General (rental) terms and conditions TELEUKTROUWEN/TELEUKEVENTDESIGN
General Terms and Conditions amended, final and adopted 1st of august 2020.

TELEUKTROUWEN/TELEUKEVENTDESIGN
Are trade names of Viridis VOF.
Registered at the Dutch Chamber of Commerce no. 72808535
Wieksloterweg Oz 83a
3766 LT SOEST
035-6227997

Article 1. Definitions
a. User: TE LEUK TROUWEN/TE LEUK EVENTDESIGN, registered at the Dutch Chamber of Commerce no. 72808535. Hereinafter also referred to as “User”.

b. Other party: the natural or legal person who enters into an agreement with TE LEUK TROUWEN/ TE LEUK EVENTDESIGN. This can be for example: bridal couples, bridegrooms/locations/wedding planners. Hereinafter also referred to as "Other Party".

c. Agreement: An agreement is a realization of services, in case of TE LEUK TROUWEN/ TE LEUK EVENTDESIGN this can for example be an event/marriage. An agreement may be in the form of an offer on paper or digitally provided to the Other Party. An agreement can also be an agreed written offer in the e-mail. The agreement is concluded when the Other Party issues a (signed) order to the User.
 
d. Total concept: the Other Party or the Other Party can opt for a TE LEUK TROUWEN/ TE LEUK EVENTDESIGN total concept. This means that TE LEUK TROUWEN/ TE LEUK EVENTDESIGN takes care of the organisation. This includes bar, drinks buffet and staff.

e. Service: all that the User facilitates, designs or delivers, for example, but not exhaustively.


Article 1.1. Formation and content of the Agreement
a. The assignment agreement between the User and the Other Party will be concluded upon receipt by the User of an offer signed by the Other Party, or a verbal agreement.

b. Changes or additions to the agreement or deviations from (parts of) the General Terms and Conditions will only be binding as they have been expressly agreed between the Other Party and the User.

c. The General Terms and Conditions also apply after the end of the agreement.

d. Agreements and General Terms and Conditions are binding by signing the agreement. The signing of the agreement must be done in writing or digitally.

f. User will execute the agreement to the best of its knowledge and ability.

g. The Other Party is obliged to provide the User with all necessary information such as name and address details, which the Other Party should understand are necessary for the performance of an agreement. If the Other Party fails to provide the User with the required information in a timely manner, the User will be entitled to cancel and/or suspend the agreement until the required information has been provided. Costs resulting from delays may be charged to the Other Party.

h. The Other Party will provide a list in good time with which data, as referred to in article 1.1 under g, must be provided.

i. A first offer is without obligation. No rights can be derived from printing, type and typesetting errors.

j. Offers from the User have a validity of 2 weeks after the offer date, unless otherwise agreed.
 
k. Offers from User are valid for the period offered. User reserves the right to make personal offers, which do not automatically apply to future orders.

l. In the event of price changes in personnel costs, materials and other items, the User will inform the Other Party as soon as possible. The User reserves the right to make price changes in its offers at any time as a result of, for example, (legally) imposed price increases or price increases that are necessary to implement reasonably.

m. If an offer has been made but an order is not forthcoming, the User reserves the right to charge the design, concept and calculation costs to the Other Party. If this could be the case, this will be explicitly stated in the offer.

 
Article 2. Realisation of the Agreement
Article 2.1. Locations
a. When there is a cooperation it is important that there is a location. The Other Party must take care of booking a location itself. User is a party that can facilitate an event / wedding at almost any location. This requires the correct information (date, location) as the starting point of the cooperation. If necessary, the User can search and book the location. Extra costs will be charged for this.
 
Article 2.2. Staff
a. User provides staff available throughout the day to facilitate the event or wedding. Facilitating includes, but is not limited to, building, taking care of and dismantling the facilitated event. User determines how many employees are needed. This will be based on experience. 
 

Article 2.3. Assembly and dismantling
a. If the User's team has to deliver or assemble materials before 08:00 and after 20:00, a staff surcharge of 200% will be charged. For the assembly and disassembly on Sundays, the User also charges 200% of the established personnel costs for the entire day. On the basis of the request for an order and the quotation drawn up, a schedule is drawn up. If the User has to build up or break down an event or wedding between a certain period of time and the planning has to be adjusted accordingly, 150% of the established personnel costs will be charged. The User will do this in consultation with the Other Party. Different times are possible, provided in consultation with both parties.

b. The location of the event / wedding should be on the ground floor, at most 10 meters away from the place where User's commercial vehicles can load / unload. It should be a flat floor that is accessible for rolling material. If the location is on an unpaved surface that is less easily accessible for commercial vehicles, the User may charge for extra equipment such as a forklift truck, shovel or material such as road plates. This will always be in consultation with the Other party.

c. In the event of a waiting period, internal transport or the non-availability of a room/goods as agreed between the Other Party and the User, € 75 per hour per employee will be charged. 

 
Article 2.4. Separate styling
a. It is not possible to rent separate styling that is built up and dismantled by the Other Party itself.

b. User offers styling jobs with a rate from €5.000 incl. VAT. User takes care of the assembly and disassembly, but are not necessarily present during the event / wedding.

c. The User can never be held liable for inaccuracies regarding rates, illustrations, indications of dimensions, capacity and weights which have been passed on by the Other Party.
 

Article 2.5. Catering
a. During events / weddings where the User is operating the bar, there will always be a contact person / catering manager from the User present for the Other Party. 

b. User ensures that there is always a person in possession of the necessary certificates regarding Social Hygiene and FAFS.

c. User does not pour alcoholic beverages with a percentage greater than 15% alcohol as referred to in the Drinks and Catering Act. The Other Party is free to purchase and serve spirits itself under its own responsibility and within the legal standards and regulations.

Article 3. Tent rental
a. When renting a tent, a site visit of €41.35 excl. VAT is required. When visiting a location, the User will find out where the tent can be placed, what is needed to set up the tent properly and safely and how the User can get there with all the necessary equipment. Without a site visit it is not possible to rent a tent. Should the Other Party purchase a Total Concept, these location costs are included in the concept.

b. Placing tents on unpaved ground: The User is obliged to make it clear to the Other Party where any piping/cables/discharge etc. are incorporated in the ground. With the Other Party's permission, the User will peg herrings with a maximum depth of 1.00 metres and a minimum depth of 25 cm. With the permission of the Other Party, the User will not be responsible for damage (to materials in) the ground.

c. Placing tents on paved ground: The User asks the Other Party to clarify where any land tax has been calculated at the location of the tent. This often applies to roofs, balconies and some indoor locations. In addition, this location must be accessible for a pallet truck. With the Other Party's permission, the User will place concrete blocks of at least 150kg each. After permission of the Other Party, the User is not responsible for damage to materials in the soil / subsoil itself.

d. Floors on unpaved ground like grass: When the User places a (decking) floor on a grass surface, the User cannot be held liable for any damage to the grass.


Article 3.1. Assembly and dismantling of tents
a. Assembly and dismantling of tent(s) and decking is included in the cost price of the tent and decking. Assembly and dismantling costs that are charged separately in an offer apply to the other rented materials. If the offer is changed, it is possible that the construction and dismantling costs will also change.

b. The Other Party pays 1 day's rent for the entire rental period: construction day, day of use and day of demolition. If the materials are used for several days, the User may apply a graduated scale.*

*Note: If the User agrees with the Other Party to place materials at an earlier date, the scale may lapse. This is always in consultation with the Other Party.
 

Article 3.2. Safety of tents and damage
a. In order to guarantee the safety of the User's employees and all other persons present, it is not possible to move the tent when it stands. It is not possible to rent tents separately without assembly and disassembly by the User's employees. The placing and dismantling of our stretcher marquees, pagoda marquees and alu-halls will always be carried out by the User and cannot be carried out by the Other Party.

b. When renting a tent, the Other Party is obliged to rent a safety-box at €45.45 excluding VAT. The safety box consists of an approved fire extinguisher, fire blanket and first aid box.

c. Fireworks, wish balloons and other sources of fire and/or heat are expressly not permitted within a radius of 100 metres from our tents due to insurance and the safety of the User and the safety of guests of the Other Party. Damage to the tent caused by stars, fireworks, wish balloons and other fire and/or heat sources will be recovered from the Other Party.

d. User is not liable for any fines for non issued permits. The other party will ensure that the necessary permits are in place.

e. Confetti is not allowed inside User's tents. Damage resulting from this will be recovered from the Other Party in accordance with Article 9. Biological options are negotiable with the User, provided they have been agreed in writing. If a Other Party makes use of confetti in nature, the User will never be liable for any damage caused to nature. The Other Party must dispose of the resulting waste itself. For the use of confetti, always consult and observe the conditions of the municipality in which the location is located and of the location itself.


Article 3.3. Explanation tent floor
The awning floor must be laid on a flat surface. If this is not possible, the floor should be laid. The hours are calculated on the basis of subsequent calculation. Mow the meadows more often for 2 weeks before the event / wedding and at least 3 weeks before the wedding do not let any cattle (anymore).


Article 4. Facilities
a. User facilitates drainage for bar/toilet, electricity and water where necessary at additional cost. Please note: fixed drainage, electricity and water connections must be available within 15 metres of the required location.

b. Fixed water connections are installed by means of Gardena couplings. When this is not possible, a tank can be placed, at larger distances a pump can be placed. Both the tank and the pump are priced on request.

c. The cleaning costs for crockery, glassware and cutlery amount to 50% of the total rental costs.

 
Article 5. Waste
a. Waste on site must be disposed of by the Other Party itself. User always leaves waste behind on location. The User will at all times collect waste produced by them in garbage bags. Catering outlets such as food trucks and caterers will leave the waste on location in garbage bags.*

b. As soon as the garbage cannot be left on site, User can bring a garbage container for an additional charge.

*Users will at all times dispose of waste produced in their own bar (such as empty wine bottles) themselves.
 

Article 6. External rental
a. In some cases the User may have to hire materials from an external party/supplier. In the case of this external rental, the additional costs will be passed on in the offer.


Article 7. Wedding / event abroad (or on the Dutch Wadden Islands)
a. Wherever User can come with the company cars, an event can be facilitated, including abroad. For this purpose User charges a kilometre price per kilometre driven (retour journey).

b. Kilometre / Mileage prices are determined per month on the basis of diesel and operating costs.

c. Accommodation. If an event or wedding location is more than 600 kilometres from Soest, the User will charge the Other Party for 1 overnight stay on the outward journey and 1 overnight stay on the return journey. The number of rooms depends on the size of the team. The size of the team depends on the goods and services purchased in agreement.

d. The Other Party must provide the User with the overnight stay(s) (between arrival/assembling/ disassembly/departure). The overnight location may be no more than 20 minutes from the event or wedding location. A confirmation of the reserved overnight accommodation must be sent 3 weeks before the wedding or event.

e. An overnight accommodation for the User must comply with the following: - Beds with mattresses. Airbeds, mats and sofas are not allowed as official sleeping places.
- Men and women separated per room, unless otherwise agreed.
- 1 bathroom per 6 persons with running water, toilet and shower.
- Rooms must be lockable.
- Max. 3 persons per closed room.
If the User is required to be present on location throughout the day, lunch and dinner must be provided by the caterer during the day(s).

f. Dutch Wadden Islands: If an event or wedding is organized on the Dutch Wadden Islands, costs for the boat crossing will be charged. The Other Party must take care of the overnight stays between arrival and assembly/ dismantling for the User. The number of rooms to be reserved depends on the size of the team. The size of the team depends on the goods and services purchased in agreement.


Article 8. Explanation of transport
a. Transport costs are based on the quantity of materials purchased and their weight. If there are changes in the offer, transport costs may change. If parking and toll charges are known to the User in advance, these costs will be passed on in the agreement. If parking and toll charges are not known to the User in advance, these costs will be charged on after the event / wedding on post-calculation.


Article 9. Damage, insurance and liability
a. A surcharge of 3% of the rent of the insured objects is calculated for the damage and risk scheme. This includes, for example: missing or broken glassware from the bar, a windlight that was accidentally knocked over, a plate that falls apart, a vase that breaks or dirt on cushions.

b. In the event of greater damage, the following excess applies to the Other Party for each rental object:

a. An object with a current value of less than € 2500: an own risk of € 500
b. An object with a daily value between € 2500 - € 4999: an own risk of € 1250
c. An object with a daily value between € 5000 - €9999: an own risk of € 2500
d. An object with a daily value from € 9999: an own risk of of € 3500

Please note: damage caused by intent, gross negligence or sources of heat and fire as described in Article 3.2. will be charged 100% to the Other Party, unless caused by the User itself.

c. In the event of damage, the Other Party declares to inform the User as soon as possible.

d. The Other Party is liable for theft, loss or damage of the rented materials during the entire rental period. Repair costs in connection with damage will always be charged in consultation with the Other Party on subsequent calculation.

e. If materials are placed on public places and the Other Party cannot guarantee that theft/damage will not occur, the User can have security called in at extra cost.

f. De Gebruiker stelt zich niet aansprakelijk bij verlies of diefstal hiervan. The Other Party is responsible for the materials they bring or receive themselves during the wedding / event. For example: gifts, found objects or a guest book. The User shall not be liable in the event of loss or theft thereof.

g. It is possible for the Other Party to take out (wedding) insurance with an external insurer.


Article 10. Copyright designs and photographs
a. If printed matter is custom-made by the User, this remains subject to copyright. User is the only party entitled to decide on the exploitation of the works that have been created.

b. Designs made for the Other Party will remain the property of the User and will be stored for at least one year on the User's internal server. The Other Party can not claim this after the event / wedding.

c. Produced and personalised custom printed matter remains the property of the User and is recycled/processed into new materials or destroyed as much as possible after use. After the event / wedding, the Other Party has no claim to this, unless the Other Party pays for storage. A storage agreement must be agreed prior to the event / wedding. Examples of personalized and produced printed matter are: welcome signs, banners/photo cloths/plates/back panels, menu cards, stage design, decor etc.


Article 11. Sharing of images for the sole purpose of promotion
a. By signing for approval of the agreement, the Other Party also agrees to share images made during the wedding / event, unless otherwise agreed. Images on which only our materials (and therefore no persons) can be seen may always be made public by us on internet websites, promotional pages, printed matter for promotion and social/other channels.
 

Article 12. Investigation and complaints
a. Complaints must be submitted to the User in writing and sufficiently substantiated within 4 weeks after the day of the wedding at the latest. The notice of default must contain as detailed a description of the shortcoming as possible, so that the User is able to respond adequately. In doing so, the Other Party must investigate whether the quality and quantity of the Service provided and the Service performed correspond with that which has been agreed or at least meet the requirements that apply to it in normal matters of trade.

b. If it is no longer possible or meaningful to carry out the work agreed upon, the User will only be liable within the limits set out in these General Terms and Conditions.

c. The right to (partial) restitution of the price, repair or replacement or compensation will expire if defects are not reported within the set period, unless a longer period arises from the nature of the Service or from circumstances of the case.
 

Article 13. Termination / cancellation of agreement or cooperation
Because the User reserves materials and staff for the Other Party, these can no longer be made available to others. For this reason, cancellation fees apply when terminating an agreement. (For more information see section b of this article)
a. The User has the right to terminate and/or refuse an agreement if, in the User's opinion, the content may harm the interests and/or good name of the User's company. The Other Party will not be entitled to compensation for this in any form whatsoever.

b. If the Other Party wishes to cancel the agreement, the following cancellation conditions apply:
- Cancellation costs in the event of termination of the agreement after entering into the agreement up to 8 weeks before the event/marriage: Down payment of € 1000 including VAT will be withheld by User. In the event of additional costs incurred by the User, any costs incurred will also be charged to the Other Party.
- Cancellation costs in the event of cancellation up to 8 weeks before the event/marriage: 25% of the total agreed costs.
- Cancellation fee in case of termination of the agreement between 4-8 weeks before the event/ marriage: 50% of the total agreed costs.
 - Cancellation fee 4 weeks before event / wedding: 100% of the total agreed costs.
 
c. The postponement of an event/marriage date in the event of an exceptional force majeure situation, can be done without additional costs if communicated in writing to the Other Party/user 8 weeks prior to the event/marriage.

d. If the Other Party fails to fulfil an obligation under the Agreement or fails to do so fully, on time or properly, the User will be entitled to suspend the fulfilment of its obligations and/or the User will be entitled to dissolve the Agreement with immediate effect. In addition, the User will be entitled to suspend the fulfilment of its obligations and/or dissolve the Agreement with immediate effect if:
– after the conclusion of the Agreement, the User has become aware of circumstances that give good reason to fear that the Other Party will not fulfil its payment obligation;
– the Other Party is in arrears for more than two months;
– the Other Party is declared bankrupt, applies for a suspension of payments, requests the application of debt rescheduling of natural persons, is confronted with an attachment of its property.

e. If the agreement is dissolved, the User's claims against the Other Party will be immediately due and payable. If the User suspends fulfilment of its obligations, it will retain its rights under the law and the agreement.

f. The agreement shall also terminate with immediate effect and without judicial intervention in the event of:
- Bankruptcy declaration or suspension of payment of the User.
- Cessation of User's business activities.
 

Article 14. Terms of payment
a. Payment is made in three terms
b. 1st term When agreeing tot the agreement, the Other Party must pay a down payment of €1000,- incl. VAT.
c. 2nd term
50% of the remaining amount (agreed sum minus deposit) from the agreement must be paid eight weeks before execution of the order.
3rd term The remaining amount from the agreed sum (agreed sum minus down payment minus 50%) must be paid 4 weeks before execution of the order.

d. Materials that are hired extra in the weeks before the event/marriage, will be invoiced at postcalculation.

e. All User invoices are subject to a payment term of 14 days.

f. With the approval of the offer, the business Counterparty will receive a 100% invoice before the start of the event, unless otherwise agreed.

g. Any Other Party that fails to pay on time shall be in default by operation of law from the expiry of the payment term, without further notice of default being required. The User will then be entitled to claim additional compensation for all costs already incurred in respect of the agreement. Furthermore, in the event the Other Party is in default, the User will be entitled to charge statutory interest of 2% per month from the expiry of the payment term until the date of payment and a compensation for extrajudicial collection costs amounting to 15% of the agreed amount. With regard to the extrajudicial (collection) costs, contrary to Article 6:96 paragraph 5 of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs, the User is entitled to compensation of 15% of the total outstanding principal sum with a minimum of € 90 for each invoice that has not been paid in full or in part.

h. Any objections to (the amount of) an invoice do not suspend the payment obligation for the uncontested part of the invoice. For private and business Other Party the same cancellation conditions as discussed in Article 15 apply.


Article 15. Special situations
a. In the event of a terrorist threat, the User will always rely on advice from government and security agencies. If, in the event of a security threat, an order must be cancelled/suspended on the advice of a security institution, the User may at all times charge all expenses incurred to the Other Party.

b. In the event of illness or accidents among the User's staff, the User will always seek solutions in the form of replacement staff by hiring third parties or a replacement party.

c. In the event of a regional, national or international health threat, User will always rely on advice from government and safety authorities. If, in the event of a health threat, an order must be cancelled/suspended on the advice of a safety authority, the User may at all times charge all reasonable and fair expenses incurred to the Other Party. The User will at all times try to move the event/marriage in cooperation with the Other Party, of course on the basis of available data for both parties.

d. If the event/marriage is cancelled by the Other Party, all Organization, concept, design and material costs including Payment Costs will be charged to the Other Party in accordance with the cancellation conditions described in Article 12

e. In the event of a health threat to the User's personnel, a good option will be sought, in consultation with the Other Party, to relocate the event/marriage or to engage third parties.

 
Article 16. Confidentiality
a. Both parties are obliged to maintain the confidentiality of all confidential information obtained from each other or from another source within the framework of their agreement. Information shall be deemed to be confidential if the other party has indicated so or if this arises from the nature of the information.

 
Artikel 17. Dispute resolution
a. If one or more of the provisions in these General Terms and Conditions are null and void or should be declared null and void, the other provisions of these General Terms and Conditions shall remain fully applicable instead of if one or more of the articles in these General Terms and Conditions are null and void or should be declared null and void, the other articles of these General Terms and Conditions shall remain fully applicable.

b. Disputes between the User and the Other Party will be submitted to the competent court in the place where the User has its registered office.

c. Within one month after the User has invoked paragraph 1 in respect of it, the Other Party will be entitled to opt for settlement of the dispute by the court with jurisdiction under the law.

d. Any agreement between the User and the Other Party will be governed by Dutch law.