Terms and Conditions Huisbrand B.V.
Article 1. General
1.1. Below terms and conditions are applicable on all agreements which are made between the user of these terms and conditions, henceforth be known as “Organizer”, and a (legal) person, henceforth be known as “Customer”. Deviations concerning these terms and conditions are only binding, if they have been confirmed in written by the board of Organizer.
1.2. The invalidity of one or several terms and conditions doesn’t affect the validity and application of the other terms and conditions.
1.3. If there is a conflict between sides that is not regulated in these terms and conditions, then the situation should be assessed in the spirit of these terms and conditions.
1.4. Because the Organizer offers recreational activities the law concerning consumer distance purchase does not apply to the services and products delivered by the Organizer.
Article 2. Offers
2.1. All offers, offered by the Organizer, are without engagement. No rights can be claimed to the offer if the product, on which the offer relates, is no longer available.
2.2 Organizer cannot be held to its offers, if the Customer reasonably could have known (a part of) the offer contains an obvious mistake or error.
2.3. The prices mentioned in offers are exclusive of vat and are including all the parts mentioned in the activity(s). Each offer contains a reservation fee of € 19,50 (exc. VAT). The price / sum does not include: transportation to and from the location(s), the cost of travel luggage, travel accident, health and cancellation insurance and any additional costs for extra refreshments and materials, unless otherwise agreed.
2.4 The costs mentioned under section 2.3. will be settled through an invoice after the event, we charge € 24.50 (exc. VAT) administration costs for this.
2.5. If the agreement deviates from the offer the Organizer is not bound thereto. The agreement will not be concluded in accordance with the deviating acceptance, unless Organizer indicates otherwise.
2.6. A composited quotation does not oblige the Organizer to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
Article 3. Reservation / Realization of the agreement
3.1. An agreement is realized if the Customer places a reservation order with the Organizer (in written) to prepare a program.
3.2. The day of receipt of the written order is considered the day of acceptation of the agreement.
3.3. The Customer, who accepts the agreement on behalf of or for the benefit of the group, is jointly and severally liable for all obligations on behalf of the group from this agreement.
3.4. When Customer accepts the agreement on behalf of a company, the Customer declares to be authorized to sign for this. In case the Customer was not authorized to sign the agreement for the company, the Customer will be held jointly and severally liable for all obligations deriving from the agreement.
3.5. The Organizer has the right to have certain activities executed by third parties. The relevance of art. 7:404 en 7:407 lid 2 BW will be expressly excluded.
3.6. Organizer is entitled to execute the agreement in several phases and to invoice the executed separately.
3.7. The Customer takes care of providing all information, which the Organizer indicates is necessary or which the Customer reasonably should understand is necessary to perform the agreement, timely to the Organizer. In case information is not provided timely to the Organizer, the Organizer has the right to suspend the agreement and claim the complete amount, mentioned on the invoice, from the Customer. The Organizer can’t be held responsible for any kind of damage because the information provided by the Customer was incomplete and/or incorrect.
3.8. If it’s necessary to change or complement the arrangement for a proper execution of the agreement, then sides will proceed timely and in mutual agreement to amend the agreement. If the nature, scope or content of the agreement, whether by request or appointment of the Customer, the competent authorities, etcetera, is amended and the agreement would be qualitatively and/or quantitatively amended, this may have consequences for what was originally agreed. Thereby the originally agreed amount may be increased or decreased. The Organizer will, if possible, make a quotation beforehand. If a change is made to the agreement, the original execution time can be amended. The Customer accepts the possibility of an amended agreement, this includes the change in price and execution time.
3.9. The Organizer may reject a request to change the agreement, without being in default, if this has influence on the qualitatively and / or quantitatively of the arrangement.
3.10. If Organizer and Customer have agreed a fixed fee or price, then the Organizer has the right to increase the fee or price at all times. The Customer has no right to terminate the agreement for this reason, if the increasing price is a result of competence or obligation as a result of laws and regulations, or is a result of an increased price of materials, wage, etc. or on other grounds that were not reasonably foreseeable at the acceptance of the agreement.
Article 4. Change(s) in the agreement
4.1. Changes by the Customer must take place in written and be provided with a date. The date of receipt is the date of change.
4.2. Until 7 working days before the arrangement the Customer can cancel 10% of the number of persons who signed up, this does not apply on boat events, tickets and if a fixed fee is charged for the group. After this deadline a decrease in participants by the Customer isn’t possible anymore, because of agreements with third parties and administration.
4.3. An increase in the number of participants or change in the agreed program by the Customer can be dealt with, if and as far as possible. In case of higher costs this will be invoiced to the Customer.
4.4. The Customer should consider the program costs as known with Organizer when the reservation is made, even though fewer participants appear to be present at the activity(s) than booked. Refunds are not possible in this case.
4.5. In case more participants are present at the activity(s), then known to Organizer by means of the reservation, the Organizer retains the right, if an increase in the number of participants is not possible, to cancel the activity(s) and claim the total invoice amount Organizer has on the Customer. Refunds are not possible in this case.
Article 5. Cancellation by the Customer
5.1. Organizer is authorized to suspend the fulfilment of the obligations or to dissolve the agreement, in case the Customer does not fully or timely comply with the obligations under the agreement, after the acceptance of the agreement or Organizer becomes notified of circumstances that give good reason to fear that the Customer will not fulfil his obligations, or if the Customer can no longer expect the Organizer to fulfil the agreement according to the originally agreed conditions because of delay by the Customer.
5.2. The Organizer is entitled to terminate the agreement if circumstances occur that make the execution of the agreement impossible or if unaltered maintenance of the agreement cannot reasonably be expected of the Organizer.
5.3. If the agreement is terminated, the total invoice amount of the Organizer on the Customer are immediately due and directly claimable. If the Organizer suspends the compliance, the Organizer retains the claims by law and out of the agreement.
5.4. If Organizer proceeds to suspension or termination of the agreement, he is in no way liable for damages and costs it incurred in any way.
5.5. If Customer is accountable for the terminations of the agreement, the Organizer is entitled to demand a compensation for the direct and indirect damages, including loss of profits and costs.
5.6. Cancellation(s) by the Customer are only possible in accordance with
our cancellation conditions and must be done in writing and be provided with a date. The date of receipt is the date of change.
5.7. Organizer has the right to immediately terminate the agreement if:
• Customer finds himself in in a state of suspension, debt restructuring or bankruptcy or dies.
• Customer provided incorrect information to the Organizer in relation to the agreement and the execution of the agreement.
5.8 After realization of the agreement as described in article 3.1. the Customer has to pay the following percentages of the complete invoice amount in case of cancellation:
• More than 30 days before the agreed realization date of the agreement: 25 %.
• 30 days before the agreed realization date of the agreement: 50 %.
• 14 days before the agreed realization date of the agreement: 75 %.
• 7 days before the agreed realization date of the agreement: 100 %.
Article 6. Force Majeure
6.1. A shortcoming cannot be attributed to the defaulting party by reason of force majeure, if the shortcoming is not to blame on his fault, nor by law or in the prevailing opinion comes for his account. This includes: delays, mechanical failures, weather, natural influences, strikes, disease/illness, threat of terrorism, behaviour, government measures, default by third parties, or any other force majeure.
6.2. Insofar the Organizer is (co) dependent on a third party for the execution of the agreement, shortcoming as an effect of an act or negligence of the third party cannot be attributed to the Organizer. This includes non-appearance of an artist due to illness or state of receivership or bankruptcy.
6.3. Organizer has the right to arrange substitute activity(s), if an agreement cannot be carried out, partly or as a whole, due to unforeseen circumstances. If so the Customer has no right for a discount on the agreed price or to terminate the agreement. The Organizer is mandatory to inform the Customer if this is applied.
6.4. If the execution of the agreement is permanently impossible to carry out due to force majeure on the side of the Organizer, the Customer owes the Organizer a reasonable compensation for already performed activity(s)
Article 7. Payment
7.1. Groups, when arriving for an event, need to have settled the entire amount owing to Organizer within 14 days from date of invoice, unless otherwise agreed in writing. In case the amount hasn’t been paid in time, the Organizer has the right to cancel the booked activity(s). Amounts which have already been paid will not be paid back in such a case; the cancellation conditions in article 5 of these conditions remain in full force. Any complaints regarding invoices must be announced to the Organizer within 14 days after the invoice date under penalty of forfeiture of rights.
7.2. Payment should be settled as indicated by the Organizer and in a currency that is mentioned on the invoice, unless the Organizer has indicated otherwise in writing.
7.3. The Customer who doesn’t pay in time is legally in default; Organizer doesn’t require a further proof of default for it. The Customer shall owe the statutory interest. If the order is on behalf of an company then the Customer shall owe the statutory commercial interest. The interest on the outstanding amount will be calculated from the time the Customer is in default until the time of payment of the full amount.
7.4. Organizer is entitled to have the payments, made by the Customer, deducted of the costs in the first place, then deducted from the interest and finally deducted from the principal amount and the accrued interest. Organizer can, without being in default, refuse an offer of payment, if the Customer indicates a different order for the allocation of the payment. Organizer can refuse full repayment of principal amount, If not also the accrued interest and collection costs are payed.
7.5. If the Customer is in default in the (timely) fulfilment of its obligations, then all reasonable costs incurred in obtaining payment are attributable to the Customer. This used collection costs can be found in the list under Article 7.5. The failure of the Customer who is a natural person, not acting in the exercise of a profession or business (private Customer), occurs after being given notice to pay within a period of fourteen days, commencing the day after notice. The notice shall also indicate the consequences of non-payment.
7.6. For late payment of the full sum Organizer is entitled to cancel the booked activity(s). Already paid fees will not be refundable if this happens; cancellation provisions set out in Article 5. of these conditions shall remain applicable.
Article 8. Damage by participant(s)
8.1. The participant who causes and/or (might) give such trouble or problems that he/she strongly hampers the realization of the activity(s) can be excluded from the (continuation of) activity(s) by the guide/companion of the Organizer.
8.2. All costs, and/or damage, which result from hindrance and the exclusion of the participant are at the expense of the Customer, if and as far as the consequences of hindrance and trouble can be imputed to him. Organizer reserves the right to recover the possible damage caused by the participant.
Article 9. Liability Organizer
9.1. The participation in an event organized by the Organizer is completely at own risk and for own responsibility. Customer should take care of necessary permits and /or exemptions concerning the execution of the agreement if nevertheless the Organize is liable, the liability only concerns what is determined in this article.
9.2. Organizer is not liable for damage, of any kind, caused because the Organizer is badly informed by the Customer.
9.3. The Organizer cannot be held liable for damage suffered from participants due to, but not limited to, delays, mechanical troubles, weather conditions, nature influences, strikes, illness or whatever circumstances beyond one’s control.
9.4. The liability of the Organizer is always limited to the amount paid out by its insurer, as appropriate.
9.5. The total liability of the Organizer due to attributable shortcoming in the fulfilment of the agreement or on whatever principle of justice, is limited to a compensation of the direct damage, limited to the amount paid out by its insurer.
9.6. The Organizer is not liable for indirect damage, consequential loss, loss of profits, lost savings, reduced goodwill, damage due to business interruptions, damage due to illness / loss of staff, immaterial damage, damage due to reduced earning capacity as a result of disability or physical / mental disabilities, or whatever other indirect damage.
9.7. Every claim of the Customer for a compensation for damage should be made known to the Organizer within eight days after the day, on which the Customer became known of both the damage and the liability of the Organizer or could reasonably have known. A legal claim from the Customer for compensation for damage becomes nullified after 18 months after the action, which caused the damage.
9.8. Customer is jointly and severally liable for fines that arise from actions, before, during or after the activity(s), which are in conflict with laws and regulations.
Article 10: Complaints
10.1. Despite of the effort and attention it might be possible that a Customer has a complaint. This complaint should be passed to the contact person/guide immediately so that the complaint or imperfection can be solved according to the Customer’s satisfaction as good as possible.
10.2. If it isn’t possible to solve the complaint during the activity(s), the office employees will deal with the complaint after receiving the complaint in written. The complaint has to be received in written, by the Organizer, within 5 days after delivery of the service, on penalty of loss of rights.
Article 11: Safeguard
11.1. The Customer will indemnify Organizer for any third party claims, that as a result of the event suffer damage and to which the cause cannot be attributed to the Organizer. If Organizer for that reason should be addressed by others, then the Customer will assist the Organizer both outside and in court and immediately does what can be expected of him in that case. Should the Customer fail to take adequate measures, then the Organizer, without being in default, is entitled to do so herself. All costs and damages on the part of Organizer and third parties that originate from this, are for the account and risk of the Customer. The Customer will indemnify Organizer of all claims relating to the failure to obtain the necessary licenses and/or exemptions and/or incorrect compliance with the terms and conditions and/or the applicable regulations.
11.2. Organizer doesn’t accept any liability for information, photos, brochures and other publication material which are published by third parties.
Article 12: Measurements concerning COVID-19
12.1 During the event the customer must, at all times, adhere to the guidelines, as set by the RIVM.
12.2 The organizer will inform the customer in advance about the measures, in which all health regulations are discussed.
12.3 Any fines resulting from not complying with the guidelines of article 12.1, will be for the account of the customer, unless this is due to intent or gross negligence of the organizer.
12.4 If the event cannot proceed due to COVID-19, the organizer offers the following options:
• Reschulde the event within 2 years ‘time.
• Voucher, with the worth of the booked event, to be used within 2 years ‘time.
• Cancellation of the event at a 25% cancellation fee.
12.5 If the customer wishes to cancel the event while it could have continued according to the guidelines, than the usual cancellation conditions will be applied, see article 5 of our terms and conditions
Article 13. Applicable law
13.1. Dutch law is applicable to the activity(s) of the Organizer, including those conducted outside of the Netherlands. All disputes, also the disputes which are considered as such by only one of the sides, which result from an agreement entered with Organizer, can only be tried by the authorized judge, according to the rules of the absolute competence, unless Organizer and the participant have agreed to solve it between themselves or to submit the dispute to an arbitration instance.
13.2. If one of the articles or a part of a article mentioned in these terms and conditions is destroyed or prove to be non-valid, the rest of the terms and conditions remains valid and the destroyed or non-valid article will be converted to a valid article that seems closest to the destroyed or non-valid article.