hours before the start of the booking the client can cancel the booking free of charge. If the client wants to change the time or location, the service provider will make all reasonable efforts to comply with this request, or offer an adequate alternative. The service provider reserves the right to cancel the booking if a change of time or location is requested. If the client wishes to cancel the booking within twelve to four hours before the start of the booking, this will be free of charge the first time, if documentary evidence can be presented of a well-founded reason which justifies the request. For each following cancellation by the client, within twelve to four hours before the start of the booking, the client will have to pay € 325.00 to the service provider, payable within five working days after the cancellation or request by the client. If the client wishes to cancel the booking within four hours or less before the start of the booking, or if the client does not appear, the client shall owe the full amount of the booking to the service provider, payable within five working days after the cancellation by the client. In the event that the client wishes to cancel the booking at the start of the booking, for example because the model is not what the client expected, the client shall contact the service provider within ten minutes after the start of the booking in order to look for a suitable solution. Complaints after the aforementioned time has passed shall not be accepted. In case of cancellation of the date within 10 minutes after arrival of the model and the inability to come to an appropriate solution, the client can cancel the date without charge of costs. Late arrival of the model at the agreed location does not entitle the client to a discount or restitution either. After 30 minutes of delay the client is entitled to cancel the booking free of charge.

Article 6. International booking

With regard to bookings taking place outside the Benelux a minimum period, exclusive of travel times, applies: - 12 hours, if the booking takes place within Europe; - 16 hours, if the booking takes place outside Europe; The service provider shall assess the travel destination before allowing a booking, among other things in terms of positive travel advice, safety and past experiences. Based on this assessment a booking may be refused. In the event of a positive assessment the client shall make a payment of at least half the booking amount at the time of booking to the service provider, to be increased with the total travel costs, which must be paid within twelve hours after these costs have been specified by the service provider. Investments needed to be done by service provider due to an international booking - like airline tickets and other possible investments - should always first be met by the client before the service provider will make the necessary reservations for models for an international booking. The travel method of the models shall be decided in consultation between the client and the service provider, based on the assumption that for destinations with a travel time by car of more than four hours, a high-speed train or flight will be required. For destinations requiring a flight, the basic principle is that for flights up to 6 hours travel time, our models travel economy class. For flights longer than 6 hours, our models travel economy plus and for flights longer than nine hours models travel business class. In case the client cancels the international booking, the service provider will do its utmost best to keep costs to a minimum, or remit them. Possible incurred costs in the context of an international booking (eg the cost of a ticket) that are not irreversibly will be passed to the client. The service provider is entitled to offset the payment made by the client with those costs. If the client wishes to cancel the international booking less than twenty-four hours before the start of the booking, or if the client does not appear, the client shall owe the minimal amount of a booking (increased with the already incurred expenses for an international booking) to the service provider, payable within five working days after the cancellation by the client. In the event that the client wishes to cancel the booking at the start of the booking, for example because the model is not what the client expected, the client shall contact the service provider within ten minutes after the start of the booking in order to look for a suitable solution. Complaints after the aforementioned time has passed shall not be accepted. Late arrival of the model at the agreed location does not entitle the client to a discount or restitution either. Possible delays are inherent to international travel.

Article 7. Execution of the agreement

During the booking the model must be: available by phone the entire time; eat at least three meals at expenses of the client; contact the service provider at least once a day, for which the opportunity and privacy will be offered by the client; for bookings lasting longer than 24 hours, have at least 2 hours of time for themselves and at least six hours to sleep; During the booking the client must: be discreet and maintain a high level of personal hygiene; treat the models with respect and not force them to perform acts against their will, contrary to these terms and conditions or in breach of the law; use a condom when sexual acts are performed; not offer any drugs, or the client shall not try to convince the model either verbally or physically to use or accept drugs; cooperate to allow the model to contact the service provider; The models can visit the client in four or more star hotels, a suite is preferred. In consultation, models can also visit the client in a private home. Meetings will never take place in unhygienic and unsafe locations, cars, rendez-vous hotels, student rooms, sex clubs and cinema. Even though the service provider aims to offer the best possible experience during the performance of the services, the experience is a very personal matter and therefore satisfaction cannot be guaranteed. During the booking modification are only possible subject to the model's approval; the model is not required to accept the changes. Violation of any of the provisions of this article provides the service provider with an urgent reason to cancel or terminate the booking immediately, without granting a repayment or discount.

Article 8. Confidentiality and communication

All information provided by the client to the service providers, in particular personal details and the existence of a booking, shall be handled with the utmost discretion. The details shall not be used for purposes other than arranging the booking. This information shall not be provided to third parties, unless required so by the law. The client shall handle all the information provided by the service provider or the model with discretion and shall not disclose this information to third parties without explicit prior written approval of the service provider or use this information for purposes other than the experience of the booking. When incorrect data, false data and other motives apart from enjoying the booking are revealed, the service provide shall be entitled to include these data on black lists, branch websites or other media in order to avoid the placement of false or very unpleasant bookings in the future. The service provider is also entitled to share these details with the police or the department of justice for the purpose of finding these parties and taking legal action. Service provider and its contracted models will at all times treat the information provided by the client discreet and confidential and will only be used for verification of bookings, requesting Member Accounts, payments and cancellation rates. If - despite all the measures taken - details of a booking or personal details of the client is known to third parties, nor can the service provider nor the model, be liable for direct or indirect damages as a result. All contact between the client and the model shall go through the service provider. The client is not allowed to contact the model directly without prior written approval of the service provider.

Article 9. Rates and payment conditions

The rates for the services of the service provider's models can be found on the website. These rates are non-negotiable and include taxes. All services must be paid in advance. The service provider provides the client a variety of payment: Cash payment: cash payment is possible in Euro, USD or GBP. Our models do not have change with them. In case of USD or GBP the service provider uses the exchange rate for that day plus additional bank and exchange charges. Client should always inform the service provider in advance in case of payment in foreign currency. Payment: payment by credit card is possible with Visa and Mastercard at a cost of 10%. The model will verify your card details and identification upon arrival. Transactions can be made via our Moto account or via our mobile ATM. Our mobile ATM is available for bookings in Eindhoven and Amsterdam. For transactions via to our mobile ATM outside Eindhoven and Amsterdam, travel expenses will be charged and you must communicate this at least 6 hours in advance. Debit cards: payment by debit cards is possible through our mobile ATM which is available for bookings in Eindhoven and Amsterdam. Our mobile ATM is available for bookings in Eindhoven and Amsterdam. For transactions via to our mobile ATM outside Eindhoven and Amsterdam, travel expenses will be charged and you must communicate this at least 6 hours in advance. Bank Transaction: payment is preferred by bank transaction. Payments can be made to account number NL46RABO0315199369 and payments should always be done in advance. When choosing payment by bank the full or the agreed amount should be credited to the bank account of the service provider before the booking will take place. In the context of banking transactions the following terms apply: Dutch bank account: the amount must be paid at least 2 days in advance. Foreign bank accounts: the amount must be paid at least 5 days in advance. For bookings within the Benelux, the remaining amount must be paid no later than at least ten minutes after the start of the booking. For bookings outside the Benelux is that the remaining amount (including the costs incurred as referred to in Article 6 paragraph 3) must be paid no later than 24 hours before the booking.

Article 10. Liability/safeguarding/force majeure

The service provider is not responsible for direct or indirect damage as a result of the use of the website or the information made available on the website. The client safeguards the service provider, as well as the contracted model(s), against all claims of third parties who suffer damage as a result of the booking. The service provider is never responsible for direct or indirect damage as a result of the (non-) delivery of the agreed services and/or booking, if the damage-causing event is not its fault. If and insofar as this provision is found unreasonably taxing, or if the service provide is found to be responsible in a court, the liability of the service provide shall in any case be limited to the amount of the booking.

Article 11. Intellectual property rights

Unless otherwise indicated all the material on the website, including photos, logos, text and video, is protected home and abroad by intellectual property rights or used with the permission of the rightful owners. Reproduction, distribution or republication, without prior written approval of the service provider is strictly forbidden.

Article 12. Applicable law and disputes

The use of the website, bookings and all resulting commitments are governed by Dutch law. All disputes stemming from this agreement shall exclusively be head by the Court of Oost-Brabant, in Eindhoven, except for appeals and cassation.