Version valid from: 1 September 2011
Article 1 Definitions
1.1 Guestmanship: the sole proprietorship Guestmanship, registered at the Chamber of Commerce in The Hague under number 53409000.
1.2 Client: the natural or legal person who concludes an agreement with Guestmanship for the provision of services.
1.3 Services: all works carried out by Guestmanship for the Client.
Article 2 General Terms and Conditions
2.1 These general terms and conditions apply to all offers made, tenders submitted, agreements concluded, Services carried out and other acts performed by Guestmanship, unless otherwise agreed upon in writing.
2.2 By signing an agreement or order confirmation with Guestmanship the Client declares to have read these general terms and conditions of Guestmanship and to agree to them.
2.3 Any purchasing conditions or other conditions from the Client will not be applicable.
2.4 In the event that any provision of these general terms and conditions becomes null and void or is voided, the other provisions of these general terms and conditions will remain fully in effect and Guestmanship and Client will consult with each other to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the void or voided provision will be taken into account as far as possible.
2.5 In the event that the Client includes provisions or conditions in his assignment that deviate from, or do not appear in these terms and conditions, these will only be binding for Guestmanship if and in so far as Guestmanship explicitly accepts them in writing.
2.6 In the event that Guestmanship at its own initiative and for the benefit of the Client, deviates from the general terms and conditions, Client may never derive any rights from this.
Article 3 Rates and offers
3.1 The offers from Guestmanship regarding proposals for travel and accommodation will remain valid for 21 days. After this period expires we may be obliged to implement a price adjustment.
3.2 All rates applied by Guestmanship are fixed rates for the works as described in the offer. These rates will be excluding any extra costs incurred by Guestmanship on the instructions of the Client, which costs will be invoiced to the Client later on.
3.3 The rates as referred to in article 3.2 will include costs for travel and accommodation.
3.4 The services provided by Guestmanship must be purchased by the Client for a minimum of four hours per day or session.
Article 4 Effecting an agreement
4.1 An agreement between Guestmanship and the Client is effected after the Client has signed an order form and has complied with the payment obligations set by Guestmanship.
Article 5 Execution of extra work
5.1 In consultation with the Client a date, time and location will be agreed for the execution of the Services by Guestmanship.
5.2 The Client will provide Guestmanship with the opportunity to execute the Services at the date, time and location as agreed upon. In the event that Guestmanship is unable to carry out the Services through actions of the Client, the latter will compensate Guestmanship for costs incurred and income lost.
5.3 Guestmanship will guarantee that Services to be provided by it will be executed to the best of its ability, applying sufficient care and skill.
5.4 When the Client expresses complaints about Services provided by Guestmanship parties will consult with each other to reach a fitting solution for both.
5.5 In the event that at the request of the Client, Guestmanship provides more Services or costs unforeseen in the offer made by Guestmanship, the Client will reimburse these costs. Extra work will be invoiced on an hourly basis against the rate set by Guestmanship and the expenses incurred.
5.6 In addition to the provisions as referred to in article 5.5 Guestmanship will have the right not to conclude a purchase if the amount involved exceeds the limit of € 5,000.- (five thousand Euros) applied by Guestmanship.
Article 6 Rights and obligations of the Client
6.1 In principle the Client will be obliged to abide by the provisions as laid down in these terms and conditions, unless otherwise agreed upon.
6.2 Guestmanship will carry out Services on the orders of Client. In the event that the Client does not provide clear orders, if any, to Guestmanship and as a result thereof Guestmanship is unable to carry out Services, Client will as yet be obliged to pay Guestmanship according to the invoices sent.
6.3 The Client will take care that all data and/or materials which Guestmanship deems necessary or which Client should, within reason, know to be necessary for the execution of Services, are given to Guestmanship in due time.
6.4 In case, as an exception to article 6.2, the data required for the execution of the agreement are not given to Guestmanship in time, the latter will have the right to suspend the execution of the agreement and/or charge the extra costs arising from the delay to the Client.
6.5 If the Client has complaints about the Services provided by Guestmanship he will express these to Guestmanship immediately or no later than seven days after the Service is carried out. The Client will exempt Guestmanship from all legal claims in connection with the Services provided, one year after these have been carried out.
6.6 The Client will be adequately insured for damages that may arise in case Guestmanship uses the goods made available by the Client. This will most certainly include, but not be limited to, a liability insurance for motorized vehicles.
Article 7 Payment
7.1 All invoices sent by Guestmanship must be paid by the Client within thirty (30), unless the invoice states a different payment term.
7.2 If the reservation is made within thirty (30) days prior to the date of arrival, the full value of the reservation will have to be paid immediately after signing the order agreement.
7.3 If the Client fails to comply with the payment term set by Guestmanship, it will send the Client a reminder and allow the Client a final term to comply.
7.4 If after the term as described in article 7.3 the Client fails to comply with his obligation to pay, Guestmanship will have the right to suspend the execution of the Services up to the moment the Client proceeds to pay the amounts owing to Guestmanship. Besides this, Guestmanship will be entitled to charge a default interest of six percent (6%) of the due and payable invoice amount.
7.5 In addition to the provisions in article 7.4 the Client will be obliged to fully compensate Guestmanship for all costs incurred, judicially and extra-judicially, in connection with the collection of the invoice amount due to the latter.
7.6 In the event that the Client wishes to object against the level of the amount as referred to in the invoice, the Client must notify Guestmanship of this no later than eight (8) days after receiving the invoice.
7.7 The Client must pay Guestmanship for all costs incurred by the latter as soon as possible and in cash. Guestmanship will provide any purchase receipts if the Client requests such.
Article 8 Cancellation
8.1 Cancellation of a journey and/or accommodation organized and planned by Guestmanship must be sent to Guestmanship by letter or e-mail message.
The terms and conditions after cancellation:
• upon cancellation from the moment of the order confirmation up to and including the 56th day prior to departure of the Client: 20% of the total travel costs, with a minimum of 50 Euros;
• upon cancellation 29 to 55 days prior to departure of the Client: 50% of the total travel costs, with a minimum of 50 Euros;
• upon cancellation 17 to 28 days prior to departure of the Client: 75% of the total travel costs;
• upon cancellation 16 days prior to departure until the day of departure: the total travel costs.
Article 8 Liability
8.1 If Guestmanship is liable towards the Client, this liability will be restricted to the provisions in this article.
8.2 Guestmanship will only be liable for direct damage the Client may incur due to an attributable breach on the part of Guestmanship in the compliance with the agreement.
8.3 Guestmanship will explicitly not be liable for any indirect damage the Client may incur as a result from the Services provided by Guestmanship.
8.4 In the event that Guestmanship is held liable, this liability will be limited to the amount that is paid out under the applicable insurance agreement in the case in question.
8.5 In case as an exception to the provisions in article 8.4, for whatever reason, payment under the applicable insurance agreement is not forthcoming, the liability of Guestmanship will be limited to no more than the amount that Guestmanship invoiced to the Client in the month when the event relevant to the liability occurred, with a maximum of € 1,000.00 (one thousand Euros).
8.6 The Client will exempt the Guestmanship from claims from third parties arising from, or else in connection with the execution of Services.
Article 9 Force majeure
9.1 Guestmanship will not remain bound to any of its obligations towards the Client if obstructed therein as a result of a circumstance which cannot be attributed to Guestmanship, nor a cause for which Guestmanship is accountable by law, by a legal act or according to generally accepted standards.
9.2 During the period that the force majeure continues Guestmanship may suspend its obligations under the agreement. If the force majeure continues for a period in excess of sixty (60) days, both the Client as well as Guestmanship will have the right to terminate the agreement without any obligations to compensate the other party for damages incurred.
Article 10 Confidentiality
10.1 Guestmanship will be obliged towards the Client to maintain strict confidentiality towards third parties that are not involved in the execution of the Services. This confidentiality concerns all information of a confidential nature the Client places at the disposal of Guestmanship, or that accrue to Guestmanship in whichever way. This confidentiality does not apply in case legal or professional regulations impose an obligation to disclose information on Guestmanship.
Article 11 Applicable law and disputes
11.1 All legal relationships to which Guestmanship is a party will solely be governed by Dutch law.
11.2 The Client and Guestmanship will appeal to the court no sooner than after having fully exerted themselves to settle a dispute in mutual consultation.
Article 12 Copyrights / intellectual property
12. 1 The copyrights on all information, texts, materials and all technical processes you find on the website/in the brochure rest with Guestmanship. Your access to the website does not entail that you may freely reuse / copy or distribute the information provided here. In case pages / HTML code / META tags made up by Guestmanship are copied, wholly or partially, legal steps will be taken immediately and irrevocably. The intellectual property rights, including copyrights vested in the materials present on the website/in the brochure belong to Guestmanship, or else are licensed to Guestmanship by third parties.
Article 13 Disclaimer
13.1 The website/ brochure has been made up by Guestmanship with the utmost care. The information within may, however, contain errors, inaccuracies or typing errors. Guestmanship will not be responsible and/or liable for the content of the website/ brochure and the information it contains. Guestmanship will not be liable for damage, directly or indirectly, arising from the use of its website or the information there within. Guestmanship may at all times make improvements or amendments to the website/brochure and does so regularly. Guestmanship will not be liable for damages arising from the use of, or the (temporary) inability to use electronic means of communication with its website, including, but not limited to damages as a result of failure to deliver or delay in delivery of electronic messages, interception or manipulation of electronic messages by third parties or by software/equipment used for electronic communication and the spread of viruses. By using the Guestmanship website you exempt Guestmanship from all damages resulting from liability to third parties arising from violation or failure to comply with these terms and conditions which otherwise are connected with or arise from your use of its website.
Article 14 Amendment of these terms and conditions
Guestmanship retains the right to amend the terms and conditions under which the website is provided. You will accept and acknowledge the terms and conditions and provisions that are in force at the moment you use the facilities of Guestmanship as binding.