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general term and conditions for providers of accommodations

Article 1: Definitions

In these general terms and conditions the following words shall have the following meanings:

1. the provider of accommodation: the party that lets congress or conference accommodation and/or provides additional services governed by a contract.
2. the hirer: the party that hires congress or conference accommodation and/or makes use of additional services governed by a contract.
3. the rent: all sums the hirer owes the provider of accommodation for the hire of the congress or conference accommodation.
4. the reservation value (the value of the contract): the total expected turnover of the provider of accommodation, comprised of the rent for the accommodation and the costs of the additional services, inclusive of products and/or services to be supplied by third parties.
5. one/several-day meeting: meeting that lasts for one or several days respectively.

Article 2: Scope

1. These general terms and conditions are applicable to all contracts concluded between the provider of accommodation and the hirer in connection with the rent of congress and/or conference accommodation and the provision of additional service. In the event of contradictions between these general terms and conditions and any other conditions that may also be applicable preference shall be given to these general terms and conditions.
2. If, in addition, other terms and conditions are applicable, in the case of discrepancies these general terms and conditions shall prevail. Article 3: The conclusion of the contract

Article 3

1. The provider of accommodation is entitled to request a fee for preparing a quotation for the prospective hirer. All quotations submitted by the provider of accommodation are without obligation with respect to the period for acceptance, unless such a period is stated in the quotation.
2. The contract between the provider of accommodation and the hirer may be concluded in parts. The (sub-) contract is concluded once the provider of accommodation has confirmed the content of the agreements in writing and has sent this to the hirer. In the event that the additional services are detailed in an appendix then the appendix is deemed to constitute part of the contract -and should the information in the appendix be concluded later, with immediate effect.
3. A distinction is made between an option and a contract
   • An option:
     • The provider of accommodation grants the hirer the possibility to withdraw the reservation of the congress or conference accommodation during a period to be specified by the provider of accommodation, and without costs being incurred by the hirer. The provider of accommodation may reduce the remaining option period to a period of 24 hours by means of due notification to the hirer. The provider of accommodation is always entitled to terminate the option, concurrent with the offer of comparable accommodation.
   • A contract::
     • The rights and obligations of the parties as described in Article 3.2 are laid down in a contract.
4. Amounts stated in the documents compiled by the provider of accommodation are exclusive of VAT, unless otherwise indicated.

Article 4: Quotations and contracts

Quotations and contracts shall contain at least the following:

• the name of the hirer;
• a description of the congress or conference accommodation to be let;
• a description of the additional services;
• the dates of the commencement and termination of the period of the hire of the congress or conference accommodation, as well as the period within which use will be made of the additional services;
• the rent for the use of the congress or conference accommodation and the costs of the;
• additional services;
• the applicability of these general terms and conditions;
• any special conditions, including the obligation to take out non-life insurance.

Article 5: Amendments and additions

Amendments or additions to the contract, including the applicable general terms and conditions, are only effective when they have been laid down in writing between the provider of accommodation and the hirer.

Article 6: Payment

1. Payment of the invoices for the rent of the accommodation and the additional services, where relevant, should take place within the agreed period(s), but in any case within thirty days of the date of the invoice.
2. The provider of accommodation may require an advance payment of the rent. Payments shall be made as follows:
   • The hirer shall be required to pay 10% of the rent on the conclusion of the contract.
   • The hirer shall be required to have paid 50% of the rent by no later than three months before the commencement of the meeting.
   • The hirer shall be required to have paid 100% of the rent and 50% of the additional costs by no later then three weeks before the commencement of the meeting.
3. In lieu of the provisions in the second paragraph the provider of accommodation may choose to require an advance payment to a maximum of the amount of the reservation value.
4. The hirer is in default as soon as the period indicated in the first paragraph is exceeded, after which period the hirer shall also owe interest at a rate of 1% per month or part of the month on the complete amount stated in the invoice. The hirer shall also pay all extrajudicial costs incurred in the collection of the overdue payments. These costs are calculated in accordance with the collection charges as shown below:
   • on the first Euro 3.500 15%
   • on the excess to Euro 7.000 10%
   • on the excess to Euro 14.000 8%
   • on the excess to Euro 66.000 5%
   • on the excess above Euro 66.000 3%
   Moreover the hirer shall pay all the costs of the proceedings, as well as the associated costs of legal assistance.
5. Payments made by the hirer shall first be used to contribute towards all costs owed by the hirer, then the interest owed, and finally for the payment of the due invoices that have been outstanding for the longest period of time, even when the hirer indicates that the payment is with respect to a later invoice.
6. Without prejudice to the provisions referred to in the previous paragraph the provider of accommodation is entitled to claim full compensation from the hirer in the event that the hirer should not fulfil all his obligations under the contract.

Article 7: Cancellation

1. The client shall give notification of full or partial cancellation of the contract by means of registered letter. The cancellation charges will be determined on the basis of the date on which the provider of accommodation receives the registered letter.
2. Without prejudice to the provisions referred to in paragraph 4 of this Article the following costs will be applicable to the cancellation charges for one-day meetings with respect to that part of the reservation value not covered by the provisions of Article 7.4:
   • until six months prior to the commencement of the rental period the hirer can cancel the contract without cost -with the exception of the administrative costs stated in paragraph 5;
   • on cancellation between six and three months prior to the commencement of the rental period the hirer shall be obliged to pay 30% of the reservation value;
   • on cancellation between three and two months prior to the commencement of the rental period the hirer shall be obliged to pay 60% of the reservation value.
   • on cancellation between one and two months prior to the commencement of the rental period the hirer shall be obliged to pay 85% of the reservation value;
   • on cancellation at a later date the hirer shall be obliged to pay the entire reservation value.
3. Without prejudice to the provisions referred to in paragraph 4 of this Article the entire reservation value will be due on the cancellation of several-day meetings with respect to that part of the reservation value not covered by the provisions of Article 7.4.
4. In the event that the provider of accommodation has involved personnel, services or goods from third parties or has temporarily engaged personnel for the execution of the contract, then on the partial or full cancellation of the contract the hirer shall also be obliged to pay – in addition to the amount due in accordance with Article 7.2 and 7.3 – the cancellation costs or compensation or other amounts (such as salaries) that the provider of accommodation owes to those third parties.
5. Should the hirer cancel the contract then in addition to the amounts due in accordance with the provisions in paragraphs 2, 3 and 4 the hirer shall also owe the provider of accommodation an amount to cover administrative costs. These administrative costs amount to 5% of the reservation value resulting from the contract between both parties.

Article 8:

1. Should the hirer fail to fulfil any obligation with respect to payment of the provider of accommodation, or should the provider of accommodation reasonably expect that the hirer shall fail to fulfil any payment obligation with respect to the provider of accommodation, then the provider of accommodation has the right to:
   • demand security from the hirer with respect to payment;
   • suspend the obligations arising from the contract with the hirer – both those pertaining to the failure to fulfil the obligations to pay, as well as all other contracts between the provider of accommodation and the hirer – without prejudice to the right to simultaneously demand security for the payments;
   • dissolve the contract concerned, either partially or in full, this with immediate effect and without judicial intervention.
2. The provider of accommodation also has the right to dissolve the contract with immediate effect, without being under the obligation to pay or reimburse compensation, should it become apparent to the provider of accommodation subsequent to the conclusion of the contract that the meeting may be accompanied by damage to the property of the provider of accommodation, or injury to persons, or should it be expected that there will be a disturbance of the public order.

Article 9: Force majeure

1. In these general terms and conditions force majeure on the part of the provider of accommodation is understood to be a circumstance outside the control of the provider of accommodation – even if this could already have been foreseen at the time the contract was concluded – that temporarily or permanently hinders fulfilment of the contract, as well as, in so far as these are not already included, war, threat of war, civil war, riots, industrial action, fire and other severe disruptions to the company of the provider of accommodation, as well as the impossibility of fulfilling the contract as a result of shortcomings of persons and/or companies called in by the provider of accommodation in order to execute the contract. In the event that the execution of the contract is hindered as a result of force majeure then the provider of accommodation has the right, without judicial intervention, to either suspend the execution of the contract, or to dissolve the contract either completely or in part, without being obliged to any compensation.
2. The hirer shall in any case not be able to invoke force majeure on his part in the event that (an) important speaker(s) do(es) not appear, or the number of visitors or participants fall far short of expectations, or comparable circumstances. The hirer should arrange for insurance to cover such risks.

Article 10: Liability

1. The provider of accommodation is not liable for damage and or loss incurred by the hirer or third parties in connection with or as a result of a failure to execute the contract, execute the contract in good time, or to execute the contract in an adequate manner. The hirer indemnifies the provider of accommodation against every claim from third parties in connection with the contract.
2. The hirer shall fully compensate the provider of accommodation for all damage to goods and injury to persons incurred by the provider of accommodation and the personnel of the provider of accommodation or its contractors as a result of, or caused by, actions on the part of the hirer, the hirer’s personnel, visitors to the accommodation or participants at the function or by other persons for the benefit of whom the hirer has concluded the contract with the provider of accommodation.
3. The hirer indemnifies the provider of accommodation against claims from third parties in connection with infringements of copyright and/or industrial property rights as a result of services provided by the provider of accommodation for the benefit of the hirer.
4. The provider of the accommodation cannot be held responsible for missing goods of the tenant or of goods that have been supplied to a third party by the tenant.

Article 11: Hire of other accommodation

The provider of accommodation is entitled to provide the hirer with comparable conference or congress accommodation in deviation from the accommodation that was to be provided under the contract.

Article 12: The provision of information

The hirer is obliged to ensure for the timely supply to the provider of accommodation of all (additional) information that could reasonably be expected to be of importance in connection with the execution of the contract.

Article 13: Equipment, etc.

Audio-visual equipment, illumination of the stands, decoration and decorative objects, computers, cabling, etc. (hereinafter referred to as 'equipment') the hirer wishes to use during the rent of the accommodation shall, unless otherwise agreed, be made available and operated by the provider of accommodation. These shall be considered to be additional costs and shall be included in the contract. Explicit and written permission from the provider of accommodation is required for the supply of equipment from the hirer or third parties, as well as the operation of this equipment by the hirer or by third parties. With the exception of intent or gross negligence the provider of accommodation is not liable for loss during or resulting from the use and/or operation of equipment made available to the provider of accommodation and used by him or on his behalf. The provider of accommodation is exempt from every liability for damage resulting from the use and/or operation of equipment not provided by the provider of accommodation.

Article 14: Catering

The hirer is under the obligation to make use of services in connection with food and drink (catering) made available by the provider of accommodation or by a third party designated by the provider of accommodation. Explicit and written permission is required from the provider of accommodation for every other form of catering.

Article 15: Modifications to the rented accommodation

1. The hirer is forbidden to make any modifications to the accommodation, attach any large and/or heavy objects, or mount any decorations, signs or posters without prior written permission from the provider of accommodation.
2. The hirer is under the obligation to remove any objects brought by him and to restore the halls in their original condition. The costs involved shall be borne by the hirer. Article 16: Photography, video and audio recordings

Article 16: Photography, video and audio recordings

Prior written permission from the provider of accommodation is required for photography for commercial purposes or for video and audio recordings.

Article 17: Advertisements and sales

Neither advertising nor the sale of products and/or services in the rented accommodation is permitted without written permission from the provider of accommodation and unless agreement has been reached about a fee, where relevant.

Article 18: Permanent rent

Permanent renters of accommodation from the provider of accommodation, where applicable, are entitled to sell their products and or services during the rental period.

Article 19: Subletting

The hirer is not permitted to sublet or to let (any part of) the rented accommodation to a third party, nor to use the accommodation for a purpose other than was made known to the provider of accommodation.

Article 20: Permits

The hirer shall apply for all permits in relation to the meeting. The hirer will bear the costs for the application for, and retention of, the permit(s).

Article 21: Performing rights

The hirer will personally ensure for the acquisition of the performing rights, and for the payment of all the accompanying and associated costs. The hirer will indemnify the provider of accommodation against claims by third parties.

Article 22: Rental period

The provider of accommodation is entitled to have the rented accommodation vacated on the expiry of the rental period.

Article 23: Access

The provider of accommodation is at all times entitled to refuse access to individual persons.

Article 24: Emergency exits

It is forbidden to block or remove emergency exits, emergency lighting, fire extinguishing equipment, or fire alarms.

Article 25: General authority to issue instructions

In general the hirer is under the obligation to comply with instructions from (personnel of) the provider of accommodation with respect to the use of the rented accommodation.

Article 26: Disputes

• All disputes in respect of a contract to which either all or part of these general terms and conditions are applicable, or in connection with further agreements that arise from such a contract, shall be submitted in writing to the Klachtencommissie (Complaints Committee) for a binding opinion. Should one of the parties not be able to concur with the decision reached by the Klachtencommissie then that party may lodge an appeal with the Commissie van Beroep (Appeals Committee). Copies of the regulations of the Klachtencommissie and the Commissie van Beroep may be obtained from the secretariat of the Stichting Uitvoering Erkenningsregeling Vereniging Nederlandse Congresbelangen.
• Notwithstanding the provisions of the previous paragraph, the parties may also take a dispute to an ordinary court.

Article 27: Applicable law

All contracts between the provider of accommodation and the hirer shall be governed by the laws of the Netherlands.

Breda, 2009