Can a sole proprietorship in the cultural sector expel a member without clear justification?


Questioner

The question: may a sole proprietorship in the cultural sector (think of a dance school) immediately expel a paying member without clear justification. Think of a justification along the lines of: we do not like your institution.

Lawyer

The answer depends on the Terms and Conditions or any membership terms that apply between the sole proprietorship (in this case the dance school) and the member. If these terms contain a clause that the member can be expelled for specific reasons or for violating certain rules, then the company can do so. However, it is usually necessary to adequately substantiate this decision to support it, for example by making clear which rule has been violated. Furthermore, general Dutch contract law leaves room for the argument that a dismissal must be 'reasonable and fair'. If the sole proprietorship dismisses a member without clear reason and the consequences are very disadvantageous to the member, it may be argued that the dismissal is contrary to the principle of reasonableness and fairness. Consultation with a legal advisor or attorney is advisable to review the specific situation and documents. They can advise on the legal position, and possible steps to respond to the disbarment. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.