Rental Conditions
Article 1. General
- These general terms and conditions apply to all offers made by the Field Study Centre and the Field Study Foundation, hereinafter referred to as the Field Study Centre, and to all agreements entered into for the rental and rental of accommodations, the provision of services and/or work and all legal relationships between the Veld Study Centre and its counterparties. applicable. Deviations therefrom must be expressly agreed in writing.
- These terms and conditions also apply to what is performed and/or delivered by the Field Study Centre during the execution of the agreement, in addition to what has been previously agreed.
- When entering into an agreement, the other party indicates that it agrees with these General Terms and Conditions. The most recent version of these General Terms and Conditions is deemed to apply to all subsequent agreements between the same parties.
- Conditions of the other party and those of third parties are excluded, unless expressly indicated otherwise in writing by the Field Study Centre.
Article 2. Offers and options
- The Field Study Centre can grant the Other Party an option on the facilities of the Field Study Centre without any obligation. The Field Study Centre will then make an offer/quote stating the period of validity of this option. The maximum period of validity is 14 days, unless expressly agreed otherwise in writing. If the other party does not inform the Field Study Centre within the expiry of the validity period that it wishes to use the facilities of the Field Study Centre, then the offer in accordance with the offer/quotation of the Field Study Centre will lapse.
- Offers are always without obligation. Images, descriptions, statements and other information in offers, prospectuses, etc. of the Field Study Centre serve only as a rough indication of the space(s) to be rented out by the Field Study Centre, services to be performed and work and/or items to be delivered, and are never intended for details. binding.
- In the event of a composite quotation, the Field Study Centre is not obliged to perform part of the agreed upon at a corresponding part of the price quoted for the whole.
- If the price is made dependent on the number of participants and this number has been provisionally specified in the order, orders for the provision of meetings, room rental, etc. will only be accepted on the condition that at least 5 working days before taking place of the meeting / rental, the correct number of participants has been communicated to the Field Study Centre by the other party. The Field Study Centre is entitled to request written notification of this.
Article 3. Reservation and agreement
- Reservations are made by telephone, in writing € “including e-mail or other electronic means € “or at the offices of the Field Study Centre.
- A reservation by the other party counts as an application for an agreement.
- The Field Study Centre can at all times for whatever reason refuse to conclude an agreement.
- The agreement will only take effect after written confirmation of the reservation by the other party within the applicable term, being the term stated in the offer or quotation as described in Article 2, paragraph 1 of these General Terms and Conditions.
Article 4. Prices
- Prices quoted by the Field Study Centre are provisional and exclusive of any compensation for gas, electricity, etc., unless otherwise agreed in the agreement. The final price or prices are determined at the time of the performance(s) to be performed.
- Prices for renting out accommodation and providing (complete or incomplete) catering are calculated on the basis of the number of persons specified by the other party. The payment conditions laid down in Article 5 apply to this. If no reservations have been made with the order for the number of participants, additional consumption will be charged to the other party afterwards on a subsequent calculation basis. If the other party does not comply with the obligation to state the number of participants (Article 2, paragraph 4), the Field Study Centre is entitled to calculate the price based on the provisionally stated number of participants.
- The Field Study Centre reserves the right to charge the other party for additional work or services, facilities or accommodations that are not included in the agreement.
Article 5. Payment conditions
- All amounts stated in quotations, offers, agreements and/or invoices are in principle exclusive of VAT, unless stated otherwise.
- The other party owes the price specified in the agreement or, insofar as the agreement was concluded more than three months before the time at which the services to be provided as a result of that agreement must be provided, the prices that apply at the time that the service(s) must(s) be provided. Changes in the VAT rate will at all times be passed on to the other party.
- The Field Study Centre reserves the right to demand a down payment, interim payment or deposit from the other party. In principle, the other party pays in advance, no later than two weeks before the agreed services are provided. The deposit is in principle equal to half of the agreed fee for the services to be provided.
- Payment must be made, unless otherwise agreed, within thirty days of the invoice date, without any right to discount, debt collection or suspension.
- If and insofar as timely payment is not made, the other party is in default without notice of default being required.
- Dissolution or annulment of an agreement or cancellation does not suspend the payment obligation for the other party.
- Ongoing complaint handling, imminent cancellation, application for or allocated complaint do not suspend the payment obligation for the other party.
- The other party is not allowed to settle amounts when making payments.
- If the other party is in default, it must reimburse the Field Study Centre for all costs incurred in the collection, both judicial and extrajudicial. The extrajudicial collection costs are set at a minimum of 15% of the principal sum owed with a minimum of € 75.00, all to be increased by the VAT due.
- If payment of an invoice sent has not been made within thirty days of the invoice date, the Field Study Centre is entitled to charge the other party a compensation for loss of interest in the amount of the statutory interest plus 2% – calculated from the invoice date € “on the total amount of the invoice.
- Regardless of any note or comment made by the other party with that payment, each payment will be deemed to be used to reduce the amount owed by the other party to the Field Study Centre in the following order:
- The costs of the execution;
- The judicial and extrajudicial collection costs;
- The damage;
- The principal.
Article 6. Use of the rented property
- It is assumed that the leased property and any equipment hired thereby has been accepted by the other party in a good state of repair, is without visible defects and functions properly, unless the other party notifies the Field Study Centre within one hour after the start of the lease. of defects found by him.
- The other party is obliged to use the leased property only for the purpose for which the agreement was entered into with the Field Study Centre and which purpose was communicated to the Field Study Centre in doing so.
- The other party guarantees vis-à-vis the Field Study Centre for all persons who, at the invitation of the other party or otherwise because of any relationship with the other party, are in or in the vicinity of the (part of) immovable property leased by the Field Study Centre to the other party. It is liable towards the Field Study Centre for all damage caused by these persons, for whatever reason and howsoever arising, without prejudice to the claims that the Field Study Centre has against those persons.
- The other party must adhere to the house rules and disciplinary measures of the Field Study Centre. The other party must follow the instructions of the owner and/or staff of the Field Study Centre.
- The other party is obliged to comply with the instructions given by the Fire Brigade Commander and/or the lessor/manager in connection with (fire) safety in the rented property.
- Smoking is not permitted in the buildings of the Field Study Centre.
- The other party may only use its own equipment and/or equipment hired by it in the leased property if written permission has been granted by the lessor/manager. The equipment referred to may never be connected to the equipment of the lessor/manager, with the exception of connections to the mains, unless written permission has been granted by the lessor/manager and the connection is provided by an employee of the lessor/manager. An exception applies to the use of your own laptop for, among other things, giving presentations.
- The use of the rented property will be in accordance with the Field Study Centre policy regarding accommodation rental. The use of the leased property will therefore pose no (imminent) risks for the Field Study Centre for, among other things, public order, safety, the name, reputation and image of the Field Study Centre.
- Advertising, the application of inscriptions, notices and the like and/or decorations in or on the building or on the grounds of the Field Study Centre is not permitted without permission from the Field Study Centre and/or the lessor/manager.
- The other party is obliged to explicitly state in his or on behalf of him advertisements and announcements, by whatever name, about his event/meeting to be organized in the rented property that he is the organizer. In doing so, the other party is not permitted to state or cause to be mentioned or to create the impression that the Field Study Centre is (co-)organiser, on pain of forfeiture of an immediately due and payable fine of twice the agreed rental price owed by the Other Party to the Field Study Centre without judicial intervention. In addition, in the event of violation of the above, the other party is obliged to compensate the Field Study Centre for the (consequential) damage that the Field Study Centre suffers as a result. It is only possible to deviate from the above with written permission and under conditions to be set by the Field Study Centre.
- The landlord/manager is also responsible for the preparation of the accommodation.
- The lessor/manager and anyone employed or commissioned by the lessor/manager have access at all times to all spaces and facilities that are rented out/managed by the lessor/manager.
- The Field Study Centre is obliged to ensure that the other party can use the facilities and accommodations stated in the agreement during the period or periods stated in the agreement. Use of the facilities or accommodations outside the agreed periods can be charged by the Field Study Centre to the other party.
- The aforementioned obligation for the Field Study Centre does not apply in the event of force majeure as referred to in Article 11 of these general terms and conditions and/or in the event of cancellation or dissolution of the agreement.
- After use, but within the agreed rental period, the accommodation must be delivered by the other party in the condition in which it was before use.
- The Field Study Centre reserves the right to charge to the other party any necessary cleaning costs, costs for repair work, as well as damage to facilities and accommodations, caused by the other party or persons admitted by it.
- The Field Study Centre may require the other party to take out liability insurance for any damage to the rented property, the Field Study Centre and/or the inventory before the meeting to be organized by it in the rented property.
- The other party is fully liable for the payment of copyright and neighbouring rights fees, including the payments owed to copyright organizations such as BUMA, SENA, STEMRA, etc. with regard to the activity organized by the other party. The other party indemnifies the Field Study Centre against any claim by third parties in or outside rights under copyright and/or neighbouring rights.
Article 7. Changes and transfers
- Request for change or transfer by the other party must be submitted in writing and accompanied by all documents relating to the agreement.
- Changes to an agreement or transfer are only possible if circumstances permit
- The Field Study Centre reserves the right to charge the other party for costs arising from changes or transfers carried out at the request of the other party.
- The Field Study Centre is entitled to make available a space and/or facility other than the leased property, unless this must be regarded as clearly unfair and apparently objectionable to the other party. In the latter case, the other party has the right to terminate the agreement to which the stated wish of the Field Study Centre relates with immediate effect, without prejudice to its obligations under other agreements. If the Field Study Centre saves expenses by making available a space and/or facility other than the rented property on the basis of the foregoing, the other party is entitled to the amount of that saving. For the rest, the Field Study Centre will never be obliged to pay any compensation.
Article 8. Cancellation
- The other party is not authorized to cancel an agreement, unless at the same time it irrevocably offers to pay the amounts specified below. Any cancellation will be deemed to include such an offer. Such an offer is deemed to have been accepted if the Field Study Centre does not immediately reject the offer.
- Cancellation by the other party must be submitted in writing, stating the date and accompanied by all documents relating to the agreement. The other party cannot derive any rights from a verbal cancellation.
- In the event of cancellation of an agreement, these Terms and Conditions remain in full force and effect.
- In the event of cancellation after the start of the cancellation period, or in the event of a No-show, the costs stated in the agreement(s) and the turnover forecast, as well as costs for personnel, equipment and other consequential costs, hereinafter referred to as the reservation value, will be charged in whole or in part to the other party.
- If not all agreed areas and/or facilities and/or services are cancelled, the following provisions apply pro rata to the cancelled areas and/or facilities and/or services.
- Amounts that the Field Study Centre has already owed to third parties at the time of cancellation with a view to the cancelled agreement must at all times be fully reimbursed to the Field Study Centre by the Customer, provided that the Field Study Centre has not acted unreasonably by fulfilling the obligations in question. to start. The amounts concerned are deducted from the reserve value referred to in the following provisions.
- If no cancellation terms are included in the agreement, the following terms and fees apply:
- In the event of cancellation more than 5 months before the time at which the first service must be provided pursuant to the agreement, hereinafter referred to as: the commencement date, the other party is obliged to pay 35% of the reservation value to the Field Study Centre.
- In the event of cancellation between 3 and 5 months before the commencement date, the other party is obliged to pay 60% of the reservation value to the Field Study Centre.
- In the event of cancellation between 1 to 3 months before the commencement date, the other party is obliged to pay 85% of the reservation value to the Field Study Centre.
- In the event of cancellation 7 days or less before the commencement date, the other party is obliged to pay 100% of the reservation value to the Field Study Centre.
Article 9. Cancellations by the Field Study Centre
- The Field Study Centre is entitled to cancel the agreement due to force majeure. Force majeure shall be any foreseen or unforeseen, foreseeable or unforeseeable circumstance that makes the execution of the agreement by the Field Study Centre so difficult that execution becomes reasonably impossible or difficult. Such circumstances also include such circumstances at persons and/or services and/or institutions that the Field Study Centre wishes to make use of in the performance of the agreement, as well as everything that applies to the aforementioned as force majeure or as a suspensive or resolutive condition. If possible, the Field Study Centre will offer the other party (a) replacement room under the same conditions for the agreed period or the agreed room(s) for a different period.
- In the case referred to in paragraph 1, the other party has the right to refuse the alternative offered by the Field Study Centre. A refusal must be made known to the Field Study Centre in writing and no later than 1 week after the offer, failing which the offer is accepted.
- The Field Study Centre reserves the right to cancel this agreement at any time in the event of (imminent) violation of its house rules or (imminent) violation of its accommodation rental policy. In this case it owes no costs to the other party and is also not liable for compensation.
Article 10. Liability
- The Field Study Centre accepts no liability for damage of the other party or of persons who, at the invitation of the other party or otherwise because of any relationship with the other party, are located in or in the vicinity of the (parts of) immovable property rented by the Field Study Centre to the other party, as a result of theft, loss or damage to property, unless this damage is the direct result of intent or gross negligence on the part of the Field Study Centre or persons it uses.
- The other party undertakes towards the Field Study Centre to behave properly and to handle all items that have been rented out or otherwise made available to it by the Field Study Centre and that these are returned in the same condition in which it received them after the agreement has ended. made available to the Field Study Centre again, except for consumables.
- The other party is liable for all damage to these items that occurred during the execution of the agreement or at any other time when these items were available to the other party.
- The other party is fully liable for the safety and health of its participants and/or guests. The other party undertakes vis-à-vis the Field Study Centre to comply with the regulations regarding working conditions legislation. This means, among other things, that in the event of a calamity, followed by an evacuation alarm, the other party must comply with the guidelines and instructions of the in-house emergency services of the Field Study Centre.
Article 11. Force majeure
- Force majeure for the Field Study Centre, which means that any shortcoming caused as a result cannot be attributed to the Field Study Centre, shall be any foreseen or unforeseen, foreseeable or unforeseeable circumstance that makes the execution of the agreement by the Field Study Centre so difficult that the execution of the agreement becomes impossible or difficult.
- Such circumstances also include such circumstances at persons and/or services and/or institutions that the Field Study Centre wishes to make use of in the performance of the agreement, as well as everything that applies to the aforementioned as force majeure or suspensive or resolutive condition, as well as default of the aforementioned.
- If one of the parties to an agreement is unable to fulfil any obligation under the agreement, it is obliged to inform the other party of this as soon as possible.
Article 12. Disputes
All agreements between the Field Study Centre and the other party, all offers from the Field Study Centre and all disputes that may arise between the parties are exclusively subject to Dutch law and will be submitted exclusively to the competent judicial authority in Arnhem. Disputes are deemed to exist the moment one of the parties notifies the other party in writing.