General terms and conditions – accommodation
Article 1 Applicability
1.1 These general terms and conditions apply to legal and other acts and agreements between the Organiser and the Other Party.
1.2 If any provision of the general terms and conditions proves to be void, this will not affect the validity of the other terms and conditions. In consultation, a provision that is in line with the intention of the parties will then replace the void provision.
1.3 The applicability of the general terms and conditions of the Other Party is explicitly rejected.
1.4 These general terms and conditions may be amended by a mere notification from the Organiser to the Other Party. In the absence of written protest within 30 days after this notification, the amended general terms and conditions will apply from the day of notification to all legal acts and agreements to be concluded and to all agreements in force between the parties and current agreements, insofar as they are executed after the day of notification.
1.5 The deadlines in these general terms and conditions will always be final for the Other Party.
1.6 Provisions of the general terms and conditions may only be derogated from in writing.
Article 2 The formation and content of the agreement
2.1 All offers, quotations, expense budgets, etc. of the Organiser will be subject to contract, unless the Organiser has stated otherwise in writing.
2.2 All information and/or specifications provided by the Organiser are approximate only, unless explicitly stated otherwise in writing.
2.3 The Organiser will be entitled to engage third parties for the performance of the assignment.
2.4 Unless explicitly stated otherwise, any offer from the Organiser will be subject to contract and may still be withdrawn by the Organiser.
2.5 The Organiser will have the right to refuse an application without stating any reasons.
2.6 The agreement between the Organiser and the Other Party will be concluded after the Other Party has submitted the reservation for one or more hotel rooms and the Organiser has confirmed this to the Other Party in writing.
2.7 The reservation is made on the basis of a fully completed reservation form that is submitted to the Organiser.
2.8 This reservation may only be changed with the Organiser’s approval.
2.9 The agreement will only be formed after the Organiser has confirmed the reservation in writing.
2.10 Unless explicitly agreed otherwise between the parties, the Other Party cannot derive any rights in respect of the room(s) assigned to them.
Article 3 Obligations of the Other Party
3.1 The Organiser may deny an Other Party who, in the sole opinion of the Organiser, acts in violation of the agreement (including but not limited to the accommodation’s safety regulations, instructions and house rules) the use of the accommodation with immediate effect.
3.2 The Other Party will be responsible for the actions/omissions of any third parties engaged and/or invited by them.
3.3 The Other Party will be obliged to take out travel and/or cancellation insurance.
3.4 Persons for whom the Other Party has not made any reservations may be removed from the accommodation on the Organiser’s instructions. In the event that the Other Party fails to immediately comply with the above notice, the Organiser will be entitled to remove these persons or have them removed at the Other Party’s expense and risk, without the Other Party being entitled to claim compensation.
3.5 Persons who – in the sole opinion of the Organiser – misbehave in the accommodation (or corresponding spaces) may be denied access by or on behalf of the Organiser with immediate effect.
Article 4 Other Obligations
4.1 Without the written permission from the Organiser, the transfer of all or part of the agreement (or the making available of the rented accommodation) by the Other Party to a third party will not be permitted.
4.2 If the accommodation is not or not fully used, this will be at the Other Party’s expense and risk, and this will not release the Other Party from their payment obligation.
4.3 If the Other Party acts in violation of the agreement, the Organiser will be entitled to terminate the agreement without any judicial intervention being required, in which case the Organiser will retain the right to full payment.
4.4 If the rented accommodation is left unused or is vacated, the Organiser will have the right to make the accommodation available to others.
Article 5 Cancellation of the event
5.1 If an event is cancelled either wholly or partially, the Other Party will not be entitled to compensation, regardless of the cause for the cancellation of the event, unless this is solely attributable to the Organiser due to an intentional act or gross negligence on the part of the Organiser.
5.2 If the full or partial cancellation of the event is communicated in writing within 27 days prior to the first check-in date of the hotel accommodation, the Other Party must make a claim under the travel and/or cancellation insurance taken out by them in advance with respect to any accommodation and usage expenses already paid. In the event of written communication more than 27 days prior to the first check-in date, the payment made will be refunded to the Other Party in accordance with the cancellation provisions of Article 7. The Other Party must make a claim under the travel and/or cancellation insurance with respect to the part of any accommodation and usage expenses paid that is refunded.
5.3 If the Other Party or persons for whom reservations have been made by a third party (including national and international federations, the government or other bodies) are excluded from participation in the event, the Organiser will not refund any accommodation and usage expenses already paid, other than in accordance with the cancellation provisions specified in Article 7.
Article 6 Price, payment
6.1 All (agreed) amounts are exclusive of VAT and any other government levies, unless agreed otherwise in writing.
6.2 The Other Party will be obliged to provide security for the obligations under the agreement at any time on the Organiser’s demand.
6.3 Payment terms of the invoices are 14 days after the invoice date. Payment terms are 8 days if the Organiser has accepted the reservation within one month before the start of an event. The full payment must always be received before the first day of the overnight stay at the latest. The Other Party will be in default by operation of law if payment has not been made within the stated periods. After that, it will owe a contractual interest rate of 1% a month (or part of a month).
6.4 Payment must be made in the manner to be specified by the Organiser.
6.5 The Organiser will not be in default as long as the Other Party has not (completely) fulfilled their obligations.
Article 7 Cancellation provisions for booked accommodation
7.1 After the agreement for the reservation of the accommodation has been formed, it will only be possible to cancel the agreement in writing, and the following cancellation provisions will apply.
Cancellation until January 30th, 2022: 0% owed
Cancellation between January 31st, 2022 and March 13th, 2022: 50% owed
Cancellation after March 14th, 2022: 100% owed
7.2 If, at the time of cancellation, the Organiser’s loss exceeds the cancellation fee included in Article 7.1 of these general terms and conditions, the Other Party must compensate the Organiser for this amount in excess.
7.3 The Organiser will be entitled to charge to the Other Party all costs, including full extrajudicial costs subject to a minimum of €250.00 excluding VAT and legal costs.
Article 8 The Organiser’s liability
8.1 The Organiser will only be liable for damage or loss (i) if this damage or loss is covered by the liability or other insurance, and in that case up to the amount paid out by the insurance, if the insurance company pays out, plus the excess or (ii) in case of an intentional act or gross negligence. If the insurance company does not pay out, the Organiser will be liable at most for the damage or loss up to the amount of the booked accommodation.
8.2 If the Organiser is liable, this liability will be limited to direct damage or loss and it will in no event include indirect damage or loss and/or consequential damage or loss.
8.3 Notice of the exercise of all rights of action and other authorities, of any nature whatsoever, which the Other Party has vis-à-vis the Organiser, must have been received by the Organiser in writing within 12 months after the time that the Other Party became or could reasonably have been aware of them, in the absence of which they will lapse.
8.4 All guests of the Other Party will be present at their own expense and risk. Neither the Organiser nor the owner of/party entitled to the accommodation will be liable for any damage to property or for accidents of the Other Party or guests, unless the damage has been caused as a result of an intentional act or gross negligence on the part of the Organiser.
8.5 The Other Party indemnifies the Organiser against third-party claims (including but not limited to participants and visitors), who suffer damage or loss in connection with the performance of the agreement.
Article 9 Applicable law and competent court
9.1 Dutch law applies exclusively to all legal relationships between the Organiser and the Other Party.
9.2 The Court of Oost-Brabant has exclusive jurisdiction to hear disputes between the parties, to the extent that mandatory statutory provisions do not oppose this.