TERMS AND CONDITIONS
Terms and Conditions for Clients and Contractors of The Hospitality Group B.V.
Client: The person or party, who has commissioned the Contractor to advise on, organise or perform an event or service.
Contractor: The Hospitality Group B.V. who has committed to the Client to advise, organise, or perform an event or service, or who is willing to commit to the offer stage.
Agreement: An agreement between Client and Contractor to advise on, organise, or perform an event or service.
Artist: Every artist (in the broadest sense), speaker or musician, alone or in a group, who has committed to the performance of an actor.
Production Date: The (first) day on which the event or service will be organised under an agreement by the Contractor.
Location / Time: The agreed date and time of execution of a (part of an) event.
Purchase Order: The all-in price for the relevant part of an event to be organised or executed by the Contractor to which this term relates, including taxes (excluding sales tax), premium tax, if applicable.
2. Applicability of conditions
2.1 These Terms and Conditions form part of all offers and agreements with Contractor when referring to these terms and conditions.
2.2 Exceptions and any terms and conditions of the Client apply only if and in so far as these have been explicitly accepted by the Contractor in writing.
3.1 Contractor offers are an invitation to a potential Client to come to an agreement as described in the tender.
3.2 Contractor offers have a validity of 14 days. This is served by the Contractor signed and returned.
3.3 All prices mentioned in terms of decor are rent prices and the decor remains the ownership of the Contractor, unless otherwise stated.
3.4 If a tender is requested by the Client, the cost of preparing the agreement (photos, designs, drawings, drawings etc. as well as the labor wage) is discussed and confirmed with the Client.
4. Implementation of an agreement
4.1 Contractor will be able to perform any agreement to the best of its ability, and is entitled to enable a third party agreement.
4.2 If during the execution of an agreement, changes to the original plan are necessary, the Contractor is entitled to make these changes / modifications only with prior consultation and consent of the Client. In so far as these changes result in additional work, this will be done on behalf of the Client and this additional work will be invoiced separately to the Client.
4.3 When increasing the number of guests before the production date, as well as on the
Production date shows that the number of guests is more than agreed in writing, this will be considered as an additional 10% of the agreed amount, except for additional costs for production and execution. Should this amount be overwritten, this will be considered as additional work, and costs of such work will be communicated. This additional work will be invoiced to the Client separately. In this case, the number of guests who visited the event is valid as the Bidder’s calculation is made binding.
4.4 A reduction in the number of guests is allowed, provided that this is not more than 10% of the original agreed number, and provided this is communicated no less than 14 days before the start of the production date. After this date, a reduction in the number of guests will not lead to a reduction in the purchase price.
4.5 Dietary wishes can be forwarded by the Client no later than one week before the date of production.
5. Responsibilities of the Client
5.1 The Client must itself ensure the consent of third parties, permits and payment of legal expenses required for performance of an agreement, unless otherwise stated.
5.2 The Client is responsible for the actions and omissions of the visitors of an event organised or contracted by Contractor.
5.3 Electricity, gas, water, lighting and sewage systems must be handled by the Client himself, unless stated otherwise.
5.4 Unless otherwise agreed, the Client shall ensure adequate costs at his own expense
to ensure the safety of artists and visitors of a event by Contractor. If agreements have already been made regarding the above-mentioned measures, the Contractor is nevertheless entitled to make additional requirements when circumstances change to this end.
5.5 If the Client does not take sufficient measures to ensure a safe execution of an event, the Contractor is entitled to payment of the event in whole or in part without the Client being able to claim compensation or discount at the Contractor’s agreed price.
5.6. Client is obligated to return any goods and materials which are being used and processed during the event in the same state to the Contractor after completion of the event.
6. Suspension / Cancellation
6.1 The Contractor is entitled to suspend the execution of an agreement as soon as he
has reasonable grounds to believe that the Client will not be able to fully comply with his obligations under these or other agreements.
6.2 Cancellation by Client must be done in writing. At the oral cancellation, the Client can not derive rights. One can only speak of cancellation, when signed by the Contractor. In case of delay or cancellation by the Client, it is held that the Contractor will pay a fee based on the following percentage:
- In case of cancellation more than 3 months prior to execution, the Client is obliged to pay 15% of the total Purchase order.
- In case of cancellation more than 2 months prior to execution, the Client is obliged to pay 35% of the total Purchase order.
- In case of cancellation more than 1 month before execution, the Client is obliged to pay 50% of the total Purchase order.
- In case of cancellation more than 14 days before execution, the Client is obliged to pay 75% of the total Purchase order.
- In case of cancellation less than 14 days before execution / intended time, the principal is required to pay 100% of the total Purchase order..
In addition it is within the Contractor’s right to claim the actual damage suffered if it exceeds the stated amount. If the Client expires the event, this will be considered as a cancellation unless a new production date is determined by mutual agreement with the Client and Contractor.
7. Invoices and payment
7.1 Client is obligated to pay a first term, with a maximum of 80% of the total Purchase order, after confirmation of the assignment. The final invoice, being the second term, amounting to 20% of the total purchase price, with any additional work as surplus, is sent by the Contractor immediately after the event, which must be met by the Client within 14 days of the invoice date.
7.3 If the Client is in default with regards to the the advance and/or the final invoice, this will be seen as a cancellation of the agreement and all terms as set out in Article 6 apply.
7.4 Delays in execution of an agreement caused by late payment of the Client are always at the risk of the Client.
7.5 Client will not suspend payment without the written consent of the Contractor, nor is he allowed to credit this payment with any amount owed from the Contractor.
7.7 Each payment of the Client is primarily due to the deduction of costs, then deducted from the interest rate, and finally deducted from the Purchase amount due.
7.8 If the cost price of the Contractor is increased due to interest rate changes of sales tax, social security contributions, payroll tax or other government fees, or as a result of third party price changes, Contractor is entitled to charge these changes to the Client. In case of taxation of foreign currency the daily rate is applicable on the invoice date of the Contractor.
7.9 If the Client is in default of payment of any amount, he is liable for an additional credit interest rate for the amount due. This interest rate is equal to the legal interest rate, plus two percentage points, with a minimum of 6% per annum.
8. Deficiencies of Client
8.1 If the Client is attributable to the fulfilment of one of his obligations under an agreement, he shall, on account of the delay resulting therefrom, incur a direct due fine equal to twice the price for the execution of that agreement, without prejudice to the Contractor’s right to Instead of requiring full compensation.
8.2 All judicial and extrajudicial costs incurred by the Contractor under a
Compensation due to Client will be reimbursed by the Client to the Contractor as a loss due to this shortcoming. The extrajudicial costs are deemed to be at least 15% of the amount to be claimed by the Contractor of the principal.
9.1 The Contractor is only liable for direct damage to the Client arising directly from non-timely or inadequate compliance with the agreement and only in the case of intentional or gross negligence on the part of the Contractor. For consequential damages, such as profit loss, the Contractor is never liable.
9.2 The Client explicitly indemnifies the Contractor for third party claims.
9.3 In any event, the Contractor’s liability is limited to a maximum of the Contractor’s agreed or reasonably foreseeable purchase price for the full performance of the event.
9.4 Any claim from the Client for compensation for damage shall be disclosed to the Contractor within eight days after the day on which the Client became aware of the damage or could reasonably have been aware to him. A claim by the Client for damages will in any case expire in the course of eighteen months after the event causing the damage.
9.5 The Client is liable for all damages, as specified in Art. 5.6, for the goods and materials mentioned above, which are not the result of normal wear-and-tear, from the time the Contractor has completed the work until the time the Contractor has completed breakdown.
9.6 Any changes or damages, including the cost of recovery, must be reimbursed by the Client to the Contractor.
9.7 Without prejudice to the foregoing, the Client is jointly and severally liable for damage caused by the behaviour of his guests.
10. Force majeure
10.1 A deficiency may not be attributed to the defaulting party due to force majeure if it is not due to its fault, nor by law, legal act or generally accepted views. ‘Acts of God’ also fall under this force majeure, the consequences of which the Contractor can not be held liable.
10.2 In so far as the Contractor is (partly) responsible for the performance of a contract from third parties or third parties involved, defects resulting from any act or omission of these third parties can not be attributed to the Contractor. Under such acts or omissions should be also be considered the appearance of a supplier or artist.
10.3 The Contractor has the right to ensure proper replacement if an agreement as a result of unforeseen circumstances can not be executed in whole or in part as agreed, without giving rise to a right to discount on the agreed price or dissolution of the agreement . The Contractor is obliged to notify the Client of such circumstances as soon as he is aware of it.
10.4 If the execution of an agreement is permanently impossible due to force majeure on the part of the Contractor, the Client is liable to the Contractor for a reasonable amount of compensation for the Contractor with regards to the already performed services.
10.5 If production can not be passed due to bad weather or because of ‘Acts of God’, this does not release the Client from his payment obligations. In such a situation, the Contractor will make it possible to adjust and / or move the production to an alternative date.
11. Intellectual Property Rights
11.1 The Client will refrain from submitting or using any ideas or proposals from the Contractor in connection with an event outside the Contractor knowledge, agreement and involvement.
11.2 The copyrights of all designs, audio and video recordings and conceptual design of the Contractor are and will remain in their sole ownership.
11.3 Without the written consent of the Contractor, no sound and image recordings of the event, or an artist performing in the event of an event, will be produced.
11.4 Without the written consent of the Contractor, no sound carriers, posters, photographs or other items, using the name or image of an artist performing in the event of an event, will be sold before or during or after the performance.
11.5 The Client assumes that his guests will comply with the provisions of this article as if they were bound by it as is the Client.
12.1 All agreements between the Contractor and the Client shall be governed by Dutch law, unless parties have agreed otherwise in writing.
12.2 Unless provisions of compulsory law are contrary to it, a Dutch court of law will have jurisdiction over disputes arising from contracts concluded between the Contractor and the Client.